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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING CLASSIC=
FICATION ON LOT 11, BLOCK' 1, GROSSE POINTE
HIGHLANDS ADD (40-56), BEING 601 N.W. 30TH
AVENUE, FROM R-1 (ONE FAMILY) TO C=2 (COMMUNITY
COMMERCIAL), AND BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP, MADE A PART
OF THE SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2
THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS,
OR PARTS THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY PROVISION.
WHEREAS, the Miami Zoning Board, at its meeting of
February 23, 1976, Item No. 5, following an advertised Hearing,
adopted Resolution No. ZB 38-76 by a 7 to 0 vote recommending
denial for change of zoning classification as hereinafter set
forth; and
WHEREAS, the City Commission, notwithstanding the
recommendation of denial of the Zoning Board, after careful
consideration of this matter, deems it advisable in the best
interest of the general welfare of the City of Miami and its
inhabitants to grant a change in zoning classification as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is
hereby amended by changing the zoning classification on Lot 11,
Block 1, GROSSE POINTE HIGHLANDS ADD (40-56), being 601 N.W.
30th Avenue, from R-1 (One Family) to C-2 (Community Commercial),
and by making the necessary changes in the zoning district map
made a part of Ordinance No. 6871 by reference and description in
Article III, Section 2 thereof,
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Section 2. That all laws or parts of laws ih Conflict
herewith, be and the same are hereby tepealed insofar as they are
in conflict.
Section 3. Should any part or provision of this
ordinance be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of the
ordinance as a whole.
PASSED ON FIRST READING BY TITLE ONLY this
day of , 1976.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 1976.
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TOyRM AND CORRECTNESS:
,4b
_dr
HN S. LLOYD .
ITY ATTORNEY '
2,
MAYOR
cal, oft MlAMt. kLoit1bA
INfittl-tii P fct IVItM 3tlANDoM
to:
PROM:
Honorable Members of. the
City Commission
P. W. Andrews
City Manager
PETITION:
bAt
SUDJEC1
MAY 2 1 1916
tit <.
City Commission Meeting:
May 27, 1976
REFERENCES:
ENCLOSURES
ZONING BOARD FACT SHEET
Ordinance granting change of zoning classification on Lot 11, Block
1, GROSSE POINTE HIGHLANDS ADD (40-56) beil.g 601 NW 30th
Avenue, from R -1 (One Family) to C-2 (Community Commercial).
REQUEST:
Change of zoning classification to permit continuance in expanded
office for Revista Replica, the Latin magazine.
APPLICANT:
Revista Replica Publishing Company
PLANNING DEPARTMENT RECOMMENDATION:
Denial: request is clearly incompatible at this location. Citations
defining the property's illegal use were issued by the Building
Department on December 30, 1975.
ZONING BOARD RECOMMENDATION:
Denial: by 7-0 vote on February 23, 1976.
COMMISSION ACTION:
Matter heard on March 25, 1976,
A motion to postpone for a period of sixty days a proposed ordinance
to change the zoning of Lot 11, Block 1, Grosse Pointe Highlands
Addition from R-1 to C-2 to enable the applicant to move the operation
to another location.
i41 I
nonota.bld Members of the City Corntnission
DESCRIPTIVE SKtTC14:
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PAY 2 1 1976
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REVISTA RtpLicA
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PROPOSED OFFICE
EXPANSION FOR
REVISTA REPLICA
crmi
11:11-411
ROHN
the Spanish-Langoage Weekly Magazine
2994 N.W. 7th Street Miami, fria 33125
Mr. Paul W. Ahdretls
City Manager
City of Miami
The City Hall
Miami, Pia.
Dear Mr. Andrews.
(305) 643 548i
May 20, 1976
This is to inform you that Replica Publishing Inc.
is in the process of moving out of the property
located at 601 N.W. 30th Avenue, Lot 11, Block 1,
which we were attempting to rezone from R-1 to
C-2.
We are making the move without waiting for the
May 27, 1976 meeting of the Miami City Commission,
when our rezoning petition is scheduled to be
taken up.
