HomeMy WebLinkAboutZB Appeal Letter & Supporting DocsFebruary 23, 2008
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Attention:
Teresita L. Fernandez
Exec. Secretary Hearing Boards
City Of Miami
On Behalf of Eclectic Developers, Inc. this letter intent to appeal the decision of
cancellation of our permit 08-0138 issued by Mrs. Ana Gelabert Director of Planning
Department of City Of Miami on November 11, 2008. This permit was granted with
condition (see copy attach).
The Zoning Board Review on February 9, 2009 has granted a cancellation of this
permit on appeal made by Mr. Paul J. Schwiep attorney of Mr. & Mrs. Lange.
We have agreed on must of the requirements by their lawyer, except on provide a
design a plan abatement noise level on this particular property.
We are going to hire a sound expert to provide us a plan to reduce a noise level
that guarantee our neighbors any complain for noise in the future.
r
A4 46 -'o Comas
President of Eclectic Developers, Inc.
STATE OF FLORIDA
COUNTY OF DADE
The foregoing was acknowledged
__� by d 24 F. Oc?m ol F
(�17ZI ra A Rojas, Notary Publ'
114 before me this �� day of ��,Pf%
e is personally known to me.
n�Y ri' SARA A, ROJAS
*r MY COMMISSION # DD 607146
EXPIRES: November 4,2010
Bonded Thru Notary Public Undenmtere
CITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
File. No. 08-0. 38
To: Oscar familia
7390 SW 56th Street
Miami, FL. 33155
From: Ana Gelabert, Director
Planning Department
PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (Restaurant)
Address: 3484 Main Highway, North East Coconut Grove
Final Decision:
❑ Approval
Q Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class 11 Special Permit pursuant to Article 6, Section
602.3.1 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. Section
602.31 states explicitly that a Class II Special Permit shall be required prior to approval of any permit
affecting the location, relocation or alteration of any structure, sign, awning, landscaping, parking, area
or vehicular way visible from a public street or waterfront walkway.
Pursuant to Section 1301.2 of the above-cited Zoning Ordinance, the Planning Department has made
referrals to the following Departments and Boards.
• Zoning Division, Zoning Department.
• N. E. Coconut Grove NET Office, Neighborhood Enhancement Team.
• UDRB, Urban Development Review Board.
Their comments and recommendations have been duly considered and are reflected in this final
decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following
findings have been made:
FINDINGS
• It is found that the proposed project is a commercial building (restaurant) with parking area on the
rear.
• It is found that the Internal Design Review Committee initially reviewed the proposed project on May 13,
2008. The committee recommended sending it back to the architect in order to give the opportunity
to respond to the committee comments.
• It is found that a modified project was reviewed and recommended approval with conditions by the
Internal Design Review Committee on September 29, 2008.
• On October 15, 2008, the Urban Development Review Board reviewed and recommended
approval with conditions the subject proposal.
• On November 5, 2008, the applicant submitted a modified project, which addressed the conditions
of the IDRC, UDRB and Planning Director's comments.
• It is found the design proposal complies with the Section 602.4.1.2 of the City of Miami Zoning
Ordinance specifically in reference to the frontage of a lot on a pedestrian street; sixty five (65) %
is required for uses permitted under Section 602.4.1.1.
• It is found that the parking requirements (45) will be provided as followed: eight (8) parking spaces
on site, six (6) parking spaces will be purchased from Miami Parking Authority and thirty-one (31)
parking spaces rent from Miami Parking Authority.
• It is found that any noise generated on the site shall conform to the city code noise regulations
• It is found that with regard to the criteria set forth in Sec. 1305 of the City of Miami Zoning
Ordinance, the application has been reviewed and found sufficient except for the issues listed
above and contains in the conditions.
Based on the above findings and the considered advice of the officers and agencies consulted on this
matter and pursuant to Section 1306 of the Zoning Ordinance, the subject proposal is hereby
approved with conditions as presented in the plans and supporting materials submitted by the
applicant and on file with the Planning Department and further subject to the following conditions:
1. The Class II approval is conditioned on a full review by the Office of Zoning, any substantial
changes that arise due to zoning comments will require a new Class II Special Permit; minor
changes due to zoning comments shall be considered substantially in compliance with this
approval.
2. Any noise generated on the site shall conform to the city code noise regulation.
3. The pedestrian sidewalk realm shall remain at a consistent height throughout and shall be
maintained with a consistent, recognizable pattern, which shall continue across the vehicular
entrances.
4. The applicant shall provide the Planning Department with a temporary construction parking plan,
with an enforcement policy and a construction noise management plan with an enforcement policy.
