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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 f"l /t ro:Vi u, a o u y yo es-r-ay au,ccrcieD qy a51P)a_am:71-E-- - cifo �� l� 02(-)-E GkE-- as ter;, (ems va.h[e.AAtos �,� ve/npJ(AT • , 7x/ tems �3 3w a�a� �� as . // 7:LM / /6 Pevez-7— c9, Le,,zykg 4-fb 9 2S W 02%2, re 2"9 4-13 s yo es -by de u ( hQ rnole3475/ QANQ- (2e�s--aurnn4e cue Lc(-)11 4iee an Cf'G 10 CwX-u,i6o e l 5w aa- s+ Cezir,c0ocky_,) sq4c@c‘ for 9 aie -\y-ctser-r4 eA(\ 24-±64 .\2, vPKCU‘os � Vis)\--€n c0.63-FCutiG►YE 61&11 erg-m(05 Sct(Gla) (tic plc d c$2 ate- -tw.2• 7.7 (0 4bp.a -"\-Tvvt, .14 ___21/)c 5(J-? 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, Y C0MM1sSSi0N 4 OD 'a 69 EXPIRES: December 17, 2006 ''A,: '>+` Sin -Jed T u Pickard insurance 1 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 a0t0 MGI Kul •l CGiw /4L'. OP b.rr cc.,n,rr. t4 ;.+pA. . 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 t'[ ��Y(;ERTtFYff+il th1513 a ��., u Cif the r : 1331 MEN/ R tits G �ft art WITNESS r HARVEY AU ay a Large (Seal nTai P rfl