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HomeMy WebLinkAboutExtension Letter & Supporting DocsGreenberg Traurig Lucia A. Dougherty (305) 579-0603 Direct Fax (305) 961-5603 E-Mail: doughertyl@gtlaw.c©rn December 20, 2006 HAND DELIVERY Ms. Ana Gelabert, Director City of Miami, Planning Department 444 S.W. 2nd Avenue, Third Floor Miami, FL 33128 Re: Balans Restaurant — 6789 Biscayne Boulevard Special Exception (City Commission Resolution No. R-06-0060; ZB Resolution No, 2005-1087) Dear Ana: On behalf of Balans Biscayne Properties, LC, the owner of the above referenced property, we are requesting a non -substantial amendment for an extension of time of the Special Exception approved by the City Commission of the City of Miami. The Special Exception was originally recommended for approval to the City Commission by the Zoning Board on November 28, 2005 (Resolution No. 2005-1087). The Special Exception was subsequently approved by the City Commission (Resolution No. 06-0060) on January 26, 2006, as required, pursuant to §612 of Zoning Ordinance No. 11000, as amended. We are currently in the process of applying for a building permit for the property and will require an extension of time prior to obtaining a full building permit. Please find a check enclosed totaling $400 for the application fee for the non - substantial change determination. Please also find the City Commission and Zoning Board Approvals attached for your convenience. Please forward this request to Ms. Lourdes Slazyk for her review as the Zoning Administrator, so that she can confirm that the requested extension of time is non -substantial. Thank you very much for your attention to this matter and please call me (305) 579-0603, if you have any questions. Very truly yo,s, Lucia A. D. g erty cc: Maria J. Chiaro, Esq. Ms. Lourdes Slazyk Ms. Teresita L. Fernandez MIA 179504555v1 12/20/2006 MIA179504555/v1 RANGEN Greenberg Traurig, RA. I Attorneys at Law 11221 8ricketl Avenue 1 Miami; Fi 33131 I Tel 305.579.0500 1 Fax 305.579.0717 I www_gttaw.com SEP-2E-2006 15:58 From:CITY CLERK 3058561E10 To;Greenbers Miami P.2/4 City of Miami Legisiation Resolution: R-06-0060 City HO 3500 Pan American Olive Miami, FL 33133 vwrw.miamigov.com FtNumber; 05-0007817 Final Actinn Mac 1/26/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, TO ALLOW SURFACE PARKING, WITH A TIME LIMITATION AND SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 8789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ZONED "R-1" SINGLE FAMILY RESIDENTIAL, "C-1" RESTRICTED COMMERCIAL, "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT AND "SD-12" BUFFER OVERLAY DISTRICT, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at Its meeting on November 28, 2005, Item No. 1, adopted Resolution No, ZB 2005-1087 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL with conditions of a special exception requiring City Commission approval as hereinafter set forth, and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS. the Zoning Board imposed a condition that the Special Exception runs with the operator only, however, Section 1309 of the Zoning Ordinance and applicable state law do not allow this type of condition to be Imposed: and WHEREAS, the City Commission after careful consideration of this matter, finds the application for the Special Exception meets the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best Interest of the general welfare of the