HomeMy WebLinkAboutApplicant Letter & Supp DocsBILZIN SS' UMBERG BAENA PRICE & AXELROD LLP
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
200 SOUTH BISCAYNE BOULEVARD, SUITE 2500 • MIAMI, FLORIDA 33131-5340
TELEPHONE: (305) 374-7580 • FAX: (305) 374-7593
E-MAIL: 1NF0@BILZFN.COM • WWW.BILZIN.COM',
A. Vicky Garcia -Toledo
Direct Dial: 305-350-2409
Direct Facsimile: 305-351-2233
E-mail: vote bilzin.com
May 7, 2004
Via Hand Delivery
Ms. Teresita Fernandez, Director
Hearing Board Section
City of Miami
444 SW 21,d Avenue, 7th Floor
Miami, Florida 33128
Re: 2947-49 S.W. 22" Terrace, Mianti, Florida
LETTER OF INTENT
Dear Ms. Fernandez:
This filth represents the owners of the above -referenced property with respect to certain
matters, including the instant request before the City of Miami for a modification of the
Declaration of Restrictive Covenants, dated September 18, 1992 ("Covenant").
In 1992, the City of Miami changed the zoning classification on the above -referenced
property from Duplex Residential to Restricted Commercial. As part of this change, the property
owners covenanted to establish a landscaping buffer and an eight -foot high CBS block wall
along 22"d Terrace frontage. Additionally, the owners agreed to prohibit vehicular access to the
property to and from 22"d Terrace.
At that time, the owners enjoyed the use of surplus parking at the foittner radio station to
the west for overflow. Since then, the fowler radio station was sold and a large mixed use
development has been constructed, as shown in the attached aerial photograph. The owners of
the Latin American Cafeteria ("Cafeteria") have suffered the loss of parking. Currently, the
parking area for the Cafeteria has access for ingress and egress on Coral Way. It is evident that
the change in circumstances, not only along Coral Way, but particularly along 22"d Terrace,
warrants a change to the Covenant.
New development along Coral Way has increased trip generations. Approximately 80%
of the property along 22"d Terrace between 29th Avenue and 31st Avenue is now zoned
674737
BILZIN SLIMBERG BAENA PRICE & AXELROD LLP
Fernandez, Teresita
May 6, 2004
Page 2
commercial. The majority of current neighbors s upport the access to the Cafeteria from 22nd
Terrace (please see attached petition signed by twenty-one neighbors on 22nd Terrace).
Therefore, we respectfully request an amendment to the Covenant.
The proposed amendment shall permit the relocation of the CBS block wall to the
property's edge along 22nd Terrace with an exit only opening to provide an ancillary exit onto
and pedestrian access (requested by neighbors along 22nd Terrace) from 22nd Terrace. The
frontage along 22nd Terrace shall be landscaped. The owner shall obtain appropriate building
permits and bring the property up to Code.
Therefore, we respectfully request your favorable review and approval of this
modification to the Covenant. As always, if you have any questions or need additional
infounation or documentation, please do not hesitate to contact me at (305) 350-2409.
A. V Garcia -Toledo
674737
TIN A ERI • N
Restaurant - Cafeteria
LUAR, INC.
Corporate Office
2732 SW 27 Ave
MEami, FL 33145
Tel: (305) 448-7331
Fax: (305) 448-7032
March 10th 2004
Re: Access through S.W. 2211d Terr
Dear City of Miami Commissioner, Mr. Tomas Regalado:
As per our brief conversation outside City Hall on Monday March 1, 2004
regarding the situation with the entrance and exit of the parking area of
our restaurant, Latin American Cafeteria located at 2940 coral way, I
was able to comply with your recommendation. After great effort, I
obtained consenting signatures from most of the neighbors located on
the street allegedly affected by the new exit on, SW 22 Terr. of our
business.