NOTICE
The final decision of the Director may be appealed to the Zoning Board by any aggrieved party,
within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee
with the Office of Hearing Boards, located at 444 SW 2nd Ave., 7th Floor, Miami, FL. 33130.
Telephone number (305) 416-2030.
Signature Date % C/�
Ana Gelabert, Dire
Planning Department
DESIGN REVIEW CRITERIA
(1) Respond to the physical
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots
should be oriented to the corner
and public street fronts.
(1) A project shall be designed
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood
context;
(3) Create a transition in bulk
and scale;
(4) Use architectural styles
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
(1) Promote pedestrian
interaction;
(2) Design facades that
respond primarily to the
human scale;
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
Yes. Yes.
Yes, Yes.
Yes. Yes.
II) Architecture and Landscape Architecture:
Yes
Yes.
Yes.
Yes.
Yes,
III) Pedestrian -Oriented Development:
Yes.
Yes.
Yes.
3
Yes
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
(1) Provide usable open space
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
(1) Design for pedestrian and
vehicular safety to minimize
conflict points;
(2) Minimize the number and
Width
(1) Provide landscaping that
screen undesirable elements
(2) Building sites should locate
service elements away from
street front where possible or
screened from view
(3) Screen parking garage
structures with program uses.
IVStreetscape and Open Space.
Yes
Yes
V) Vehicular Access and Parking_
Yes.
Yes.
VI) Screening;
Yes
Yes
Yes
4
Yes
Yes
Yes.
Yes.
Yes
Yes
Yes
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared
,4_00(Lo IL CaMAS , who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public
hearing application as required by the Code of the City of Miami, Florida, affecting the
real property located in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/she represents, if any, have given his/her full and complete
permission for him/her to act in his/her behalf for the change or modification of a
classification or regulation of zoning as set out in the foregoing petition,, including or
❑ not including responses to day to day staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current
names, mailing addresses, telephone numbers and legal descriptions of the real
property of which he/she is the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in
conjunction with this affidavit, are true and correct.
Further Affiant sayeth not.
,4ZTU(_o T, Co &(A 45
Applicant(s) Name
Applicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this Z day of
20 , by _ 4-72T v d-0 7' (—r) -- 4-_1
who is a(n) individual/partner/agent/corpor on of
a(n) individual/partnership/corporation.She is personally known to meter aaho
has ffedtaeed as iden 'ficatlon and w id (did not) take an oath.
"'Y 11" SARA A. D
MY COMMISSIONN # DD 607146.
(Stamp) A''�: EXPIRES: November 4, 2010
b Bonded Thru Notary Public Underwriters Signature
Pf 0`
4 Rev. 12-16-08
February 24, 2008
The City Of Miami
City Hall
3500 Pan American Drive
Miami, Florida.
This letter is to confirm that Eclectic Developers, Inc. has appointed Mr. Oscar Familia,
to represent the company before the City Commission of the City Of Miami.
In witness whereof, I have set my hand and seal as president of Eclectic Developers Inc.,
in Miami, Florida, this 24th. Day of February 23, 2009.
-D
Arturo Comas
President of Eclectic Developers, Inc.
Signed and sealed before me, a Notary Public, in Miami, Florida, February 24, 2009
w
Notary Public- State of Florida.
v�
SAI v. A. ROJAS
'.
MY Cr `1MI, SV,J UU 607146
t ber4,2010
1-; a ..'_bhc Underwriters
..�».:ns.,rr-ate:+e•�:%.x:-
DISCLOSURE OF OWNERSHIP
1. List the owner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of all parties having a financial interest, either
direct or indirect, with respect to a presentation, request or petition. Accordingly,
disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their address(es) and proportionate interest are
required. Please supply additional lists, if necessary.
Owner's Name(es)
Percentage of Ownership
Subject Property Address(es) �;2?4 �� MAI KI + W
LOC -6a Vit. UT _DoUe , ® te (l
2. List all street address(es) and legal description(s) of any property located within 500 feet
of the subject property owned by any and all parties listed in question #1 above. Please
supply additional lists, if necessary.
Street Address(es):
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Owner(s) or Attorney Name
Legal Description(s):
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Owner(s) or Attorney Signature
Attorney
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The -foregoing w s know) c�g d before me this --✓ day of
20 1/7 by
who: a(n) indl iduallpartnerlagent/corUra., 'on of
a(n) individual/partnershiplcorporatione is
has produced as identlficatlon and/who d
NOTARY "Ll
0-ST/T OF FLORIDA
(Stamp)Dorfame Edith Mulindwa
Commission # DD469270
biros: MAY 15, 2009
Bonded Tiuu Atlantic Bonding Co., Inc.
known to a or who
ot) t$ke an__Qatfi--)
6 Rev. 12-16-08