Moreover, we are selling the property in question,
and signs to that effect have been placed on the
two corners where the house is located.
HIowever, we are hereby requesting that the Commission,
upon your recommendation, setthe date of June 21,
1976 as the time by which we should cease using
the property in a fashion that would violate the
R-1 restrictions.
We can assure you that by June 21, 1976, we shall
move out of the building, which, hopefully, will
be sold for family use, like other houses in the
vicinity.
Ver
truly yours,
%Li
ll
Ma-1esnik
Editor
tt ltirt ri
March 5, 1976
Honorable City Commission
Attention: Mr. P. W. Andrews
City of Miami, Florida
re: CHANGE OF ZONING - RECOMMEND DENIAL
601 N. W. 30th Avenue
Lot 11, Block 1,
GROSSE POINTE HIGHLANDS ADD(40-56)
Applicant: Replica Publishing Co.
Gentlemen:
The Miami Zoning Board, at its meeting of February 23, 1976, Item #5,
following an advertised Hearing, adopted Resolution ZB 3876 by a
7 to 0 vote Recommending DENIAL for change of Zoning Classification
on Lot 11. Block 1, GROSSE POINTE HIGHLANDS ADD (40-56), being 601
N. W. 30th Avenue, from R-1 (One Family) to C-2 (Community Commercial).
77 objectors were present at the meeting.
39 objections were received in the mail.
An ORDINANCE to provide for this Change of Zoning has been prepared
by the City Attorney's office and submitted for consideration of the
City Commission.
Sit)erely,
R e A. Davis, Director
Department of Administration
Planning and Zoning Boards
cm
Z. M. 33
Attached: Minutes
cc: Law Department
Planning Department
NOTE: Planning Department recommendation: "DENIAL".
Tentative City Commission date: March 25, 1976.
`�. 691 N. We 30TIi AVENUE
Lot 11; Block 1
(i1Zo;:SE POItNTE HIGHLANDS ADD. (40-56)
Change of Zoning Classification on above described
property from R-1 (One Family) to C-2 (Community Commerciale
Secretary filed proof of publication of Legal notice of Hearing and
administered oath to all persons testifying at this hearing.
PLANNING DEPARTMENT RECOM1Lui)ATION: DENIAL
The request for zoning change from 11-1 One Family)
to C-2 (Community Commercial) is clearly incompatible
at this location. Citations defining the illegal use
of the property were made by the Building Department
in December 1975.
77 OBJECTORS TO THIS ZTEr•1 WERE PRESENT.
er. Dean: Alright, Mr. Dooney?
'1r . Uoone_y : Mr. Chairman, you have our comments which we've
tendered to you. Our recommendation is for denial. The purpose of
t'.te zoning expansion of C-2 into the R-1 residential district is to
allow the existing magazine to expand their operations. The use is
in violation of the Zoning Ordinance. It is in effect. They have
been served notices and they are requesting rezoning this evening in
paler to f.zl."i.11 their objectives.
',;c do not `eel this use is compatible. The relation-
;hi.ns anJ the existing zoning has been maintained for some time.
'1r. Dean: Alright. Is fir. Campbell here? Not here?
Uri'lht sir, would you state your name and address for the records.
Mr. Diaz -Asper; Yes. ;1y name is Jose Diaz -Asper. I am
attorney for :?c 1ica Publishing Company. My address is 7600 Red Road,
South Mi - d .
I wish to, just very briefly, acquaint the Members of the
eoar.d that Replica Publishing Company publishes the largest circulating
.eani3h 71.odia magazine and we feel that it serves the area residents
that needs, this weekly magazine to keep up with the news and we feel
.that we have an absolute necessity of expanding our existing facilities
sc that :an cry better serve this large and continuing increasing Latin
population in Dade County.
toe feel, however, before getting into the merits of this
application, it is very obvious to us that there's a lot of opposition
to the zoning request; that we respectfully request a deferral of the
adjudication of this matter since we feel that we will be better able
to communicate individually with the residents and state the reasons
why this chancre in zoning will not affect the neighborhood or their
homes inasmuch as the intended use of the property will be in keeping
with a very limited office operation and therefore we feel that they
will be in a much better position to understand all that is at issue
here, and therefore, we respectfully request a deferral until such
time as we have an opportunity to discuss the case thoroughly with
the nei':Ihbors an:z to present to the Boar,9 a complete and thorough
analysis of the overall situation here.