To my surprise, I found through this process that most of the neighbors,
with the exception of maybe two that did not agree (2936 SW 22 terr
which holds a sewing school at home, and 2950 SW 22 terr which
converted a house to recording studio) and maybe three that were not
home and a couple that are vacant addresses, are all in favor of the 22'd
Terr. exit of our restaurant. In addition, these friendly neighbors
mentioned how convenient it was for them to be able to walk to the
restaurant from their homes and not have to drive around the block. The
consenting neighbors also mentioned how comfortable it was for them to
walk across to the nearby pharmacy (Cardenas) which they have visited
for years. Many times they do not want to cook dinner, so they find it
quite comfortable to pick up some traditional Cuban food from our
2940 Coral Way
Miami, Florida 33145
(305) 448-6809
2740 SW 27 Ave
Miami Florida 33145
(305) 445-9339
1750 W. 68th Street
Hialeah, Florida 33014
(305) B22-7412
restaurant, or if they are sick, some of our traditional chicken soup, "next
best thing to home cooking." Now, it would be a 10-minute walk away.
Most of these neighbors are home during the day. Most are older citizens
that like easy access to their neighborhood establishments. We, as you
well know, have been part of this neighborhood for more than 35 years
and enjoy serving familiar faces as well as new comers, but we cherish
those whom practically grew up eating at our restaurant. Now their
children and grand children come to eat with us. You are one of those
individuals. Remember? So are our surrounding neighbors.
also realized by walking through all this area in order to obtain their
signatures, that cars mostly exit through this side, 22nd Terr. and most of
all at an average of maybe one or two every 15 to 20 minutes, and this
was during lunch.
Otherwise, traffic is very slow to none at all. You see, 22nd Terr has a
right turn only at the intersection of 22 terr and 27 Ave. and a right turn
only at the intersection of 22 Terr and 32 Ave. Most of the people of our
neighborhood if not all, are aware of this. So the traffic that is traveling
through coral way is not going to cross through our restaurant to get 22
terr and find traffic from Publix, Total Bank, and Washington Mutual Bank
to slow them down and then be faced with a "right turn only" at 27 Ave.
Or find that they have to turn right at the 22 terr and 32 Ave. and be
stuck at the light of 32 Ave and Coral Way for a while.
The opposing traffic going west -bound on Coral Way, has much less of a
reason to cross through our property. Plus, there are no "U" turns allowed
on most of Coral Way, and in order for that traffic to cross through our
property, it would have to make a "U" turn, come around and then go
through our property. As you know our business is on the south side of
Coral Way, the traffic that comes to our restaurant is traveling east bound
on Coral Way.
In addition, Mr. Commissioner, I also realized that all of our customer do
not arrive and leave at the exact same time like the traffic of a school.
While one customer is leaving, there are 20 or so sitting down eating.
Thus the traffic flow is of very little significance.
1 strongly urge you to consider my request and honor the signatures of
my neighbors, which I am most humbly submitting to you.
With all the construction that is taking place on Coral Way, on 27th Ave,
and in most of this area, I don't think that we are asking for much. After
all, you are surely aware that after 10 years of business in the 27 ave and
27 Street location, we have to close our doors there soon due to new
construction. There will be approximately 80 to 85 people without
employment soon because of this. If we do not have enough customers
for our staff at the 29 ave and Coral Way location, we will be forced to let
go more employees. Some of which have been with us since they arrived
in this country. Most of which do not Know how to speak English. A lot
without a college or technical school education.
Please allow us to facilitate a comfortable parking area for our loyal
customers and easy access to and from the restaurant.
Also, consider the safety issue of cars backing into the heavy traffic of
coral way to exit our restaurant. Specially during traffic hours in the
morning and at lunch time.
Following please find the signatures of 21 families, agreeing with, or in
favor of, the access through the 22 Terr exit of our restaurant.
