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Home My WebLink AboutCC 1979-02-01 MinutesOF KET IN February 1, 1979 ?WINING & ZONI G CI4 sEldf ArdR1114 APPLICATION EY MIAMI AMILT CENTER POR RETARbEb TO CHANGE ZONING AT 126.428 N.E. i3Rt) ST. PROM R.,3 TO R-4 EXTENSION OF PUBLIC NEARING ON CONSIbtAATION OF APPLICATION tY M.R.8. PROPtATIES,INC, TO CHANGE ZONING AT NORTHEAST CORNER OF N.W. 53RD ST, 7TH AVENUE FROM C-1 TO C-4 DEMAPPEAL BY ROGELIA RODRIGUEZ OF ZOt3TNG BOARb' S bENIAL FOR VARIANCE TO PERMIT COMPLETION OF A FAMILY ROOM AbbITION AT 2265 N►W. 5TH STREET DEFERAL, OF CONSIDERATION OF APPEAL BY MARIAN MORRIS OF ZONING BOARD'S DENIAL OF VARIANCE FOR FRONT YARD SETBACK ON CARPORT ADDITION AT 1041 N.W. 30TH CT. DEFERRAL OF CONSIDERATION OF APPEAL BY YOLANDA ALBO OF ZONING BOARD'S DENIAL OF VARIANCE FOR REAR YARD SETBACK'ONADDITION TO REAR DWELLING UNIT AT 2722 N.W. 5TH STREET APPLICATION BY ERNEST M. HALPRYN-PROPERTY AT 1428 BRICKELL AVENUE AND DRIVE-IN TELLERS AT 1428 BRICKELL AVENUE APPLICATION BY THE SALVATION ARMY FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE TO PERMIT EXCESS OFF STREET PARKING AT 6803 N.W.4TH AVENUE APPLICATION BY KINGSWHARF LTD. FOR VACATION AND CLOSURE OF SKYLINE DRIVE AS PER TENTATIVE PLAT #1031-"L'HERMITAGE" APPOINTMENT OF WELLINGTON ROLLE AS THE ALTERNATE MEMBER TO THE MIAMI ZONING BOARD PARKING LOT REVIEW BOARD -INCREASE TO 7 MEMBERS AMD.SEC. 34-63 OF CODE DEFERRAL OF CONSIDERATION OF FOLLOWING MATTERS JAMES G. ROBERTSON: (a) Closure of Clark.Ct. and del Monde St. "Jamestown Center" (b) Addition to existing club known as the "Jamestown Club" (c) Structure On Tent. Plat #10277Jamestown Center with a 1.9 floor area ratio. RFQUBST BY MIKF SIMONHOFF TO BE CONSID€REP FQR PUTURZ PFVF 'MENT ACTIVITY IN ZONING IN "THE "MASS TRANSIT CQRRIPQ " CQURT tIBARING IN CQNNFCTIQN WITH LAWSUIT FILM B' AL BAKQL$KI AGAINST" TRH CITY OF NIAM1 CQt MISSIQNFR RQSF PORP0 QUF$TI,QNS MAYOR FEW WITH BSFgCT TO BTATFMFNT6 MAN QN WtQ,B,A, ittliTgNILe Ord, 8896 M-79-75 Discussion R-79-80 14-24 37-67 67-69 69-73 73-74 74-75 piPcussicn 75 Pi§ UPPiPn 75,77 pi? uS§i9 - 77.,r78 MINUTES 0P REM= MEETING 0P 'E CITY COiMIssMOtN GP MIAMI, PUMA On the ist day of Pebruary, 19,5 , the City with ission of Miami, Plorida met at its regular meeting place in the City Hall, 5500 Pan American brive, Miami, Plorida in regular station. The meeting was called to order at 5'.55 o'clock P.M. by Mayor Maurice A. Terre with the following tnetnbers of the commission found to be present; ALSO PRESENT: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.). Theodore Gibson Vice, -Mayor J.L.Plummer Mayor Maurice A Ferre Joseph R. Grassie, City Manager, R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney. Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. SECOND READING ORDINANCE: APPLICATION BY MIAMI ADULT CENTER FOR RETARDED TO CHANGE ZONING AT 126-128 N.E. 63RD ST FROM R-3 to R-4 Mr. Davis:The first item is the second reading of a change of zoning that -you accomplished in your December meeting, on the Miami Adult Center • for Retarded Children. Rev. Gibson:Mr. Mayor, Rose moves, I second. Mayor Ferre: This is a second reading of the application by Miami Adult Center for Retarded to change the zoning and so on. All right, we've been through this, We had a long, lengthy, heated, emotional and difficult discussion. Is there anybody in the public who wants to speak to this item? If not, it has been moved and seconded by Mrs, Gordon and Father. Gibson, We will have to wait one second to get the fourth, --oh, we don't need four votes do we? We need three. Ca11 the roll. Read the ordinance, Mrs, Gordon: Mr, Mayor I respectfully request that the vote on this be held until the members absent return to their seats, This is a contro- versial matter and is one that everyone should register their vote, yea or Day. Mayor Ferre: 1 respect that request, Fernando, would you do me the favor of telling ,T,L, and Armando Lacasa that we are waiting for them for an important vote, We are now on 'rem 1, This is a controversial. matter, 1 am sure you remember the discussion and Mr, Laeaea 1 assume ,you read the record on that discussion and you are prepared to vote, We are now waiting for Commissioner 1'1ummer, 1 a r 1 tr NOTE: Cetisaihter Plummer entered the meeting, Mayor Pare: All right, tse have a full eOitiniisaion. Call the roll item 1 second reading, AN ORDINANCE ENTITLED: AN 0%bINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE Foi THE CITE OF MIAMI, BY CHANGING THE ZoN1NG CLASSIFICATION OP LOT 18, BLOCK 6, INGLEWOOD GARDENS (13-S7), BEING 126-128 N.E, 6ORD STREET FROM R-3 (LOW DENSITY MtiLTIPLE) To R-4 (MEDIUM DENSITY MULTIPLE); AND BY MAKING THE NECESSARY cR NGES IN THE ZONING DISTRICT MAP MADE A PART oP SAID ORDINANCE No, 6871 BY REFERENCEAND DESCRIPTION IN ARTICLE 11I, SECTION 2 THEREOF', BY REPEALING' ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Passed on its first reading by title at the meeting of December 14, 1979, was taken up for its second and final reading by title and adoption. On -:motion of Commissioner Gordon, seconded by Rev. Gibson, the Ordinance was thereupongiven its second and final reading"by title and passed and adopted 'by the. folloing vote' AYES: Mrs. Gordon, Mr. Lacasa, Rev. Gibson, Mayor Ferre. NOES: Mr. Plummer. ie ordinance was designated Ordinance No. 8896. Mr. Plummer, prior to casting his vote: My previous vote was the same, I voted in the negative, by indicating that I felt that too much for one neighborhood was too much, and this had approached that area. It's un- fortunate that I have to say no to people of need, but I just don't think a neighborhood can be overburdened. My vote is in the negative. Mayor Ferre: You vote against this? This is that residential section. They came in and showed us some movies. The neighbors were opposed to it, --as I recall. Mr. Plummer: This is an extension of a present facility. The original thing I was for, 'I'voted for. It was in fact a,... Mrs. Gordon: J.L. did vote against it last time. Mayor Ferre: He voted agaist it? Mrs. Gordon: He did. He was the only negative vote. Mr. Plummer: Yes, I voted against it before. I voted for it in its original inception, to put it there. I think it is a great facility, but I just think you can overcrowd a particular neighborhood. Mayor Ferre: I stand corrected, Just vote no, Mr. Plummer: Well you asked a question, and I answered it. Mayor Ferre: I apologize, I understnad, Mr, Plummer; I accept your apology= Mayor Ferre; I vote yes. r 1 F47Q &TENSION OP PUBLIC NEARING ON CONSTDgRAttON 6F APPttCATTGN 'Si M.R,S. PRCPFRTTFS, INC. TO CHANGE 2ONtNG At NORTHEAST CORNER of N.V. SSRn ST% 7 TH AVE,FROM Cal to C4: Mayor Ferre: Now We are on the second reading of Item P2. Mr. Davis: This %as the project, if you remember Mr. Manor the U-Haul It,,. Mayor Ferret Who? Mr, David:..the U'=Uaul Trailers up on the old Toby's site on 54th Street, Mr. Plummer: Yes, is the old Toby Cafeteria and there was concern expressed by the Muslim Mosque next door. Mayor Ferre: But that as I recall, passed. That was a unanimous,. Mrs. Gordon: I moved that one. I move it again. Mr. Davis: There was an amendment on that by Mrs.Gordon, which the southerly 5 ft. on that property. Mrs. Gordon: Was it 5 or 15? M ,ta!ris:- I believe it was 5 Mrs. Gordon. Mrs.Gordon: I read the back-up,... Mr. David: It was 10 ft. Mrs. Gordon. Mrs. Gordon: Let me see:what ordinance that' you delivered Mr. Davis: Then that's what Mrs.Gordon: Okay.If that is Mayor Ferre: I'll tell you, She reads these things. She you've got in here. You have 15 here in the to me in back-up material. it was Mrs. Gordon.. correct all right. you've got to go a long way to past knows what she's talking about. Rose. Rev. Gibson: I hope Mr. Mayor before we vote, I hope those people stand what's happening. Mayor Ferre: All right, we are now,, . Counsel are you going to discuss that? Mr. Weintraub: Albert Weintraub for U-Haul It. I believe of the,... Mayor Ferre: Are you here in opposition Mr. Weintraub? Mr, Weintraub: No, I'm for it Mayor Terre; Is, there further discussion? Mr, Plummer; Mr. Mayor ,just for the record, I see the members of the Temple that are here, and their renaiuing silence indicates to me that they are now, feel that this has reached an equitable compromise, under we have members Unidentified: No, Mr, Plummer; Well, then get up and say something, You didn't co here just to sit, Mayor Ferre; Yee, this is n public hearing PP you are entitiad,,,. Mr,Plummer; If you want to say something: please do, e ciown ,x Mayor `ette: At this deeotyd heatittg of this behalf. Mr. Plumffitr; I don't want you to ttavel all the Way down, and watch it go by the board Unidentified: our concert is pretty Much the same. Ms. Hirai: tmeuse tne, your name and address for the record. Mr. Islam Lateef: My name is Islam Lateef, I live at 2040 N.k'r 1 4 Street I:attetid the Mosque, right on the corner, right across the street, from the area we are talking about. We have a business right across the street also. And our concern is still the same as it was before. 1 represent our task force that was looking into the matter of the J-Haul people expanding over into the extra two lots, and we that this Cotntnission would concur with the decision that came forth from the Zoning Board, And that decision, 1 think, the Zoning Board turned this matter down, they wouldn't give the zoning for this particular piece of property,and we are hoping that the Commission will follow through on that. our conern is,we don't want these large vehicles right in front of our Religious City. If you put these large trucks there, we are only talking about, right across the street that is the interest to our religious 'institution. And we just don't want this type of industry right across the street from our institution. It is all right if the go ahead on 53rd Street, which they have already done, that is fine and good, but I think we'll be talking about rezoning 53rd Street, then you are right in our door, the trucks. And I know, you know, wh.,'s talking about any other type of other religious institution, we'll think twice before we do such a thing. Mrs. Gordon: May I clarify the difference between what the Zoning Board turned down and what we are considering and have approved on first reading? 1 am not sure, --you may already know the difference, but if you don't, may I explain to you? The difference is that this Commission, and I would ask staff to please put a pencil on the southern 15 feet and leave it there, of the property being discussed. Would you put a pencil on the map? On the southerly part? Just lay it down there. Just lay it on the southerly part of the C-1, straight across the yellow part.Just lay a pencil across the bottom. Move it up about a half inch.' Fine. Okay. Where you see the pencil line, would be a landscaped buffer.Now, what I mean by a landscaped buffer would be that that area would shield the view into the property, and I'll ask the applicant to confirm this after I make my statement, --would shield the view of the church from any kind of activity that is taking place within that property. Now, they would not be able to exit on that street because the zoning there, as we're changing it, would not permit, and they would have to agree to that, that they would make no opening, so that they, you. know, wouldn't look for a way to come in and out there From your pointof view, facing what you face now, which is a parking lot, where any kind of vehicle can pull in, a truck, or anything, because it is a parking lot. You don't have very much amenity to look at, Mr. Lateef; The problem is, Mrs. Gordon. The U-Haul people might do exactly what they say. That's fine and good. Once we've resolved this problem, then anyone that's subject to come along and take that property, they can do pretty much whatever they want, Mrs. Gordon; No, because, --.et me explain it in full. If haven't explained. it fully then maybe you know, someone else will finish up what I have to say. Okay. We are not changing the whole property. We are going to change it only up to 15 feet from the lot line, --not going to change the lot line for a 15 ft. strip. So anybody cane along and wanted to build something with a C-4 classification and use it facing 53rd Street, you know, like whatever, --couldn't do it, because we have boxed them in. See? May, mr. Lateef; I just represent the task force, We do have Nash , hmad that is the m.n stet of the mosque, would like for hf?t1 tP sPeaii to it Mrs. Gordon! Certainly, Mayor Perret All tight. Mitiater Nesir Ahmad:l would like to sy thank you Very much of behalf of Our tflet berahip, the world community of Mayor Ferret We need your bathe and address, Mr% Ahmadt?es,I'tn going to give you my name, 1 just what to thank you for the opportunity% My ttat►e is. Nasir Ahmad. I't resident Imam. Nasir, first name, last name) Ahtnad. resident Ifnat, Minister, leader► ¶hatik you, Now what I have to say is a brief; --it won't take long. I'd like to say, may the peace of God be unto you, Islamic, bear Conth issioners and Mr. Mayor, holy Koran, Muslim bible,says that the Muslims ate obligated to maintain good government and be productive citizens in the society. Our present leadershib, Honorable Muhammad in Chicago. has established the following priorities for our community. First is ed*.icatibn, jobs for husbands and fathers, and moral excellence. presently our property is being used as a tnasjid, It is a house of worship and a school. To grow and foster human life, Dear Commissioners, it requires more than food and wine. Now I'd like to refer to the scripture. I am a religious man, --'Justice, All Mighty God says let us make men,' He wasn't talking about beards and moustaches. He was talking 'about ``minds, morals, sentiments and etc.in our image and in our likeness. And this was put there in scriptures to show us, orderin Almighty Goa's'creation. Naturally we see in the physical creation in one part of a country, timberland in one part, vegetation in another part, mountains in another part of the country and nature has some kind of environmental order, and even in our biological structures, we see the heart in one place,the bowels in another place, the brain in another place. And we see in this design 4r nature that Almight God is trying to suggest and influence the City planner how they should zone the human world, such as he has zoned the physical world. So it's with this thought that he is speaking against this issue. We are very concerned about it I'd like to say, in our residential areas, where you live and where I live, we would be against for example a steel mill adjacent to our homes, even though itwould be an opportunity to work, its products would be unsightly. We would be against these things. And those of us who retain respect for Almighty God, we certainly would be against something that would desecrate our houses of worship.Not so much that it would offend Almighty God, but it distracts, from ourtrue intent and purpose.' In America today you see many groups that are concerned about esthetic beauty of America, --preserving the forest, preserving the rocks, preserving. birds. But we should be more concerned about preserving human life, that.Almight God intended for us to have on this earth, --on this physical earth. So we'd like to say in keeping with traditions, --the wise traditions of City planners over the years, that we don't just pass this without deep consideration. And I'd like to say, although I. am a spiritual man, a religious man, a man of the Book, I'd like to let you know that the religious words are also inspiration and direction to our scientists, to our sociologists, to our lawyers and etc. So our enviroment; yes, it is complicated and complex, but we have to be conscientious of what we decide in terms' of where we put things. So I'd like to say on behalf of our community, --we are known as the Muslims, --that it is bad for the development of the higher forces in a human being, to mix things that are of a business nature with things that are of'an,intellectual, academic and religious nature. They should be separated. So I thank you for listening to us and as decision makers, you are responsible for forming and shaping the City. And there, the human being doesn't grow by food and water alone. The human being is a creature that is affected by every word that is in the environment, Everything we see, everything we hear, everything we smell, is a word or message informing us, the mind, inside of flesh body, So`I thank you, and in that spirit I hope that you Pan concur, or we could come up to some type of humane decision. Thank you, And this is no offense to our attorney here. i am not _saying this to offend hits. NTs, Gordon; Now that is a beautiful presentation, W. Ahtnad, Thanks you kindly. kw, Gibson: it let me say, I think you ate getting the best of two Worlds here. :What Mrs. Gordon has indicated to you, and what We indicated last time was, the counsel and Mrs. Kline will not be able to use 15 ft of that land. You will get a fence going up, which theats that they can't Code out and COMB out your way. They will will have to go out of 52hd, Mt, Plummer: Pifty-fourth,. key. Gibson; I`ifty.-fourth,..I'm sorry. I would hope with appropriate landscaping, Mr. Grassie, you and the staff, you know when you were putting up that, —when you were doing that business there of under the expressway,==remetnber that? You sold us oh that business of all that fine and heavy shrubbery. Heavily shrubbed, bo you remember that? I want you to do the same thing for those people. That would be the sense in which I would be voting. And where you have a lot of trees so that you don't see that business out there, because I need to tell the Com- mission already whether you pass it or not, they've already done what they've contemplated, but all those, big, U4Maul It trucks anyway, And We hope that within, a-protltoo-,-use those words, that you will go there and landscape that place and put that,.. Mrs. Gordon inaudible. Rev. Gibson: That's right, Mr, Grassie: Commissioner, I need to point about a piece of private property. This is case under the expressway, in which we had talking about a piece of private property. do t:.nt kind of landscaping. Levi. Gi,,on: I follow you but let's 'say this. Before we vote, I want a commitment right now to heavily landscape that area with plenty of trees just like under the expressway. That's the only way I'm going to vote. Mrs. Gordon: I want to ask Mr. Knox a question. Isn't it a fact that if we pass this today, we can't condition zoning, but we certainly can get a verbal commitment from the applicant that he would put up a fence and he would heavily landscape that 15 feet. And isn't it true that it takes 30 days before this becomes effective? out:to you that we'.re talking not City property as was the a lease with the State. We are We can encourage the owner to Mr. Plummer: For the record', I want it to be noted that Mrs. Gordon bypassed the lady'attorney, a very beautiful and well-educated person and went to Mr. Knox I want the record, to reveal, Mr. Knox answer the question.: Mrs. Gordon: Well, the lady and I understood each other.We haven't any difficulty with each other, do we? I have no identification problem. Mr. Plummer: Yes, Rose, its been that way for many years of identification. Mrs. Gordon: I don't care who answers the question. The question is related to the date, when this becomes effective, and its 30 days hence. And in that 30 day period, I would assume that. the applicant would be willing to show his good faith by having that fence go up and the landscaping,go in, so that this Commission then would not have'to take any. kind of action to rescind today's action. Mr. Knox; I'll defer the question to Ms, Maer. Mr, Plummer: 0h, are you smarter than I thought, Whew. Ms, Magri You are correct Mrs, Gordon,. Mr, 'Ahmed; I'd like to say to you, the reason why we didn't come up is because we are taught to be very humble and respectful, and we didn't know that we were supposed tP approach the rostrum, That is the only reason why we didn't come. Rev, Oibaoht All rights We are itt business Mre, &Wahl We are iooking out for you. Mr. Plummer: Father let me state, Jerry Siivertnan, whets I served and /tole served with hit oh the 'Zoning hoard, used to make his statement, and I afft tore concerned about his statetent of the past, you don't have to water a Wall, A Waii doesn't die, And most important is that this kind of iattioe Wail Wili go up and 1 do encourage as they have to put the landscape. But if the landscaping dies, the wall remains, Okay NOW, Mr, Lateef, if I may speak to you for a moment, You know in this world we don't always what we Want, Sohetites we have to take and look at other sides, your honored colleague there spoke of the Koran. The Koran of course is written in Arabic, and if your Arabic is expanded you then know the word Suptah. The Word Subran is Arabic for alcohol or alcoholism. My theory, and I've expressed it before, is if we knots what they are doing and what they are going to do, if they are denied, you trust be faced with a possibility that that structure could in fact be used for a discoteque, a lounge, a package store, or some other which in my estimation would be much more detrimental to you than a known factor. So I am voting for the motion to approve, with the stipulations as I am sure will be placed. So 1 think this is a choice of known factor as opposed to what could happen to you which you could not lose. Any further discussion? Mr. Weintraub do you wish to,,.,.. Mr, Albert Weintraub: On behalf of U-Haul It, we met on January 7 with the representatives. You indicated you wanted us to get together. We did. At that time we reviewed our representations and I reduced them a writing letter, which we had served upon the Muslims. In that representation we have indicated that we will use the property as we indicated in our sketch which we presented to them, that the landscaping will be commenced immediately after you approve this action today, in such a way as to screen from view, the U-Haul It vehicles, that the landscaping will be maintained for this pu.pose, that in the event of any problems, if there is any problems,we don't come back here. We appointed our representative, Mr. who was here, of our U-Haul It staff to meet and resolve the problem on the scene that we represented. It was our understanding at that time, there was a 10 foot strip, described in the ordinance with a purpose of landscaping is essential condition to the zoning change, and that it would permit the parking of the.U-Haul It vehicles, and that the zoning is con- ditioned thereon. We make this representation. Mrs. Gordon: Well, we really can't condition zoning but it is a verbal understanding. Mr Weintraub: It was a verbal understanding that we had. We also made one further representation that in the event special parking is required for any of the affairs of the Mosque that they contact us in advance, suit- able arrangements will be made to utilize the property for their purposes, if the space and facilities are available at that time. Mrs, Gordon; No opening on 53rd Street, Mr, Weintraub Well at that time, we went ahead and we built a fence. finished, Rev. Gibson; Metal fence, already there? Mrs, Gordon; Not a louvered fence? Mr Weintraub: There is an opening on it. Rev, Gibapn; Regular chain fence. Mr, Weintraub; Chain 3 Plc fence behind which we will puce the shrubbery PP it stays in existence We .don't want it to be removed for any reason, There is a gate there, AI that time its C=i property and wll remain C=i, 14 are per ttod to drive through, That was not a part of your motion PT part of the indication, Mrs. Gordon: I made a commitment to them it I MEWS 'this its gang to they dent drive through. Gtheiee I'm tiat moving its Mr. Weintraub Well, I don't know how We can drive in and patk their vehicles, and for; their purpose,... key, Gibson I the tell your I ain't going to Mrs. Gordon: I you are not it would rather they would nct drive,in. My brother, let ruts a church. you tell those brothers and titters, they be driving, --we ate going to close that, made a statement and that's the way I would move it. if accord with that then I wouldn't move it. Rev. Gibson: That's right. Mt.:Weintraub:W'ell our statement to to do that. That's our problem, Rev.Gitson: You have our cotmnittnent and tell the toard that there won't to a.qc to go there. That's exactly You had better listen to us. them what that we would jertnit them now, They know. They, could gO back be a gate there. You aren't going the way we are passing the motion. Mr. Plummer: Are we cutting:both faces, Is there not a difference between a pedestrian gate and automoble gate? Mrs. Gordon: That's not what we are talking about. Rev. :,ibson: Plummer, Plummer, --I've been a boy a long doggone time, and you know all you have to do is to walk out of this room and then we change the game. I don't want the fence there period,',. -the gate there, period.,. Other wise you are going to be raising all sorts of hell later on. You'd better listen to us. Mr. Plummer: How are they going to get back and forth if they utilize their parking lot? Rev. Gibson: We don't want them to use it. Let them worry about it otherwise. Let them worry about it otherwise. Mr. Plummer: You don't want to use it? All right. Father would you like to offer the motion. Excuse me Mr. Williams wanted to speak. Frank? Mr. Frank Williams: I'd like to point out one problem with this leaving the south 15 or 10 feet C-1. If you are going to make sure that there is no access to that re -zoned piece of property, and this could happen. This gentlemen might agree to all kinds of things to provide them, and then move, and the next owner would decide he wanted accessto cross C-1 and there's no way I can prevent it. If there would be some way to rezone it in a residential nature, this strip, then the ordinance would be very clear, that they could not access over residential to C-4 property. Mrs. Gordon; That's a good idea. Rev. Gibson: I think we ought to have followed that, because I'm so afraid what's going to happen. You tell, us sir, and we'll make the motion accordingly and/or write the ordinance accordingly. Mr. Davis; I think we ought to ask the Law Department whether or not this would have to be readvertised to rezone to a lower zoning such as R-5 or R-C. Ms, Maer. Yes, we would have to readvertise it, and reschedule this for the next agenda, Mr. Rummer Reuse me, to the Honorable legal adviser, we can pass on this this evening, less that, and then initiate a hearing for that portion to be reduced, Maar! That's Correct, Mayor terra: Okays is that Clear no t? NOW who made the motion? Mrs►'cordon: There has to be an understanding though at this ttothent in time about that opening Mr. Weintraub Well the opening is close to the Rxpressway► It across froth the church. Its at the end of the property. Mrs. Gordon: Ask the members of the church to respond to that opening. Mr. Plummer: It would be on the east side.' Mrs. Gordon! They heard the take a statement there'd be no opening and they cat rely on my statement and I don't want them to come back some point in time and say you said and you didn't. Now, you tell me if you understand what he wants you to have, Rev, Gibson: My brother, --we don't want no opening. Unidentified person: We don't want an opening on 53rd Street. We want ]t to -e closed. Manor Ferret Who wants to make the. motion? Rev. Gibson: I make the motion. Mayor Ferre: As stipulated underthe discussion. Rev. Gibson: As stipulated. Mayor Ferre: It's been moved and seconded. Further discussion. Mr. Plummer: Mr. Mayor one thing of relief to the church. It is_true we cannot stipulate zoning.Boy, we can always remember the future if they don't do right. Mrs. Gordon: Yes, I thought the 30 day period of time is an important factor because this zoning does not become effective until 30 days hence. In the meantime in that 30 day period, if the applicant does not choose to abide by what we've asked, then we can offer a motion rescind. Am I correct? to Rev. Gibson: And we want it also understood for the record, that we want to proceed posthaste with the hearing to rezone, to change the zoning on that 15 ft piece. Okay. That's part of the deal So you understand, counsel? Mr, Weintraub; Well, I have some difficulty in procedure. Are' you amending ,the present ordinance to reflect a different zoning, or are you proposing a new ordinance to zone that 10 ft, strip? Mr. Plummer: That would be a separate. Mr, Davis; If I may explain sir, our office will initiate as requested by the Commission, the rezoning of this southerly 15 ft. of all those lots that face 53rd Street from the present C-1 to probably R-5, Mr, Plummer; In other words you can put up a 15 ft, wide high rise? Mr. Weintraub; I was going to say you are doing,. -I'► just talking my own experience with other entities, I would suggest you carefully examine the damage you may do to a zoning scheme or a plan, However this is not my jurisdiction of other matters, Mr,Davis; Well, this is a matter that the CQmissien has requested and our pffico will proceed accordingly, Qf course it will be a public hearing before this Zoning Board as sop} ns we eon get there, which will be March and be bads before this Cott nission in April. .197c Mr. ;Weintraub: We have no prob:en with your tithe littits. I Just thing that that type of toning bears diffit_ulties generally, Mr► Mutter: tet's don't thisunderstafid each other, counselor, so you understand fully, Mr. Weintraub: I don't Want to lead you into errors Mr. Plater: I want a letter fratn you ,--you, your client, prior to the second reading, key, Gibsottt This is "second reading, J.I.. Mr. Weintraub: You have already received a letter froth us, with our representation. Mr. Plummer: Its 30 days before this becomes effective, I want a letter from you or your client prior to'30 days, that you have no objections to the rezoning south l5 ft. to 1t-5. in absence of that letter, on the 29th day this Commission will convene to reconsider. Not that I think is pretty clear. Mayor Ferre: Okay. Further duscussion? Mr. Weintraub: Excuse me, I respectfully submit that you should ask you City Attorneys to advise you the significance of such a request. Mayor Ferret We are not requesting this. You are doing this voluntarily. Rev: Gibson Mr. Mayor, I have a solution, Mr. Mayor, Mr. Mayor,--Ihave a solution to the problem. I move to postpone. Mrs. Gordon: Okay. I second it. Mayor Ferret There a motion to postpone Item 2. There's a second. Further discussion? Call the roll. Mr. Plummer on roll call: I vote no. I think we are dealing with honorable. people who are aboveboard. I think its a misunderstanding. I see no reason todelay.'I think that which I outlined is sufficient and I am willing to go with that, so I vote no. Rev. Gibson: But J.L. remember he's the counsel, --if he isn't going to. advise his client, --- Mayor Ferre: Let's vote Mrs. Gordon: We don't have to have this deferrment if the Counsel will so state that he is willing to, --whatever. Mayor Ferre: You see, the problem is this. I think what the able counselor who happens to be a distinguished city attorney, or was', --still are? lie still is the City Attorney in some other municipality, his point now is that this: Commission cannotforce certain requirements. They can volunteer. That's why I just didn't understand that anybody was trying,to force anything on you.. I thought you were going to volunteer all of this. Rev, Gibson: Right. Mayor Fevre; Since have the questions about volunteering then z think that the motion to postpone is in order, Mr, Weintraub: Well, volunteering and being placed in position where it becomes very :difficult to proceed, --might be the same thing, I have presented to your City;C1erh, and I have represented to you all, that which we have arrived at as an understanding before the members of the Sect, I do wish to advise that while we arg very pliable and we aTe trying to upgrade that neighborhood, and arrive at an understanding which is beneficial to it, We believe you :nay be imposing on this :property conditions which are ,difficult at best, and :nay be damaging to the business purposes that are involved, 1 Mayor Terre: 'We don't want to impose anything Mrs Weintraub and we ate in the middle of a ►ate right MN: Mr. Weibttaub: Well 1 dust Want to point out that the concept that 5e started with was the strip of land and the heavy shrubbery, which t.e have tiet, and which we intend to follow, and which we have represented by letter both to the Mosque and to you. Mayor Perre: 1 don't want to be rude to you, but you can talk for the nett hour and that's not going to change anything as 1 see going here,. and the point is we are in the middle of a vote, and technically 1 think we should conclude that at this point. We are very formal at this Commission, but 1 think we have to trove along. Mayor Ferre on roll call: I vote along with the makers of the motion as a courtesy to them: This in no way speaks to like position, to your request,' Mr: Weintraub, and that of your clients. I would want to make sure that the record would reflect, and you would understand it, there's certainly no intention to force you to do anything, but certainly we have some people who havesome very deep feelings about this and they are entitled to present their views they have, and I would hope that we could find a happy middle ground that would.satisfy all the different parties. I hope that we could reach that soon. Rev. Gibson: Mr. Mayor, tolerate me one, --sir, it distresses me world without end -,'that as we come down here, we are the fathers of the community, that we can't bring peace and harmony in a community. What:this Commission doesn't envision and he isn't is, once we give them what they want, -rand I want to thank the staff for that,,that's why they have a staff, --they don't have to keep the good faith'.'