City of Miami and its Inhabitants to grant the Special Exception as hereinafter set forth; NOW, THEREFORE, SE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, The recitals and findings contained In the Preamble to this Resolution are adopted by reference and incorporated aS if fully set forth in this Section. Section 2. After hearing argument and being otherwise fully advised in chambers, it Is found that: (a) The application substantially meets the criteria found in Section 1305 of Zoning Ordinance No. 11000. (b) The conditions found below will mitigate any potentially adverse effects Section 3. The Miami City Commission grants a Special Exception es listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 612, Schedule of District Regulations, to allow surface parking for the property located at approximately 6789 Biscayne Boulevard, Miami, Florida, more particularly described in "Exhibit A," pursuant to plans on file and City of 1Niap ni Page 1 r7f 2 Printed On: 9/22/2006 5EP-22 E 6 15:561 Fr`om:CITY CLERK 305E561610 Ta:Careenbers Miami P,3'4 ! Ile NusrlOer: 05-000780 f'rutctwai umber.' Ji.116-01)6 ) subject to a time limitation of twelve (12) months in which a building permit must be obtained, and subject to the following conditions: (a) A new landscape plan, including landscaping along Biscayne Bouievard, with full specifications, must be submitted for review and approval by the Planning Department prior to the issuance of any builidng permit; and (b) The applicant shall submit final color and material samples for review Of aesthetic impact, subject to design review and approval by the Planning Director prior to the issuance of any building permit. Section 3. This Resolution shall become effective immediately upon Its adoption and signature of the Mayor. {1) Footnotes {1) if the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted, If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Curt ref AIJrtiajj Page 2 of 2 Prinl:rt Out 1/22/2006 SEP- 242086 15156 From:CITY CLERK 305858 i.610 Tamareenbero Miami P.4'4 FXHIBiT LOT 7 1,F,5u•. IIR6? I EGA4 [7E5GN1A110N: YT FOR till/ovi AI,L OE. l,q f • 1I 4 It FUiri]tvlfiiON ,... - w' DulfRA Ac;{'oRk 111V0 TO Two PLnT T iFRi:41A1't RbC CJ RCHI pi1�1T7 FI pRIDA Il QF i1�E plJl�{,iC FtCCORC19 QF �� SS i,BGN. � .—__ - ! rpa??1'G 1 N 'Ohl !`t' t► r., r4C� 1 G OF ATPAAT1OH OF LOT 2, 1.1111 A. ACGOR173NG TO T118 PLAT THEW AS RF ) 7lf YCTI ST, H1.N1L-rAAE COVh12Y, FI,uat']:+, !'i hug; r°�+nr. C R!CAlos or H1,40-pADL MEATY, FL►R1DA 1,TING 1W 1Ii voluutttT ON1s-lkhi•1HI1'1t (}} 116 SSP -SECTION I d, ;pKN5411 31 8Ott1�l, il/111GiP, AZ EA phATICOLARLY DESCIRDED AS FOLLOWRI f3l;.i t tl:ri t+F UAY �L11l1 AT APOtTIT OF k}tTSRSECT1Q OP HE iiDRTH LI111r OF.6A1D LOT Z N1T11 Ti1I 1• �t. !w or PTA LIME OK STATE ROAD 3 (b1SCAY$ nr1UL/YARF), AS 5110Y11 Olk TI1E t1,C1RtnA pf1'AR'ftl1.'T'! '+h' T1'r!•�PDttn4'lc]N WOOED 1N ROAi1 PLAT 11OO1E 1;2• P :; ie ,1c4} i10.. pUSL2&NANCL DS PHI SECTION COUNT-' FLI : AS R11 •LI Pu .uc RECORDS S of 11IAH - AD COUNTY' PLCIt1DA, 9A1D ran dEIHQ 2.434 t1 9 11? I.r S' 'f Ftl'.11c F DT THt NO11'1I�1u5T CORNER OF LDT 2, (AS mxA$VRED ALONG THE NOP. fl LINE.I 1 t' IF.> : U FEET) NORTH fl?•40'W EAHT, A1.ONQ RA1D NORTH LONE OF LOT 21 A DLSTANCE or 1.070 N" 10 4'NS PO1HT OF A RA CUSP D[1IFMRT);AT11E11.14IFRUA TURGEHTCONGR/I TO WRING OFF5DPIH"T1E�+Efr'{r+ �•l,,>>', :1JtiS FQU'11i L61$11 y k1,GNG SAID DOVE T(s THE LEPT, TOUGH A Gi:NTRAL Wog 47F 55,4v 1 •'! ' '� WT>"OT, ALONG LTIO EAST KNOT-EAS1!'