I ask the City of Miami and our commissioner, Mr. Tomas Regalado for
help in this matter. This matter not only affects our business, but affects
the traffic on Coral Way, specially after all the new buildings that house
all the added families with cars that are on Coral Way, and the many more
to come in the near future.
If you allow us to have access through 22 Terr l feel that it would be
favorable in many ways. Definitely for our customers, our neighbors, the
employees of Latin American Restaurant, the traffic on Coral Way, and of
course our business.
Most respectfully,
Cc/Luis Gomez -City of Miami inspector
Office of Code Enforcement
Folio: 041160090210
Cc/Erwin Gonzalez -Chief of Opperations
City of Miami -Code Enforcement
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AFFIDAVIT
Before me, the undersigned authority, this day personally appeared A. Vicky Garcia -
Toledo, Esq., who being by me first deposes and says:
1. That she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code o f the City o f
Miami, Florida, affecting the real property located in the City of Miami, as described and
listed on the foregoing pages of this affidavit and made a part thereof.
2. That all owners which she represents, if any, have given their 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 accompanying petition, ❑ including
responding to day to day staff inquires; ❑ not including responding to day to day staff
inquiries in which case he/she should be contacted at 305-350-2409.
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of
which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
A. Vicky Garcia -Toledo, Esq.
Applicant Name
17319011709014 675356 v 2
5/7/04 11:26 Ail
Applicant 4gnature
A. Vicky arcia-Toledo, Esq.
Attorney for Owner
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 2 day of Ai(
20 is -by A. Vicky Garcia -Toledo, Esq. who is a(n) individuaUpartner/agent/corpor, ion of
a(n) individual/partnership/corporation._Sbe i.
personally known to me or who has produced as
identification and who did (did not) take an oath
(Stamp)
ELIZABE H ORiTIZ
rt _ MY COMMISSION # DD 164469
±► oP EXPIRES: December 17, 2006
iFccn•ad P clear i insuranM Agency
173190117O901 # 675356 v 2
5/7/04 1 1:26 AM
DISCLOSURE OF OWNERSHIP
1. Street address and legal description of subject property:
See Exhibit "A"
2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code
requires disclosure of all parties having a financial interest, either direct or indirect, in the
subject matter of a presentation, request or petition to the City Commission. Accordingly,
disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their addresses and proportionate interest are required.
(Please supply additional lists, as applicable.)
Owner's Name Raul Galindo (100%)
Mailing Address 9441 S.W. 103 Street Zip Code 33176
Telephone Number
3. Street address and legal description of any property (a) owned by any party listed in
answer t o q uestion # 2 a nd (b)located w ithin 5 00 feet o f t he s ubj ect p roperty. ( Please
supply additional lists, as applicable.)
Street Address Legal Description
2940 SW 22nd Street See Exhibit "B"
A. Vicky Garcia -Toledo, Esq
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner or Attorrr y for Owner Signature
A. Vick Garci Toledo, Esq.
Attorney for Owner
The foregoing instrument was acknowledged before me this day of
2( by A. Vicky Garcia -Toledo, Esq. who is a(n) individual/partner/agent/corporation of
6 i— 4 r I) ` a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp) Si
173190117090\ # 675356 v 2
517/04 11:26 AM
atu
E! IZA13ETH ORT,
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EXPIRES: December 17, 2006
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ekgency
Exhibit "A"
Lot 30 less the South 11 feet, Block 2, Amended Plat, MIAMI SUBURBAN ACRES, Plat Book
4-73 of the Public Records of Dade County, Florida, a/k/a 2947-49 S.W. 22nd Terrace.
Exhibit "B"
Lots 5 and 6, in Block 2, AMENDED PLAT OF MIA'VII SUBURBAN ACRES, according to the
plat thereof, as recorded in Plat Book 4 at Page 73 of the Public Records of Dade County,
Florida, together with the improvements thereon, together with a reservation in Lot 30, Block 5
of the aforesaid Amended Plat ofMIAMI SUBURBAN ACRES, for an easement for ingress and
egress to maintain septic tank system and drain field. A/K/A 2940 S.W. 22 Street, Miami,
Florida.