.They will keep their good faith, but if they are no longer the owners of: that land, their successors don't have to keep it, and Counsel understands that. And I am disturbed. Now it is also true that we don't have to change the zoning. Mrs. Gordon: True. Question to our staff, whoever wishes to answer this question, the suggestion that you made relative to the change in zoning on the strip, could also be handled by a voluntary deed restriction on the part of the applicant, restricting the access over that property.. Is that correct? Mr. Fosmoen:Yes. Mrs. Gordon: Which would speed things up quite a bit. Okay. Mr-. Weintraub: I think we should make it clear we have no difficulty with limiting the access. That's not our problem. My problem is that to foul up, words of';the vernacular, the, type of zoning is difficult.If. you wish to have us represent that we are not going to have access, fine. We don't have any problem with that. Mrs. Gordon: Are you willing to put that into the contract? Mr. Weintraub: We are willing to put into the city, -- we are willing to encumber the property on that basis. The difficulty that I have is, that when you talk in terms of malting residential zoning on a 15 ft. stip of somebody's land, that destroys a great deal of the value of>land for the future to come. Mrs. Gordon; gven a deed restriction would do the same thing. Mr, Weintraub; Say it again please. Mrs, Gordon: If you have a deed restriction, eliminating the use of that property,.. Mr, Weintraub; We are really talking abput aeeeas. We are not talking about changing the toning, 11 Mrs, dordout Aod development, Mr, Weittraubt i. don't understand what you The by developtien Mrs, Jordon: usually granted,, -assuring that it were granted, iot` a heavier e6MMerCial 2oning, that you could possibly develop. additionel i ohstruttiott on that site, -true,- Mr. Weintraub: We are willing to limit to toning what it is Mrs, cordon:. —and if you should so chose, by Some covenant,==you're anattorney and I'm ttot, restrict the development from crossing over that border no tatter that ever happens with inside that property, --that is simply what we are discussing. Rut I believe,...we have a deferment how, so I believe that you will come back to it, but whett you tome back, you come back With your idea of a good solution. Mr. Plummer: Please,, Mr. Weintraub, we don't have to -play with English. We don't have to play with words, sir. Let the tell you where J.h. is and you'll understand very clear sir,without that being, --with your written no -objection, --I'm voting against it. It's Just that simple. Now, I've trying to tell:you that, --I think this Commission is trying tO tell you that. Now, if you and your client feel' that you don't want to: register: that letter, so say. And then we go from there. Okay? I'm. telling you very simple. You give that letter of no objection, or I'm voting against Item #12. Mr. Weintraub: Respectfully no objection to what? Mr. Plummer: No objection to an initiated hearing by this Commission to reduce that to an R-5, which is this Commission's guarantee that it can never, -not you necessarily,you could sell it next year, -and the new client can come in,'and the way Mr.Williams has stated, he can put 13 holes through that fence. Now if we rezone that 15 foot to R-5, nobody can put holes in it, and Mr. Williams can enforce it. That is this Com- mission's assurance that at this time, and no time in the future, is there going to be ingress or egress on 53rd Street. I don't think you've got any problems sir. You want basically access to that expressway. On the east side of that property you are going to have it. And its just that simple Mr. Weintraub. Mr. Weintraub: Yes, I can file a covenant that says there's no access to property as indicated by Mrs. Gordon. Mr. Plummer: Which isn't worth the paper its written on, sir. Mr. Weintraub: On the contrary. A covenant running with the land to take the advice of your own City Attorney. Mr Plummer: Mr. City Attorney, if I am correct, a covenant conditioning zoning is illegal and tested in court will be defeated, am I right or wrong. Ms. Maer: A voluntary covenant would not be illegal. However if you did pass your motion and change the zoning conditioned upon this restrictive covenant running with the land, that would be illegal, Mr. Plummer: If that's the case, I've go no problem. You hear what's' being said? Rev. Gibson; No I didn't. Mr, Plummer All right, What is being said is if he has proffered a voluntary covenant to the Clerk, and I assume to the attorney, .stating that they will not ever use that for ingress or egress, she says to me. that that is legal, .as long as its voluntary! And if that is the case, then, you know, its all over, Rev, Gibson; Look, you know, we just go through' words around here. I want to make sure that whoever buys that land from you later on, understands he can't 4o itA That's my .asurance, I :am not, --look man, I' ►e seen a 12 FED 19M couple of 'things that really shake Mt r Listen, my brother, I love you, I etas going to oppose you before, and you know, I didn't oppose you. t kind of eased the thing, I could had all of those people down here, but you know I +gent"out there and talked with them, because Rose and / said well, you knowif you get this landscaped) --and to opening, you know, Now, you balk and you don't want to do, do talk with your clients, You know, you come back here, If they still balk, I'll deal with you when you cote, but.I want to tell you I have softie strong feelings. Let The tell this Commission something, You know, when they come out in our areas, they usually, have that package deal worked out._I want' to make sure as long as I atn down here, you know everybody is going to be on the up and up, Okay. I don't have to live with that later on My brother, go take care of the business and if you don't want to take care Of the business, come back. Mayor Ferret Where are we flow? Mr. Plummer. Excuse: me. Mt. Weintraub, sir, in all due respect to you sir, in your conditional or your voluntary covenant sir, no where in the 6 points, do you stipulate no ingress or egress. Mr. Weintraub: No, this was arrived at before this,.. Mr. Plummer: Yes, I understand, but that is what we are concerned with. Mr. Weintraub: That is correct, and I said to you. I'll give you a covenant voluntarily, running with the land, restricting ingress and egress. I don't knob what we are arguing about, in all respect. Mr. Plummer: Yes. Mayor Ferre: Oka.I think we've deferred.Is there further action on Item 1'2?. Mr. Plummer: Deferred to what date? Mayor Ferre: Would you tell us what date we deferred to? Mr. Davis: You don't have a date set sir. I hope we get one set tonight for perhaps March 8th, since we are not having anything more in February. Mr. Plummer:Mr. Davis, look, he is either going to file the letter or he's not sir. And I see no problem on the 22nd of. February that we can schedule this item. To me, if he files that letter, it's going to be that quick, and if he doesn't file that letter it's still going to be that quick. Mr. Davis: Well, as I say we have no zoning meeting on the 22nd Mr. Plummer. Mayor Ferre: Well, all right, March 8th is fine. Mr. Plummer: We are meeting on the 22nd of February. It has nothing to do with the zoning meeting. Mayor Ferre; When is it going to come up? Mr. Plummer; So bring it up, --Let's schedule it for the agenda of 22. Hs, Maer;I just wanted to comment that a restrictive covenant, if the applicant wished to volunteer` this restrictive covenant, it is binding on any successor in title in the future, I don't know if that was under= stood, Mayor Ferre; Okay, Let's go, We understand, Mr, Weintraub; So L understand you are going to pass the ordinance, conditioned upon the submission by that Letter? Rev,, "OLbson o, c:� Mayor ferret too, you are going to have to volunteers involved in any, --when you decide ubat you ate going we'll look at it, And maybe then we'll put it Oh the Is that right? We dott't Waft to get to volunteer, then agenda the 22nd. Rev. Gibsont tight Mayor Ferret okay. Very good. We'll see you on the 22nd. Mrs. Gordon: The 22nd? We're taking up toning on the 22nd? Mayor Ferret No, this is just a batter as Plummer said) that we'll vote on very quickly, yea or hay. Mr. Weintraub: Will it be a public hearing at that time, necessary to appear? Mayor Ferre: No I don't think it is a public hearing, Mr. Davis: We would have to have a public hearing Mr, Mayor, Mrr. Gordon:Yes, you would have to. Mayor Ferre: Then we would extend this public hearing? Mr. Bevis: You can sir. I think, it would be up to the attorney. Ma) r Ferret We will extend it to the end of the meeting on the 22nd. that correct? Last item? March athe 8th. Ms. Maer: Well we can do it the 22nd. It would just be a continuation from this meeting. Mayor Ferre: Any objections to that? Then I rule that we continue this meting until the last item on the agenda on the 22nd of February. Mr. Weintraub: Just so we understand that there no need for any of us return.•We've been -down here 3 or 4'times now. Rev. Gibson Sir, I didn't get that. Mr. Weintraub: There's .no need for any of us to return back. We will. submit the covenant to your City Attorney. Rev. Gibson: My brother, you come. Mr. Plummer; If the brothers at the Mosque at this point don't feel that that we're defending their rights, they never will. Rev. Gibson: That's right. Mayor Ferrel Thank you very much. The following motion was introduced by Commissioner Gibson moved its adoption: MOTION O. 79-74 A MOTION OF TIE CITY COMMISSION CONTINUING' THE FOLIC • HEARING ON. THE- APPLICATION OF M, R, S, I'RO#'ERTIES, INC.. FORA CHANCE OF ZONING AT THE NORTHEAST CORNER OF.. N,W.,, 53RD STREET.AND 7TH AVENUE FROM.C41 TO C'4, • TO THE MEETING OF FEERUARY 22. 1.979 AS THE LAST -ITEM ON THE AGENDA., - - - Upon being•secpndcd by COnp scion€r Gordon,the motion was passed and adopted by the following vote: AY S, Mrs, Cordon'. .Rev, .Gibson and Mayor. Ferre, Noss: Mr. FLummer• .and Mr, Lacasa, bENY APPEAL EY t00ELIA RObRI0UEZ Of ZONINC HOARD'S bENIAL fOk VA{�tIANCCE{ TO PERMIT{� yO{fq'P COMPLETION OP A{�yPAM�. jtLY ROOM .}{Abibltt 4 AT 226 N 1 W . 5TH STREET b1RECTING-AbMINISTRATION TO .- REVIEW PROHLEM OP... ILLECAL CONSTRUCT/ON bONE WITHOUT THE NECESSARY CITE` PERMIT ANb COME FACE WITH RECOMMENbAI'ItlNS fO t CoMMI8SIbN CONSIbERAMIbN May or the Zoning This is Rogelia Rodriguetl y appeal, Board denied this 7 to 0, the Planning bepartte:it recommended denial. There were eight objections by mail, one present at the Zoning Board meeting. What happened was that lady, (is she here, --yes, I see her here), --what happened was, that t think it was father,.. -no Rose,-4 think it was you,.. Mrs. Cordon: Right. Mayor`Ferre:,,who requested the opportunity to we concluded. Now, Mr. Lacasa,.. Mr. Lacasa: Mr. Mayor I was the attorney of record in this particular case, so I aske:3 the Commission that I be excused from hearing this case. Ferre: You don't have to ask permission. You just state it on the. recor:i that you excuse yourself for,... you have to sign some kind of a form doesn't he? Mrs. Gordon: Yes. You have to find a form. Mes,or Ferre: Okay Mr.:trmando Guiterrez: For the record my name is Armando Guiterrez, 1850 S.W. 8th Street, Suite 408, I am the attorney representing one of the petitioners Mrs. Rogelia Rodriguez. Mr. Mayor, members of the Commission, we come here tonight attempting to convince this Commission on appeal to reverse the decision of the Zoning Board where permission to complete a structure which could be described as a family room, an extra room, on the residence of this lady, was denied. The law is clear, but we are not talking about the lake here as Commissioner, the Rev. Mr. Gibson said before, he is not here to follow the dictates of any law or any words of any attorney but to act in fair pia) We have here a very particular situation, six ladies living alone. The lady present here is the youngest of the six ladies. They got a brother who arrived blind, to live with them, not room for the brother, and then maybe wrongfully, maybe not knowing what they were doing,they got involved in this construction trying to build a room for their blind brother. Now, I know that maybe all of these allegations do not conform with a law and to the ordinances, but as I say here, I am appealing to you in behalf of my client, if not based on any legal fact, but based on humanitarian reasons, and I beg this Commission to reverse this decision, based on these facts. If you have any questions that I will be able to answer, I'll try. I think the facts are very clear in this case. go see the property before Rev. Gibson: Sir, I want to beconsistent, or either if I am not consistent you tell me. The one thing I like about, well, I'd better say America, is that we are a nation, at lease we are on:paper,we are a nation of law. I wonder if yoU ask the people wo did that building if°they knew. Now, you know to build in a neighborhood, they must know you have to have a building permit. Mr. Guiterrez; Well, I asked that from this lady and they, didn't lsnow any better, Rev, Gibson; All right, listen. I'w sure wherever they cam from, they had to get so;ne authority to build. You can't deny that, Mr, Guiterrez; Well, we can assume that, Rev, Gibson; Well, you could answer that, YOU could answer because,= Mr, Guiterrez; Me personally, yeS, but them I couldn't answer. Rev. Gibsont Right, right, NOW, /It concetned about the contractor. I'tt concerned about All this Saturday doing, and Sunday doing. t think that we heed to let, Who oeid let the ward get out or go around, that as of note, nobody Wbo doesn't have a building permit better hot take that chance. Let the tell you for your benefit. "How long have you been iti this Cityt Mt, Guiterrett In this City,.. five years► Rev. Gibson: Okay, listen to this. I hate to preach to you but I onlyknow to tell you the truth. I could remember before 1024, people built any kind of way they wished. We had the hurricane in here, and I don't know slow many of you were here long enough to know what happened. I lived through that. Incidentally, sir tell you client I'tn a native, born and raised here, in heart of the ghetto, and I saw buildings after buildings go down. I saw people bunched up, and had to be buried like cattle, one of the reasons we have these laws is to tnake sure that that doesn't happen,and to tnake sure that there is proper building, that you put enough steel in there and all that other business I understand. I'm the guy talking about sympathy and mercy and love and all that. But you know what I learned when those hurricanes come, all the sympathy and all the love and the. understanding you have, will not stop that wind from knocking down that building. And all I'm saying to you is, you know, we ought to keep the law. Mr. Guiterrez: I agree with you, but in this case we are not even asking that. We are asking for a permit. The lady will apply for a permit to co.n lete this addition. Rev. Gibson: That is after the fact. You know how I feel, as much as I love you darling,.. . Plummer: Who did the construction? Mr.. Guiterrez: A nephew of'the lady who works Rev. Gibson: Well, he knows. . Plummer: Is he a contractor? Mr. Guiterrez: No, he is not a: contractor. in construction. Rev.:Gibson: J.L. but he also knows that he has to get a building permit. I don't -care who he works for. He knows that. Why 'didn't he get that building permit? Mrs. Gordon: He couldn't get a`building permit because he'd first --have to. have a variance in order to get a building permit, and this expidited the construction. Mr. Guiterrez: That's why we are here tonight." Mrs, Gordon: I remember, J,I., and I am sure you do too, how many times people catne to us after the fact when we sat the Zoning Board,,. Mr, Plummer: We weren't a Zoning Board, we were a Pardoning Board, Mrs. Gordon: ,.Tired Board,,,we took the stand then that we tired of being a Pardoning Board. We were going to be truly a Board that works out for a equal law for all people, not special laws for some people, 1r Plummer; Counselor, refresh my memory, I'm looking here now at the sketch, This is built.. Correct? Mr, Guiterrez. No, it is half built and let ine go a little bit further, plans by a pontraptor, licensed contractor, were presented to the Zoning Board, on this, 16 171 Mr. Plummer; Refresh m►y memory also it I'm not mistaken, the lastpresentation the problem relating to the utility shed was a volunteer that that would be removed.la that correct Mr. tuiterre2: That is correct. Mr, plummier; My nett question has to be to the building depart►ent, Mr. Williams. With the removal of the shed, is it possible to alleviate 1ather,and all of our coneerns, that this which is proposed, earl be brought up to the South Florida Building Code/ Mr. Williams; Yes, they submitted a plan with the application for a variance that meets the South Florida Building Code. Mr, Plummer: Por structural soundness? Williams: Yes. It looks,,,,, Mr. Plummer: It s very important. Mrs. Gordon: The point that is before us today is one where this Commission has to set a policy. Are we or are we not going to become like that proverbial zoning board, a pardon board? Are we going to say to some, yea, okay you did it, and whatever excuse you give us that appeal to our heart, we'll let you have it. Then to the next one who didn't tell us as good a story, no you can't have it. Ore are either going to have to be firm and we are not going to let anybody break the law, or we are going to let everybody break the law. Mayor Ferre: Wait, wait, let me ask a question. What have we done in the past, because I remember cases like this coming up and sorie we have and some we haven't. Mrs. Gordon: That's right. Mr. Plummer: Well, what I was going to say Mr. the case, let's remove the chance of appeal. Mr. Guiterrez: That's exactly what I was going to say. Then appeal means denial automatically. Then if a citizen doesn't have a right to come and appeal,.. Mr. Plummer: Mr. Mayor it is my opinion that the provision in the law or the right of this Commission to look at these things in equity, is the provision. Now, if there is no provision, and we are going to stick to law, if in fact that it, then let's remove' even the possibility of a hearing:. Just tear it down and be over with it. Now, one of these days, I'm catch one of these contractors and I'm going to put the sucker out of business. Now, I'm going to tell you that. I've been trying now for a long time. Mrs. Gordon: The City's becoming a laughingstock, J.L. because, I'm going to tell you that the attitude of the people out there who have been working on Friday nights, Saturdays and Sundays, is paid to try to get started late Friday night and finish by Monday morning or else, and this is the practice' that's going on all over town. You ask our enforcement division what they areup against,.. to see how they put onnew inspectors to work. on week ends.: We are going to have to start right now to work with them, not against them, What are we going to do? Let them go out and break their back and bring us in more violators, and they'll come before us and we will fine them. Rev, Gibson; Mr, Plummer; More or less Rev. Gibson; Mayor, if in fact that is Are you telling me that the law give them the right of appeal? Sure, Father. The law is there, May? They have acknowledged that they've broken the law, Counsel, how do we take out the right to appeal? 11 F r-� • Mr. luthfer: YOU take out the tight of a hearing in the first place, rev. Gibson: Look, either a than has built, or followed the law,. -he hasn't followed the law. What you are telling the is the fact that he has the right to appeal, is the possibility that he tould persuade Me tel let hits violate the law. I want to remove that, Mr, bavis: If I tray Mr. Gibson, the way our Charter handles this, and this in ehapter 62 of the Charter,it establishes the toning Board as a quasi-judicial body which can give a final decision on variances and conditional uses And in that same section of the.Code,(its not the Charter, its the Code), it also states that the applicant hat the right of appeal of those decision of the Zoning Board to the COMMission. The Code could be rewritten if you so wished, so that they would then have' to go directly to court froth the Zoning Board, if that is your wish.. Rev. Gibson: If a than builds and violates the Yaw, are you telling fie,-'. why should he appeal. Either you go by the law or don't build by the lac: Mr, Davis: Well, this is our judicial system I guess Commissioner Gibson, Mrs. Gordon: Well, I call to you attention my fellow Commissioners, the fact that tonight before us there are four applications that fall in this category of pardoning buildings that have been built without permits and without variance approval by the Zoning Board. Whichever way you decide to proceed, if you decide to proceed and pardon one, you had better be prepared to pardon four. For I'll tell you, if I was one of those four I'd go into court and say hey, look, where's the equity in this thing? Okay? Mr. Guiterrez: Counselor, I would like to say one word to answer Mrs. Gordon. Mrs. Gordon, I understand what you are saying and up to a point I agree with you, but then as Commissioner Plummer said before, then for what is established legal system for. This lady and any other citizen has the right to appeal the decision. That doesn't mean that she has the right to go to another body, who is going to deny again. Why we come here tonight is to show to you that maybe there are some reasons which were not presented before or were not understood properly before which made this case a little bit different from other cases. And we are not asking for pardon. We are asking for justice, which is a big difference. Mrs.:Gordon: Counselor, may I remind you since you are a counselor and :you know that the ordinance was written, and that variances must show a hardship connected with theproperty and not with the health of the individual who owns the property, nor the financial ability or economic condition of the individual. The only way that we can grant a variance is if there is a particular hardship connected to the property itself and no other. Now, if I'm wrong I'd like my Planning' Department, or one of the staff members to reiterate what is in the law, what is permissible for granting a variance, Mr Whipple: A variance needs to show a hardship usually in relation to the size, location, and shape of the property, which would deny them a reasonable use of the site. I, think without going into all six points, this is perhaps the major point and there is nothing that would restrict them from locating this extra room elsewhere, on the site in complete com- pliance with setbacks and other zoning requirements. The particular one that was started does not comply and therein lies the problem, Mrs, Gordon: True, they could then go and get a building permit and build a legal addition to the property, 4r. Guiterrez, Yes, they could tothat but then these people who have not the means and maybe that tight not have to be outs concern tonight* but it is, They may not have the means, and they do not have the means to tear down this structure which is half.built, will have to in an expense which they cannot. ttieet it order to that down this haif..buiit structure and build § the place else Mayor Perre: there we were last time vas that this little addition thith Was halfway built ott the existing residence, that your client was going. to tear down the existing utility shed,. Mr. Cuiterrei: That it Correct. Mayor Ferre:..on the preMiSe that she had built this without knowing. It was halfway up and the question was whether we were going to make her comply and have her tear this thing down, and she was trying to use the argument that she would tear down an existing utility shed if this net.{ addition were allowed. This would permit her to have her blind brother to live it this. The problem is this, as Mrs. Gordon pointed out, we have a concern for her blind brother but the regulations are the regulations. Now, we have on this Commission on four different occasions that I can recall, including the vote of Commissioner Gordon and Gibson `Voted, for the these things. The question is how far can we go? How.far can we continue. with letting garages become houses and etc. That's where this Commission torn. That's what the dilemma is. I think we discussed this fairly long so,.. Mrs. Gordon: I'mn ready to make a motion. Mayor Ferre:..let's wait till Plummer.gets here. Mr. Williams: You remember that the night of the initial, meeting, a member of the neighborhood representing some neighbors sited some other illegal construction that went in this premise before we caught theta on the weekend. He:got with me after, the meeting and he also gave me 6 other locations in a two -block radius, on 23rd Avenue and 3 of them were on 5th Street. And we investigated and we found that5 of the 6 were valid complaints. Mayor Ferre: Five of the six, --on this property? Mr Williams: No,no, in the neighborhood. Mayor Terre: So what you are saying is that this is going on all the time. The poor lady just happened to get caught. Mr. Williams: Here's what I confirmed. He made the statement that certain activities went on, and in checking the records of this apartment back to 1974 I found no permits for these things. There was a carport enclosed without permit. Behind itwas a FloridaRoom, a kind of, open area. It was enclosed without a permit. Along the back of the building was 6 ft, addition 'Without a permit, and the utility shed that you're speaking of is not a shed. This is a full-blown C.B.S. coded building. Sp there are 1,2,3,4,5 illegal constructions without permits. Mrs. Gordon:How many families are living in the residence? Mr, Guiterrez: One family, 6 sisters and one brother, It's all members of one family, its a:one-family residence. May I ask you a question sir' Are, you saying here tonight that this lady Constructed or built this addition without permits, or maybe somebody else before this lady applied? Mayor Ferre: NQ, no, he didn't say that, He said that other properties, You didn't listen. Mr, Williams: Well I did say that since1974 there has been no permits for 5 different spots of construction on the property, I didn't say who did it. - Mayor Ferro; l see, 1 stand corrected, Mr, cuiterrez; Which doesn't necessarily mean that she was the ; i Mrs, Gordon: Moo he didn't say she did it, he said there has been a Pattern established hues, which it1 my opinien needs to come tp a halt, I would uphold the MOVe to uphold the Zoning hoard, Mayor Perre: All right, there's a motion to uphold the Zoning hoard, Is 'there a second/ Rev, Gibson:t second it, Mrs, Gordon. And the Planning Department recommendation, Mayor Ferre: There's.a second Let's wait for Plummer, Plummer we ate going to need your vote. Mr, Plummer All right Mayor Ferret There's a motion to uphold the denial of the Zoning Board, and the Department's recommendation, Call the roll, Mr, Plummer: Under discussion, Mr. Mayor I do in fact have a soft spot in my heart. and I maybe feel differently if it were not for the fact that in tact they cat build this needed addition in another place, I assume the same cousin that built half of this, will have to take this half down and the same cousin will do the new structure, Once I found out that in fact it could be placed, --we are not denying them the right to provide for the blind cousin, or the blind brother, but they will have to it according to the law, and based upon that there is ample room to do it within the law, and my vote will be to uphold the denial. Mayer Ferre,before voting: Well, before voting, let me explain I guess 1 am d Dr. Spock baby or something. I happen to believe that by threatening in the law, I am just one of those people that believe that this is not the way to solve the problem. We have a problem, there is no question about it. I think, when we've seen it I guess in other areas like for example capital punishment,"that,(and I know that's an anti subject) but I just happen to be one of those people that doesn't believe in capital punishment because in tests and time after time, there just has been proof that capital punishment deters any body from killing anybody. And I think that these people trade an honest mistake and what they are going to have to do is tear down this little shed, or lean-to or whatever it is, which structurally sound, and re -build it after they've gone through the process of getting permit 3 ft. over, or 2 f t. over, or what -have -you. And you know what's going to happen? By the time they finish it there's going to be 10 other people that are going to violate the same thing, in that same block, and you are not going to catch, and they are going to go ahead and do it, and these people are going through that hardship. And;I just think that we've got to address ourselves to this problem differently.' Now, if we've been consistent in the past, if we had never voted for these variances, but.I recall in the last three years, at least in four cases, almfo. And we cn forost thoseeandcal notto voteis this.we vote.......MMaayberenoughiisoenougheandwwe'veae reached that point. I; would like, --I would hope, that this Commission would after this vote, perhaps pass a resolution instructing the Manager to see what other methods we are going to come up with. It might be a little bit more --not reasonable, because this is reasonable, --a little bit more effective, so that these things don't happen. I know we can't hire inspectors to go around riding shotgun night and day and on weekends, but we are going to have do to something to stop this, If I thought that this vote would in any ways deter somebody else from doing what this lady has done, I wouldn't hesitate a second. But I don't think its going to deter anybody, and I think we are just making this poor lady who has obviously, when she has 6 sisters and one blind brother living in this house, her condition can't be that they're that well off, So I have to vote no on that basis, That the *notion carries, of course, and you are going to have to tear down that thing. 