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July 1, 2010
VIA HAND DELIVERY
Mr. Anel Rodriguez
Administrative Assistant II
City of Miami
Department of Hearing Boards
444 S.W. 2nd Avenue, 7th Floor
Miami, Florida 33130
121 Alhambra Plaza, loth Floor
Coral Gables, Florida 33134
Phone: (305) 262-4433 Fax: (305) 442-2232
Reply To:
Coral Gables
Carlos J. Gimenez, Esq.
Direct dial: (305) 350-1084
CGimenez@becker-poliakoff.com
f = s 1, .. Y u
Re: Request for Modification to Declaration of Restrictions in connection
with that certain property located at 1900 Brickell Avenue, bearing
the folio number 01-4139-001-2210 (the "Property") (more
particularly described in the attached Exhibit "A")
Dear Mr. Rodriguez:
Our firm represents the owner of the above -referenced Property, Dr. Jorge
Suarez -Menendez, (the "Owner") in connection with this request. On January 23,
1997, the City Commission approved Resolution No. 97-73, granting a Special
Exemption to permit a Health Clinic (Medical Office) in connection with the
Property. Along with the Special Exception, a Declaration of Restrictive
Covenants (the "Declaration"), a copy of which is attached hereto as Exhibit "B",
was proffered by the Owner, and accepted by the City Commission, which
included several use restrictions, specified in detail below:
Current Use Restrictions
(1) The use of the health clinic would be limited to consultation for plastic
surgery, as an outpatient facility only, with no overnight stays and no
surgical or other medical procedures occurring on the Property;
(2) The hours of operation of the health clinic would be from 9:00 am to
6:00 pm;
(3)
There would be no transfer of title or interest in the property or in the
heath clinic without prior City Commission approval;
LEGAL AND BUSINESS STRATEGISTS
MEMBERS OF CONSULEGIS AN INTERNATIONAL ASSOCIATION OF LAW FIRMS AND NETWORK OF LEADING LAW FIRMS
Mr. Anel Rodriguez
Administrative Assistant II
July 1, 2010
Page 2
(4) No changes made to the use of the Property or to the exterior or interior of the
building or the remainder of the Property without prior City Commission approval;
(5) The practice shall be limited to no more than three persons: the surgeon, one nurse,
and one clerical person;
(6) No overflow parking on the grass; and
(7) Parking spaces at the facility shall be limited to the 12 spaces reflected in the site
plan, of which 8 shall be paved and four shall be "turf block" grass.
Request for Modification
The Owner is requesting that the City remove all the above -referenced Restrictions, and
replace same with the following:
(1) The use of the health clinic shall be limited to the extent that no overnight stays will
be allowed.
Attached as Exhibit "C", please see the proposed Modified Declaration of Restrictive
Covenants (the "Modified Declaration") and a red lined comparison of the Declaration and the
Amended Declaration as Exhibit "D". We hereby request that this proposed modification be
scheduled on the next available City Commission agenda.
Respectfully submitted,
Carlos-Oimenez For the Firm
cc: Dr. Jorge Suarez -Menendez
Rafael Suarez -Rivas
Roberto Lavernia, Planning Department
Lourdes Slayck, Zoning Administrator
ACTIVE: 2939778 1
Exhibit "A"
Property Address
1900 Brickell Avenue
Property Folio Number
01-4139-001-2210
Property Owner
Dr. Jorge Suarez Menendez owns 100% interest in the subject Property, and he does not own any
additional properties located within 500 feet of the subject Property.
Legal Description
This Property described as: The Southwest 180.0 Feet of Lot 21, in Block A "Flagler", according
to the Plat thereof, as recorded in Plat Book 5, Page 44, of the Public Records of Dade County,
Florida, More particularly described as:
Begin at the mort southerly corner of Lot 21, Northwest along the Southwest Boundary Line of
Lot 21 for 180.0 Feet; Northeast Parallel with and 100.0 Feet Northwest from the Northwest
Boundary Line of Brickell Avenue for 100.0 Feet to the Northeast Boundary Line of Lot 21;
Southeast Along the Northeast Boundary Line of Lot 21 for 180.0 Feet to the Northwest
Boundary Line of Brickell Avenue; Southwest Along the Northwest Boundary Line of Brickell
Avenue and Along the Southeast Line of Lot 21 for 100.0 Feet to the Point of Beginning.
ACTIVE: 2981029 1