Alfonso: Mr. Chairman?
'Ir. Dean: ' 1r . Alfonso?
Ar. Alfonso: If I may, I wish to as}: the Department that
instead of the change of zoning, there could be another approach, if
a conditional use is proper at this moment. Could they use a conditional
-27-- February 23, 1976 Item 5
rise
that property as a Conditional use?
Mr. Dooney: No, it cannot he.
Mr. Alfonso: it cannot be? Thank you.
'sir. Dean: Sir? I think that the request that you made
is not alright. It's just merely a request. This Board has a right
to either say yes or no. In my feeling, I think there's a lot of
people here and I think they allowed time to come down here:just at
this moment to say "defer this item", I think we should proceed with
it, for the best interests of these people who came here.
(Audience applauds).
'ir. Alfonso: '•ir. Chairman?
:•ir. mean: Yes, Mr. Alfonso?
ilr. Alfonso: Moreover, if we proceed and deny this
application tonight, they have the opportunity to go in front of the
City Commission. Meanwhile, they are applying for the City Commission
hearing, they can talk to the neighbors.
Mr. Dean: Alright sir. You can proceed to present your
case to the Board.
Mr. Diaz -Asper: The motion has been denied then?
'ir.. Silverman: Mr. Chairman?
.«tr. Dean: Mr. Silverman?
Mr. Silverman: May I make a suggestion that we have a
motion and a vote on it?
clear?
Mr. Dean: Okay.
Mr. Silverman: A motion to defer, so that the record is
Ir. Dean: Alright, let's set the record clear then. Chair
is ready for a motion.
Mr. Silverman: I move to deny this request for deferral.
'Ir. Dean: You've heard the motion moving for denial of the
deforrnl. Is there a second? Alright, seconded by Mrs. Baro. Other
discussion? tieing none, call the roll.
Mr. [Davis: The motion is to deny the deferral. The vote
is against deferral.
adnntion :
Mr. Silverman offered the following motion and moved its
MOTION
ML TION TO DENY REQUEST FOR DEFERRAL OF
CHANGE OF ZONING CLASSIFICATION OF LOT
11, BLOCK 1, GROSSE POINTE HIGHLANDS ADD.
(40-56) , BEING 601 N. W. 30'I'H AVENUE, FROM
R--1 (ONE FAMILY) To C-2 (COMMU:NITY COr'MfRCIAL) .
Unon :.einq seconded by 'irs. Baro, this motion was nassed
an 1 adopted : v the following vote:
(Continued on following nage) .
-23- February 23, 1976
Item 5
zB
AYES: 'Messrs. Alfonso, Gort, Johnson, Silverman, Deana
Mmes. Baro, Basila.
NAYS: done
Mr. Dean: Sir? Would you proceed?
Mr. Diaz -Asper: Your Honor, Members of the Board, my
client, Max Lesnick, the Director of the magazine, Would like to
express his own views about the magazine and why he should expand
the facilities.
'1r. Lesnick: Gentlemen...
•
'1r. Dean: State your name and address for the records, please?
Ir. Lesnick: My intention tonight...
Mr. Dean: Sir? Just put your name and address in the
records.
Mr. Lesnick: My name is Max Lesnick, editor of Replica
magazine, and my address is 2122 5. W. 22nd Terrace.
Mr. Dean: Alright sir, proceed.
Mir. Lesnick: My intention tonight is to point very
thoroughly to our neighbors, that the problem in Miami as a community
is not only a problem of the neighborhood but a problem of the City.
A11 the neighbors of. Replica are here now each other
and to the Commission, and to the Zoning Board, they explain that
the reason that they oppose the intent of Replica magazine to move
in the expansion of our operation to a house, side by side with
commercial usage is because maybe there are new bombings in the neighbor-
hood: Right or not?