•
92W60717 1992 SEP 2E 16:09
p 1 566:3ItOT 16
DECLARATION OF RESTRICTIVE .COVENANTS
This Declaration of Restrictive Covenants (the "Declaration")
wade this .2? day of .✓ .!1992, by Raul and Luis Galindo
(the "Owners"), in favor of the City of Miami, Florida, a
municipality of the State of Florida (the "City").
W ITNESSETH
WHEREAS, the Owners hold Fee -simple title to certain property
in the City of Miami, Florida, located at 2947-49 S.W. 22nd
Terrace, Miami, Dade County, Florida, and legally described as Lot
30, less the South eleven (11) feet thereof, in Block 2, of AMENDED
PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as
recorded in Plat Book 4, at Page 73 of the Public Records of Dade
County, Florida (the "Property"); and
WHEREAS, the Owners are presently applicants, before the City
of Miami City Commission for a change of zoning classification`in
the Official Zoning Atlas of the City of Miami, from Duplex
Residential to Restricted Commercial for the above -described
Property, (the "Change of Zoning Classification"). and
WHEREAS, the Owners are desirous of making a binding.
commitment to assure that the Property. shall .be developed in
accordance with the provisions of this Declaration;.
NOW THEREFORE, the Owners voluntarily covenant and agree that
the Property shall be subject to the following restrictions that
are intended and shall be deemed to be covenants running with the
land binding upon the Owners of the Property, and their successors
and assigns as follows:
Prepared. by:
A. Vicky L'E ei a, sq.
Ferrell, Cardenas, „Ferte1 & Morales
1920 Hiami Center
201 South H iscayne Boulevard
Miami, Florida 33131
Phone: (305) 371-8585
1
V
•
prr. 156631161 T
P(C.
•
A. ' The recitals and findings set forth in the preamble to
its Declaration are hereby adopted by reference thereto and
zcorporated herein as if fully set forth in this Section.
Prior to the issuance of
B. Landscape Buffer and Wald,.
zy building permitson the Property, Owners shall obtain approval
f a landscape plan (the "Landscape Plan") from the City of Miami
tanning, Building and Zoning Department which Landscape Plan shall
effect a twenty (20) foot wide landscaped buffer (the "Buffer")
long the entire southern boundary of the Property adjacent to and
long S.W. 22nd Terrace. The Buffer shall contain landscaping (the
Landscaping") inclined towards an eight foot high masonry wall
the "Wall") which Owners shall construct at the northern boundary
f the Buffer, as well as on the property line at the eastern and
astern boundaries of the prbperty. The Landscaping shall be
nstalled in conformity with the Landscape Plan. The Owners, their
sirs or assigns, shall be responsible for the permanent
aintenance of the Landscaping. Maintenance shall include, but not
e limited to, removal of any grafitti from the Wall and care for
11 Landscaping within the Buffer. The Owners further agree that,
.f it becomes necessary for the City, at the City's discretion, to
aintain said Wall and Landscaping due to the Owners'_. failure to
o so, any reasonable maintenance costs, for an amount not to
xceed Five Thousand Dollars ($5,000.00) per year, shall be paid
=y the owners.' The construction of the Wall and the installation
t the Landscaping shall be completed within ninety (90) days from
he final approval of the. Change of Zoning Classification.
C. Vehicular Access Limitation. ,No vehicular access for
_Ingress or egress :shall be permitted - toor from the Property, to.
nr from S.W. 2.2nd Terrace.
