HomeMy WebLinkAboutLetter of IntentEW CARDENAS
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smbribtewlaw.com
October 5, 2006
VIA HAND DELIVERY
Mrs. Teresita Fernandez
Chief, Hearing Boards Section
Department of Planning & Zoning
444 S.W. 2nd Avenue, 7th Floor
Miami, Florida 33130
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1441 11111CKU..... AVENU
7HAML FLORIDA 331 1 -3407
3 305,536.1tf2
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Re: Letter of Intent for Granada Shopping Plaza, Inc., Property Located approximately at
480I S.W. 8th Street. Variance Application for construction of bank facility to be
located at 4899 S.W. 81` Street (within Granada Shopping Plaza)
Our File No.: 44542.004
Dear Mrs. Fernandez:
On behalf of Granada Shopping Plaza, Inc., this firm submits an application for a Variance (the
"Application") for the property located approximately at 4801 S.W. 8th Street. Through this
Application, we respectfully request a variance on the following item:
(1)
Section 2502 requires yards adjacent to streets to be three -fourths (1) of the front
yard depth requirement. In this case, the required depth is 7'-5" and the proposed
depth is 3'-1 1", thus requiring a variance of 3'-6"
The proposed use on the property is a two-story bank with a drive through facility. The request for
the variance, a mere 3'-6", would be on the south side of the bank facility. The following addresses
the requests for information in the Variance Application:
17(a) Special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings in the
same zoning district in that: As part of its renovation and revitalization of Granada Shopping
Plaza, which was built in 1967, the Applicant renovated the facade of the shopping plaza as well as
the parking lot, in order to increase the number of spaces and to ease the traffic flow within the
shopping plaza. As part of the renovation, the "out parcel" in the southwest corner of the shopping
plaza always contemplated the construction of a bank facility. Indeed, the plans for the parking lot
renovation indicate the future site of the bank facility. The bank facility is designed in such a way
Mrs. Teresita Fernandez
October 5, 2006
Page 2
so as to maximize the southwest corner of Granada Shopping Plaza and keep as many parking
spaces as possible, thereby increasing use and efficiency of the entire shopping plaza.
17(b) The special conditions and circumstances do not result from the actions of the
petitioner in that: In attempting to design a free-standing structure that is both compatible and
acceptable in the neighborhood, the petitioner would like to reinvigorate the neighborhood and the
shopping plaza by constructing a bank facility. The petitioner is functioning within the confined
area and configuration of an already -existing shopping plaza. Thus, the circumstances and
conditions are not self-created,
17(c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district under
terms of the Zoning Ordinance and would work unnecessary and undue hardships on the
petitioner in that: Granting the variance would simply grant to the petitioner the rights commonly
enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance by
allowing him to make the most efficient use of a property zoned C-1. Failure to grant the variance
would work unnecessary and undue hardships on the petitioner in that the petitioner would not be
able to construct the proposed two story bank facility within the existing shopping center, as
contemplated in its multi -phase renovation of Granada, without the proposed variance.
17(d) Granting the variance requested will not confer on the petitioner that special privilege
that is denied by the Zoning Ordinance to other lands, buildings or structures in the same
zoning district in that: The petitioner does not seek a development advantage over its neighbors,
other lands, buildings, or structures that fall within the C-1 district; neither for FAR nor height
restrictions. In seeking this variance, the petitioner only seeks to comport with the existing
configuration of the shopping plaza and improve the neighborhood surroundings.
17(e) The variance if granted is the minimum variance that will make possible the use of the
land, building or structure in that: In order to construct a drive -through facility for the bank, the
petitioner is requesting the minimum variance on the set back that would keep the drive -through
safe, efficient, and functional.
17(f) The grant of the variance will be in harmony with the general intent and purpose of the
Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to
the public welfare in that: The proposed plans for the property will be bringing redevelopment and
improvements to a needed area of the City of Miami. The purpose of the Zoning Ordinance is to
provide consistency and to protect neighbors from incompatible uses on neighboring properties.
The property is zoned as C-1, and as such, the construction of a bank facility on the property is
TEW CARDENAs L.LP
Four S-asons Tower, 15th . [(tor, 1441 rickeil ia-enue, Miami, £1ida 3 i 1 3 i -34{)' 305-536-1 1. 12
Mrs. Teresita Fernandez
October 5,2006
Page 3
consistent with the general intent and purpose of the Zoning Ordinance, not to mention an
anticipated use.
In conclusion, the proposed variances are the minimum variances required in order to
develop the southwest portion of this existing shopping center with a bank facility, providing a much
needed service to the neighboring community and infill development, in furtherance of the goals,
policies and objectives of the City's comprehensive plan.
Because the application meets all of the criteria for the grant of a variance, we respectfully
request that the application be approved.
Please contact Suzanne at 305.536.8278 or Santiago at 305.536.8420 if you have any
questions regarding this application.
o D. Eehinendia, Esq.
ne M. Besu, Esq.
T[,\ CARDE AS LLP
Four Seasons To;m--er, 15t4 Floor, 1441 Brickeil_ Aven€uc. Miami, Florida 33131-3407 _ 5-536-1 1 12