;'.r. Dean: Sir? You're addressing the Board.
Mr. Lesnick: Then, the letter that they send to the Zoning
Board says that this position is because Replica was bombed twice:
By some that are against the law. I want to tell you that
Replica was bombed the same way that the F.B.I. was bombed; in the
same way that the City of Miami was bombed, and the Police Department.
In the sane way that the Post Office and a building was bombed: Replica
has expressed our editorial position against the in
this community. Replica, the only that are against
the criminals, against the terrorists, agains' t the that don't
let , for bombings , we were bombed twice.
If the City of Miami cannot protect a newspaper, and
certainly they cannot; if the City of Miami cannot buy a new building
for the Police Department t'ecause that was
the Police Department of Miami, because its , then Replica
its operation because we feel the that you
have the building in commercial zone that is
residential, you can into the commercial zone
residential zone.
(The balance of Mr. Lesnick's presentation is mostly
inaudible except for a few words here and there. He spoke too loudly
into the microphone).
'tr.. Dean; Thank you very much, sir.
:r. Diaz -Asper: We just wish to stress the point that the
reason we :^agile our motion for deferral is that this is a complicated
-29- February 23, 1976
Item 5
issue involvine a number of circumstances that I'm sure we need to
express in a much more technical atmosphere, and we have to look at
the situation from the point of view that I'm sure that a lot of those
who are opposing this motion are not fully aware of what actiVities are
being conducted in that adjacent building and again, you know, we
would like to stress that once this opportunity is afforded, I think
everybody might better bn informed and a decision on the merits be
reached properly rather than using emotionalism, and since the main
argument here seems to he the threat of bombings and such...
Mr, Dean- sir' Sir? Let me say this to you. Now I just
let him talk on a little bit because I want to say this: there's an
application before this Board for a change of zoning. That's what
we're here tonight for, to discuss and make a decision on. Nothing
else:
(Audience applauds).
Mr. Alfonso: !fir. Chairman?
Mr. Dean: Ir. Alfonso?
Mr. Alfonso: If I may, then it's proper that, being that
'ir. Lesnick talked to me before, I wish to ask him a question.
Mr. Dean: Who?
:lr. Alfonso: Mr. Max Lesnick.
'ir. Dean: The owner of the property?
'1r. ,Alfonso: Yes. Mr. Lesnick, did you ever to
buy Lot 9 next to your main building? Did you ever make an approach?
Mr. Lesnick: To whom? —
'tr. Alfonso: To the owner of Lot 9, to buy Lot 9?
'1r.. Lesnick: :1o. I don't know him.
mr. Alfonso: You never approached, to buy that piece of
property - never?
Mr. Lesnick: No.
Mr. Alfonso: Well, that's just your mistake, Mr. Lesnick.
Instead of buying the lot in the rear, you buy the lot next door to
where it will be easy. It's the same zoning classification and
probably you wouldn't have to be here tonight and the neighbors can't
icr anything about it. But the problem as you see, 10, 9 and 8 are
';idby side, but 19, there's on it and 9, the
rear. The rear is not beside and that's the problem about transitional
use, is when you are tied to a residential property beside the
commercial - you have a transitional use. here your rear is not
not the same as yours. You don't know
anything about zoning. You know about writing -- you are a good writer
and running a nc.::;paper has nothing to do with zoning. R-1 is one
of the most restricted zoning classifications. It has the restriction
of peace. ;'e.:,r,le try to live there and they don't like to live in a
'.high density area. They have less use of the land than in R-4 and
that's the reason they are against that. They're not against your
newspaper. It's because the zoning classification protects them to
say ' no' .