20 1979 The fallowing Mtior yes i itraduaed by Ca iistioner Cardah, Who maVed it§ adoptian: MOTION NOs ` 9-75 A MOTION UPHOLDING THE RECOMMENDATIONS NDATIONS BOTH OP THE PLANNING DEPARTMENT AND 2ONtNO HOARD FOR DENIAL of VAktANCES TO PERMIT GONPLETION OE A FAMILY ROOM ADDITION AT 2265 NxWs 5TH STREET Upon being seconded by Commissioner Gibson , the motion was passed and adopted by the following Vote: AYES: Mrs. Gordon, Mrs Plummer and Rev, Gibson. NOES: Mayor'Fevre. ABSENT: Mr. Lacasa. Mayor Ferrel Before going on, I'd like to just pass a motion, or make a motion, J.L, that we instruct the Mananger, to come back to this Commission, to rethink the whole process. Mrs. Gordon: What process,' Maurice? Mayor Ferre: The process of people putting up room from Friday and going undetected, six violations in one block. Mrs. Gordon: But you know Mr. Mayor that they are now policing on weekends. 1 don't think we have to investigate any new procedures unless you are saying we have to bend the law and allow them to get away with it, which I don't think is what you mean. Mayor Ferre: No, of course not. Mrs. Gordon: So therefore, I think the law speaks for itself. Our department knows their duties and obligations and they are doing it, and I commend them for it. Bring them all in, and let's tear them all down. The word will get around. You can't get away with anything anymore at City Hall. City Hall Is going to hold firm, so they won't do it: They will come and get a permit. They'll come and get a variance. Okay? Mayor Ferre: Well, I find it difficult that allof a sudden we are going to vote this way when just a few months ago, we were voting differently. But that's all right. I guess that's the way things happen: My motion was to ask the Mananger to review the process and report back to the Commission if the administration figures a better way of doing this than what we are doing, which in my opinion is completely ineffective. And I so move. Mr. Plummer: Is there a second? Mr. Lacasa: Can I vote on this? Mayor Ferre: Sure. What I am saying Commissioner Lacasa is, that the laws that we have now, okay, and regulations that we have now, in my opinion' obviously are not effective, because everybody is just putting up rooms' any way they want. And I think that we have to find better ways of solving problems. There may not be any, Or maybe we have to hire more inspectors to go around on weekends and make sure that nobody is building without a permit, I don't what the answer is, but I'm asking the Manager to look into it and report back to us to find a better way, Mr, Lacasa; 1 second the motion, Mr, Plummer; We now have a second. Any further discussion? Call the ro11, to Monday 21 FED 1s Mts� r;ordon: Weider discussion With all due tespeets, the Mayor feels sympathetic to the applicant that just wao turned down, and l understand but, there is absolutely nothing that could be aeeompl.ished by the totihit on the table, ekeept to confuse the issue, and confuse all of the people who are getting away with what they should not be getting away with. S0 1'ti certainly going to Vote against the notion, i thine it serves no worthwhile purpose. Mr. Plummer: tinder discussion and rebuttal to Mrs. Gordon, I'll tell you. what can be accomplished, Set a tie law that states that n0 variahce tan be applied for until that which has been placed there is removed. That'll" do it. Mrs. Gordon: Then the motion should not be directed to the Mananger but to the department that deals with these things because they are the ones,.. Mayor. Ferret Who d you think,..,. Mrs. Gordon:...all right, you dealing: with the Manager but I don't need an opinion from the Manager, er if he g , personally feels that you .knot,+, we are being too hard on these people. Mayor Ferret The motion stands, because obviously I don't expect the Manager to do this himself. I'm sure he will consult with the Law Department and the various departments to come up with whatever recom- mendations, and they may come up With 10 recommendations in which we accept 3 or reject all of them, I don't know what they what they are going to come up with. Mr. Plummer: Mr. Davis is your department under the Manager? Mr. Davis: Yes, sir. Mr. Plummer: Thank you. Mrs. Gordon: Mr. Davis would not the one to move on a matter of that sort. I' am certain of that. The Planning Department or the enfocement division would be the ones now. I'd like to ask Mr. Williams at this moment in time. Would you stand please? Is there any additional action needed from the administration or from this Commission that would reinforce your authority to deal with those persons who are in violation of the law. Mr. Williams: Well we have some ideas and we are working on them. I'll touch on one of them, would increase the penalty that the Building Department could impose, Mrs. Gordon: All right. Mr. Williams:..for deferment, for work done without a permit. Mrs. Gordon: Mr. Mayor? Mayor Perre: Mrs, Gordon; All right, that's okay.Is that what you are referring to Of course that's what I'm referring to A11 right then we'll go along on that kind, of a thought, Mr, Plummer; Public flaunting, ..any further discussion? Ms, Joanne Holzhauser inaudible from audience, Mr, Plummer; I want to hear from Joanne, Mayor Ferre; This chair does not recognize you.i can be overruled, Mrs, Gordon; Two members of the Commission have asked, You are out of order, Mayor Ferro; All right, ¥ou make a motion to recognize her and rule me out of Prdar, 22 FED � 1479 Ms, Joanne Holzhauser: the even got by name right, tate 'Solthauset, 4217, Main Highway,,, Mr, Plu mer: I Want to tell you if you talk over b `econds We both are going to get beat up. Ms, Hoithstiser: 1 don't think the problem lies to much with the laws bn the books. 1 think the probletn 'tuns with the timeiag, and when people Who ate breaking the law'oatensibly out of the legal terms, I'tn sorry, but those whoare thought, to be breaking the law, what happens to them? Well, they get a notice, and they get another notice, and get another notice, and they drag their feet, in different departments, I've been down here a number of times lately. The Civic Club's been down last year on fatnour 1840 S+ Bayshore, By God, We'Ve got a list of stuff this big. What good does it do to have an enforcement department? What good does it do to go out and tell the people and then you give them a notice, and give them another notice? We had a place here in Coconut Grove that stayed open serving food for 2 or 3 months, --never could get it closed, Now if I went out and started stripping off my clothes at the corner of Main Highway and Commodore Plaza they would come and arrest me and they would put me, --oh J.L, don't look at me like that, Mr. Plummer: For what reason? Ms. Holzhauser -they would come and put me in the paddy wagon and haul the off to jail. Okay? They really would, Mr. Plummer: Mr. Manager, do you hear Joanne's comments? Mr. Grassier Yes, I heard it. Mrs. Gordon: I don't know whether you're blushing more than she Mr. Plummer: We shall have not stripping of property or other forms in the Code. Joanne you make a good point. Ms. Holzhauser: But really I've spoken to Mr. Williams about this and Mr. Williams tells me this is the problem. You give them notices, you give them notices, --if you send them a notice in the mail it takes 45 days for the Post Office to tell you they won't pick it up. In the tneantime you've got people operating things, we've got people in building, they are breaking the law. Okay? So that's where the problem is, is getting them in jail: Mr. Plummer: Further discussion. Mayor Ferrer Mr. Chairman I call the question. Mr. Plummer: Call the roll. Mrs. Gordon On roll call:I really intended to vote no but since Mr. Williams indicated that he would like us to give.him some more latitude as far as penalties might be concerned, with the enforcement, I will vote yes,' for that reason only, 23 1 The tollowiag t►otiot VAS itttteduced by Mayor Ferre , ttha Moved its adoption: MOTION NO. 79-76 A MOTION OP THE CITY COMMISSION DIRECT/NO fl CITY MANAGER To REVIEW THE PROBLEM OF CONSTRUCTION BEING DONE WITHOUT THE NECESSARY PERMITS AND To REPORT His FINDINGS To THE CITY COMMISSION WITH RECOMMENDATIONS AS TO POSS BLE REVISIONS OP Tat LAW IN AN EFFORT TO ENFORCE REGULARIONS IN A MORE EFFECTIVE WAY Upon being seconded by Cotnmissioner Lacasa , the motion was passed and adopted by the following voter AYES: Mrs. Gordon, Mr. Plummer, Mr. Lacasa NOES: Rev. Gibson. ABSENT: None. ABSTAINING: None. and Mayor I etre . DEFERRAL OF CONSIDERATION OF APPEAL BY MARIAN MORRIS OF ZONING BD.'S DENIAL OF VARIANCE FOR FRONT YARD SETBACK ON CARPORT ADDITION AT 1041 N.W. 30TH CT. -INSTRUCT ADMINISTRATION TO REVIEV ISSUE OF ILLEGAL BUILDING OF CARPORTS. Mayor Ferre: We are on item 4{4 now, appeal by Marian Morris, Planning Board's denial of variance for front yard setback on a carport. Here we go again.`This was deferred at the City Commission meeting of December 14. The Planning Department' recommended denial. The Zoning Board denied 7-0.. Are you the applicant? Good luck. Tell us your sad story. Mrs. Gordon: Would you like to hear the Ms. Marian Morris:. No. I won't be any October 23. I couldn't even talk. Mayor Ferre: Listen, we'll listen Mr. Davis: What's your story. Ms. Morris: I have a carport. Mayor Ferre: Oh, I see, Ms, Morris: I don't have a building. I did my building, finished in June, all legal. Mr. Glenning it was one of the nicest buildings he'd ever seen. We did it all through the City. We have permits.We had contractors. We decided ewanted a cp • have to use the work carport, I can't say awning. Ithought anawning wassomething you called an awning company for and they came out and they put it up. I didn't know that you had to have a permit for an awning, because an awning is not an awning. It is a structure. Just bear with me, I'm shaking. This is a picture of the awning. I am a native Floridian, I've lived here 38 years, 1 have been through all the hurricanes. 1. am aware of what can happen, 1 went to a hurricane awning company, told him what I wanted for a carport, It was built specially for that size, 1 did not know about the permit for an awning or a variance, 1 had never heard of a variance in my life, We had always done everything with the permits, with the oontr'actpr, This wasn't, The carpenter who worked for the contractor had 3 kids. He needed money, May, I'll hire you, You know what you are doing, He put it up with the help of the Juan who owned the awning company, The manager came out and inspected it twice at the end of completion, says yes it was put up correctly. There was DO problem, It was safe. One thing I want to bring put about the voting on Qctp'bcr 23 1 was a complete mess, next and then hear yours? less nervous. I was just as nervous awfully briefly then we'll,... f5 I was hurt that sotebody would report tte for doing something like this. I didn't understand it. the voting of the 7 people who against ire, Two pairs were mother and daughter, one roan admitted that he had never even seen the carport. He didn't know it Was there. The neighbor had tame down and told hit to vote against, He reversed his vote and voted for the in t►y petition. Most of ty Latin people did not understand. They were supposed to trail them back in, I even forgot to trail trine in. There was a problem With the voting it the first meeting. Not", i'11 just catch my breath. Just say I later learned that the awning was considered a structure. No structure may be erected in front of a 20 foot setback tin by property. I didn't even know what a setback was till they built the front porch on. That's the first time in my life I heard what a setback was, I wish the two people that tnostly involved in this action had come to me and told me that it was wrong. We didn't do it at tight, We didn't do it on Saturday and Sunday, The carpenter had a full time job. He came over and put it up during the day whenever he had two hours off even on his lunch hours, They waited for two months till it was completed to report me. It could have saved us an awful lot of heartaches and a lot of money. The citation came just prior to final securing of anchor -type things that you set into concrete and put guide wires that go across the top. This was approved. I called a structural engineer to cotne out but they wanted $150. but we just couldn't afford it. They couldn't make a' professional report without further. study but made a few minor suggestions and it "seemed" to be well constructed. I am submitting a diagram of the cover. The only difference is my panels are longwise rather than crosswise. My reasons for wanting this carport are so many and varied. Health, yes. I am diabetic, I have degenerative arthritis, knees and spine, hypertension, circulatory problems. That's why I had to get up and walk around. Keeping busy is the only answer, for me.My sister-in-law has lung cancer, which has spread to lymph nodes. She is a patient, she was not able to come again tonight. She is getting cobalt radiation treatments and her prognosis is terminal. The only purpose of going into these unhappy subjects is to show how much of a hardship it is without it. Out house faces west as does her window. We cannot afford airconditioning. She has a breathing problem and sometimes has to go outside at night. She can't sit in the open air. She has to sit in some kind of cover. We like to sit outside occasionally too. My aunt likes to sit out there and chat with the neighbors She's 80 years old. She'svery active. She goes out, her bus picks her up from the Jewish Home for the Aged, picks her 'up if it rains, she can stand in the carport. We cannot sit in our back yard. We are surrounded by 12'dogs. 'Talk about things going up over night I woke up one morning, the dogs had been fenced in is why they were barking all night long. Behind me are two great danes. The odor of the waste is absolutely unbearable. I have no sun at all because of large trees in the neighbor's yard my grass won't even grow back there. There are other reasons also. I've had contacts with blind organizations since 1969 since my uncle was a member. Transporations is a major problem for these people that are handicapped. I want to do ny part when I am needed. Other church groups, such as the handicapped pre- sents problems. Its trying to get a wheelchair into your trunk in a pouring down rain without a carport, Fit a walker or a crutch into a trunk. There are other considerations. People in a neighborhood who have new cars want to have a carport. There are 7,8,9 thousand dollar cars there. They want them protected. The elements ruin it. We are right in the air lane. My car. is a '74 and it is totally ruined. Such as it is with small boats. A lot of our people have small boats in there. They need carport protection too. Miami has changed and it is still changing. The needs and laws for our cities sometimes have to change to suit our needs. There's petition trying to be started now to ask for a change in variance for restrictions for carports. We hope it will pass or something will be solved by it. The people that I havet talked to, 67 of them, wantto work with the City to have a safe zoning approved and legal carport, If permits were made available to property owners, they could pay the City permit, have a carport approved for structure, beauty and styled to enhance the neighborhood, not to detract from it, This in turn could make extra revenue for our city. The existing carports, 62 of them in our area alone,could be up -graded, the City working with the voter to make it a we . .dressed city, Too many carports 1 agree are going up without construction as did mine, Not all of these people set out to break the law, The ones I spoke to, I'm bilingual, did not understand. about permits, People who ears enough to invest in .a carport, care enough to fwprove their homes, Most are working people in our neighborhood, Some are very elderly, It would be A hardship for all of them to have to tear it 25 dot4fi, Should there be a change in the Variance or in the existing law, regarding the carports, then the cost of taking them down ri W to rebuild later would costa stall fortune to us, perhaps a public notice annauncing a toratoriutn to bring a better understanding of this problem. Many of the people 1 spoke with have had carports for years. No one set out to break the law. Most like myself run a differentitnpression as to what an atoning, a car- port or patio cover means. Which raises another question, if a person adds a patio cover attached to the house, is this as safe a carport. If they are both the same material, same design, then would they be safe too? I called one of the leading department stores, and asked about the patio cover they advertise, about the permit, about the installation. The saleman said all I needed was $299,00 and sign the contract. He assured me no permit problem .. Also he said it met the hurricane requirements as does mine., Out neighbor- hood has taken on a new look these past 10 years. Douses ate nicer and entrances are lovely. Flowers and patios are all over the place 'nod,', whereas before we had little square boxes. Just a little fixing up helps. For so long. I vas unable to take anyrepairsy y y last few ears, little byyear little eachfyhave Intriedu to makesomekind of improvement. There's not much more else I can say. All I can ask you is to consider what's at stake here for me, my neighbors and the people affected by yout decision. There is a structural problem to me as where the carport can go, since I have no other place to put it. My lot is 60 by 120. There is 5 ft. clearance, whatever it is, lost oneach side. You can't get it back there. I can't get the car back there. I have record players to take to blind people, I carry books and orders when they want to order the records. The equipment is owned by the federal government, I have to be careful with this. I thank you for the time. It's made me very sad to have to air my private life. It involves so many other people. My helping the handicapped has been a private joy to me and I do not enjoy using it for personal gain, but it seems as if I've been forced to do so. Mayor Ferre: Thank you very much Ms. Morris. Ms, Morris: May I have some pictures, --I would like to show you. Mayor Ferre: Yes. Ms. Morris: This is a picture of my carport. This my back yard with all the shade and what I have to look forward to every day in the back yard. These are 62 carports in my 375 ft. radius. Here are 10 or 11 letters from my neighbors begging you to reconsider. And here is a letter from the State of, Florida Division of Blind Services asking please help out what you can. Thank you very much. Mayor Ferre: What's the will of the Commission? Mr. Plummer: Let me ask a question. Did I understand you to this was put by a contractor. Ms. Morris: No, sir it was put by his carpenter. Mr. Plummer: In otherwords, working for the contractor? Ms. Morris: No, I don't know because he did on his own time. I cannot give you an honest answer. He did it to earn extra money, Mr, Plummer; In other words this man was recommended to you by the contractor? 11$. Morris: They were the one who build my addition, yes. Mr. Plummer: Is this the Same person who told you for $299, is all you need? Ms, Morris: No, sir, that was leading department store which I felt Like 1 was in good hands and would be safe to call, and was told that about the contract, Mr, Flummorl contractor licensed? FEB 3 1979 Ms, Morris; Yes, he isMC re builders, Mt i Plummer: tncote Ms, Morris: Yes, sirr, Mayor ferret You haven't done them a favor, Mrs. Gordon: I have a question to the department, She has a batch of pictures here showing additional properties with carports. Cat you explain to me why there's so many properties that have these carports'? I assume its ih the same neighborhood. Can you explain that to me? Mr. Williams: Yes, because this is a popular use for the people in the City of Miami, Traditionally they put these up through the years. As we catch them we enforce them, and there such a tremendous amount of them that have been up through the years. It takes about four hours research to see whether they have they had a variance or there was permits, It is a problem. Mayor Ferre:'tiow about her neighbor. My God, that neighbor must be break:L..6 all kinds of laws. That's unreal. Is this your neighbor? Ms. Morris: But I can't complain about the dogs because one of the people who complained about my carport goes around stealing out of all of our yards. We need the dog. irs.Cordon: I want to ask the department a question Mr. Mayor, may I? Yids carport that she has apparently is attached at the roof line and most of the pictures that we are looking at that she supplied us with has four supports, two at the side closest to the building, and two. in the front, but not attached to the building. Does that make it legal? Mr.Williams: No, it doesn't make any difference. Mrs. Gordon: I just wondered about that because I don't know many of these have been brought in to us. I don't recall any of them. But that's the picture she is showing us. Ms Morris: The angle at the carport, is worth gold at the top, is what they do for patio covers which are granted permits. So mine would fall in the same category. People who have the patio covers,' their sideyards and backyards when they have the variance,... Mrs. Gordon: I understand Mr. Williams that what makes this carport an illegal structure is the two columns that are supporting it at the street line. PP g Mr.Williams: Yes, on the yard restrictions or setbacks on R-1,. Mrs.-Gordon:Yes, because it has a structure,.... Mr. Williams; This is a vertical support. Mrs. Gordon: That's what I'in talking about. Mr. William: It would have to be 20 ft. back to the base building line.. Mrs, Gordon; That's right, If there were a way that he could connect it to some structure to the house without the 2 font supports, you wouldn't have that problem, but nevertheless there is a problem because it is a violation of the laws, the ordinance, its here again. You have very let we say touchy story, 1 have sympathy with you as I did with the one before that, but I don't see how we can make an,,,,,,,, Ms, Morris;Po you have it in your power to grant a variance for a hardship ease, of location. That's the only place it could possibly go. A structural problem,.. -where else can I put it? I shouldn't ask that. 27 FLU �97, Y`� 'C Mr, Williams: i could suggest something, if she really Wants to Mayor Ferre: Yes Mr. Williatst The building has a setback to the right of this thing, its about the same area as the carport encotipasses. It's about 10 k 19. The carport is 10 x 20,,.if they move this carport to that area, and put some kind of driveway up'to it, you1Ve accomplished the same thing, it ornirht have to be a hew front door or something, but it would meet the setbacks it Would be legal, Ms. Morris: I thought about that. I have almost a 29 ft. setback from the other side. The carport is 10 ft. wide. Mrs. Gordon: Well apparently that is before us, but there tight be a solution. If you talk to Mr. Williams he might be able to assist you with relocating the structures. Ms. Morris: 0f course the driveways,. Mrs Gordon: I don't know, but I can't see how he could act any differently in this case than the preceeding;one. So I move to uphold the Zoning Board and the Planning Department. Mayor Ferre: There is a motion on the floor. Is there a second? Ms. Morris: May I ask one more question? Could there possibly,... you grant a time period to give us a chance to work on our petition to see if there could be a change in the variance laws? We've got so many signatures working now. Mrs. Gordon: I don't know what the implementation, Mr. Davis: The Building be enforced Mrs. Morris not, how lenient can be terms of enforcement on Department is pretty flexible on . I am sure, and Mr. Williams can in a period of time. How lenient this in case it were denied, Mr. Mr. Williams: How lenient? Mr. Davis: Yes, sir. Mr. Williams: how this might state this or can you be in Williams? If it is denied I am duty bound to go to court. Mayor Ferre: Wait, wait, one at a time Now which one of you wants to speak first? Mr. Lacasa: This is agreeable with you,...we have a previous motion here. What we suggested that some studies be conducted as to new procedures to deal with this kind of questions, and I can: understand, & sympathize with the predicament of this lady as well as I did with the previous one and we are going to have more. And maybe this is the right time and opportunity to take a deeper look at this situation that we have and I would suggest that we postpone this situation here. We give her a deferment on this and we wait until the studies are completed. ?ors, Gordon; I understand what you are trying to attempt to arrive at, however the Mayor's motion was not directed at making things more lenient but making things tougher for people to be able to violate the law, and this carport situation apparently, --I have no objections to deferring it to the next Zoning hearing which would be in March, which would then afford her whatever opportunity' she has for obtaining the signatures she is talking about. Dut that would be only for that particular purpose. If the Commission wishes to offer a motion to defer for that period of time, I go along with that, only fpr that purpose. 2. and Mr. Laea811: l will offer that Ma i n to &far and that till give you the opportunity tt rettedy our aituatioh► Ms► Morris'And how many signatures do l treed how to being it before here to see about ehanging the Vatidhte? Mr► tacasa: Whatever you could do from here to there. Its up to you. You can study your own situation. Mayor Terre: staff about. Mrs: Gordon: taking place this is just Mr. Fosmoen: know its is that we deal walls at the That is something you are going to have to talk to the We have 'tnotion on the floor, seeonded, ►►► Address the department please. I`ostnben, you hear what is here now and 1 would like froth you an expression of whether an exercise in futility of not, this deferment. I don't think its an exercise in futility Commissioner. You a very thick and a very cumbersome sometime zoning ordinance with. For example, you permit walls in the front yard. We permit property line,, of up to 6 ft, in height. Mrs. Gordon: You've clarified the point. Mr. Plummer: Let the ask a question. Mr. Fosmoen, the one thing that I think thatI have picked up in this evening conversation is that this problem relating to carports is a lot bigger than anybody to imagine. Mr.Fosmoen: It is a large problem. Mr. Plummer: By indication of mine, or observation. There's an awful lot of then out there that in fact are not quite legal. Mr. Fosmoen: Yes, sir and I just discussed that with Mr. Whipple. Let me make one,...good,...then I'll make a comment. Mr. Plummer: Wouldn't it be in order that the department look into this matter and report back to this Commission,' bringing the problem you just brought out about the wall, and that this lady be deferred until that is brought back to the Commission for review, and it is my understanding that. Mr. Williams does not enforce the law as long as there is pending litigation. Mr. Williams: As long as they: pursuing their adminstrative relief,'I don't, do not, and cannot prosecute because it would be thrown out by the Judge. Mr. Plummer: Okay. If a motion is in order, Mr.. Mayor, I would make a motion at this time, -that as,describedrhere this evening, the problem of relating to carports, both legal and illegal, be:studied by the department. That is motion No. 1. Mrs. Gordon: Wasn't there a motion to defer? Mr. Plummer; Motion No. 2 that this lady's item be deferred until such time as that review comes back to the Commission. No, the other one was bring it back in March, Mayor Ferre; Now we have a new motion. Now let me say where we've gone. Mr, Plumper; I'm sorry, I did not know there was a motion on the floor, Mayor Ferre; No, it didn't get a second, Mrs, Cordon; First of All I had a motion to uphold the,,,, Mayor Ferre; That didn{t get a second, Mrs. G.Qrdpa: has, it did. That did haws a second, EU 1 19n Mayor Perre:. I'ti entry: I stand corrected. Will the Clerk tell tne Who the seoond tat, Rev. Gibsont Sell, I don't know what the Clerk is going to tell you,but I Want to tell you I'gi going to seeotid that fiftieth to uphold. 