D. performance Bond. Prior to the issuance of any building
'emits on the Property, the Owners shall post a Five Thousand
($5,000.00) Dollars ,Performance. Bond (the "Bond"), in a form
acceptable to the City Attorney of.the City of Miami, for a period
)f' five.'.(5)•':years from the date of this instrument's recordation
2
ac:156E32 ,
in the Public Records of Dade County, which Bond shall be forfeited
to the City of Miami if any of the conditions herein contained are
breached by the Owner during said 5-year period of time.
E. Zffective Date. If the City Commission of the City
of Miami approves the Owners' pending Change of Zoning
Classification, and after said approval has become final and non -
appealable, this instrument shall constitute a covenant running
with the title to the Property and be binding upon the Owners,.
their successors and assigns. These restrictions shall be for the
benefit of and limitation upon all present and future owners of the
property and for the public welfare.
P. an d This instrument may be
modified, amended or released as to any portion of the Property by
a written instrument executed by the then owners of the fee simple
title to the land to be affected by such modification, amendment
or release providing that same has been approved by the City of
Miami Commission after public hearing, which public hearing shall
.be applied for and at the expense of the 'owners. Should this
instrument be so modified, amended or released, the Director of the
City's Planning, Building and zoning Department or his successor,
shall execute a written instrument in recordable' form -effectuating
and acknowledging such modification, amendment of release.
G. Term of Covenant. This voluntary covenant on the part
of the Owners shall remain in full force and effect and shall be
binding upon the owners, their successors and assigns for an
initial period of thirty (30) years from the date this instrument
is recorded in the public records and shall be automatically
extended for successive periods of ten (10) years thereafter unless
modified, amended or release prior to the expiration thereof.
H. InsneCtion and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the right
at any time during normal working hours of entering and
investigating the use of the Property to determine whether the
conditions :of this Declaration and the requirements of the City's
3
•
•
Oi�•yr61.5663 V ,
f.LL•
•
building and zoning regulations are being complied with. An
enforcement action may be brought by the City or by any property
owner within 375 feet of the Property and may be by action at law
or in equity against any party or person violating or attempting
to violate any covenants of this Declaration, or provisions of the
building and zoning regulations, either to restrain violations or
to recover damages. The prevailing party in the action or suit
shall be entitled to recover costs and reasonable attorneys fees.
This enforcement provision shall be in addition to any other
remedies available under the law.
I.
y rability. Invalidation of any one of these covenants
by judgment of Court shall not affect any of the other provisions
of this Declaration,..which shall remain in full force and effect.
3. Eecording. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
IN WITNESS WBERROF, the undersigned have set their hands and
(�, , �Swy3�jPf• gg�.
seals this day of
Witnesses:
STATE OF FLORIDA
COUNTY OF DADS
3
)
SS:
Before me, the undersigned authority, personally appeared RAU
GALINDO, who acknowledged on this day of 54e
-o" nstrument for the p rrpmges
19 9y'r that ][se" executed the foregoing ,..�y...:..,. !",;':
expressed therein. ;
�''�
f, + 4 ..f
My commission Expires:
NOTARY FUVE 1C Sons Q PtOtltM
MY COMA ON IDT.AiJG. SJ TMS
IGNDE 11-12 7 L3NIDIAL•INS UND.
4
aErc [566310 •
Witnesses:
STATE OF FLORIDA
COUNTY OF DACE
}
SS:
Before me, the undersigned authority, personally appeared LUIS
GALFDO whd acknowledged on this day of
f
19 that he executed the foregoing instrumen
expressed therein.