:r. Lesnick: 1 understand that...
tr. :.ifonso: If you buy the lot there, it would be more
-30- February 23, 1976 Item 5
z8
expensive than the lot ,ro�1 bought because residential R-1 is cheaper
than commercial one, and the problem is that you don't want to spend
more money and you tried to buy the R-1 but the one who ,old that
property to you didn't tell you everything about it. You Netter
go to the person who sold that piece of property to you because maybe
he
Mr. 1,esnick: Okay, but I want to finish any position here
and explain to all the neighbors that when we bought that house, we
:)ought it in good faith. It was not our intention to damage the
neighborhood. It was without intention to create some disordered
place or to affect the value of the property of our neighbors. 1
brought that property thinking I was inside the law. If there is
some mistake in the interpretation of our neighbors, I want to say to
the Commission and to all figures here, very clearly, that we don't
want to in any way, to harm or to damage the property or the
value of our ;lei jfi)ors .
Ir. Alfonso: Mr. Lesnick, if your intention was to live
there, and that was your property and you want to use as your residence
that property, the neighbors cannot complain that somebody put a bomb
in your house. The problem is not a bombing: The problem is the
eornmer(:.ia1 u,e against the residential use.
'-tr. hesnick: I. promise to my neighbors that I will sell
,r rent the house to a good neighbor in a City that will be integrated
between Cubans, Americans and Black Americans.
:Ir. lean: :;i r? Let me see if 1 understand you correctly.
understand that you are withdrawing the application before us?
Lesnick: ::o, it is my lawyer's matter. I wanted to
explain my position.
:Ir. Dean: Alright then, let your lawyer step forward so
I can ask hi! the same question.
in I
'Ir. Dean:
to a Mac': did he?
(Audience
• :):'an:
(a1r i 'enick is in
•1r. Diaz-Nsper : ;Jo, we --
(Aside) (Chuckle, chuckle) He said he'd sell
applauds).
And ::alph Renick can move in with me...(chuckle).
the audience). Alright sir?
tr. Diaz -Asper: I think, you know, quite obviously we have
or ::e don't have the sympathy of the Members of the Board, and...
:.lr. Dean: Sir? Don't say that. First, you haven't
Presented your case. Secondly, the citizens haven't spoken and we
have not made a decision, so we're waiting on you to continue making
your Presentation.
• )iaz-Asper: We make a repeated request for a deferral.
4rr:l that this deferral is normally granted as a matter of record,
that you have granted several deferrals in similar circumstances, but
we are conducting this in a similar atmosphere of almost a circus you
:nog:: and, you know, we are getting away from the technical issues. We
feel that the only way we can property nresent this matter to you is
if 40 :ire al io,:erl the oroner time to :Hake the presentation as requester].
• . ean; .: i.r? I think we started at 3 ; 30 P. M, with this
particular ar: licat.inn. :,ow if you're speaking to state what you want
to do and t.to citizens can have the opportunity to state their position,
-31- February 23, 1976
Item 5
and we have an opportunity to also review it and make_ a decision!
That's what this, country's all about and that's what this Board is all
about.
'Ir. Diaz -Asper: 1 understand. If we're not afforded the
opportunity to defer this case, we can only very simply state that
the intended change of zoning was so that this home could be main=
tained, exteriorally, looking like a home and it would be utilized for
storage and matters which would involve light typing and situations
which in no way we feel will interfere with the residential aspects of
the neighborhood. The property just north of it and to almost all
sidles of the property are commercial and we don't feel that using
this for the light office use that we intend would in any way damage
or deteriorate the neighborhood, and if we can get away from the
emotional issues here and get down to the facts of the case, we think
that the neighborhood should approve this petition.
'1r. Dean: Alright. Dial you hear the recommendation of the
Planning Department?
tr. i)iaz-aster: Ye:;.
Ir. Dean: \nd that was based on the zone change, and they
recommend a denial of the change of zoning. That's no emotion; there's
not anything in it specifically to the matter at hand, before us. Now,
you made your presentation and if you want to address yourself to the
recommendation of the Planning Staff, then this is in order. There's
no emotion ana I keep saying to you, address yourself to the application.
Mr. Diaz -Asper: Well, since again, you know; we are not
properly prepared and we will have to close our presentation at this
stage and I imagine you will bring this to a vote and we'll hear from
the testimony of the individuals that are opposing our motion.
ar.. Oean: \fright sir. You have a few minutes' rebuttal
after th'j', let through speaking.