86 that everybody*.. I'tn going the route. Mayor ferret `There's a tnotion acid a setoho to uphold. Mr, Plummet: Uphold the Planning toard7 Mayor Perre: Yes, And I, on dicussion I just want to eXPress y opinion that I will vote against that motion to uphold based On the premise that I hope. Commissioner:t'ttmmer will then snake his ti:otion and if he doesn't get a second am going to second it. Mr, Plummer: You are also assuming the other motion fails. Mayor Ferre , : you make the motion, Mr. Plummer: Call the roll. Mrs. Gordon on roll call: The motion to uphold is based upon the premise that if you permit transgressions of the law, and the law is now written as it is, takes place for one, then you must permit the same relief to all. who have transgressed the same way. So I have to vote with the motion. As. Eirai: Mr. Plummer? Mr. Plummer: No. Mr. Fosmoen: I wonder if we need a point of clarification on that motion sir, and that is if this motion is defeated to uphold the Board, does she then walk away with a variance? Mayor Ferre: It does. Mr. Plummer: No, it would then take another motion,.. Mayor Ferre: No, no. You see, the trouble is that we've gotten ourselves into a legislative legal jam here. Now, Plummer, if the maker of the motion. and seconder of the motion would permit, if they can say no andthen we have to continue voting, if we can regress, the only legal way for you to do this is to make a substitute motion. Yes, you can make a substitute motion on a motion. Then you have to vote on the substitute, and if that's defeated then you go back to the original motion, Mr. Plummer: I hate to question my honored and legalistic friend but your advice is worth all I paid for it. I think Mr. Mayor you will find that the customary procedure before this Board has always been that a motion which was made to uphold the Board, if it fails, then another motion is in order to overrule the Board. Mayor Ferre: No, sir, I am talking about in both the Mason's and Robert's there's always a procedure where a member of the body can :hake a substitute motion and if there is a second to that substitute motion, then the body votes on the substitute, and if the substitute is defeated you are back in the original motion, Now two years in the legislature taught me that, Tell. me that I am wrong, Mr, Knox, Mtr, Knox; I think you are talking about two different things, Mr, Plummer; That's right, Mr,K.nox; A substitute motion is a precedent motion that world be acted upon before the main motion. FE5 197 30 1 Mrs, Gordonf The thole thing revolves around the petition that is being cirdulated and 'then Mr. Williams it refers hack to your departttent as to implehefitation of the enforeemant. Now, you know, that's the erutc of the thing and thous what these Commissioners are trying to find a way to arrive at a solution. Mr. f'osmoen: but Gotnntissioner that petition that is being circulated would not be considered dh administrative reedy to her problem, Mr. Plutttner: No; not at all, Mrs. Gordon: There isn't any administrative remedy, Mr, Fosmoen: Mr, Williams said that as long as the issue is before this body;, he will not enforce the provisions of the ordinance, She is still pursuing an administrative relief. Rev. Gibson: May I ask a question? What would be the purpose o a petition? Mr. Plummer: There is none. Mr. Fosmoen The lady indicated that there is a petition being circulated to try and bring before I guess the Zoning Board, the whole question of carports, and their location and those kinds of,... Rev. Gibson: But Mr. Fosmoen, before us today is has violated the law, Has she or hasn't she? Mr. Fosmoen: In my opinion she has. Rev. Gibson: All right, she has violated the law. Her redress, therefore is either you are going to punish her for violating the law or not. Now, if in your neighborhood you do no like what we are insisting upon you to do, ard there's a petition, we then must change the law to give you relief. That's what that means. We cannot at this point, --we acted irresponsibly to fool around here talking about you are going to have a petition. What's that's that. The law is there. Now, if you want to petition tochange the law, I am with you, but I am not at thispoint in time going to yield to that kind of thing. So you know how I am going to vote. "I am, going to treat you just like I treated that other lady. They violated the law, --let me say this my brethren, one thing I learned in my life, --I had a roommate from: the. Virgin Islands and he had to teach me this in college, --a law that works for you today, will work against you tomorrow. Mayor Ferree I think we are in the middle of a roll call, I guess , and the last one to vote is Mr. Plummer, and then as I recall, Mr. Fosmoen made a statement to clarify what happened, and we kept on in this vein. Mr. Plummer, you still want to maintain your vote? Mr. Plummer: The motion then what happens? is to uphold the Zoning Board. If it fails 3 to Ms.Maer: I think you would Mr. Plummer: No wonder he Mayor Ferre: Mr, Plummer: Mayor Ferre: then need another motion. Exactly what I said, He cornea talking about the legislature-. is no longer in the legislature, What she is saying Mr. Mayor,,. Do I need you to give me all that,,',,, What she is saying, if this motion fails 3/2,.,,. 1 heard what she said, Mr, Plummer►..then another motions is in order, Mayor Ferr€, The point is that Mr,Fos,npen'a point speaking to, not mine, Mummer: That's tight. Okay. My Vo Mrs% Gordon: What's ybut vote Jett? Mt. PiUMMer: My vote is fibs Ms. Hirai: 'f;oti nissioner tacasa? Mr. Lacasat No. Ms. Hirai: ltev. Gibson? Rev. Gibson: Yes. Ms, Hirai: Mayor Perre? Mayor Jerre: I vote no. Mr. PIu:*uner: Now then either a new motion is it: order, ....correct? The Mono., this time is what I stated before, recognizing from staff and the enforcement division that this growing in a tremendous proportion in this City, that these areas teed review, that that review be done and that this item be deferred until that review is completed. Mayor Ferre: Is there a second? Mr. Lacasa: I second it. Mrs. Gordon: No where in your motion did you mention the word carport J.L. Do you include that? Mr. Plummer: Rose the reason I didn't is Mr. Fosmoen brought out another problem about walls in front up to the property line. Mrs. Gordon: No, he just made that as a simile for you to consider. Mr. Plummer: Well I sure did not want to preclude that. Mrs. Gordon: No, no, no. He wasn't talking about the walls being considered. Mr. Fosmoen: I wasn't talking about the walls in your problem Commissioner.. Mrs. Gordon: He's just making a simile to you so you might understand why he feels there might be some ordinance change. Mr. Plummer: If Fosmoen has no problem with it, I will insert the carport. Mayor Ferre: That's more a specific motion under discussion than what we had before. I hope you understand that that does not preclude the other study. Mr. Fosmoen, the type of thing that I am thinking of for example, we have the fire and police department that move around the City all the time, night and day, weekends and what -have -you. I don't know if this is possible, but if the police department were to, keep (inaudible) and see. construction going on, in the evening or Sunday, or something like that, they might just pick up a radio and make a report of it. I'm just thinking. out loud, Maybe it doesn't snake any sense, but it is the type of thing,,. I think if you catch these things as they are happening, you have a much better probability of enforcing them, and obviously, it patently obvious,. these things are just going on all the time, We are catching one and not catching fifty, Mr, Fosmoen. We have had as you know, inspectors out Qn the weekend, Mayor Ferro* An inspector can't cover the whole City, F He can't covet the whole City, but he does stop at each property e Mr, Qam9en: where he zees conetrcution and there's not a permit that is obvious, And what happens is that about Quo Put Q€ four frankly are illegal.. Mayor Fate: One out of fbut is illegal. Mt. toatoent They haven't put up their permit, or something like that Mayor,'etret That's the point, Here We ate punishing people, we ate catching one and three or four,... Mrs. Gtrdon:We are going to be here uitil midnight again Maurice. The follbulhg tnotion was introdU ed by Cothnissioner Pius met, 'who moved its adoption MOTION No. 79-77 A MOTION OF THE CITY COMMISSION INDICATING THAT ON ACCOUNT OP REPORTS RECEIVED FROM'STAFF AND FROM THE ENFORCEMENT DIVISION OP THE BUILDING AND ZONING INSPECTIONS DEPARTMENT, THE COMMISSION HAS BECOME AWARE OF THE GROWING PROBLEMS IN CONNECTION WITH CARPORTS BEING BUILT WITHOUT THE NECESSARY PERMITS; AND THERE, PORE FINDS IT NECESSARY TO INSTRUCT THE ADMINISTRATIOv TO MAKE A COMPLETE. REVIEW OF THIS SITUATION, DEFERRING THIS ITEM UNTIL SUCH REVIEW HAS BEEN MADE AND RECOMMEND- ATIONS HAVE BEEN PREPARED FOR THE COMMISSION'S CONSIDER- ATION Upon ,being seconded by Commissioner Lacasa , the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre. NOES: Mrs. Gordon and Rev. Gibson ABSENT: None. AB,TTAINING: None. DEFERRAL OF CONSIDERATION OF. APPEAL BY YOLANDA ALBO OF ZONING BD.'S DENIAL OF VARIANCE FOR REAR YARD SETBACK ON ADDITION TO REAR DWELLING UNIT AT 2722 N.W. 5TH STREET DEFERRED TO MARCH MEETING Mayor Ferre: We are on #5. Mrs. Albo. Mr. Elio Salas:My name is Elio 'Salas.`Mrs. Albo is sick at home and she asked me to come and ask for deferral, and that's what I'm doing• Mr. Plummer: Is anyone here objecting to Item 415? Since it affects Mr, Mayor I move for deferral. Mrs, Gordon: Is this a completed structure or in construction? Mr. Salas: No, it is a completed structure, Rev. Gibson: I want to make sure that,.., Mr, $alas; I cannot represent her, Rev, Gibson; Out of courtesy I want her to be here, I want to make sure she understands,,,,viplated that law, and I believe, wa have to meet it equally, justly, May, I'm going to defer, A motion to defer the matter to the March meeting was passed and adopted by a unanimous vote of the CPMMiss on, put (a) APPLICATION Ry ERNE -AT M RALPRYN, TRUBTE€, Pa A bNE YEAR RXTENSION OP VARIANCE POR YARIOgANt LOT COVERAGE ON PROPERTY AT 1428 RRICXELL AVENUE. (b) APPLICATION tit ERNEST M. tiAL%R'YN, TRUSTEE, POR ONE-YR. EXT. COND. UCH TO PERMIT_LR1VE IN TELLEi Mayo. Perre: toe ere oh item #160 an applieation by Er lest Haipryh, Trustee hot a oneayeat eRtension bf variance for yards and lot coverage Oh property at 1428 Brickell Avenue. Mr. Davis' Also on the R portion of #6 Mr. Mayor. Rev. Gibson: This gentleman here, No. 6. You already have the variance and you just touldn', t meet your requirements. Mrs.Gordon: He is asking for extension of time. The following resolution was introduced by Commissioner Gibson who toyed its adoption: RESOLUTION NO. 79=78 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI-2, SECTION 1(e), TO PERMIT DRIVE-IN TELLERS ON LOTS 3,4,5,6,7, AND N 1 OF LOT 8, BLOCK 99S, BRICKELL ADDITION AMENDED (B-113), BEING 1428 BRICKELL AVENUE AS PER PLANS ON FILE, THIS PETITION IS IN CONJUNCTION WITH VARIANCE PETITION FOR LOT COVERAGE, FRONT YARD AND SETBACKS FOR THE UNDERGROUND PARKING STUCTURE, FOR THE PRO- POSED ADDITION TO THE EXISTING STRUCTURE; ZONED R-CB (RESIDENTIAL OFFICE), GRANTED BY ZONING BOARD RESOLUTION NO. ZB 150-78 (Here follows body of resolution, omitted here and on file in the Office of the. City Clerk.) Upon being seconded by Commissioner Plummer, the resolution passed and adopted by the following vote AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Lacasa NOES: None. ABSENT:None. ABSTAINING: None. was Mayor Ferre. The following resolution was introduced by Commissioner Gibson moved its adoption: RESOLUTION Na. 79-79 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871', ARTICLE XI-2, SECTIONS 3(1)(h),'6 AND 9(3), TO PERMIT AN ADDITION TO THE EXISTING OFFICE :BUILDING (BRICKELL EXECUTIVE PLAZA), ON LOTS 3,4,5,6 7 AND N 1 OF LOT 8, BLOCK 99S; BRICKELL ADDITION'AMENDED W113) BEING 1428 BRICKELL AVENUE, AS PER PLANS ON FILE, WITH 25' FRONT YARD (30' REQUIRED), 25% LOT COVERAGE (23.14% PERMITTED), and 2,58' FRONT SETBACK (10' REQUIRED), AND 0.67' SIDE AND REAR SETBACKS (5' REQUIRED) FOR THE UNDERGROUND FARING .STRUCTURE. THIS APPLICATION IS IN CONJUNCTION WITH CONDITIONAL USE PETITION FOR DRIVE-IN TELLERS, ZONED R-CB (RESIDENTIAL OFFICE), GRANTED BY ZONING BOARD RESOLUTION NO, ZB 151-78, 34 Ft5 1979 (Here foilot3s body of resolution, oiiitted here and file itt the Office of the City Clerk,) Upon being seeot ded by 'COMMiseifter Piismtner , the resolution was passed And adopted by the foiiot3 tig vote- AYES: Rev. Gibson, Mrs, Gordon, Mr. Plummer, NOES: Notie, ABSENT: None, ABSTAINING: None. Mr, La -Casa, Mayor Ferre. APPLICATION BY THE SALVATION ARMY FOR A ONE-YEAR EXTENSION OF`CONDITIONAL USE TO PERMIT EXCESS OFF STREET PARKING AT 680=09 N.W. 4TH AVENUE. The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 79-80 A RESOLUTION GRANTItG A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1(6)(b), TO PERMIT CONSTRUCTION OF AN OPEN PARKING LOT ON LOTS 19 AND 20, BLOCK,6, GROVELAND PARK (6-91), BEING 6803-09 N.W. 4TH AVENUE, AS PER SITE PLAN ON FILE, PROVIDING 18 EXCESS OFF-STREET PARKING SPACES AS AN ACCESSORY TO THE SALVATION ARMY EDISON CENTER CORPS LOCATED AT 359 N.W. 67TH STREET; ZONED R-2'(TWO FAMILY) AND SUBJECT TO: (1) LANDSCAPING APPROVAL BY THE, PLANNING: DEPARTMENT (2) PARKING LOT IS TO BE USED ONLY FOR PARKING, AND (3) RECEIVING BOX IS TO BE REMOVED FROM NEIGHBORHOO, GRANTED BY ZONING BOARD RESOLUTION NO. ZB 144-78. (Here follows body of resolution, omitted here and file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon , the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer NOES; None, Mr. Lacasa, Mayor Ferre.. . APPLICATION BY KINGSWHARF LTD. FOR VACATION AND CLOSURE OF SKYLINE DRIVE AS PER TENTATIVE PLAT i101 "L' HERMITAGE" Mayor Fevre; Take up Item 8, application by Kingswharf Ltd, for vacation and closure of Skyline Dive, Mr, Davis; I wish to explain Mr, Mayor that this is in unimproved street which was platted and dedicated :many years ago, The ,closure has been recommended by the. Plat and Street Committee, Mayor Fevre. Anybody wish to speak to this as nn objector 35 Mrs f Gordon: I just want it cle Mt, tno Mayor 'Verret Yes , Mrs. Cordon, Mrs, Cordon: I live in the affected Should I abstain from this item? Mr, Knox: You need not abstain Mrs, interest, with the attorney, Mr Mayor or area My home is within the 75 ft, Gordon unless you have some financial Mrs. Gordon: I have no financial interest and I also have no objections. Mr. Plummer! Ate you related to the property? Mrs, Gordon: I am not related to the property or the applicant. Okay, I'll abstain just on principle. The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION N0, 79-81 A RESOLUTION OFFICIALLY VACATING AND CLOSING SKYLINE DRIVE AS PER TENTATIVE PLAT NO. 1031 "L'HERMITAGE'.. -(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa , the resolution was passed and adopted by.the following vote- AYES:-- Rev. Gibson, Mr. Plummer,Mr. Lacasa, NOES: None, ABSENT: None. ABSTAINING: Mrs. Gordon. Mayor Ferre. APPOINTMENT OF WELLINGTON ROLLE AS THE ALTERNATE MEMBER TO THE MIAMI ZONING BOARD. The following resolution was introduced by Commissioner Gibson moved its adoption: RESOLUTION N0. 79-82 A RESOLUTION APPOINTING WELLINGTON L. ROLLE AN ALTERNATE MEMBER OF -THE CITY OF MIAMI ZONING BOARD TO FILL NR.JOSE A, VILLALOBOS' UNEXPIRED TERM TERMINATING DECEMBER 31, 1980 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gordon , the resolution was passed and adopted by the following vote- AYES: Rev, Gibson, Mrs. Gordon, Mr,' Plummer, Mr. Lacasa and Mayor Fevre. NOES; None, ABUNT: None, ABSTAINING; None. 36 PARKING LOT REVIEW BOAR]) iNCRRAgR TO 7 MtMtER8 AMD, gRCI 34 g OR COOS. (Deferred earlier) Mayor Rerre; This is moved by Mrss Gotd%i and seconded by father Gibson ds 1 recall earlier today. (Mayor Ferre read the ordinance by title►);. Mrs. Gordon; The Manager has 3 staff people, aren't they? Mayor Ferrer Yes. Mr. Grassier Yes, the were staff members, --this was designed to be a group which would suggest for the City new regulations, and it does have staff members on it, Mrs, Gordon: I think we should insert the word staff members before the three, --or the word be inserted right there between 'threeand 'member`,, Mayor Ferrer All right,' with the insertion of the word 'staff' in between 'three' and 'members'. Is it moved then Rose? And seconded by Father Gibson? Mrs. Gordon: Yes. Mr, Plummer: Let me just ask this. Rose do we want to do that to preclude the possibility of him bringing in, serving in'his capacity, an expert in that field. We would'be precluding that. Mrs. Gordon: If he brought in an expert it could be termed staff, --that would be his staff, --a staff that he feels appropriate. I don't think. that the laymen's appointee of the members, that the Manager should be concerned with. Mayor Ferrer I think this is a valid and philosophical point. Mrs. Gordon: The laymen's appointee should be the Commission's appointment. Mayor Ferrer Further discussion? Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, AS AMENDED, SECTION 34-63 PARKING LOT REVIEW BOARD, BY DELETING SUBSECTION (a) IN ITS ENTIRETY AND SUBSTITUTING IN LIELY THEREOF A NEW SUBSECTION (a) ESTABLISHING A BOARD TO BE KNOWN AS THE PARKING LOT REVIEW BOARD CONSISTING OF SEVEN (7) MEMBERS INSTEAD OF (5) MEMBERS; PROVIDING FOR THE APPOINTMENT OF FOUR (4) MEMBERS BY THE CITY COMMISSION AND THREE (3) STAFF MEMBERS BY THE CITY MANAGER; ALL OF WHOM SHALL SERVE FOR AN INDEFINITE TERM; CONTAINING A REPEALER PROVISION AND A SEVER- ABILITY CLAUSE, Was introduced by Commissioner Gordon and seconded by Commissioner Gibson and passed on its first reading by title by the following vote AYES; Commissioner Rose Gordon Commissioner Armando Lacasa CQtiSSicner (Rev.) Theodore GibspD Vice -Mayor J, L, Plummer, Jr, Mayor Maurice A, Ferro 37 FEB1 p 11, bEFEtRAL OP CONSIDERATION OF POLLOWINd MATTERS it e JAMES Cs EOEERTEONt (a) APPLICATION POR VACATION/CLOSURE OP CLAM CT, AMU !AL MOt E ST,(TENT,PLAT #1O27,="JAMESToWN CENTER") (ti) APPEAL OF 2oNINC Btj' S DENIAL OF CONDITIONAL USE To PERMIT PPAVATE Ct NR 1V Abhl tIO i TO EXIS tINQ CLIMB kNOWN AS THE JAMESTOWN CLUB" (TEtNT.PLAT 1,1027.."JAHESTOWN CENTER`) (t) APPEAL OF ZONING BD'S bENIAL OF VAR, TO PERMIT STRtUCTURE. ON TENT. PLAT PP1O27 "JAMESTOWN CENTER" with a 1,9 FLOOR AREA RATIO. Mayor Ferret We are not. on Item lb (a), appliCatibn by James C. 1 obertson--okay, Mr • Rice Mr. Vosmoeht May We start off with the staff presentation and then Mr. Rice? Mayor Ferret You certainly may, I think that is a very good idea. What are we doing now? Mr. Richard Whipple: Mr. Mayor, and members of the Commission, Richard Whipple, current Planning Chief, Planning Department. Your item before you tonight as noted on your agenda is in three parts. The first, or. the first one that I would like to comment on is that regarding the. street closure of Clark Street and Del Monde Court. It should be noted that both the Planning Department and the Zoning Board recommended approval of this street closure. The existing Del Monde Court presently exist only as a driveway for a parking area that is presently serving the Jamestown Apartments, and the Clark Street is actually just a return from Del Monde onto Mary Street. We have no objections to this and recommend to the Commission that these streets be vacated. The second part of the application. is that for a conditional use of a private club. Its the applicant's intent to maintain the exsiting Jamestown Club that is in the Jamestown Apartment complex in its present form. In otherwords the building will be torn down around it but it will remain and be incorporated into their main structure. But they are by this petition requesting a second private club. The Planning Department recommended approval of this. The Zoning Board recommended denial. Our recommendation was based upon the fact that we felt that its location within the building, its location with respect to this site and the surrounding roadways and cirulation patterns and the fact that it provides adequate parking not only for the use but excess parking for the use and for the apartments that we did not find this proposal for a private club objectionable. The third item before you this evening is a variance, the Floor area ratio, --requesting a Floor area ratio of 1.90, 1.65 permitted. Handed out before you, as was discussed earlier, are the 6 major points contained in the Comprehensive Zoning. Ordinance relating to grant of variances and the criteria that should be considered and justify the granting of a variance. I would like to just quickly run through these because some of my responses will relate directly to some of these points. This is a sheet that I believe was handed out. A written petition for a variance as submitted demonstrating that,one,- a special condition circumstance exists which are peculiar to the land structure of building involved, which are not applicable to other land structures or buildings in the same zoning district. Two,- the special conditions and circumstances do not result in the actions of the applicant. Number three, literal interpretation of provisions of the zoning regulations would deprive the applicant ofrights commonly enjoyed by other properties in the same zoning district under the terms of these zoning regulations and would work unnecessary and,(should be undue), it says, under hardship on the applicant. Four, granting the variance requested will not confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, and structures in the same zoning district, Five, the variance if granted, is a minimum vaiance that will make possible the reasonable use of land, building and structure, Six, the grant of a variance will be in harmony with the general. intent and purpose of these zoning regulations, will not be injurious to the neighborhood or otherwise detrimental to the pudic welfare, PQcumenterY reports and etc should be submitted as part of the proceedings. 38 Mr, Whipple: The first point t would like t6 bring to the CoMMission's attention is that the requeet iteelf, it our opinion, indicate that there are no hardship that would teet any of the criteria that I've just read tc you. Very simply put, the ordinance permite a 1,65 floor area ratio, 1.5 with ah additional bonus for larger size unite and .yet they are re- questing 1,9. They are not being deprived of a reasonable use of their property, and they are trying to achieve mote than what the ordinance actually pernits. The City of Miami, through its zoning powers, which are delegated police powers, are bound over through the Zoning Otdinance to provide for the health, eafety, general welfare of the public, These regulations should be fairly adtinistered to, and equally applied' to properties throughout the City in accord with stands and uniform guidelines, The City of Miami Cotnprehensize Planning process establishes certain intensities of which various districts and various areas of the City should be developed. The zoning districts respond directly to these in- tensities of which the comprehensive plan is'suggested. In this particular case we are talking about an R-C zoning classification which establish an intensity in terms of floor area ratio of 1.54 This simply illustrates the other intensities in terms of floor area ratio that makes up the bulk of the residential districts in the City, starting out with a floor area ratio of .60 in the R-3 zoning district, a 1.0 in the R-4 zoning district, 1.5 in the R-C as I noted, and 2.0`in the R-5 zoning district. Mayor Ferre:Minimum,....I can't read the thing. Mr. Whipple: That's minimum dwelling unit size at maximum F.A.R. average gross square feet. The point I am speaking to now is the second and third colum, the actual zoning districts and their accompanying floor area ratios. This is a distinguishing factor, the main factor in our zoning districts.As you might note the 1.9 before you this evening is just short of that permit- ted in our most intense residential district,'R-5 with a 2.0:Getting back to the points with respect to variances, and the guidelines for such consideration, should be noted that properties immediately adjacent to the subject property, have been developed without any requested variances and floor area ratio of any other type. I refer directly to the Yacht Harbour Apartments which is build on a similar shaped and sized, piece of property. It has been developed, without variances and the property to the northeast of Coconut Grove Bank, although an older building, was likewise developed without any variances That is not to say there's been no variances granted in the area, but we suggest that variances that may be granted or not granted, are not a basis on which to judge the granting or not granting this particular request I'd like to take just a minute and talk a little bit more about floor area ratio. As I indicated floor area ratio is an intensity indicator, and this intensity developed through a comprehensive plan passed down into the zoning. Zoning provides for the protection of the man next door of a neighborhood, of the community, and likewise of the City. Knowing what property is zoned and what use it can be generally put to, we are able plan for services and the needs of the community. Unless we have a firm solid guideline, such as the zoning districts are, providing for a set intnsity, causes problems for all of these people, the man next door right on through to the City. We feel the floor area ratio for these reasons is very basic and; that the integrity of the purpose of floor area ratio should be maintained, Getting into just a couple of point regarding some of the microarguments involved with the subject petition, one of the questions raised at the hearing and, submitted on the part of the applicant was that regarding the number of dwelling units. They hasten to point y providingthan the maximum number of units that are permitted ine theI zoning.district. might hasten to add that we find no particular problem with this and we would note that the majority of apartment development within the City has built much less than. the maximumallowed by ordinance, Our comprehensive planning efforts leading to zoning have taken into account the deviations or the ranges of density that may occur within individual districts, The fact that less units is being provided is not necessarily germane to the request for the increase in the intensity of the development, Coming before you later this year, PT perhaps sooner than later this year, your will have a proposed new draft of a zoning ordinance for the City of Miami, As you may remember consultants have been working with this for a year or so on this, Mayor Fepre; A year? 3 F f i979 Ott. Whipple; Tried to be hied. Actually. it ties taken much longer. tt started even with the beginning of the tottprehentive putt, acid of afialytis of the ordinance which indicated that we had certain probie is and We ought to up -date our techniques and it was at that tithe that we enlisted the consuitatts and started rewriting the toning Ordinance, Taut the poitit I watt to take about this is that the key eletetit it this tiew orditiatite is Otte of; the tnost tiioderh, nets techniques of land use controls that is avail able and known at this time. It is tailed the L.ti.I.tt,S. Mayor t+erret What? Mr. 'Whipple: The Lul system. Land, Use, lntensity,kating System, Acid the backbond of the Land Use intensity system is floor area ratio. Once your intensity rating is established, you go to your floor area area ratio and then based upon your unit site, all other factors, -..open space, liv- ability area and things like that, it is then that your dumber of units that can be permitted can be deterininedi So my point is this, floor area ratio is important. It is a viable part of our ordinance now. It is a proper part. It is going to continue to be, if the new ordinance is adopted, have even more emphasis and more importance placed to it. It is for these reasons that we are recommending that you stick with the current regulations, the intensity of the R-C zoning district and deny the requested variance. Mr. Plummer: Mr. Whipple may I inquire,... Mr. Whipple: Yes, sir. Mr. Plummer: In reading the minutes of the Zoning Board hearing, I read in fact that there was a proposal of a bonus. That bonus as I recollect was to go from the 1.65 to 1. what? Mr. Whipple: The Zoning Board queried the department, that if the existing Zoning Ordinance limitation of the bonus that is presently allowed, and let's just take that for a minute, and that's the top part of the chart hc'-e, the Zoning Ordinance simply states at the present time that for each 50 sq. feet, about 700 sq. feet, --that the average apartment size is a bonus of .015 may be awarded. So following through, if you start with a basic floor area ratio of R-C which is 1.5, calculating on through with 1200 sq. feet, minus the 700 leaves us 500 in calculation. It allows a bonus and maximum, and it is establishing the ordinance as a maximum, is supposed to stop there, of .15 which brings us up to a 1.65 which in essence is the permitted floor area ratio for this development before you this evening., Mr. Plummer: Continue on down. Mr. Whipple: All right. The Zoning Board didn't a limit? The proposed development sq. feet. Going throughthe mathematical limitations,: the bonus would be .27 that would yield a 1.77 floor area ratio Mr. Plummer: Or .12 more? Mr. Whipple:Fine. Yes. Mr. Plummer: Well let me ask this question then. What is the position of the department, --it would seem that there is no incentive beyond the 1200 to make bigger units, Now that is pretty obvious, and this particular application is going 400 sq. feet beyond that calculation. Is it in fact a detriment to by beyond as far as bonuses are concerned? Mr, Whipple To go beyond that sign? asked what would_happen if we has an average unit size, of 1600. mechanics, forgetting about the permit-.27 under the basic 1,5 Mr,F.umrner: In other words, if he goes 1300, according to the formula, there would be no further bonus, Mx. Whipple; That .s eprxoet. 