� 11'Ih:, -W y.731S WON oP 4.3t2urHiDTRST(g17tCg7HORTN)t?2121 3I1JT OF INTF.s�S£GI'1,0}I ulTll $Ai11 1tA5+ 1° ff1''.+k'-VA LIN75 0! $7AT'C R i m/TERS (12.26 PL•R'f) VU TNL POINT OF WINNtNG, C0UTAINtNG 7,9 SQUARE K'Y.'I'1RS (25 CQUARE paT), )4OIIY UR 1,E5F. Miami Zoning Board Resolution No.: 2005-1087 Monday, November 28, 2005 Mr. Joseph H. Gangu77a offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL OF A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, REGULATIONS, TO ALLOW SURFACE PARKING FOR THE PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL, C-1 RESTRICTED COMMERCIAL SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT AND SD-12 BUFFER OVERLAY DISTRICT. THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CITY COMMISSION APPROVAL, SUBJECT TO THE SPECIAL EXCEPTION RUNNING WITH THIS OPERATOR ONLY, AND SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING DEPARTMENT: 1) A NEW LANDSCAPE PLAN, INCLUDING LANDSCAPING ALONG BISCAYNE BOULEVARD, WITH FULL SPECIFICATIONS, MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT AND 2) THE APPLICANT SHALL SUBMIT FINAL COLOR AND MATERIAL SAMPLES FOR REVIEW OF AESTHETIC IMPACT, SUBJECT TO DESIGN REVIEW AND APPROVAL BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT. Upon being seconded by Mr. Miguel Gabela, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Yes Mr. Miguel Gabela Yes Mr, Joseph H. Ganguzza Yes Mr, Charles A. Garavaglia Yes Ms. lleana Hemandez-Acosta Away Ms. Chloe Keidaish Yes Mr. Carlos Martell Away Mr. Juvenal A. P€na Yes Mr. Angel Urquiola Yes AYE: 7 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 7-0 i Teresita L. Fernandez, Executive Sec r ary Hearing Boards Case No. 2005-1026 Item Nbr: EXHIBIT "A" LEGALDESCRIPTION: LOT 2 LESS. _,._-...__ OF gLMIRA ACCORDING TO THE PLAT THEREOFFAi S RECORDED IN PLAT BOOK.- g A7 PAGE OF THE PUBLIC f2ECORCiS OF COUNTY, FLORIDA LESS LEGAL DESCRIPTION$ A PORTION OF LOT 2, ELMIRA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN TI.AT P,0nr t,. PAGE 162 OF TII1 PUBLIC RECORDS OF MIAtMI-DADE COUNTY, FLORIDA LYING IN THE NORTHEAST 01W.-011ARFs I; (Nr, 1 /4) OF -SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, TL0RI'.:A. !+ctrl,' mutr•, PARTICULARLY DI;SCIRBED AS FOLLOWS: BEGIN AT A POINT OF INTERSECTION OF THE NORTH LINE OF, SAID LOT 2 WITH THE I,{ l i l!!.i„ 1. �P-WAYTION LINE 07 STATE:ROAD 5 (BISCAYNE BOULEVARD), AS SHOWN ON THE FLORIDA DEFARTN[=.rr ,?€ THE MAPS FOR SECTION 87030-MTC-1, AS RECORDED IN ROAD PLAT BOOK IS.''(' . H- ;:AST PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLOEIDA, SAID POINT EF.ING 2.43B METER . OF THE NORTHWEST CORNER OF LOT 2, (AS MEASURED ALONG THE NORTH LINE OF SAl:j r.{,; ; THEr€CE. NORTH 87"48' S7" EAST, ALONG SAID NORTH LINE OF LOT 2, A DISTANCE OF 7.070 '['f I'1 , : F p�R? RADIOS TO THE POINT OF CUSP WIFN A TANGENT EFROCIRCULAR CURVE, ANGENTCONCAVE BEARINGTOFTHE SOUTH 87EAS1'I\. OF 8.534 METERS (28.00 FRET); ;3€€ ARC SOUTi1WESTERLY ALONG SAID CURVE TO 711E LEFT, THROUGH A CENTRAL ANGLE OF 55'0,'1.', LENGTH OF 8.312 METERS (27.27 FELT) TO A POINT OF INTERSECTION WITH SAID EAST 1 i €€"C:,I•-14AY LINE OF STATE ROAD 5; THENCE NORTH 02121'31" WEST, ALONG SAID EAST RIGHT—Ok—W.'i I M. FirP. 3,738 METERS (12.26 FEET) TO THE POINT OF BEGINNING. CONTAINING 7.9 SQUARE METERS (85 SQUARE FEET), MORE OR LESS, • REST FEET FOR R/ W A1_ H 1ti,L 9 .� r A, 6 G.. ..._� SUSDWISION