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Home My WebLink AboutR-77-0256MA bk 1/3/77 RESOLUTION NO. 71456 A RESOLUTION AFFIRMING THE GRANT OF CO tbITtoNAL USE AS LISTED IN ORDINANCE 6871, ARTICLE XV, SECTION 2(8)(a), CRAN"TE1 BY THE ZONING BOARD, TO PERMIT CONSTRUCTION ANb OPERATION OF A FAR1INC LOT bN toT 14, BLOCk 61N, MIAMI (8-41), BEING 500 BISCA?NE BOULEVARD, AND INCLUDING ATTENDANT PARkINC, AS PER PLANS ON FILE, PRO= VtDINC, HOWEVER, THAT THE AFORESAT CONDITIONAL USE SMALL NoT BE SUBJECT TO A DEDICATION OF A 10' RICHT-OF=WA?; ZONED C=3 (CENTRAL C01RCIAL). WHEREAS, the Miami Zoning Board, at its meeting of January 17, 1977, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 12-77 by a 7 to 0 vote, granting a conditional use subject to a dedication of a 10' right-of-way; and WHEREAS, the property owner has taken its appeal to the City Commission to appeal the grant of conditional use insofar as it is subject to a dedication of a 10' right-of-way; and WHEREAS, the City Commission, after careful consideration and due deliberation, finds that the imposition of the aforesaid condition constitutes a confiscatory action by the Zoning Board and is a taking of property without just compensation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The grant of conditional use as listed in Ordinance 6871, Article XV, Section 2(8)(a), granted by the Zoning Board to permit construction and operation of a parking lot on Lot 14, Block 61N, Miami (B-41), being 500 Biscayne Boulevard, and including attendant parking, as per plans on file, be and the same is affirmed; providing, however., that the aforesaid conditional use shall not be subject to a dedication of a 10' right-of-way; zoned C-3 (Central Commercial). "DOCUMENT INDEX ITEM. PASSBb ANt APOPTEb this .day f 23t4 Mth 1977, MAURICt A. PERVt MAYOR ATTEST: ,C; • I • ( 44G'Ity Clerk PREPARED AND APPROVED BY: „st , MICHEL E. ANDERSON Assistant City Attorney ,e! APPROVED AS TO FORM AND CORRECTNESS: etzw/ RGE F. 1OX, JR. City Atto ZONING FACT SIIEET LOCATION/LEGAL 500 Biscayne Boulevard I,ut 14, Block 61N; MIAMI SUB (fi-41 ) OWNER APPLICANT/ DEVELOPER Robert McCafferty Institutional Investors Trust 140 I3 roadway New York, New York 10005 The Roberts Nianat;ement Cu, ; Inc Nit.. Merrill Spivak, Sec retary/'1"reasurer 820 Arthur Godfrey road Miami Beach, Florida ZONING C-3; Central Commercial REQUEST Conditional Use application to permit construction and operation of a parking lot. EXPLANAT ION RECOMMENDAT IONS - PLANNING DEPARTMENT -TRAFFIC AND TRANSPORTATION -ZONING BOARD COMMUNITY REACTION APPEAL PI) 1/6/77 r 1/19/77 r 3/4/77 This is the site of the former 1'ari;leigh Hotel which recently ha been demolished. It is the ownerts intent to use the property for parking purposes as an interim use. APPROVAL.; The proposed off-street parking lot is an acceptable interim use for the site and will aid in alle- viating existing parking shortages in Downtown Miami. Moreover the plant provides fur landscaping of the site which will visually upgrade its appearance. "I he Department of Traffic and Transportation has no objection to granting the Conditional Use to permit a parkin; lot on this site with driveway connections to NE 5th Street and none into Biscayne Boulevard. Granted as per plans on file by Resolution 1/Z13 12-77, January 17, 1977, subject to dedication of ten (10) fvot right-of-way and including attendant parking, by a. 7-0 vote. No objectors were present. No objections were received in the mail. ironing Board condition requiring ten (10) foot dedication, o o niatayhe BouteIvitfd Lot i4 Biook 61 N MIAMI SUB (B-4I) CITY OF MIAMI PLANNING DEPARTMENT January 1977 NORTH 1 tiftitami, Honorable City Commission Attention: Mr, Joseph R, Grassie City of Miami, Florida re Gentlemen: ariba February 25, 1977 CONDITIONAL USE - GRANTED }3Y ZONING BOARD ,- CONDITIONAL _ REQUIRE- MENT OF CONDITIONAL USE