40 Mr. PlUMMerl So in fact isn't it a negativist, or are you saying that you feel the 1200 is sufficient. Itt other 'words) look, everybody today i think is of the opinion that you try to build bigger Aid More 1uxurieus,im»that is the demand. People are wanting to stove otit of their homes, and dove into oondiminiuls. A person uho is used tb a hone of 30000 sq. ft. would feel cramped in a stall condotitium, where if they had a large cohdotinitt, they would feel bore at ease. And I think the trend is to try to build snore luxurious. What ;you are saying to the is, you know, we will recognize up to 1200 but beyond that VS don't tare. Mr,Whipple:Well it becomes a question of a reasonable bonus and what the tnteht and purpose of the bonus is. Baste its tty opinion, the basic purpose and intent has been, as was involved when the bonus was put in, was to get Us off of a lower plane into a larger unit size, The question is then, bontiswise, how far should this go, and is it necessary to go farther? I would suggest to you that we have not found it particularly necessary, to go farther.We have apartments, --many apartments, as a Flatter of fact all of our apartments on Brickell I would say without a doubt, have average unit sizes that are beyong 1200 sq. ft, but that has not deterred there or caused a negative factor by which to deter development'. There should be a limit also itltnyopinion to allow the market and the economics and the design to take place. Just to build a large apartment per se may not necessarily be the right thing to do if the market and economic shift in a smaller apartment is what the needs are. I think the whole concept was to allow a bonus, additional floor area ratio based upon the changing concept with limitations and purposes. Mayor Ferre: Mr. Whipple I only have one question. I'd just like to know at the outset of this discussion, and then I hope we can hear Mr. Rice's presentation. Are there any other buildings in the Coconut Grove area along S. Bayshore Drive that have a floor area ratio in excess of 1.65? Unidentified: It is right in here. Mayer Ferre: Oh, I didn't see that. Mr.Whipple If you have that chart you will note that the two have, --one is Yacht Harbor, one is the Sailboat Bay. Mr. Plummer: That is not what he asked. What he asked was other units that built under the 1.65? Mr.Whipple: Under the 1.65?'I thought he said over. Mr. Plummer:No, under. Its academic. There was unit listed here, built under the 1.65. was there any Mr. Whipple: No, but we have not listed all development that has occured in Coconut Grove as far as the parking structures, sir. Mr. Plummer; That which is listed here,.is what I mean.. Mayor Ferre; On the right hand side I guess is permitted, and then the left hand side is what actually is built, Right? Mr. Plummer; Or proposed, The first one is Jamestown, proposed. Mayor Ferre; For example, the proposed Jametown is 1,9 and the allowable is 1.65, Office in the. Grove is, 1,82, the allowable was 1,5, The Coconut Grove Hotel, that Mr, Sokolsky is continually coming down here to tell us what to do and what not to do, it was 2,1 would you believe, and the allowable was 1,5, The Yacht Harbor is 1,71, Now, they came in with the allowable, I guess in those days our laws were different, Is they why they went up? Mr Whipple; No, sir, that again is a market, and economic choice in my opinion, Mayor Fer're: We are talking about floor area ratio, FEB . I Mr, Whipple: iple: That is correct, it is, Mayor Jerre: Hal taxi they get 1,71t3asn't it Enact the sate way/ Mr► Whipple' 4o, it is not ► If you will note iti the first tolut1tt, , , Mayon Fette: okay I got you, Mr, i nipple: , ► it is It-C and it taas C=2 ► Now its Cm2A but at the tithe it Was 0-2. And the same goes with Sailboat bay and you t-nay note that C-2 is a 2.0 floor area ratio, It-C is a 1.5 and youcalculate the numbers out and you come up with the permitted '1.71'or 78. Mr. Plummet: One more quick question. Mt. Whipple it is proposed in this. book which was giNten to us by the proponents that they could legally build under the floor area ratio 186 units, They are proposing to build 108 units. Is that a correct statement? Mr. Whipple: The ordinance establishes a fact that the maximum number of units that could be built on their site is 187, yes, whatever that number is. Plummer That is a correct statement? Mr. Waipple That is a correct statement: Now whether it could physically be :lone. Perhaps Mr. Dean would testify that it could. It does take quite a different step. Mr. 7'1um 14r: , I hope he will touch on I don't understand this at all,that co,.ud .el,ce 560 hotel rooms. Is that Mr. Whipple: I have not knowlege on to build hotels and motels, --rooms, floor area ratio it. They other point they make, ana. that permitted by law today, that they a correct statement? that figure. They would be permitted as long as they would stay within their Mr. Plummer: I just want to ascertain that this which I've been given to read is in fact correct or its not correct. That's why I have to ask you. Mr. Whipple: I can't answer it because I haven't computed seen it. I'm saying they could hotel, motel rooms staying floor area ratio and computed out that could be a correct Mr. Plummer: You say it is possible? Mr. Fosmoen: We haven't seen the document. Mr. Whipple The use is permitted, --the numbers we can't,... Mr.Jack Rice: We made that presentation at the last hearing before the Planning and Zoning Board in which we stated everything that's in that book. Mr, Plummer: Let me try to find it real quick like. Okay, it says here, 'The number of hotel rooms allowed on this site is only limited by the ability to park the cars required in the allowable floor area ratio, The proposed apartment project has parking for 300 cars, which translates. into 560 motel rooms, with an average room size, including services of 335 sq,ft.' Is that a correct statement' Mr, Whipple: I assume so, Mr, Plummer, I haven't calculated it out. it nor have with the number. Mt, Plummer Is it a reasonable statement, on its surface? Mr, Whipple: There's nothing wrong enept I can't prove the numbers, Mr, Plummer; That's what I want to #snow, Mr Plummer: 1 have ho further questions. Mayor Verret Okay, Mr, Rite, Mr, Jack Rite: Rather than answer right at the start Mr. Whi;1pe's statement, and which one of them is the L U 1 system which thi Gonimission hasn't even adopted yet,'I don't even know hot,} to answer that, because I don't know about it. Rut 1'4 just start from where we left Oft at the Planning and Zoning Board December 4. This property under con!,+;eration was purchased by tny, . , .by the way my name is Jack R. Rice ' Jr , a '+24 tv.W, 1st Street is my address, Miami, Plorida and:I represent Dr. James Robertson, Dr, Robertson purchased this property approd.ima kty 11 years ago, presently located on the entire "site 10 buildings. The building is the Jamestown Apartments and the rest are satellite bui,:lr: g on the site, rather small, stnall units, single family house-, a couple of four -unit apartment houses. At the time Dr. Robertson bought this property, the flood criteria provision in the ordinancewas not adopted, There was no flood criteria in the Grove. Since that time, in1974, and I'11give you a copy of the ordinance, the flood criteria was established along the _bar+front which now requires you to build on the ground floor 12 feet above sea level.This effectively prevents us from using the first floor for residential purposes. There are three items in our petition. The first was the street closure. These two streets are not streets in the way we generally recognize them under the Code, They, are more on the alley classification, 18 to 20 ft. wide, and the street closure is in Conjunction with the replat of the property, so when we, close Clark and Del Monde streets, we are going to give a strip of land along Mary Street which will provide for the widening of the roadway.. Clark and Del Monde Streets are substandard streets, have not, been paved and as the Planning Department stated just at the present time serve for parking', and have for years, the Jamestown Apartments. This was recommended by the Zoning Board and it was recommended by the Traffic Section of the County. There was no objections to the closing this from a gc-?errmental standpoint, and it would not interfere with traffic either on Bayshore Drive or on Mary Street. Now on,the private club, there's an existing Jamestown Club which will be the basement of the building when its completed. There's approximately 2200 sqft. in this club which Mr. James Dean' our architect,` will tellyouabout. In addition there is a club on the first floor which is one floor 'above South Bayshore Drive, because South Bayshore Drive entrance in that level is the basement of the building. This is really the second story of the building. We've' proposed 5,000 sq. ft. club that seats only 200 people.' Now, initially when we filed this petition there were approximately 14 objectors. Practically all of them lived in Yacht Harbor. Since the hearing however, some of the civic clubs came on to be heard and voice some objections to this project. But as far as the abutting property which you have to give notice to, there was only '2 objections. One was from Sailboat Bay who didn't object to the project or the street closure or the building, he objected to the private club because he operates the Mutiny which would be:a competitor. The other objector which, --could you put that drawing showing the objectors on the machine? The other objector which is above that green spot which I guess are people that approve the application, is the Country: Store.` Heobjected to it and of course he has a large restaurant and bar and both of, those_ other red areas are his parking lot, So its the Coconut Grove Bank, -...no; one else objected to the petition and we have,...I assume everything in green is in favor. Is that right Mr.Davis? Mr, Davis; Yes, Mr, Rice; So you can see, as far as the property owners practically everyone on favor of the prpiect,..at least they either sent in en application approving it or they didn't send anything in objecting it, However in Yacht Harbor, the people that own apartments, particularly OP the side where the new building Jamestown Center is to be constructed, we had 14 .objectors, Vow later on after we had the hearing, Phil Knight was AP attorney, well Known attorney, who also has an apartment there, came in and objected paying he represented approximately 4Q people. Now his primary objection with the clop;,,now yacht Harbor's people, I'm not saying all of them, there's sp'e of them here tonight, but the :tines that Phil Knight represents, at least that's _43 FED , 197 what he tolde personally, and he said at the last hearing, he says if you orange this elub idea a substantial number of them will thar,ge their hind, he gays at least BO permit. Mat ia according to the Minutes of becetnber 4 Well, after we had the hearing before the Planning and Zoning board, and i tight add whet it enure to the Planning and Zoning board they did propose a granting A Variat ce to tis of 1.861 riot 1. »». 'however, that did not Pass because they said tie would take no torteessions ► Well, we wern't in a position to make any concessions before the Platting and Zoning board, We felt that if we had to do anything that this is the place to do it, and secondly 'ihett 1 say that l am dealing prittarily faith a club because t.e didn't how td resolve the probiettt, however after the beeetnber 4, meeting, br, Robertson and Mr bean got together oh how they could resolve the club to still provide a viable busitess venture and not aggravate the people in 'yacht Harbor. Now the people in Yacht 1arbor are not complaining now of our club really. They are complaining of the Mutiny's Club in which they say at 3 or 4 o'clock itt the morning they stand under heath that lobby there and there's a bunch of people there that are loaded, cussing, taking noise, and arguing. You know how you do when you cote from a bar two-thirds loaded, you think you know everything, and they are probably espousing to all hours of the morning there, and 1 don't blame them► tut this is not the Mutiny. So what we had to do was come up with some solution. Orig nail', we had proposed to come into Jamestown Center, off of Mary Street, directly across the street from the entrance to Yacht Harbor, now we've changed that procedure and Mr, Dean will go into it in detail. Now the entrance is off of S. Bayshore Drive on the north side of the building, you come into the club underneath in the cellar, you get out of your car and you have your valet service. There is a lobby down there, and you either go into the club from downstairs in the cellar, either through a staircase or an elevator. Now this will take all the noise away from Tacbt Harbor. The fact that we have successfully operate a club which has ),ecn there for years and years, is the Jamestown. Club, which was downstairs. We had no objections at any of the hearings about the operation Qf chL Jamestown Club, Z guess primarily about it is on the north side of the building away from Yacht Harbor. Nobody said anything about the Jamestown.. Tney were worried about the second story one where they would come in and out on Mary Street directly opposite of Yacht Harbor and get all that noise. There is no entrance to the club from Mary Street. You can't even pull in on the Mary Street entrance and go to the club. You go to a security desk and there is no way to get through. You can't park your car. You don't go down to the garage. There is no way an independent person who doesn't reside in the building to come in there off of Mary Street. We have also not only put. a stair down there to service the club, we are placing an elevator. So we've made substantial change hoping that this will change some things. I assume it has changed some things, at least to objectors because there isn't nearly the people here tonight that there was at the last Planning and Zoning Meeting. Now by the way at the last meeting there were 22 pro and 22'against. Also this club will be sound proof, there's be no signs, there would be no way anybody would know this club was there except by membership. There'll be no dual membership. If you join the Jamestown Club, you are a member there, and you want to get up on the second floor to the exclusive 5,000 sq. ft. club upstairs, you have to have a separate membership. It is going to be an exclusive type club. It is not going to be for everybody off the street. It won't be some place you can come in there, and the vernacular say you are 'tanked up'. It is going to cater to the people that we hope are the similar type that live in the condominium. By the way the Planning Department recommended the Club. Now the next thing is the F.A.R. in which Mr. Whipple gave such a long talk. And by the way I think we've had more opposition on this than anybody I ever knew, that ever came in for the F.AB, building, that's going to build such a deluxe type structure as we intend to build in, And 1 say maybe with tongue in cheek because Mr, Whipple says well we should maybe try for 186 units, But I'm going to tell you S,Bayshore Drive don't want 186 units, YOU Can't build one there ].ice that because that's just too nice an area, You don't want a lot of people,--186 units times two and a half people per unit, gives you almost 500 people in that building, We don't want that. We want to put in larger units that'a going to cater tp the people that are looking for that type pf dwelling, Its going to run about ,PO dollars a sq, ft, So only these,,, mayor Terre: .Bight: dollars a square foot? 44 E Mt. kite: You've gat to remember that this one of the largest sites, its 2.6 sores, the only large site its the k.0 only one ramainirig, Now, there three things I'd like to say about this site. pint of all, when we bought the site it didn't -have the floor tritera and you could build en the ground level. Coconut Orove tank is built directly en the ground level. every building around us has ah t~.A.tt, greater that; what We have, and there's two buildings which i' ► going into in a tam te which use the same land in getting their P.A.R. figures, which l think puts. us to somewhat of a disadvantage. And every building around us has gotten a variance with the exception of one, and if they hadn't used the sate area in both plats, it probably would have had to had to get a variance and it is not a single solid tract like We have► None of the tracts are as large and as compact as ours. All the others are t shaped tracts which ate Clot usable to build the structure like we are building. Thirdly, its a question of what we have done for the City in order to build this building. First ofall we've given more parking than is required by the ordinance, We've given greater setbacks and we've gmore pspace. givenopenspace. We have a 9.5 lot coverage, when 14 is permitted, So we've given a considerable amount of open space. The one thing I'd like to say about this building is not matter whether we get the F.A.R. or not, will not change the height of the structure. The height of the structure is constant. The only thing, and Mr. Dean has a slide which he will go over when he presents the structure. In other words, allwe are talking about here is for F.A.R. is toincrease the size of the apartments and decrease the number of people within the, building. Now some people have density mixed up with people. This is not a density requirement involving people. The F.A.R. is a density requirement. In this case its keeping the apartments smaller. We want to enlarge them and we want the bonus of 1.90. Now, the setbacks by the way in this building will exceed that of Yacht Harbor or Sailboat Bay,and we are further away from Yacht Harbor than Yacht Harbor is from Sailboat Bay. Now, there was two plats filed. When the first one was filed, when Sailboat Bay was built, and Mr. Davis I have these,...by the way, I would also for the record like to say, that al]. the exhibits that I presented to the Planning and Zoning Board, I woul like to be considered as exhibits at this hearing because of now the change in the rules of civil procedure, or our Appellate procedure.' Do you have those plats still? Mr. Davis: Yes. Mr. Rice: And I also put in evidence some letters in which people said they did not object to this which were living within the area, and I also introduce into evidence for resolutions and other matters and the Minutes I would like to have as part of the evindence of this hearing today, or tonight before the Commission. Mr. Davis: Then the files of your reference, Mr. Rice: Will they be part of the evidence? Mr. Davis: Yes, sir. Mr. Rice: Now, in addition to that, I would like to obtain from Mr, Dean' a copy of his architectural,,..this is a site analysis and design concept of the Jamestown Condominium Apartments prepared by James Dean and it involves this property and I'd like to introduce this into evidence, My problem is,who do you introduce it to? Will you mark it and I'll give it to Mr, Davis. You can mark it as Exhibit"A"I guess. I understand Mr, Davis is a repository of all documents, Mayor Ferre: All knowledge, Mr. Rice; And all knowledge, Okay, Now, I have both of these plats in evidence. Well when Sailboat Bay was platted you will notice that its an L shaped piece of property, Also up in the top of the plat, and this is plat of Sailboat Pay Sub, book 84, page $Q, on the top is like a finger which is an alley, and this actually is the roadway to the parking lot and is platted AA part of this Sailboat Day, This is also an easement that's required to be kept open, When they Matted Yacht Harbor, they got the same easet'nent and same road and they platted over the roadway. Now these people go into Sailboat bay over this roadway arid both of the took credit for this particular atea. By the way, 1 at not against Sailboat bay. 1 thank it is a beautiful building and 1 at hot against Yacht 'Harbor, but I at saying that they've been treated somewhat differently than what they are treating us, and I have already made these a part of the record. And Mr. Mean will make further comment concerning them in his presentation. I have also have in this booklet a picture of the Coconut Grove'area where Jamestown Center is to be 'constrticted. NOW, first of all the Sailboat Bay and Yacht Harbor that have actually platted the same latid, but there's no indication that this was considered in their F.A.11. Sailboat Bay has a 1.78 Floor Area Ratio which is way above 1,65, and I'll agtee that it has an 2.0. But in that L shaped place they also put a parking garage benefit of L shape that goes into C-2 I believe and that give them the ben and then the parking garage they got a variance. So they are using this building and they've gotten the variance even though they say it is only 1.78, but they've got a variance to put the parking garage there. In Yacht Harbor, they have 1,71. Well, the L shaped part of 'Yacht harbor that goes over to MacParlane,is no1.' used by Sailboat Bay in part for the parking lot for the Club, and also it includes that street which really was platted in Sailboat Bay plat and, thirdly they could not have built on the L shaped part of the lot. In other words its not like our piece of property where we have one contiguous piece which could be built on whatever way we want, Yacht Harbor could not do that in the way it was platted. Now the Coconut Grove Hotel which you stated before has variances for just about everything you can think of. Its a 2.0, 1.5 permitted. Mayor Ferrel I was there. I was the deciding vote. You weren't here. You were on the Zoning Board. Mrs. Gordon: I voted against it too, but Maurice, weren't you on the Commission then? You voted for it? Mayor Ferre: I was the swing vote. I guess I wasn't the deciding vote. I wasn't the last one to vote. Steve Clark I guess was the last. Mr. Rice: They have street sideyard at 9' 6", 21' required, interior sideyard at 9.6, 30.5 ft. required, a side street tower at 33', 35' required. Interior. side tower 33 ft. 85' required, Floor area ratio 2.0, 1.5 permitted, accessory parking structure, lot coverage 50%, 35 permitted. Now the reason I am going into this is because the Planning Department says we don't have any hardship. Well, one of the harsphips is, which is setforth in the ordinance, is that they,... literal interpretation provision of the Zoning regulations would deprive the applicants of rights commonly enjoyed by other property in the same zoning area. Now, I'm saying that every building, all up and down South Bayshore Drive that has been constructed, starting with Sailboat Bay then going into Yacht Harbor, all have a Floor area ratio greater than ours. when you get to the Coconut. Grove Bank they built their bank before they had the 12''criteria on flood tide, so they were able to use the bottom floor which now they would not be able to use, and the 8 story office building, which is Office in the Grove, they had the following variance: over two stories and basement parking with parking structure a height of 14 ft,,1.2 ft. Permitted. With parking structure and tower combined, coverage of 40.5 percent, 35 percent permitted, with tower lot coverage of 23 percent, 19 permitted, with a floor area ratio of 1.82, 1.5 permitted, In other words they were entitled to no bonuses. Their parking structure north east setback of 20 ft., 29 required. On lots 20, 21, 45 through 58 and portions of lots 18, 19, 43, and 44 Block 41,. ete, subject to certain dedications. In other words, what I'in saying is* that the whole area here has had benefits that the Planning and Zoning Board now want to deprive my client. Now, also in Yacht Harbor, they'll tell You that there is not Club in Yacht Harbor, Well the people that built Yacht Harbor now have built the Mayfair. Ry the way, the Mayfair has, I believe 5 clubs,- 5 restaurants,..., Mayor Ferro; Five restaurants, Mr, Rica;,at least one private club, and they have two below street parkin$ levels and have an atrium the sam as we have in our building, Now one of the things in .our's and Yacht Harbor, and Jamestown is that .approximately 25% of the residents will be butof..state, outm,ofiLtorn off outofv&cottntffy And practically all tines there'll be a 25% Vacancy factor because of the very nature of the people that deal who live ifs condaiihiuf. it is prevelant in yacht Harbor and is ptevelant in large expensive condo= fniniutt because it is generally a home away from home, either a winter hate or a sumer home, So even if we obtained our variance, we would have less people ifi here than the F►A,R, of -1.§O would contemplate, because we would have,25 fewer units, And Mr, bean will take that into Consideration. NOW one of the main reasons why we've had to do this, or build this apartment, condominium, is the taxes in this building, fit this site, where Dr. Robertson presently Operates Jamestown Apartments, have gone up approxitiately 75% and this wasn't Caused by Dr. Robertson, It was caused by Yacht Harbor, Sailboat Bay, Office in the Grove, who have caused an inflation of the property values, In addition, Jamestown is older building. It needs to be replaced. Thirdly,it has an operating deficit of $540,000 a year and you just cannot continue operating a building such as this, In fact when we tear down the Jamestown, we will have either approximately the same or somewhat fewer apartments than is presently in existence there, By the way the vacancy factor of Jamestown runs approxitnately 40%, so that's a rather high loss for Dr. Robertson. The cost of the property does not permit an inexpensive structure to be placed upon this land. The value of the land itself excluding the building is 3.5 million dollars. At this time I'd like to have Dr, Robertson just say a word. Dr. James Robertson, the applicant stated he has owned the property for approximately'10 years, and in that time taxes and assessments have increased to the point he must develop it or lose it. Mr. Doug Wilds, a real estate economist at 9200 S. Dadeland Boulevard stated it was necessary to provide the right building for the lender to finance, He felt the Floor area ratio would allow probably 186 units but they would be 1200 sq. ft. per unit and this would not be the proper utilization. He stated the private clubs have been compatible with con- dominium developments in this area. Mr. Rice: I might add that the land cost per unit was approximately $35,000, He asked why we want to:put a club: on that floor is that in Mr. Dean's studies and. Dr. Robertson's studies, that this is the pool area, pedestrian area, you drive-in in this area,it's just not conducive to residents. It isn't a place really that you'can rent residents readily to, because they don't want to live amongst all this traffic and that's what they'd be living in, in:a traffic area. So that's the reason wh, we. put -a real estate office and the club on the first floor. 0ne other thing about Yacht Harbor, in which I am sure Mr. Dean will cover, is that Yacht Harbor Apartments have fins in them, where a person in one apartment can't look back. And when I say fins, I mean fins on the porches, on every apartment, which also obstructs your view backwards, Their view is not total from these apartments, These fins do prevent, --and Mr. Dean has a site plan on that. Thirdlythat when we have a lovely, a luxurious apart - tent here, it is certainly going to be better than looking down,on-that conglomerate of dwellings and parking, of which is now where the Jamestown site is, and by, the way,, -they still have to look down on the parking at the Coconut Grove Bank. At this time I'd like Mr. Dean to make his presentation. Mr, James Dean: Mr. Mayor, and members of the Commission, I at James Dean, the architect and planner for this project, I am going to use'as kind of an outline the document that was presented to you. I prepared'my presentation both in placards and in slides, and'I at going ask my associate Larry here to put up the placards that are elearer on the screen. It seems to be a better way to make a presentation because at our Planning Tigard hearing we had some diffieu1tiea with aPdfence seeing the documents,so I think it fs fairer in that respect., Some of It I am going to skip very rapidly because Mr, Rice hap discussed it very thoroughly but I Will aa1I attention to the doCutent and the number pf the dpcutnept because each of these we Would also Irks to present Into the record this evening, A slide presentation fellows. FEE. Mrs, Gordon inquired about the ttees it the uttdet*gt}ound packing area, the trees going through opening to top level Mayor `erre: You know ih Venemuela they are doing that, and the atnating part We Were asked why that was being donee People who catte through With that ate frotYi Kansas City acid evidently all over the country nota, the Newest thing its parking structures it on parking decks is that they snake certain breaks evety so often attd put ttees through, and evidently psychologically chologically for parking structures, it's the thine, Mr. Plummer stated the City had approved a parking structure sitnilar to this on°Brickell Avenue, that exists today with the trees growing up through the parking lots Mayor Ferret Mt = Rice, do you want to line it up?: Mr. Rice: I think the pie shaped lot is very important, as shown on the plat of the entire site, which requires us to move the building up toward Bayshore Drive to utilize the land properly. I would als0 make the comment that oulde conclusion of Ceeandalintroduceif we are intogto conclude evidence each one I would like to introduce wouldof these drawings and each one of these slides that was discussed by Mr. Dean, but I don't want to do it now, until after,...if you will permit the to reserve that right. Mayor Ferre Thank you. Opponents, who wish to be heard this evening. Would you raise you hands those that are opponents that wish to be heard. All right line up. What do you think you need? Three minutes? Five? We have one who needs 5. Let's limit them to 5 minutes. Mr. Rice you've taken close to an hour so they are certainly entitled to that. Go ahead. Mr. Bill Hoppe, vice-president of Yacht Harbor Condominium Association and we represent 144 owners in the condominium. We are the folks who are there without any variances and I am sorry about the 7 variances at Sailboat Bay and I am, glad you all voted against it, but that's still not us. We had a lot of people here, and there was an awful lot of people at the other meeting, but remember this thing was supposed to start at 4 o'clock, and we still have a lot of folks here who wish to speak. Let me just give you some background and we've seen almost all of these drawings before there was even a first meeting with the Zoning Board, we met with Mr. Dean and Mr. Rice and Dr. Robertson. We spent two hours going over everything with them. They then went to the Zoning Board The Zoning Board asked them to come back and meet with us, and they came back and met with us for another hour. We then formed a committee which was headed by Mr. Knight. Mr. Rice: I have other witnesses that I'd like to put on. I'll put them on later. Mayor Ferre: I am going to try tn,...try to keep everybody down. Mr, Bill Hoppe; Okay, at that point Mr. Knight and his Committee met with them at length. Mr. Knight had 40 proxies which he gave, to the Zoning Board and we spoke at the Zoning Board meeting. That Zoning Board ladies and gentlemen voted to turn down as far as both the Club and far as the variance as far as the space is concerned, The only thing I want to say with regard to the Street is that I disagree with your learned counsel, that you have a right to close that street because it connects with two other streets. I think that is different than a dead end street, the Hermitage, that we were talking about earlier in the evening. I think you have a legal problem closing those streets that are connecting Mary Street to Bayshore Drive, But that's an argument that I have to take with her and pot with you tonight, h regard to the other problem, the second club is going toe have 200,cbut the a first club, and if youll look at the Jamestown, its a v_r'yale. h ut that cub is going to be expanded. And we are dealing with, --where people going to park? And am going to say this personally, that I do appreciate. them changing the parking Po that people oan park underneath, and we can stop 48 FEE 197 sore of the valet parking problems that we have. tut there's still going to be tremendous parking problems. if you've a Zoo=elub and you've 4 or 6 hundred in the other elub, that Una that you ate going to be dealing with MO ears a Might that they've got to park somewhere, and they've got to have valets running, and they've got to have that whole problem. And that is the main problem that we are having and out main objection as fat as this thing is soheerhed► The other thing l just went to tell you is at the Boning board meetingthere Was a little old lady school teacher who said I don't take a lot of money and l now live at Jamestown and l may be against this because there's not many places` for people who can't afford a hundred and two