MyCommission_Expires:
NOTARY J UC STATE OP atatD.A
wycoloaseoworAE XlRf 5
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1.0040 Marne
1
M Y-26-2004 01:21 TOTAL HANK
Rdum er. iwr•n• momm wm 4 Ompew iN'+ti'rP•)
toning AleiRMut Nuetez. PA
Adewee 250 ON7lda Avalwm
Coral Gables, FL MU
Thv.m.eu.neeN �P•zae i,y Alcjadro Nunez, Esq.
warm AIslMidro Nunez. P.A. •
250 Oirefda Avenue
Coral Gables, FL 33184
Property Apprauaea PrmR termatuuee i Nkanbarf■): 01.e11d.vixfi+xv91
RAW W RAUL 6ACJNrJo 92O.4d.4436
SPACE ABOVE THIS t 4EFOR PROCE$S 1 DATA
3e5 3'734371 P.02
)1R38 1.9'68 2001 JUL 19' 11.44
UOCSTPDEE 60.00 SURTX 0.00
HARVEY RUVIN► CLERK OAK COUNTY' FL
SPACE ADOYE 11-OS LINE FOR RECORDING DATA
This Quit-Clainb Deed, Executed this / 1 da)N of / A.D.2001, by RAUL GALINDO, a Married Man
and MADEL41NE GALINDO, an unmarried woman. first to UL GALINDO, a Married Man whose post office
address is 9441 SW 1034 Street Miami, Florida, 33176, second party:
fififiefeWe ueee warty the temr 'firs[ party' IP* *n4rone we( OWEinf..tle sinter me paxrL Mire. legal repranenleve., and swears d i diNkla 11S, and the iVCC.iSIXi end eaufi +e
emperations, wherever Weoontsaeaadenelarequired)
T` ituSeth. that the .said first party, for and in consideration of the sum of S 10.00 in hand paid by the said second
party, the receipt whereof is hereby acknowledged does hereby remise, release and quit -claim unto the said second party,
forever. ail the right. title, interest, claim and demand which the said first party has in and to the following described lot,
piece or parcel of land situate, lying and being to the County of Dade, State of Florida to -wit:
Lot 30 less the South 11 feet, Block 2, Amended Plat, Miami Suburban Aces,
Plat book 4-73 of the. Public records of Dade County, Florida.
This Quit Claim Deed is executed pursuant to the terms of the Marital Settlement
Agreement filed in Galindo vs. Galindo, Case number 98-22918 FC (19)
SUBJECT TO: I) Conditions, restrictions, limitations, easements and zoning ordinances, if any, but
reference hereto shall not serve to reimpose same.
2) Taxes and Assessments for the current and subsequent years.
To Have and to Hold The same together with all and singular the appurtenances thereunto belonging an In
anywise appertaining, and all the estate, right title, interest lien equity and claim whatsoever of the said first party, either
in law or equity, to the only proper use, benefit and behalf of the said second party forever.
hereof, The said first party has Al „ sea.
e CC. S'zi,eireyttcy
Primed Nix
STATE OF FLORIDA
COUNTY OF DADE
Gm** Sipa:we
PAin CIA( iNno
Pri iadn.m.
NUM SW ftlifa AYR
Peet Offs
Printedatme
1l M SW Sam crri MaT POSCAFST 6i (M um
Pact Office Mims
MALE. F1 t>KmA' i2
e day and year first above
The fuae8dit►g i god before me this t 81. day of `1411 2001 ,ByRAUL
GALINDO, and TAt?ELAINE GAUNQU who personally known to me or who have produced a Erstuowa
[ulnae as idcntificafian death.
Norma B. I'rrrn 10
.5Cumm!ssion h CC g85372
Expiers ion. 15,2005
3'i"nFc�
Mbnilea Thni
tl Rml line, Co., be.
My Commission Expires: State of Florida, At Large t
Raal.elatiountiIde ciao la Gulitde 2847.46SW 22 Ten. Duplex
NOTARY PUBLI
rAugg tuniN-,
Prize Name:
05 A ly ice'
MAY-26-2004 01:22 TOTAL BANK
305 3734371 P.03
STA'i'E OF Florida
COUNTY OF DADE
The foregoing instrument was acknowledged before me this 18th day of duly, 2001, by RAUL GALINDO, a married man,
who is personally known to me or who has produced a as identification and did take an : th.
My Commission Fri
STATE Oi FLORIDA, GOLW TY OF- A E
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