APPEALED TO CITY COMMISSION BY THE APPLICANT 500 Biscayne Boulevard Lot 14, Block 61 N, MIAMI (B-41) The Miami Zoning Board, at its meeting of January 17, 1977, Item #1 following an advertised Hearing, adopted Resolution No. ZB 12-77 by a 7 to 0 vote GPANTING Conditional Use as listed in Ordinance 6871, ARTICLE XV, Section 2(8)(a), to permit construction and operation of a parking lot on Lot 14, Block 61N, MIAMI (B-41), being 500 Biscayne Boulevard, subject to dedication of 10' right-of-way., and including attendant parking, as per plans on file; zoned C-3 (Central Commercial). The applicant wishes to appeal the decision of the Zoning Board to require the 10' dedication of the right-of-way as a condition of the Conditional Use. There were no objections to this item. Sincerely, i t c: 4. Robert �A'.�Davis, Director Department of Administration Planning and Zoning Boards cm Z. M. 36 Attached; Minutes cc: Law Department Planning Department NOTE: Planning Department recommendation: APPROVAL. Tentative City Commission date: March 23, 1977. t :. is vif IL. ES GREENSERG, tf/AURIG, HOFF-MAN, LIPOF'F, QUENt L /fit WRIGHT, P. A. MEivIti N to. 1 DBE RG .IU14e1Her, ROBERI CESAPAI at,4.1„,4_: LARDY i. H;)f KIA ;: t. MATTHI.W C; t1ORMAN H tli,; :pf EItEEN Tt:t1,00447.!1 ALDER, rJ G uir,TE I. RIC:HAKr E! HAF(::t. GEORGE W Vr.i n,..T .rP Ai REF? i_AP,!♦r,A ZAC}+ARr h WC i.KF WILLIAM , kE4c,trr ALAI+ 1 1.1MU'It, JEPCME. b 4.lLt MaY+ :H FPEOLPICh Ft +.tR AI AN F ,'r:eDE MAPT411 B gHAFIPU He RVEr a >ULCLMA l I.1RMAt1 .i eitire,PO WUI LIAM A iP.F[.1 Atli;l: SIEVL11 J rPA,tITt WOOu41[,W M Mtn.1r1, .R HAPLES h*1.11LI1 ROBERT M Sr�NC;a.t *LAN S GC.Lr. MARLIN 0Ai.El SUSAN LEE L 11Ei W1LLIAM A WEBER LAWPF NCE UC,t. ,i,f3RY CARL W ItaPT.:tr JR POBEPt M HAEFP ByRGN G PETE F•,EN The Honorable Robert Davis Administrator CITY OF MIAMI ZONING BOARD 3342 Pan American Drive Miami, Florida Dear. Mr, Davis: January 31, 1977 1-1,11.14' E_ DE, et 111 ING t.: r.',s GL rt1.,t. $I'IL L. .,,,tat 1ON E. Pt At, dP 1i.h.tt4 AVENUE l.let7J1.) MtAMI F .0 4*-i 4 33101 tEt L4 ..GIVES 1.4•,M1 13.i SI e17. 3501 tlH WaPL; RE: Appeal by Property Owner from condition specified in Resolution Number Z13-1.2-77 requiring dedication of 10 foot right-of-way This is an appeal, pursuant to Article XXXII, Section 4, Code of City of Miami, Florida, by the property owner, Institutional investors Trust, a Massachusetts business trust, from the condition specified in Resolution Zia--12-77 requiring dedication of. a 10 foot right-of-way on the subject property. The Resolution in question provides: "Resolution to grant condi:.ional use as listed in Ordimince 6871, Article XIV, Section 2 (8) (a), to permit construction and oper- ation of a parking lot on Lot 14, Block 61-N, Miami (1B-41), being 500 Biscayne Boulevard, subject to dedication of a 110 foot right- of-wav, and including attended parking, as per Mans on file; zoned C-3." (Central c'onlm rcial) . (Emphasis added) . The property owner requests the Miami City Commission to review the condition imposed by the Zoning Board that a 10-foot right-of-way be dedicated. The appraised value of the 10 foot strip in question, which comprises 1,352.25 square feet at $25.00 per square foot l 't-` JAN 3i 1911' CITY OF �l4rrtili4LJ d Mow, 30ARDS Page 2 The Honorable Robert Davis January 31r 197i is $33,806,254 it is respectfully submitted that the imposition of the aforesaid condition constitutes arbitrary, capricious and confiscutory action by the Zoning Board and is a taking of property without just compensation. WH8REFORE, institutional Investors Trust requests that the City Commission strike the aforesaid condition from Resolution ZB-12-77. Enclosed is the required fee in the amount of $300.00 together with a copy of the transcript of proceedings before the Zoning Board. ASG/dw enclosure (check) GREENBERa, TRAURIG HOFFMAN, LIPOFF, QUENTEL 6. WRIGHT. P A.