hundred thousand dollars places to live., but at any rate,' thy real job here tonight is speaking as the Vice president of the Condominium Association, is to tell you that our board of directors has spent hours and hours on this and we have voted unanimously again representing 144 owners, your neighbors. We voted unanimously after hours and hours of study that we are opposed to the variance for the space, we ate opposed to the variance as far as the club is concerned, and we are also opposed to the closing of the streets. Thank you. Mayor Terre: Let the ask you a question, or maybe Mr. Rice. ' How mane parking spaces will this building have? Mr.James Dean:Three hundred Mr. Plummer: What is required? Mr. Dean: Required, 286. Total parking required for the two clubs, the real estate management office, Mayor Ferret 286,... lir.,Dean: ....286, and we are providing 300. We are providing in excess of that required. Mr. Plummer: Well, let me break it down further than that. What is required. for the units, for the resident? Mayor Ferre: We'll comeback to that. We'll hear the next speaker and then in between speakers he'll answer. Okay? Mr Plummer: But I've got other questions of this speaker. Mayor Ferre: Go ahead. Mr. Plummer: Mr. Hoppe, two points. A contention made by Mr. Dean, do you disagree that in fact that Yacht Harbor did apply under certain, given conditions and later siphoned off part of that property and leased it to Sailboat Bay? Mr. Hoppe: I can't answer you directly Commissioner as far as the amount of parking spaces. We do rent certain parking spaces to the Mutiny. The reason we do that is because the Mutiny needs it because of their two clubs, and we are going to be faced with the same problem here. I don't have an answer to that, I 'm sorry. Mr. Plummer: Well, Mr. Whipple can you answer that, Was that in fact done? Mr, Whipple: I'm sorry I didn't get the initial question. Mr, Plummer,Mr, Dean made a statement that said that when Yacht Harbor applied for whatever they applied, that they incorporated a piece of property running along Grand, that subsequent to their building being completed, they, have siphoned that off and renting that now to Sailboat bay. Is that in fact,., Mr. Hoppe; I have not knowledge of that, Mr, Plummer; Mr, Williams says yes, Mr, Peen; Yes, we are leasing it, but we are leasing that area to the Mutiny, We still have enPugh existing parking to Peet the Coder 49 FEB 1 1979 Mr, Plummer: i didn't disagree with that sir, tut normally it is teed tett ih the tetra of open space, which is do longer open Spade for your Use, it is ttotM been leased, Mt. bean: No, sit, we have a lease agteemeht, but to also ttse it to park our automobiles, We use the Mutiny's valet parking and our people eat use it and we have a fitst=dome..fit?et,,settee with the Mutiny, they use whatever is left, In other words the Mutiny valet peo ns,y,,the Mutiny attd theit parking people holds a lease from its but,.,, Mr. Plummer: It's hot under your controls Mr, bean: it is it the fact that they have to park Out guest cats before they can dark their guest cats. Mr. Plummer: Second question, bid I understand, so that I don't misunder- stand that really and truthfully your objection is to the second club? Mr. Hoppe: You do misunderstand because it is the objection to the noise that is created by, be it one club or two clubs. The present club is a vcry, very small club. They are going to enlarge that club extensively plus a second club. The Jamestown Club tow doesn't have 50 people in there a night. Mr. Plummer: Let me ask my question in reverse to try to get to the bottom answers. Is it my understanding that the people of Yacht Harbor who you are speaking for, have no objection to the building as proposed? '.. Hoppe:That isincorrect because of the site, because of the view of the part of the residents of Yacht Harbor, Mr. Plummer: In other words they do object to a blockage of their view. Its academic, because they can build a building I think of 18 floors and we are only speaking of a difference of one floor. How high is Yacht Harbor? Inaudible. Mr. Plummer Is 170 ft. what you can legally build Mr. Dean? Mr.. Dean• There is no height limitation in the R-C district. The height is a function of the setback. I suspect I could build a 25 story building there if I didn't want` to build a building approximately 70 ft.'wide.. Mayor Ferre Mr. Hoppe let me ask you this. You keep saying about Are you part of the ownership of the building? Mr. Hoppe: No, sir. I own my condominium, yes, sir. Mayor Ferre; You own your condominium, so when you say 'we' you mean the Association? Mr. Hoppe: The Condominium Association. Okay? Mr, Plummer: Mr. Dean, in this same questioning as to Mr. Hoppe, what is the present seating capacity of Jamestown? Dr. Robertson; About 82, Mr, Plummer; Is there at the present time, --Mr, Hoppe, you made a statement and you made it fast and l misunderstood you, We understand that the second club, the private club, will be seating for 200,' Mr, Heppe;Asls them how much they plan to get seating in the present club, Mr. Plummer; In the Jamestown? All right, Mr, Peen, what is proposed for the present Jamestown? FEB 197 br. kobertsott: This is a copy of the document that we presetrted with our application and it also AhAWets your first question Oh hots mazy cars Ate we parking. It lists the existing private club as 2,250 tel. it. We plan no estpattsioh Of that club. None. Our second club will have,., Mr, Plummer; ' Pccuse Me, ttow stop. Mr. Whipple if there is to be iti the future an expansion of that original club, would that be required to cote back before this Ootiti,ission? Mr. Whipple: If the resolution is Worded to the effect of plans ott file, it would be basically tied to the square footage As they ate setting forth for you, that in experience of the past where it bias not granted, for a specific size, of plans on file, and therefore 'tie could not stop him from expanding. Mr. Plummer; But in other words, if they expanded the square footage as it presently exists, they would have to come back here? Mr, hippie: If w,? tie that to the conditional use grant, yes. Mr. Lan: The second club will be a club of 5,000 sq. ft, and when you speak o;:restaurants or clubs you end up with about 50% of two-thirds of that space being the usable seating area, So we are really talking about a seating area in the second club of maybe 3,000 sq. ft. and at 3,000'sq. ft. and 15 sq. ft. per person, that's a very tight dining solution. We won't get more than 200 people in there, and the fire Depart- nett itself as you posts the capacity of room, so I submit to you that we i-ia've 80 seats in the present Jamestown and 2,000,....could I answer a qu,e tion about the parking? Okay, 189 spaces for the 108 units, 23 spaces for the existing club, 50 spaces for the new club, 4 for the real estate management office, I told you 286 required, --we only require. 266, we are providing 300, that's an excess in parking of 34 Mr. Walter Allison representing the Biscayne Bay Assocaition spoke concering the problem of traffic when Mayfair opens in another month, and in opposition to proposed variances. He inquired if Dr. Robertson in effect did own all the land. .Mayor Ferre: Would you answer that question Mr. Rice? Mr. Rice: I'll answer the question on the closure of the Street. There's an opinion from. the Attorney, General of the State of Florida that says,.. Mr. Plummer: Mr. Rice the question was, does the Doctor own both sides of the street, abutting both streets. Mayor Ferre: Does he own all the land? Ask the other question. us about the law later on when you come back for rebuttal. Mr. Douglas Sandburg of Yacht Harbor stated his main concern was the second club and the parking, and the traffic from the Mutiny, and the clubs in the Mayfair. Mr. Plummer; Sir, a question to you, if in fact your statement I take as being truthful, your statement that in Yacht Harbor, it has been proven that 2 and maybe 3 space are required, why would Yacht Harbor lease the back part to the Mutiny?' Mr, Sandburg; Yacht Harbor has temporarily leased that on a month -to -month lease, --I am talling you my understanding, --it is on a month -to -month lease, to be cancelled any time and it is a present trade-off, We are still not completely full as a building and all: pf our parking places essentially downstair are now sole, We have a deal whereby allowing Sailboat Day to use some of our parking spaces they give us free valet service. Its a trade' -off. 51 Plummer: Is that the only compensation you gandburgt At the mT etit yes: Mr, Plummer: It other words, there i Mr, Sanburg I don't think so, Unidentified: Under the new lease that has just been signed, there is a small amount of Monetary consideration, bus basically paying for the lights, paying for insurance,giving Us valet,plus ailOtang our people to use valet parking,,,.. Mr. Plummer: What is the term of that lease sir? Unidentified One month. Mr. Plummer: Thank you, Mr, Ronald Celle, 2901 S. tayshore Drive, before we start, it is my understanding Mr. Plummer that what you are talking about is the fact that both Mutiny; and Yacht Harbor use the same parking service. Mr. Plummer: No, sir that is not what I am speaking of. I am speaking about when Yacht Harbor came before this Commission to ask this Commission for the ability to build, They proposed before this Commission a certain parcel of property which is not longer exists. That portion abutting Grand Avenue has in fact been siphoned off and is now being used by the Mutiny,. if I understand correctly. Mr. Cello: That's what I wanted to correct you about, Commissioner Plummer. Yacht Harbor and the Mutiny happen to use the same parking service. Mr. Plummer But that was not purported before this Commission. Mr. Cello: I'm trying to correct the error that I think has been purported before. this Commission, that because we use the same parking service, that that same parking service is allowed to park cars from the Mutiny, and those spaces, if there are not sufficient cars from Yacht Harbor available to fill up the spaces. That is what the agreement is, in the lease. Mr. Plummer: I understand that sir, but I also understand, and I will. take Mr. Dean as being a truthful man. He has always represented himself that way before this Commission and I' have over the years never found him to lie, that if in fact that parcel was not attached at the time of your application for a building permit,' that your floor area ratio would have far exceeded what you have, and what you are asking fora And I think it stands to reason that that is a truthful statement. Are you shaking your head yes, or are you shaking your head no. Mr. Cello: I agree with you.' We are asked to come here really because Robertson and Rice and Dean have applied to us for variances. In other words they are asking us for favors. They do not wish to comply with the zoning laws that the City has laid down. They are asking us for favors. Mr. Whipple has given us the reasons by which the Commissioners may grant them the favors. And the principal one I think was the third one that I copied down that he read which was that a literal interpretation of the zoning laws would deprive the applicant of rights enjoyed by others and give him untoward and undue hardship. Its that last phrase that concerns me in this whole deliberation, because what is the undue hardship which Dr, Robertson is laboring under. The only undue hardship which I heard him bring before this Commission,was,that he is paying too much in taxes, And I submit to you, that this is not the place to bring us that problem, This is not the tax assessor's office, This is not the court that deals with the taxes that he is paying. I also heard something that had to do with, if he builds, that he won't be able tp build as low, if he goes on bayshore Drive, as the building that ie presently there, which he dpesn't. plan to tear down anyway, Sp I cannot find any hardship or any reason by which this Commission should even be eonsideting granting him any variances of any favors it regard to the lofting law. All that 1 can tell that he wants is some additional bread to put into his pocket. Atrd that about the only thing that 1 think he is asking for, and 1 don't thihk that we heed graat him ,favors ih order t i give him tore Honey, 1 AM here to oppose ail three of the variances asked for. The first ote is the closure of the streets, the 2oning toard voted to ask you to do. 1 object to that. These streets are shall streets and they are used. Not greatly, but the reasons that they ate not used greatly is because there has been no landscaping along them. The streets sighs ate down. Robertson's got a big trash can ih the middle of Clark Street and it makes traffic on there kind of difficult. 1 sometime use those streets, acid the backup of traffic oh tayshote btive from the Mutiny makes me watt to get off on be' Monde Street and swing around. There's plenty of room for me to turn my truck on those two streets to get back out onto Mary Street. So 'I do use those Streets. Not a great deal btit they could be used more. I1r. Allison mentioned that we don't know what the traffic is going to be at the Mayfair and;l think that before giving any variance, before allowing them to close those streets, I think we ought to see what the traffic is going to look like at the Mayfair and how those streets might be useful it siphoning it off.Secondly they really do offer us ho compensation for those streets. They offer us a few feet additional on Mary Street and that is not really enough. The streets really deserve more than that before they ought to be taken. I really ask you not to grant the variance about the street. The variance . All of the details that you have heard all derive from the supposition that these streets will be closed. If those streets are closed, even the floor area ratio of 1.65 does not apply and there is no practical way which they can build a buildingof the size that they want to build if those streets are not closed. Sure they can build 170 ft. high but they will have to build a flag pole -like structure in order to do it on the land that they have left. There is no way that they can build the k.ind of thing that they are asking for if those streets are not closed. I am here to ask you really, not to let the Grove get any worse than it is. I moved back into the City of Miami two years ago. I liven in the county for almost 20 years before that. If I had been here when Yacht Harbor or even Sailboat Bay had been considered I would have come before this Commission to object to those places. They are build and I guess there is nothing we can do about it, but I' am here to ask you not to let any more go up. Next I want to object to the club, and you've heard most of the objections to the club. Again, there's no hardship. All that this amounts to is giving him additional money and I don't see any reason why we have to grant favors to give him additional money. And the floor area ratio is absolutely, and soundly only a pretense to give him to ask for additional money. I resent the blackmailing statements which were made in the presentation, that they were going to build more units, or they are going to put a hotel in Any hotel would be subject to the same kinds of zoning restrictions that they are. Any hotel would also need the same variances that they are asking from you. And to build smaller units would not be consonant with the real estate economist who testified for them before. You can't have it both ways. Mayor Ferre: Let me ask you a question. Do live in one of these apartments, or do have a residence in a house, Mr. Cello; No I live in one of the apartments. Mayor Ferre;You live in Yacht Harbor? Mr, Cello; Yes, You moved from the County to Yacht Harbor? Mr, Brian Mark, attorney for the Tigertaij Association appeared in opposition to the variances being requested after denial from the Zoning Hoard, He stated that the objection raised by the'Tigertaii Association are similar to every- thing that has been brought up so far; Ms, Joanne ip1shor,ser, I am Joanne Hoishovser, 423Q Ingraham Highway, I am president of the Coconut Grove Civic Club,,I would like to mention at the outset that I would appreciate a chance to respond to any witnesses, Mr, Rice mentioned that he had some more, and if he does have mare I think we are entitled to respond tQ theme Mayor Fern`+ Even though the rules prbab1y wpuldn't pe!it thati as 5 AS the Chain will be very lenient and let anybody who cunt to rebut,' speak, and tebut again, and speak again. We'll have a real debate here. Ms. Holshouser stated the Civic Club's train objection is that they would like to see private industry in a posi'ton of paying their Money and taking their chances or their losses. She stated if the Floor Area Ratio is granted Oh this, there would be tore and tore requests. She stated they were still trying to hold the Grove together and have a Village that has some of the atnetlities of everyday life) that public or private clubs were not a part of it. Mr. Michael Butter, a resident of Yacht arbor appeared in favor of the. .tathestown project.Be stated he negotiated the lease with Sailboat Bay), and that it benefits Yacht Harbor and people at Sailboat Bay. Mr. Joel Jaffer stated he was here a year ago just stopping by for a visit, and it was exactly the same situation, that Mr. Mice was trjtino to convince the Commission to build a tall building, and all the sate reasons were being given against it and almost all the same people are still here, and that the only thing that's changed is that theskyline is getting more cluttered with these buildings and the air is getting worse end people are leaving. M . Plummer inquired of Mr. Jaffer his address for the record. Mr. Jaffer gave 3268 Mary Street as his address. He was in opposition to the Jamestown project. Mr.. i*r^s Benjamin, a resident of Yacht Harbor, 2901 S. Bayshore Drive appeared in opposition to the variance. Mayor Ferre: Mr. City Attorney as a clarification of the statement trade by Mr. Benjamin, would you tell us the law? Ms. Meer, Asst City Attorney: Without reading the document he provided you with, there is a chapter in the City Code which sets forth the procedure by which public streets may be vacated and closed, requires a public hearing, that if its the will of the City Commission they can close the street and it has to be replatted, then the street up to the center line goes to the adjoining property owner on each side. I understand from what Mr. Rice has told me, that Dr. Robertson owns the property on both sides ofboth. of the streets, therefore subsequently the closing of the street, when Dr. Robertson replats it, he owns both sides of the street,.... Mrs. Gordon: If there is a reversionary interest, by way of the original. deeding of the property the. public body, what is your answer to that? Ms. Maer: Well generally, without seeing this instrument as I say, and without examining Dr. Robertson's plat or whatever Mr. Benjamin has, or the abstracts. to the property,the dedication to the public for the use of the street,so when the City Commission accepted the dedication decides it no longer wants the street, it reverts because when generally when it is dedicated by plat, the title to that piece of property known as the street, the title hasn't passed to the City per se ut's the use of the area. Mrs. Gordon; You are talking about generally. You are not speaking of specifies of this piece of property. Are you saying that in this original deeding of land for a right-of-way, there was a reversionary clause in the deed? Mr, Benjamin; 'Yes, Ma'am, the plat itself has this expression and it may not be verbatim, l did not bring the plat with me, It dedicated to the perpetual use pf the ,public the use of these two streets,and further pro- vided that in the event of their abandonment, the streets :shall revert to the subdivider who were the Clark family. And l take issue with nounsel as tQ the legality of that particular ordinance that she is quoting which I fully recognize, It has never been tested as tP the QQnstltutianality pf taLing away from sPmeone what has been given to them without due process, The people, the publto,the people in Miami, they own those streets, The re- versionary rights, it goes to the heirs of the original subdividers, l e at it the process Of securing hopefully, an assigttment of those reversionary rights with the undetstattditg they will tot be used for monetary purposes but will be used taolely tt5 preserve those streets. l AM sure the eonstim tutionaiity of that particular settioi of the ordinance has hevet been tested and when it is tested, which will be done itt this ease, I'tn sure the Courts will then say, you cannot take away froth the'publit what you have given to then without due process to the public. And that goes back to t►y original request that the City Cotntnissitters put the burden of taking away those streets upon the developer and not Me as an individual, or whoever I represent as individuals, go that ettpense of filing a lawsuit, Mts. Gordott Mr. ktox or Ms.Maer, how long would it take you to,assemble the information that you would need to assemble and research to protect the City from a potential defense of a lawsuit? Mr. Rice: I can answer that question right now and it doesn't involve any litigation Mr. Plummer: She didn't ask you Mr. Rice. Meyer Ferre: Let her answer and then if you want to be recognized,... %is. Gordon: We are talking about the claim to a reversionary interest in these streets. Ms. Maer: Okay if I were to examine that specific claim, it would take me a day or two to examine that and listen to what his argument is. I would say that from my research in this area, and I've been working on several cases that involve these specific issues, if I ask Mr, Rice to put in the record the fact that Dr. Robertson owns both sides of the streets, and I am sc.tisfied that upon the City Commission, at a public hearing of closing the streets, that, Mrs. Gordon: That's not what I'm asking you. Ms. Maer: ..well, there's a recent statute which has declared that these old plats, which I assume Mr. Benjamin has, which reserves this interest in an individual, this statute has somewhat modified that.So that the area in question, what is a street now, still goes to the adjoining property owner because the basis that it is illogical for someone to end up owning this. thin strip of vacant land once it is closed and no longer a street. Mrs. Gordon: as meeting that we not parcel, and Ms. Meer: I As our attorney representing us, and our interest, as far the City's and community's interest, are you recommending research this and we act without research on this particular these particular streets? d be happy to research it, Mrs. Gordon: No, it, that we just Ms. Maer: Since I not recommend,.. Mrs. Gordon:: You would recommend that we not take any action until you've had time to research it?' I am asking if you are recommending that we not research take your determination of generalization tonight. haven't seen the instrument Mr. Benjamin has, I would Ms. Maer; Whatever it is that Mr. Benjamin enters, Mr, Rice, First of all you have a beautiful park up here known as David Kennedy Park. i happened to be the attorney that got the right-of-way to. the canal that runs beside it and also set aside the spaghetti dedication on the other side that went to the property owners in that particular sub- division of.Rockerman heights, because when they patted that they put in two stips on each side, one on the side of the canal so you couldn't get to the canal from the south and you couldn't get from the property which l believe is owned by Everglades School from the north to south because they had 2 or 4 ft, .strips, and the oOurt set these dedications aside and Paid that's for the property owners, Now that's what i did for the City of Miami, NOW furthevnere, when it comes to platting preperty, and setting aside atrgets, ,the COMO-PSIcn doesn't concern itsaif with ownership 55 Fra of the street. My client Will take tate of that burden because the problem is should the streets be discontinued, —we want the streets discontinued and we are going to take those streets acid give the City a strip around Mary Street. Now, the Co mission in no way is coat erned With title of the streets, Title of the street,... Mrs, Gordon: titcuse the Mr. Rice, We are only concerned with any expenses that may be incurred by the City in the development,.... Mr►Rice: I've defending this City in the last tithe We acted, I've teen t the Commission was econeratedand l't still gby actingoing Ohthat plagt�upgthereto eOh rayll you hothne 3 . Bayshore. brive. Judge Satin dismissed the City as a party plantiff. Ask Ms..Maer if I didn't actively support the City in their proposition that they weren't a proper party to the suit. Now Mr, Benjaminhas the same kind of argument, and I am just saying the City isn't a proper party. Dr. Robertson and I will take on the load of who owns that street if you close it, The whole subjectnowis should the City close the street in light of ;+ur plat in which we own both sides of the streets, and by the tray there is a statute, and there's a court decision that says that those who own the sides of the street are entitled to title to it. Mr. Benjamin, you must realize lives in Yacht Harbor. He is on the 5th floor. Any building 5 or 6 stories high is going to kill his view. He's dying hard. Mayor Ferre: Next speaker. Ruth Gillis of 2721 Bayshore Drive,a newcomer from the north, stated she worked a great deal in planning and zoning there. She mentioned a previous speaker's talk about exhaust fumes, who did not mention pot fumes. She stated the building and the whole area should be wiped out, that the building cannot be brought up to standards to attract a good clientele. Ms. Amy Stein, of 61 Semana Drive: I'd just like to make one point as to the reversionary clause issue. The City may not be a proper party defendant in a lawsuit regarding that reversionary clause. I see no reason why you can't take a few days to research it, take a look at the clause, and see whether or not it is valid rather than forcing Mr. Benjamin's client to bring a lawsuit. It is a, matter of balancing the interest here and a few hours of research and finding out exactly what the validity of the clause is really very little task. Thank you. Mr. Plummer: Let me ask you a question. Do you think for one minute that there's got to be a winner and a loser. Do you think that Mr. Benjamin after 3 days of research is ruled against that its going to satisfy him? Ms. Stein: Pardon me? Mr. Plummer: If after 3 days of research into the title, the ruling of the City Attorney is that Mr. Benjamin is wrong in his contention, that Mr. Benjamin is going to be satisfied with the ruling of the City Attorney' Ms, Stein; I can't answer for Mr. Benjamin.. Mr. Plummer:; That's a very good answer, Mayor Ferret The question is in reverse, Mrs, Gordon, Yes, the question is reverse Mr, Plummer: Okay, I think it is as broad as i.t is long, You have to have one winner and one loser and the loser is going to be unhappy, Mayor Ferret All right next speaker, We are going to get Mr. Rice and then we are going to get Joanne, and then we are going to get rebuttals and then we are going tp come back and talk for a while, It is only a quarter till eleven, 56 After a 5 Minute break Mayor Vetre Announced that MrJack Rite was back, Mr. Rice: First of all I t3 old like to &nswer tr. Waldo Allison, and Adios Benjamin, and I have here an attorney general's opinion that says As follows in reference to Closure of A Street: 'A tnunicipaiity possesses Rio authority under the Municipal Hobe 1tu1e Bowers Act to requite property Whets Whose lands abuts a dedicated street to prove reversionary interest or any other property interest or property right in the `street bed prior to and as a condition of the vacation of Stith 'street. The detertltination and adjuditatioti of property rights is a judicial function which they may trot exercise, which may not be exercised by the legislative branches of government.fence any such exercise by municipality does hot constitute a lawful exercise of a tnutlicipal governtbental power for a municipal purpose. In addition while the vacation of streets in the public interests or when the streets are to longer required for public use is a legislative function which inay be performed by a municipality. A municipality possesses neither a statutory nor constitutional authority to exact payment for or otherwise interfere with the property rights of landowners whose property abuts a public street as a condition to, or in exchange for, the exercise of its power, to vacate streets no longer required for public uses,' Now that opinion is dated,-- it is opinion No. 78125, issued on October 24, 1978 and:I talked to the City Attorney about this a second ago and he says he a copy of the opinion, I also was recently in court in the City of Miami vs,' Mr. Smith case, and Dr. Robertson, and the court, by Judge Satin has already ruled that when the City plats that's not ajudicial determination to decide covenants that run with the land, or anything else that's of a judicial nature, and that's a province of the court. Now we have the exact same question here and I would say. --of course I can't tell you to disregard the rights of the City Attorney if he wants to look at the law, but under both the statutory and the case lac; of the State of Florida, reversionary interest goes to the abutting property owner. And the City of Miami has got a canal out there, --I forget who the Judge was, --I think it was Judge Anderson, I am not positive, that ruled that the City has title to the bank of tha canal. One thing I would like to bring up to the Commission is Mr. Hoppe's statement that he represents every- bcdy in the condominium. Well, at the last hearing Phil Knight stated that he represented 40 people and he gave proxies to Mr. Davis stated that he repre- sented 40 people, and it is in the Minutes on page 40. 'Mr. Knight: Mr. Dean, I ask you to accept a documentation of approximately 40 proxies and responses I have received in opposition to all three variances. The one response that I have received that Counsel has alluded to in favor of the opposition, shows you that I completely impartial and I submit those to you." And that was either one of the two people in which I gave letters to, Mr. Davis, at that particular hearing. But Mr. Knight isn't here. I called Phil Knight. I talked to him. I've talked to him twice. I tried to call him again' today, and I told him the changes we were making on this project. And his primary concern was the club and those 40 people aren't here and Mr. Knight isn't here, and Mr. Knight didn't return my call again today. I was going to remind him that we had the hearing, and I'd appreciate his support but I didn't hear from him. So I assume that Mr. Knight, at, least those 40 people which he said he represented, have no objection now that we have changed the club. Now, I don't know that, but at least he hasn't called me back and he isn't here. Now getting back to Mr. Waldo Allison's comment that we ought to use that street for a tram. and for a bus, I'll tell you, it is a substandard street, and that building when you turn it into a condominium will return to the City approximately 300 thousand dollars in taxes, certainly we could use it for better purposes than providing M,T.A, with a bus stop. And besides that, they don't have any. business using a substandard street for a bus stop, and certainly shouldn't be able to use it for bus stop when it was dedicated as a street, That's not a tram pick. -up, In fact it Is not even s street. l don't even meet the City's standards as a street and it comes within the purview of alley. y the way, I should remind you that Ms, Holshouser, although she fought us ph a couple of things, didn't fight us on the street closure, Mayor Ferret You shouldn't have said that, because now she is going to come up, and,.p, 57 Ma Holshouser: 1 didn't know about the reversionary clause,.. Mr. Rite: I would also like to say there were a lot of people here is our favor and 1 asstttiie bathe of then are still here, and would they please stand up, You know We were supposed to start this at 4 o'clock. Now -these are the die-hards. 1 have lost about 10 in the composition of tithe. I think we covered just about everything and 1 don'twant tb belabor this+ Mayor Terre: Thank you very much. 0n behalf of the COMMi8Sioh and the working press we thank you, Mr. Rice: I won't belabor it again, but Mr. Markswho was involved it: one of those lawsuits I was talking about, that we still have with Dr. Robertson, -I'll get to hits later,. Mr. Plummer: How much later? Mr. Rice: I mean not tonight, on the lawsuit. But when he says we don't have a hardship, When the very people to which we are giving all the variances around us, have caused our taxes to go up approximately 60 or 70 percent, and that the building is falling down, --if that isn't a hardship I don't know what is. And the hardship was created not by any act of Dr. Robertson. He hasn't done any work on the builoinq whatsoever. Also that flood control, when that raised the height of the building 12 ft.. before we can use that particular story, we have effectively lost a ground- level and the first level floor condominium units. Now the only thing Ms. Holshouser objects to is providing in essence for larger apartments. Thet's our primary, sole question here,'are you going to give us larger apartments to meet the treed and to finance a building'. That's pure and simple and if you carry that bonus out, and I don't why its arbitrarily stopped, --why does somebody say you can only carry the bonus to 1.65? What is so magic about 1.65, and what's so magic about this whole deal that if you cut it out, that all we have to do is cut 4 foot from the interior of the building. That isn't going to help anybody, and I certainly think that having a beautiful building on this site will certainly enhance the Coconut Grove area. Thank you. Mr. Fosmoen: Mr. Mayor just one comment to clarify Mr. Rice's last state- ment. If you do carry out the bonus provisions, the still don't end up at 1.9, you end up at 1.77. You do carry out bonus provisions, but you still don't end up with 1.9, you end up. at 1.77. Mr. Dean: That's true but we've lost a basement and we don't use the first floor, so that's two floors plus we are out,... Mayor Ferrer I think we all understand those arguments. Fosmoen: Mr. Rice understands that F.A.R. is floor area Mayor Ferrer Okay now its your turn. Mr. Brian Marks: In rebuttal to Mr. Rice I would say that it is very important to note that the presentation tonight, the length of it, the amount of pictures, diagrams etc. whether we have more people here now or they have more people here now, is totally irrelevant. It was one of the main arguments that was just made to you. The hardship that was in his summary made to you is the economic hardship that Dr. Robertson has, No other hardship has been shown to you, He has a building, he can build another building, he can tear down and build something else, He can build it within the Code, He doesn't need a variance. And the sole question of not large apartments, er small apartments, it's whether you can grant the variance or not based on your Code, And has a hardship been shown that would allow it' Or is there is there $ome special character this man would Allow it, or any of the other reasons that have been demonstrated end nothing has been shown, They've been showing a wig pa wage acne of it mans a thing unless they fit their Arguments within the Code of the City, and 8 FE *79 and within 8eotiOn S1, igArtiele that's all l realty have to argue about, Mr. Atrtoa hen3attin again spoke again in opposition to the variances. Mayor Ferret All right, anybody elte/ Mehbers of the Oeftission. key, Gibson' Mr. Mayor did I hear you sir, say that you could now build 186 apartments and you only want 108? Mr. bean: `des, Rev. Gibson: Let me ask the people who opposing. You would rather have 78 more apartments, -let me do it this Way, My reasoning is something like this, --if I have 186 apartments, it is reasonable to assume that I'll have that many more people. If I have 108 apartments, I would have that fewer people , from the apartments. I want to ask you if you would rather have 186 apartments over against 108. you know'I atn a ghetto boy, and I happen to know that you can tell my ghetto mentality. That means that if I have 186 apartments, I'll have a devil of lot more people trespassing over against 108. Now I want you to help the get out of that bind I am in, Ms. Joanne Holshouser again appeared representing the Coconut Grove Civic Club, opposing any larger Floor Area Ratio and more private clubs in the Grove. Rev. Gibson: All right let me face another question. I'tn dealing with arithmetic. If the apartments are larger and cost more per apartment, isn't it reasonable that that reduces the likeliness of that number you are talking about? For instance, if a man has to pay $200,000 over against $150,000 some people automatically cut off before you even say a word. Ms. Holshouser again spoke in opposition to a larger number of smaller. apartments, and in favor of fewer, but larger, more luxurious apartments. Rev. Gibson: Let me raise one other question. Clubs are not my thing. Shouldn't be anyway, but if what I hear here tonight is true, and if I can't say anything else about you, I have to commend you for your creativity and imagination. I don't like this word, but I think it's about time you put some class in some ofthis business. A lot of people don't like that word. I shouldn't be using it, because that automatically excludes me. But I have no problem with those who can afford class. And I can't afford it. I want them to enjoy and endear it. I have no objection to that. I say if you are able to do it, right on my brother. I love. Just make sure a little of it flows to me one day. So if you have the kind of club they are talking about, and they have more or less imaginative skill exemplified, isn't it likely that that might exclude, --the mightdowhat, that other lady, --where is she, --that might do what she said. You and I could talk about this. The Grove is kind of over -populated with some of the, --know what I'm talking about? Ms. Holshouser; I think I know what you are talking about Father and it hurts me that you would say this because I really and truly believe that some of those people who walk around the streets of the Grove and really don't look too well dressed, have just as much right to be here as you do or I do, Rev. Gibson: 1 didn't: say that, Look, look,,. Ms, Holshouser; Then please clarify it before I lose my faith in you. Rev, Gibson; Let me say, I've lived in the Grove for 33 years, and I've seen the Grove change, and I hope you don't misunderstand me, Ms, Holshouser-; l ern afraid I'w not understanding you very clearly, Rev, Gibson; Just listen, I'll get there, May take me a little time, You know i rePember what used to happen in down in Peacock Perk 1 don't want to live up there, but,,,I'w talking about raising the level of happiness, 8 I don't want to be misunderstood, i'm; talking about raising the level, You know I AM going to 1aVe to vote, ` and 1 tsat:tt to bake Mute tone 4uestiohs are answered in iffy Mitch' Ms. Ito166user: A sand private club Father is just at othet addition to the precedents that will be set and i think the idea of one private club itt that building, which they already have, one private dub if they teard the structure down, but I don't want to belabot it, but Otte private Club to that building is saying this is it If you put two then the treat building that goes up bay ask for two attd we need a bar, or ttso and we heed a lounge, or two and we teed sotething. Its a precedeht that 1 think is a dangerous one ih the Grove. And as for how swank or exclusive it is, sir, I don't think that you are naive about what cotaitie costs, and 1 don't think that you think for Otte tnontettt that most of the penniless' kids who walk the streets are the ones who are using the cocaine. in this town, because sir, they are not Its the people in many of the more expensive clubs and many of the private clubs in this town that the live in right now who are using the coke and using some of the other thing' and it is very very profitable for a lot of people to run that kind of private club. I at not saying this is the private club they would be rutting, but I am saying they can open the most exclusive private club ana have no interest in the person down the block who come in with another private club, and another. It's a chain of private clubs that bothers us, or public clubs whatever you will. It doesn't matter how nice Mr. beants two clubs are. There are two of them and they set a precedent. Rev. Gibson:Let the ask one other question. 1 don't understand 1.9 over against 1,86. I think you wanted 1.9, and I heard over here 1.86. Mrs. Gordon: No, that's another. Mayor Ferre:1,65,.,. Mr, Fosmoen: Let me clarify,... Rev. Gibson: Please do. Mr. Fosmoen: The 1.86 is something Mr. Rice mentioned. One member of the Planning Board, suggested a 1.86 floor area ratio, but that is the only person that has suggested a 1.86. Mr. Plummer: Mr. Fosmoen: The question I have is, what predicated that offer?: I have no idea Mrs: Gordon: What is the maximum allowable with all the bonuses, Mr, Fosmoen? Mr, Fosmoen: Commissioner, I am going to give: this to you in round numbers, okay? In a floor area ratio of 1,65, and that would be what they are permitted under the ordinance,They could build approximately 187,000 sq. ft. In a, floor area ratio of 1.77, and that is taking the bonus provisions and simply extending them out for the number of units that they propose.They could get about 201,000 sq. ft, At a 1.9 they get up to 216,000 sq,- ft, Mrs, Gordon: Uhat's the number of units of difference? 0n the basis of the size of the units they are proposing,,. Mayor Ferre:Excuse me Rose,,.,would you repeat that number one more time? Mr, Fosmoen, 1,65, gross buildable area, 187,000t--1,77 F,A,1t., 201,000 sq, ft, and at 1,9 FM, 216,000 sq, ft, Now, if you want to carry that one step further, Commissioner, if you assume $80 a square foot, in sales value, you end up at 1,65 you end up with a project that is worth about 15 million dollars, at 1.77 about 16 million dollars, and a F.A,R, of 1,9 about 17 million dollars, They are round numbers, 1 wouldn't even pretend,,,,,, :Mrs..Gor-don; What You Are saying then,within the law, without any variance grant, with the hQrEuses, and so forth, they could have 1.77 giving m? irUm of 201,000 sq. fr,, and that includes the credits that they TPcei re for the closure of the street. And bow many PR. ft are they receiving is the 60 FLU 1 '9 street closures Mayor; Ferro How much Mr, Meet We lose Bottle at d gait some, Mrs. GotdOht i infant to know how much the atreeta ate, Mr, Fostnoeht About 4800 to, ft. het by closing the streets and dedicating Some tight of days, Mrs, Gordon: Forty"eight hundred. And multiplying that out by the value of the land according to the applicant's figures, l would say that that's. a pretty good bortus. Now, if in fact we were to pass the resolution Oh the street closures and don't kttow if there's a reversionary.clause that's effective or not, what is the liability the city would incur if this wete:dote Mr. Knox? Mr. Knox: The City should not incur any liability Mrs. Cordon because the question of clear title of this or whether or not there is an effective reversionary clause is really tot something about which the City has any concern. Mrs. Gordon: Okay, if there's a suit brought against we be brought into the suit? Mr. Knox: There has been a precedent, a very recent precedent involving a question over a deed restriction where the City was brought in and it was dismissed by the court as not being a propery party to the lawsuit. Mrs. Gordon: Would you say since the department is recommending the street closure, do you still recommend that Mr. Fosmoen? Mr. Fosmoen: Yes, we still recommend the street closure. Mrs. Gordon: Okay. To the applicant I would like to ask a question. Would you indemnify the City against any possible expenditures fordefending a lawsuit if the lawsuit involved the City? Mr. Rice: We've defended every lawsuit in wich my client has been and there's three, and all involve the City. Mrs. Gordon: Yes, but the City has to be involved too? Mr. Rice: We got in there, --we are hitting hard. You don't think we are going to rely on anybody but ourselves to win? Mayor Ferre: Well, you can't say with all due respects. Mr. Rice:With all due respects. Hey, listen, we get great help, and got great attorneys over there, but you know its our neck. You don't have a dollar on the line, We've got the money. Mr. Fosmoen; Commissioner Gordon, I want to clarify one point for the Commission. We talked about a 1,77 F.A.R. They are not currently entitled to that, If you extend out the bonus provisions, then you could justify if you will, a 1.77, Mrs, Gordon; What do you mean extend out the bonus provisions? Mayor Terre; In other words, not going to limit the bonuses. Because right now the bonuses has a total limitation of 1,5 max. And what he .s saying ie, , . We. Gordon; Let him say it Maurice, I want to hear him say it, Mr, Fosu►ocn; , ,, . 4,65 by extending the bonuses is what they .are entitled to because there iP a tut off on the amount you Can gat by Wing the bonus system, si fLp Mts. Oordoht 'theft why are you tiding dtt ekteitsiait beyond the 1.6M Mr. Tostoett i believe the 4uestioh wad asked 1 think by the Mayor. If you extend Out the bonuovisions 3 ihow ttiat y s4, ft you oats build, Mayor Ferret Plummer asked that. Mrs. Gordoht tmy would you thake it 1.77--why didn't you extend it out to Whatever,.... Mr. Fostnoent Because we are basing the bons extension on the site of the unit they are proposing. Mr. Plummer Let me tell you what bothers tne. Mr. Knox is saying the City is not responsible about the street closure, Maybe he is right, and maybe he is wrong. We can't be held responsible, assuming, that is. cotrect. But we could be held responsible if we approve this thing this evening, because the way I am looking at it, it can't be built without the closing of the streets, Mt. Bice You won't be responsible. They would have to sue us before we built the building. Mr. Plummer: Mr. Rice what I am saying is, and I thought Mrs. Gordon was going to pursue, and that was, before a decision is made it seems reasonable tc me that this which I think is critical, and I'tn ready to stand, and I was not making fun of the young lady, from Bay Heights, my neighbor, or Mr. Benjamin, who I thought still lived on Tigertail, who deserted us to. the high rise, --if in fact the City Attorney were to rule that Mr. Benjamin is right, as I see it, you can't build what you are proposing. Mr. Rice: No, the City Attorney said, not that Mr. Benjamin is right or wrong, this is not the problems of the Commission, --that's what he's saying. Any rights to be determined will be between Mr. Benjamin and my client,-- th,::t's what he says. Mr. Plummer: You are not reading me Mr. Rice. Mr. Rice: Yes, I am. Mr. Plummer:I am saying to you that what I heard from this young lady ;was, that in two to three days', she could make a determination, and that's who I'd look to. You know when you were sitting there I looked to you. Okay? She has also further stated for the record that she would like the, chance of reviewing this document which she has not seen and I say to you, answer this, question for me. If you were denied the right, of the closure of the streets, could you build what you are proposing? Mr. Rice: It would isolate that little tiny area down there. Mr. Plummer :That's why I am saying it is critical. Mr. Rice: It is critical to us but it is not critical to you. That's what I'm saying. Mr. Plummer; I understand what he is saying. MT. Rice; Could you just give me a second? Mayor Ferre; Sure, go ahead, Mr, Rice; Mr, Knox says that reversionary interests are not a province of the Commission. They are the prpvince of the court and the Commission could act, and the court would determine between Pr, Robertson and Mr, Amos Dep)amin, who was right, We could delay this the same thing we did op the deed restriction, Dut the same thing held true there. that it is not a province of the Commission tQ determine deed restrictions, Mr's. CordQn., Is that still in court? 6 Mr. Rice: Well the City teas dietiAAAd from One of that. Mrs, Jordan: 'des, but ate you still Mr, Rite: Yes, I At stil in court, sure. Mr. Plumtert Let The ask you another fluestiot Mr. Rice. I`rott What I have heard here this evening, the real big, big problem, and it all boils down, is the second club. Reasonable fret► cat disagree but they don't have to be disagreeable. Is there an Area left that could be explored of teasbnables ness. NOV I atn not browbeating yore, ==lttn just you+ I've heard the statement that you've gone the limit.If that is your case, and if it is VVm not trying to beat you into the ground. I also remember very vividly Otte of the best suggestions that ever came before this Commission, and I give it to you for. consideration,=. -and you, of course, Dr. Robertson. I noticed on the map that there was some blue areas, Blue areas Oh the tap indicate. additional property owned by the proponent, tot included in this application. Mrs., Gordon tame up with a very, very unique plan as it applied to Allan Morris, Mr. Morris came before this Commission asking for at additional floor oft a building right off Brickell'Avenue. He vatted to put a cafeteria there. And as such was willing togive a piece of property across the street for a park, and I taant to tell you it is one of the nicest little patks around for the people of that area. Mrs. Gordon: Transferred development rights Mr. Plummer: Mr. Rice, my father says it a mean man that locks a door so tipbt that it can't be reopened. I think these are areas that I would feel -r.c.rt comfortable if further explored. I am just giving you food for thought. I a:- n-t browbeating you I am not browbeating the other people, because they are very adamant I think. Mrs. Gordon: J. L. where is the other property? Mr. Plummer: Across 27th Avenue is what I saw. Mr. Rice: They've all got buildings on them. There's not vacant land.He doesn't own vacant property and besides that they are mortgaged to the hilt. Mr. Plummer: Hey, Jack I don't know the answers. I am lust trying to find a basis of middle ground. Unidentified: There is a piece of property on South Bayshore that he Mr. Plummer: Fine, Doctor,I appreciate that. I am just trying to give area of compromise That's all I'm trying to find. Mr. Rice; You've got a park right across the street, --its the largest in the State, of Florida Mr. Plummer: Mr. Rice I am not arguing. Mr. Rice: And I tell you, I won that lawsuit that helped you make that a great park next to that canal, Mr. Plummer: Its the best used park in the City of Miami, Best money we ever spent, Mr, Rice: The canal didn't cost you a dine. Mayor Ferre; Aren't you proud of that? Mr, Rice: I am, My kid Ross down there every day, Be is the healthiest guy ion Dade County, He runs three miles a day. Its Gordon; Ladies and ge.ntleMen don't you think we ought wrap thiE up? 1Mavor Fevre; I think that would be a good idea Rose. NT, Robert Psvis; If I may have one minut€dust to try to clarify this stroet s-tua>:lon again, 1 lust wanted to state the following facts involved 63 With this, This is a public heaPihe for the closure of the Street but it all is accomplished by the plat and 1 think this is 'what Mr, Rice it teferri►g to in the slatting procedure depehdeht ttpoh the owterahip of the property ihvoved in the plat, if this tonissiott were to' apbrove the pttblio hearing for the closure of the Street which is to determihe literally whether it needs a use SS A mapped street, hot the property ownership of it. Then it would go,,. Mrs, Cordon.' , ,, to the plat and Street Committee Mr, bavts:,,itis already beet to that,' —then the plat has to be approved by this Cotntnission and retarded before he tan obtain a building' permit, So T don't see where there's any situation where they'd be34.4 Mr. Rice: We have to have an opinion of counsel as to,,.. Mayor Ferre: Let me express my' opinion,, I have listened for 4 or 5 hours, and thought about this one way or the other, 'There are three subjects here. The closing of the street is the one that bothers the the least because that' a narrow alley really. It's tot a`street,--it is a 20 ft, piece that goes to this property, that really doesn't serve any public purpose because it doesn't drain off traffic, and couldn't drain off traffic. So, that portion doesn't bother me. There is something about it that I think that I art concerned with, that is, --if we are giving property that we receive by closing, we ought to really get the same amount in lieu, so that, 'I asked, I guess Mr, Fosmoen, it was you, as to how much more would we need on Mary Street to make it equal, and I think somebody back there told me, -- Whipple was that you, --every five feet would be how many square feet? Mr. Fosmoen: There's a net gain in the property of 4800 square feet. Mayor Ferre: In other words what would it take to get 4800 feet? Mr. Fosmoen: I don't know. Mayor Ferret Whipple had that figured out I remember you said 5 feet more would give us,... Mr.k'hipple: Each 5 feet is 2,000 sq. ft, so,--121/2 feet. Mayor. Ferre: So the closing of the street doesn't bother me as much as I thing it would be fair to get that equal amount of space. Mr. Plummer: What does that do to setbacks? Mayor Ferret Well, that's something else. The setback provision, I wouldn't mind because I remember one time that Judge Robert Haverfield came here to a former Commission, Bob High was Mayor, and when something like that was done, the setback provisions were such that they could go to the line, before they gave the land, but they then gave the land, if you follow me, as a bonus kind of thing. So I think if we close the street I don't have a problem with that, but I think the City should get as much back as what we are vacating. Now, that's my opinion on that. Now, with regards to who is going to determine whether or not it is vacated or not, --vacated, or whether it is legal or who owns, the property, whether it goes back to the Clark family or not, that is really something that has to be decided in court. And the fact is, if the courts decide against Dr, Robertson, --well you know that is the end of his project. Its not really in our, determination. Let the courts decide that. That's his problem. So that part doesn't bother, me as long as, Rose pointed out, we are indemnified from any legal action or loss or what -have -you, That's item ill. The club, that give me a little problem. The problem of the, club is that whereas l have a strong feeling. that we should develop pant of the water front, not all of the water front. $ut part of the water front with restaurants so that we can attract quality tourism, and amenities of our own community. I think that when you get to the residential areas, and this is a residential building,.., Mr. Rice; $-C, residental-counerciai, Mayor Pertet.,its true, okay, That's true, it has tot3nercial,,.,okay, 1 stead corrected 6h it, It's nevertheless taihly art apartment building, 1 have some questiotis 6n the club, I still haven't trade ups ty mitd on that o ie, but 1 have some reservations, Now with regards to the units, 1 think the fact that cocottttGtbve Hotel has a 2,1, and Otfite in the Grove has 1,82, and Yacht Harbor has 1,71, Sailboat has 1,780sis not to The that germane as 0 who has what, 1 think that the rules we have established here are with a bonus, bringing it up to 1,65. Now 1 do have a little bit of a problem with why the bogus should cut off, and I personally don't have atiy objections to ectending the bonus to a 1,77, Now beyond that, 1 think 1 do have a problem At a 1.77,-Yacht Harbor and Sailboat Bay, I realize that there's argument that Yacht Harbor really doesn't have'1,71 because they have that little strip, but that doesn't` hold true for Sailboat Bay, or is it vice versa? I think 1,77 is within reach for the logically oh a bonus system. If you go much beyond that,- then would really be seeking what I consider a substantial variance. Now the difference between one and the other is 15,000 sq, ft. but since there is a 20% factor of public area, Jimmie, you are really talking only about 12,000 some odd sq. ft, Therefore you are talking about 6 apartments which is perhaps one floor. Now you have the choice of either knocking off one floor or making your apartments a little bit smaller, or putting some apartments down at the groud floor if you want to increase, But some- where in there.I -think we have to come to something which is reasonable and I am just expressing my opinion as to what`I think would be a reasonable compromise. Mrs. Gordon: I'l like to clear up one point, because that's what I want to talk to Mr. Fosmoen about, and that was the 1.77 concept because it realiv is a variance from 1.65 to 1.77. It is still a variance. It's 1.65 is no variance. That's administrated and that's what he's permitted. O1e,serr-seven, spreading out or whatever you want to call it, is still a variance, and its an arbitrary number, figure, --it's not based on any scientific calculation. Its just, you know, picking a number. So now you have to decide whether you are going to have a variance or you don't want to have a variance. That is the point, because when you have a 1.77 or 1.78 or whatever you want to have, --it's all a variance. Personally I think that. a very fine architect that we have here could design a very fine building in the 1.65. I have great confidence in your ability Mr. Dean and think whatever you put up will be super. I don't think that we can proceed any further because of past mistakes that properties received, not with uanaimous consent of, certainly not of this commission, --previous com- missions perhaps, but I am not opposed to this closure personally. I am opposed, very much so, to two clubs, I'll tell you right now. I don't want two clubs, I don't think we need two clubs, I don't think your building needs two clubs, and I am ready to accept the indemnification of applicant on the street. And I am ready to move ahead in not permitting the extra club, just saying you certainly could develop one very nice club and have it a very attractive place. And besides, I understand in contract writing as I've learned over 25 years of being a realtor, that you put in a lot of things you expect your attorney to knock out, because you've got to give him something. But I think you have given us some things you want us to chew over to get some things also. Don't be too disappointed. I think that if this Commission is ready for any kind of action, I'm ready to move, Mayor Terre; Rose, let me pursue one other thing..I want to make sure I understand this, Mr. Race. You can build that 5,000 sq. ft. club, --what you can't have is two clubs. Mrs, Gordon; Right, Mayor Ferre, There is nothing wrong, for example with your building your new bag club, having your Jamestown fn the meantime if you want to keep it Open, really. I don't know who would go there with all the cpnstructaon but if you want to keep it, and then after you have the new club, you can tear down that 2,000 eq, €t, club, I don't teall-y p e that having a 2,000 sq, ft club, --an old building, you know, if you Want to incorporate it within your new club, l don't think there is any rule that says instead Pf having s 5,000 eq, ft, club having a 6,000 sq, club, nave three entranoas to it! have a "bigger bar, I don't Pee what the purpose is of keeping that little old citth, unless it is seittitnental► Mr, facet its a night club) its successful) people love it attd we park With ageeetnent Gocanut Grove Batik for everybody that uses it, Mrs, Cordon: It's alhost midnightJack, Why don't you have pity on Us. Ferre: All right, let's go Rose, Mrs Gordon: Under A, with the application for the closure, the Manning Department recotnrnetids approval, the Zoning Board recotnmends approval and I concur with both of them, and ask the applicant to indemnify us', that be part of the resolutions Mayor Ferre: Are we get a little more land along Mary Street? Mrs, Gordon: I don't see anyworthwhilepurpose that that would serve in my opinion because it would mean more, --you are not going to agree t'ith us or everything anyhow. Unidentified: As a taxpayer, I like the way you are giving our money away. Mrs. Gordon:Yes, but he takes it off the tax roll you are giving our monLy away too. If you take an additional setback for public land, we are goring to have to maintain it, and he's not going to pay taxes on it. And he's going to have the benefit of it, and all he can do is landscape it aY,,,110v. Mayor T,. re: Yes, but that's a lot. Jimmy would 5 feet along Mary any harm to your building? Inaudible. Mrs. Gordon: Well that's a traffic problem that the traffic department would have to answer. Mr. Fosmoen: If you deduct 4800 sq. ft. from the site, you, obviously throw all of the F.A.R. calculations away,. Mayor Ferre: No, no, we wouldn't count that against you. If you gave that extra 5 ft. you can count it in your,.... Mrs. Gordon: You'd have to go into a variance then Maurice because he can't do it that way. Mayor Ferre: Okay. I was trying to get 5 more feet that we: could have some more trees, Mrs. Gordon:If you think 5 ft. would serve a worthwhile purpose, but I tell you if the streets:have to be widened then the Dade County Traffic Department certainly should have made that a part of the recommendation that they made to this Commission. Inaudible. Mrs. Qprdon: Well I'll ask the question then of the Department, Did the Traffic Department of Dade County consider the traffic to be generated by Mayfair, Mr, Fosmoen,--Mr, Whipple? Mr, Whipple; Dade County Traffic Department had an opportunity to comment upon this development when it came before the Zoning board, and you will find a letter in the file and there was no suggestion on their part as to the needed widening of the street ether than request of widening that we have to establish the Boned street width.' Mrs, OQrdon Were you at the Zoning Dowd hearing sir, when this ;came up? The gentlemen that brought up the Mayfair? Poctor, is it? What is your last slam€ sir, Dr, 66 FEE 1 T9/ Mrs, Gordon: Pr, AlliAMI, Were you at the Zofling Board heatibg %then that tatter about the Traiffit bepartme it ieecmmetidation eatne iipl Inaudible froth sudiehoe, Mrs. Gordon: Would you please let the read it? Mr, Fosinoeh: Cotnmissioner the point is they are not going to tarry any more traffio than a 60 ft, street than you do on a 50 ft, street, YOU ate simply going to have more grass on the south, Inaudible cotninents. Mrs, Gordon: I don't think a landscaped strip. That's landscaped strip, it's not Inaudible comments Mayor Ferre: We've been through all of that, Mrs. Gordon: I am going to tell you right now that I'tn not going to vote for any variance, okay, on Floor Area Ratio. I don't know what the other people are going to do . okay? I am not going to vote for a second club. I don't know what anybody else is going to do. I don't see any way that that property could be properly developed unless the streets are closed. And if you are going to have a decent'development,that we could be proud of this community, and we have one of the finest architects you can find anywhere to do, let me tell you, this means a lot in listing. it needs anything either, except that its all it really needs, And if you have a 10 ft, going to take any difference Doctor. Inaudible comments from audience. Mayor Ferre: We are not going to get in that kind of argument Jimmy because it is almost midnight and we are either going to come out of this thing very upset or smiling a little bit. You want to make the motion Rose? Mrs. Gordon: I'll accept the recommendation of the Planning Department and the recommendation of the Zoning Board both of which recommended approval on the street closures. Mayor Ferre: Is there a second to that motion? Rev. Gibson:I second it. Mayor Ferre: All right. Now, I want to bring it up one more time to make sure I haven't figured this thing wrong. Now, Dick we don't want that extra 5 feet? It doesn't make a bit of difference? Okay. Further discussion? Call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 79-83 A MOTION TO ACCEPT THE RECOMMENDATION OF THE PLANNING DEPART- MENT AND THE ZONING BOARD BOTH OF WHICH RECOMMENDED APPROVAL ON THE STREET CLOSURES, Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES; ComzpissiOner Rose Gorden Commissioner Armando Latssa Cot;unissioner (Rev,) Theodore Gibson Vice -Mayor ,], L. Plummer, Jr, Mayor Natrlpe A. Fsrre NOES None, (This apt/pn was later rescinded by Mpt on NQ. 79-F6) 67 FEt 1979 Mrs. Gordon: On itet No. 13, 1 am going to uphold the rec fthehdatioh of the Zoning hoard which WAS for denials Mayor Ferret There's a ttotie on Item 11. 1s there a second? NOW this would permit them the right to have one club. Mrs, Gordon: One club is permitted anyway, 1 ob3ect to having two dubs, because I don t think that this community can stand a proliferation of these privat clubs. They ate really not doing this community any good whatsoever. Our image is being affected adversely by them. Mayor Fevre: Is there a second to that notion? Rev. Gibson: Does that mean he is going to build a larger club? Mayor Ferret That means that he 1 would imagine could build one club, this i' ft. Jamestown Club. , ` 5,000 sq. ft. club What it means is that he wouldnt be allowed to have that plus the 2,000 ' MrsGordon: He can build a club because he already has that permit. Ke can enlarils it without any problem, but he does tot in my opinion need two separate clubs. One for the rich, and one for the poor? 0r one for this kind and one for that kind of people? I really don't understand the need for two clubs. Rev. Gibson: You concur, is that right, counsel? You don't concur, but you can live with it? Mr. Rice inaudible. Mrs. Gordon: You know Jack, you could have a club on every floor and ,•cu r_n-�10 accomodate different styled people on every floor., That would be all right too, but I don't think that you want that. Mr. Rice: Well its sandals and dungarees downstairs. Mrs. Gordon: Well I don't think you need to be too concerned of the sandals and dungarees for the 200 thousand dollar customers that you are going to sell those units to. Mr. Plummer: You never saw $100 dungarees? Mayor Ferrer Its almost midnight. What is the,... Mrs. Gordon: I moved a motion sir, to uphold the Zoning board. Mayor Ferre: I'm asking for a second. Is there a second to the motion of upholding the Zoning Board on the denial of the Club? For the last time, is there a second? Well I'll second it Call the roll. Mr. Plummer: Any discussion? Hearing none, call the roll. Ms. Hirai; Mrs. Gordon? Mrs, Gordon Yes. Ms, Hirai; Mr, Lacasa? Mr, Lacasa; No, Ms, Hirai; Mayor Ferre? Mayor Terre: Yes, Ms, Hirai; Rev. Gibson? R@v,, Gibson; No, Mrs, CQrdQm Did 1 vete yes? At this hour I don't now whst I'm wring, Ms. Hir'Qi; Mr, Plummer? FEB 197 Mt, Plummet: Note, I know the Mayor feels Dace in a while, on a 2/2 Vote, My Vote is going to be Predicated on that 1 think there's a reasonable ground for compromise, And /'tt1 going to vote against the motion for a deferral to try to find a reasonable middle ground, The motion' is to uphold the decision which is for the denial of the second club, 1 at Voting against that motion, Mayor' 1erte: In other words you ate going to grant them` the club, Mr, ?lubber: No, no, Wait a minutes atn 1 voting backtaatds. Mr, Davis: No, sir, this is a motion, --which tsould fail if this is true, And another motion is required at that point, Mr, Plummer: If 1 Vote no then what? Mr. Davis: Then the motion fails to uphold the denial Mr. Plummer: So then one of two motions in order, either to defer, or. approve. Mr. Davis; Yes, sir, Mr. Plummer Then I vote no. Mayor. Ferret I have the chair again and I recognize you for the purpose of making a motion. Mr.Plummer: I move that it be deferred the next meeting. Mr. Lacasa: I second the motion. The following motion was introduced by Commissioner Plummer , who moved its adoption: to try to find a common ground until MOTION NO. 79-84 A MOTION OF THE CITY COMMISSION DEFERRINGCONSIDERATION OF THE APPEAL BY J.G.ROBERTSON OF THE ZONING BOARD'S DENIAL OF CONDITIONAL USE TO PERMIT A PRIVATE CLUB IN ADDITION TO THE EXISTING PRIVATE CLUB KNOWN AS"THE JAMESTOWN CLUB", SUCH MATTER BEING DEFERRED TO THE FEBRUARY 22, 1979 MEETING Upon being seconded by Commissioner Lacasa , the motion was pass and adopted by the following, vote - AYES: Commissioner Rose Gordon 'Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None, Mayor Ferre: Now we are on the 3rd item which is C. Mrs. Gordon: I move you to uphold both the Planning Department and the Zoning Board, Mayor Ferre: All right, there's .a motion to uphold the Zoning Board denial, and the Planning Department denial, Is there a second? Is there a second? The motion dies for lack of a second.They have the right to have 186, and they are planning to have 108. Now the calculation as l recommended before here, is that if we go to 1.77 they would be able to build 102 of the :same sign, i Mrs. GPT4o4It is still a variance, 69 FE a � '- Mtn Plater; is that correct Mr, bears? Mr, beatt I haveh't done the calculations, Mayor Ferre: the difference is i ,000 s4, ft, will be basically otie floor, bf net usable space Mrs. Gordon: you know, I find it eicceedingly difficult to understand why tiy. fellow cotntnissioner has so much difficulty with staying within the allowable Floor Area Ratio , because there's to question in my tdt►d that if the applicant did riot get the street closure he couldn't build anything, acid he should be very happy to stay within the variance without having a variance. I sincerely mean that► Mt. Rice, br. Robertson, and Jitnn and all the test of you who are proponents of this application. I think you ought to be glad to be able to build it within the allowable Floor Area Ratio, --just because you got something for nothing, and you know it, Mr. Rice, We appreciate it, but there isn't a place down there that has to meet that Floor Area Ratio, Mrs. Gordon: Well, not a place down there got a piece of 4800sq. nothing either. Inaudible, Mayor Ferre: Well the point it that it is almost midnight and Mrs. Gordon did make' a motion and didn't get a second, so what's the will of this Commission? I am sure that its an assignment one way or another. Mrs. Gordon: What's that you always say, you want to go to heaven but,.. Mayor ferret I expressed my opinion on the record. I don't have any problem Mr. Plummer: Mr. Mayor I make you a motion at this time on Item c that it be deferred. Mayor Ferre: 0n what basis? Mr. Plummer: 0n a basis of trying to reach a compromise of some equitable to'both 'sides, and to the City . Mayor Ferre: There's a motion for deferral on item C. Mrs. Gordon: You know Mr. Mayor, --okay we'll work on this one first, then I want to tell you that I'm going to offer a motion to reconsider No. A. The reason being that if we are not going to come to a conclusion on these other two, B & C, I am not ready to go ahead and let No, A stand, I made the motion, and I am going to ask for a reconsideration on it. Mayor Ferret That you can do, but I think that we have now a motion to defer on the floor, unless you want to withdraw that. Now, is there a second on the motion to defer item 10-C. Is there a motion to defer? Is there a second to the motion. Not hearing a second, that motion dies for a lack of a second. Mrs,Gordon: I again move you that we uphold the Planning Department and the Zoning Board, MayorFerre: I'll ask for a second again on that one, Now what's the will of this Commission? Mr, Plummer; Bose and I have trade a motion each that have failed to get a second,Now we'll have to wait for the wisdom of the three in the middle, Mr, Lacasa; Mr. Mayor 1 am going to make a motion, Mr, Plummer; We must have struck a root, We got them both to their feet in a hurry. f 7O inaudible 66MMeftts, Mayor rate: Okay, say it 6h the microphone s6 its ari the record, so that the Herald will get fuii ►, r Mt. James beats: Obviously we ate at s6Me sort of it5passe, and 1 think everybody would like to go home, and we'd like to work this out. 1 feel that We have giVeh before, contrary to the eofinehts froth the audience and you are asking pis to give again. T appreciate, --look at Mr. Postnoen,. Mr. Fosmoen: i am waiting for you to tell us What you gave before. Mr. Plummer: He can't stand any more of the same. Mr, beat. The 1.7.7 gives us an 201,000 sq. ft.--that the tourd figures we were looking at. I Would like to really build 1600 sq. ft. apartments, because we knot. that's What's going to work. Mayor Ferre: Fine. Then build 6 less, and you can still do it. Mr. bean: Okay. Mrs, Gordon: You'll sell them at 1500 just as easy. Mr. Dean: I would like to have with those 1600 sq. ft.:apartments some of the amenities that go with it and what I'm speaking of is what we are placing in the basement area. Is it possible for you to give me the 1.77 and then give me some amenities tsithin the basement area; Mr. Plummer: What are you calling amenities? Mr.- Dean: Well, you are talking about the Spa that's downstairs, and its not part of the club or the apartments. Mrs.: Gordon: Give up the second club. Mr. Dean: We are talking about the Floor Area Ratio right this minute, because I think really what we are talking about is something that can be good for the Grove. Yacht Harbor has 7,000,sq. ft. I think in the basement of their building. Mayor Ferre: Be careful, me think he wanteth too much, now. Be careful. Nr. Dean: No, I am asking for the 1.77 and the 7,000 sq. ft in the basement. Mayor Ferre: What's the 7,000 sq. ft. in the basement? Mr. Dean: .That the amenities. That's the Spa those sort of things'. - Mr. Plummer: What's got to give to give you of parking spaces? What's got to give? Mr. Dean: No, sir. To give me the seven? Nothing. Its what I have on my document. Mayor Ferre; Well what are you asking for? Mr, Flunnnert What is the give-and-take? Mr, Fosmpen; The same thing he gave us before. Mr, Dean; Wait, i am not talking:about the Floor Area Ratio, Mayer Ferrel You want the two clubs, is that it? Unidentified; V4 wanta everything, Mr,Dean; 1 think it it reasonable tp extend Put the 160Q sg, ft. -the 1,77, All 00ht? That fs lot an arbitrary figure' , the tenant locker storage, the seven?'Are you speaking Mayor Fette:i kia , That wato't my statethentt Mt= bean. It is a logical a tetisitA Oh the bonus piati, Mayor fetter So fat, so good: t4ow what's this 6,0bc sq Mt,'bean That's that ate below, beeause what you ate cote of my apattmehts, That's that area below the flood Mr, Plummer: Can we do that? Mayor Ferret Attd what Mrs Dean: I'd like to Mayor Ferret You have is it you want there? have that area, not clarified for the 1,77, ft all about? doing is pulling etitetia, Mr.Plummer: Let to try to clarify it, It is my understanding that he put that stuff tow legally below the 12 ft, level, Is that correct? Mr, Dean: Mechanical services, -"that cat go below the 12 f Mr. Plutmner t Mr. Dean: No, Mayor Ferre: Unidentified: tut the Spa you can't put below? I can put the Spa below the 12 ft+ Well what are you asking for? Its tore than 1.77 F.A.R. he's asking for. cannot level. Mr. Dean: It doesn't affect the building bulk one iota.. Its in the basement. Mrs. Gordon: --same thing, --floor area ratio. Look, its midnigh goes home. Nr. Plummer; Jimmy what are you accomplishing by doing that? Mayor Ferre: Mr. Dean, I want to tell you something. I know there is a difference in thought on this, but I want to say to you thatI don't have any problem with a 1.77 because I can justify that in my mind. The. why I justify that very simply is that I believe in bonuses. I don't see any reason why bonuses should be cut off at any magic arbitrary figure. I think that is a mistake in that whole process. Now, beyond that,you just don't have me. Its just that simple, --you know, whether it is basement, sub -basement roof or any other thing. Mr. Benjamin: I think you left one thing off, your motion No. 1. Mrs. Gordon wanted to put an indemnification in it.Does that attach to that? Mayor Ferre; Yes, that is in there. Mrs, Gordon: Mayor. Ferre: Mr, Fosmoen; of 1,83. It is in there. Where are we? What 1 heard being offered was essentially a Floor Area Ratio ,,,Cinderella Mr, Rice; 1.81, Inaudible, Mayor Ferre Jimmy I understand, but you know, 1 realize that, I can't rationalize that one. The other one 1 an figure out a way to live with, That one 1 can't, Mr, Rlummer; May 1 make a stgg€stiOTt, Okay, You're tired, we're tired. 1 don't want you or Pr, Robertson or Mr. Rice to make a rash decision, 1 still think the ,deferent, to give you the room, latitude to go home and do some seriphs thinking about, to so some seriol2s oalCulat?Qns is in order, I don't wait you to wake tip tomorrow morning saying ' oh my hod, whet, did I do.' And I don't think it it fair to put you Oh the epat like that. I don't think it is fair to us, I don't think it is fait to these people lute. I see nothing wrong with it coming back ou the 22nd. It'll give you time to think about it. it'll give us tithe to think about it, and hopefully somewhere along the line I will figure 'out how that Spa got in the basement. And you know, the Mayfair will issue some scubba tanks for the lower lever parking. t don't think deferment is out of, order.1 really don't. Mts. Jordon: bo you think we should allow the other notion to stand, the one that closed the streets; without the other two being resolved tonight. 1 think we ought to remove that and let's Start from scratch on the 22nd. Mr. Plummet: To the it is itMaterial. You made a statement before you see nothing wrong with it. I don't see anything wrong with it. Mrs, Gordon: I certainly don't knots what kind of additional bargaining has to take place. It is either one club or two clubs. You are not going to have one and half clubs, or two and half clubs; or something like that. I am not going to be funny, but it just doesn't seem reasonable, A deferment cn that issue doesn't clear anything up. Mayor Ferre: Mr, Dean. Mr. Dean: I think Commissioner Plummer, the essence of it very rapidly, and the my advice to my client here at this particular moment, is hesitated, because I don't know the impact at 1.77. I would like to have that opportunity. We've already said we'd like to try and find some way to work on this club situation, and I think perhaps a deferral is in order. Mayor Ferre: Mr. Plummer makes a motion to defer. Is there a second? Mr. Lacasa: I second it. Mayor Ferre: Further discussion on item 10-C? The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 79-85 A MOTION OF THE CITY C0MISSI0N DEFERRING CONSIDERATION OF APPEAL BY J.G. ROBERTSON OF THE ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT A STRUCTURE ON T.P. 411027 ("JAMESTOWN CENTER") WITH A 1.9 F.A.R., TO THE FEBRUARY 22, 1979 CITY COMMISSION MEETING Upon being seconded by Commissioner Lacasa , the motion was passed and adopted by the following vote Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayer Maurice A, Ferre NOES; None. FEB Mts. Motdon: t believe I'd like td mdlie to rettiliSider the preViotis motion oh the street olosi3te and take everythit g up Oh the 22nd. Mayor Perre: There's a t-notit,h to reseihd the pr'eviouS motion which is 10-A tot further ooisideration. Mrs. Gordott VOt teconsidetation, to be taken up oh the 22nd with the other two items. Mr, Plummer! If it'll take. Rose sleep better, I've got tlo firoblett►. Mayor Fertet Let's second it s0 we Cat Vote. The following motion was introduced by Cotntt7issioner Gordon , who moved its adoption: MOTION NO 79-86 A MOTION TO RESCIND MOTION NO. 79-83, WHICH ACCEPTED RECOINENDATION OF PLANNING DEPT AND ZONING BOARD APPROVINC STREET CLOSURES, SAID MATTER TO BE TAKEN tJP ON FEBRUARY 22 FOR RECONSIDERATION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa. Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. NOES: Mayor Ferre. Mayor Ferre:'I don't think it makes a bit of difference one way or the. other, and I voted to close it before. I don't think it makes a bit of difference.The majoritv'of us feel that way. I am sure it is going to be that way in the future, so I vote no. Mr. Plummer: Mr. Mayor before we depart from here,.. Mrs. Gordo: We have a matter that we've detained from early in the day, J.L. Mr. Plummer:...on this matter Rose. I speak directly to the Doctor. Its his pocketbook involved. Mr. Rice and Mr. Dean are,... second place to his money. Doctor I hope you feel what I' feel is the census of this Commission:. There must be middle ground. There's going to have to be some give and take.: I would like you to lookat what damage the 1.77 if any might do to you. I` realize it is a million dollars. It might not be economically sound. I think the Mayor has maybe hit upon middle ground, that instead of having two clubs you have one club of 7,000 ft. or 6,000 ft. You know these are area that I feel that you've got to do some real soul searching to reach middle ground. I am not as learned at this gentleman here who speaks as a real estate economist, but I know dollars and cents. I know business. I am saying to you as far as I am concerned, that when you come back, --you know I want to South America and the bartered back and forth and they finally reached a point that says give me the bottom figure, --Doctor when you come back I am going to be looking for the bottom figure. That's what I'm goingto be looking for,Then it is up to me to make a decision that I feel is right. Mr. Davis; Did you have a motion for deferral on that? Mayor Ferre; Yes. No, he's talking about 10-A, Mrs, Gordon: Ten -A defer, We were just rescinding, Mayor Ferre There's a motion to defer 10-A, Mr. .aCasa; I Second it, a The ioilowiug motion Wat ihtrbduted by CotMissiofier Gordon , who moved its adoption: MOTION NO, 1947 A MOTION OF Tilt CITY COMMISSION DEFERRING CONSIDERATION of APPLICATION BY JaG, ROBERTSON POR VACATION AND CLOSURE OF CLARK COURT & DEL MONDE STREET, ETC. ("JAMESTOWN CENTER") TO THE MEETING OF FEBRUARY 22, 1919 Upon being seconded by Commissioner Lacasa , the motion Was passed and adopted by the following Vote - AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None: MAYOR FERRE CONVEYS REQUEST BY MIKE SIMONHOFF TO BE CONSIDERED FOR FUTURE DEVELOPMENT ACTIVITY IN ZONING IN THE "MASS TRANSIT CORRIDOR," REQUESTS OF THE ADMINSTRATION TO INQUIRE IF APPOINT- MENTS BEING MADE Ma.or rerre: Mike Simonhoff wrote me a letter back in October that he wanted to be considered for the future development activity in zoning in the :.ass Transit corridor. Is there such a committee? Mr. Plumer: Yes, there's a Station Advisory Committee. Mayor Ferre: Do we appoint people to that yet? Do we appoint those people or don't we? Mr. Fosmoen: I believe it is Metro that's appointing them. Mr. Plummer: That's an individual station,... Mayor Ferre: Would you -find that out, and let me know. Mike Simonhoff wants to go on, and if that's the case I want to appoint him. COMMISSION REQUEST OF CITY ATTORNEY TO REPORT ON COURT:HEARI:NG IN CONNECTION WITH LAWSUIT FILED BY AL SAKOLSKI AGAINST THE CITY IN CONNECTION WITH THE GROVE KEY MARINA,LEASE AGREEMENT. Mrs. Gordon: Mr, Mayor would you ask Mr. Knox to proceed with. what I asked him for earlier in the day, and you said we'd take it up after the Zoning and I want you to take it up now. Mayor Terre;Sure, Mrs, Gordon. I want Mr, Knox to discuss or tell us specifically what took place last Sunday's hearing, what the implication is, what else there is for us to discuss right now about that, Mayor Ferre; Mr, Knox, Mr, Knox; I can't tell you what took place, There was n trial of a Lawsuit which was brought by Mr, Al Sokolsky which attecked the provisions of the lease .agreement between the City of Miami and Grove Key Marina, Inc, After a trial the court determines specifically, and that the only specific determination that the court Trade, that where there is to be a lease of at -75 L 1 107,9s City owned property to a private individual, that these leases dust be co mpetitive,they are based upon a competitive selection process, As to the implication it is very difficult to deterMine what the implications of the judge's order are, until toe have an opportunity to tevieta his written order, He could, for example limit his determination to the facts which were present to him and to this single cage, he could make a determination about leases generally, he could hake a determination as to whether or not the city Commission when it adopted those appropriate Code provisions intended that the preseht bidding procedures be associated with leases of land even though the Code is silent as to that► He could make some determination as to questions which were raised about a lease offset arrangement as against the imposition Of ad valorem taxies, die could make a determination as to the powers of a municipality to lease its orooerty to Orivate entities for certain kinds of uses to include a restaurant and cocktail lounge. The precise holding that the court made, on Sunday was on these facts1he determined that the lease agreemctit which was entered into between the City of Miami and Grove Key Marina for the development of a restaurant and cocktail lounge was null void because the City did not first engage in competitive bidding in selecting that corporation for the construction and operation. Mrs. Gordon: Okay. On January 27, 1977, in response to my question to you which was, "George, do you have any response to this question,--withregard to a 30-year lease, whether its legal." Your response was,"Yes, there's no necessity to engage in competitive bidding", number 1 and number two, "A 30 year lease is permissible." And there's quite a lot of dicsussion. You reiterate on more than one occasion at that time, when we enteredinto that 30 year lease that it was what we ought to be doing. Now we rely, on you specifically as you noticed today in several areas upon your legal decision. Now, I don't think that you make rash determinations. At least 1 hope you don't because you place us in a very embarrassing position when we rely on your legal judgment and your legal judgment is wrong. So I realize that you are waiting for the court, --what do you call that you are waiting for?,.. Mr. Knox: Waiting on its written order. Mrs. Gordon: Written order. When do you expect that written order to come, to you ?' Mr. Knox: Either today or Monday at the latest And 1 might indicate that I don't concur in the belief that my legal, judgment, was wrong based upon the reading of the Code and Charter, and a case that construed this specific provision of the Code and Charter which appears in the Charter and specifically states that leases of land are not subject' to competitive bidding and an examination of the Charter will that case at the following Sec. 3 f of the Charter, Sec. 53of the Charter, Sec.- 16-20, 21 & 22 of the Code. Mayor Ferre; Furthermore as I understand, reading back in January 27, 1978, what we were in`effect doing was permitting a further usage of the property that those people already had under lease. For example, if they, had come. and said that they wanted to put up another building to store another 50 boats, they would have come to us for that. And instead of getting another building to put up another 50 boat storage, they cameand ask us to put up a restaurant in that location. I think the question' really is whether they were entitled to do anything on that piece of property. I don't think. that they had the lease on it, Mrs, Gordon. They only had an B-year lease Mr, Mayor, We at that time extended it for 30 years, Mayor Ferre; I realize that Rose but the point' is that we all voted for that based on, I understand, on the conclusion, a legal basis that Mr. Knox ruled on, But the point simply is that there was no waY.we could have gone Put for competitive bid for a restaurant there,if those people had the lease for B years.. 1 mean that's just absurd on the face of it, Mrs, Gordon; Apparently we have been led down a primro;;P path and I believe that further discussion will have to wait until the PQurt's order is d@Livered to you, And 1 would expect that you would notify us as sC011 as 76 you receive it. Mayon l'erre:And I would Sue that beyond that after we deliberate wte also have to deoide whether we are going tel appeal that or Mitt Mrs, Gordon: I don't ktibw how you feel about it, but I know how= I do and I' 11 e5 press myself in greater death at that tithe 14. COMMISSIONER ROSE GORDON QUESTIONS MAYOR VERRt TR ktSPECT TO STATEMENTS MADE ON W.Q.B,A. Mrs.,Gordon: I would' like to ask you something Maurice if. I may even though it is after 12 o'clock, On `N.Q,$ A. last evening I understand that you had an interview show at,which time you said:that, and I quote only what was told to me, because I didn't hear it that I was under total control of the Miatni Herald and'that I receive a telephone call: - from Juanita Greene foreach of the Commission Meetings: Mayor Ferre: No, no,..that is not what I said. Mrs. Gordon: Now, if that is what you said, I want you to either affirm it or deny it. Mayor Ferre: I deny it. That's not what I said. that. Mrs. Gordon: I ask you what you said then. Mayor Ferre: Well I didn't say that. Mrs. Gordon: Well what did you.say? Mayor Ferre:'I said that there has been occasions when you and Juanita Greene had discussed matters that were pending before the City Commission. said something similar to Mrs. Gordon; When was that Mayor Ferre? Since you know more than I know,... Juanita Greene and.I haven't talked to each other I think in two years. Mayor Ferre: Of course not, she hasn't been around in two years. Mrs. Gordon: Then why would you bring that up on the air yesterday as if it were a current conversation or whatever, I have not talked with Juanita Greene or Fred Sherman or anyone else from the Miami Herald on any occasion, and certainly.I am not under control of the Miami Herald, or you or my fellow Commissioners, or anybody else. And I resent it, because both you and Mr. Lacasa apparently', have decided that you are going to take this approach in the Latin media', Mayor Ferre; No, English,..,in'English. I want you to watch Channel 10 on Saturday. That's all in English, and 1 said the same thing. Mrs, Gordon; Well stick to the truth and don't tell any lies. Mayor Ferre; Mrs. Gordon may I ask you since we are going on this on the record,,,. Mrs, Gordon; That's why I'm putting it on the record, because this is matters that concern we,, Mayor Ferre,, May 1,. Mrs, Gordon; .. 1 want to finish,=1,Mr. Lacasa you again gave an interview to ae o€ the Spanish papers in which you said basically the same thing as the Mayor that 1 am under the control of the Miami Herald. that terrible paper dr wntown, ,, several other things were in that pApe ', and it was intarpratcd 77 far tne, f Astute the interpreter knew how to interpret the Spanish into English, I will tell you here and now, that I at under nobody's oohttol, and nobody tall§ me tel direet The Oh haw to Vote ah any issue At any tithe, Mayor Perte: All right. Now, its my tutu, light? Mr. Plummer: I am not involved. Can I leave? Mayor Vetre: Haven't you in the past, lose, talked to Juanita Greene about itnportant tatters pending before the City of Miami COmmission? Mrs, Gordon No. Mayor Ferre: At no time ever? Mrs. Gordon: I don't recall any. If you knob`' of any, you tell the what ones you are talking about and I'll tell you whether its trite or not. Mayor Ferre: I specifically rernetnber.about 4 years ago when you were on the phone on something and I ask you and you said that were talking to Juanita Greene. Mrs Gordon: If it was 4 years ago, Juanita Greene worked on the Child Dcy Care Committee for the City of Miami and she was a committee member Yes., she was interested in the Day Care Programs. We were putting Day Care into place in those days, and that was not a timely subject for yesterday's discussion on W.Q.B.A. Thank you very much. Mayor Ferre: Anything else to come before the Commission? ADJOURNMENT: There being no further: business to come before the Commission at this time, the:meeting was adjourned at 12t23 o'clock A.M. ATTEST: RALPH G. ONGIE CITY CLERK MATTYHIRAI ASSISTANT CITY CLERK iiitelo WW1 16 46 IND DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT GRANTING VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 19(2) AND ARTIVLE V, SECTION 3(3)(a) GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI-2, SECTION 1(e) GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI-2, SECTION 3 (1) (b) 6 AND 9(3) GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (b) OFFICIALLY VACATING AND CLOSING SKYLINE DRIVE AS PER TENTATIVE PLAT NO 1031 ''L' HERMITAGE APPOINTING WELLINGTON L. ROLTR AN ALTERNATE MEMBER OF THE CITY OF NIAMI ZONING BOARD TO FILL MR. JOSE A. VILLALOBOS' UNEXPIRED TERM AMENDING THE CODE OF THE CITY OF MIIAMI, CHAPTER 34,. SECTION 34-63 PARKING LOT REVIEW BOARD. MEETING LATE: COMMISSION RETRIEVAL ACT! ON _CODE__NOi R-79-78 R-79-79 R-79-80 R-79-81 R-79-82. 0015 0016 79-78 79-79 79-80 79-81 79-82 0017