I t:.,h i nk maybe you all raiyh t have a spokesman among you or
'if) cac:/ and every one of you wish to soeak, or is there a spokesman?
"dricjht oh.?
�r. '•olli.ns: •ir. Chairman, ladies and gentlemen of the
..oard, niy nano h. H. ?nllins. T live at 3001 U. W. 4th Terrace.
I have so residr1 there in that home that I built in 1946, incidentally,
oef_orn had ill this commercial development encroaching upon us.
The ;:e ntleman over there who has filed this petition with
the Board sold something about the merits of his proposition.
'Ir. Chairman, I have not heard any merits presented to this Board by
the gentleman seeking the chanoe of zoning. This is definitely an
attempt for spot zoning and I'm sure that this Board, the City Commission
.ind I'm sure all these good people sitting here are opposed to spot
zoning.
ie publi nher of 'replica said that it was an emotional issue
:;ecaude of bombings. ;•1e11 I can guarantee you it is an emotional issue
out not because of n^ibings; because we want to protect our neighborhood,
an :-1 zone, and it has been since it was zoned. In fact, when the
.'it',' of '!i<-:^;i e :tended westward from 27th Avenue, that piece of property
was zoned 7:-1 at the time the City expanded and took it in. I can
understand that :'eniica needs more space. I'm in sympathy with that.
I'm also in sympathy with the landlords of office buildings up and
down 7th .; treet within .j or 10 blocks in either direction, east or
•,;ot. Tin morning :,_,n I went to work, I cameout at 30th Court and
7th Street and the i i r:;t: thing I saw looking across the street, there's
a nice 3 or 4-stor•' • uildinct right on the corner, and a sign about 4'
-32- February 23, 1976 Item 5
2a
high , "office :space for rant". I'm sure he can move down there.
iie •loesn' t have to encroach on a residential comritunity.
Another thing, :1r. Chairman. I'm sure that these people
knew that., this tarripnrty was zoned e-.l when they attempted to buy it
or if tilr'y have already purchased it, they knew it beforehand. There_
(:annot be any hardship claim on this because they did know that it was
-1 before they started into the proposition. Thank you, sir.
?r. iaean: Thank you very much. Alright, anyone else?
Anyone ell? Sir?
:lary: My name is Seth Slary, Box K, Miami 33133,
It seems quite obvious that the main question before you today is
whether to allow an encroachment of commercial use into a residential
neirlh4or.hood. I think it's quite obvious that within the City of
•tiarai that: the trend has been against this type of encroachment,
that citizens are always against this type of encroachment and it
doesn't add any benefit to the neighborhood whatsoever. Based upon
that, I urge that you vote against the rezoning.
:•tr. dean: Alright, thank you very much. Alright, anyone
else?
'r.. :Andre: t•1v name is .jasper 0. Andre and I live in the
';rape land Heights area and I know of the building and I know of
7tia :.street and I know of that particular issue. I believe that I'm
loi nc: to have to tell you right now, although the good people here
tonic;ht, many of them I know by just seeing at times. I do represent
r:rapeian'? Heights Civic Association and that takes in from 27th Avenue
•. 'ns t to LeJeune ;toad, and from North 20th Street down to Flagler.
'ihe;u people Zr.e in the same category as I am representing. That man
who owns that replica organization knew exactly what he was trying to
10 i,ecause he applied for variance, the C-2 in an R-1 residential
area.
:he not l.ernan , prior to me from the other side, told you
!xta, •tly the same thing. Grapeland Heights Civic Association doesn' t
Brant to destroy what we presently have as an R-1. We're trying to
i:eep the concept of residential homes, single-family homes. We're
trying to improve that whole entire area to be at least an achievement
to the City of Miami because we love the area and we're trying to make
it look presentable but not to destroy it more than we have to with
cor:n;ercial buildings in any shape, way or form.
how, he knew that, and he has been told by Mr. Rebozo.
:'here is, right up there -- there is 9, 8, 7, 6, 5, 4, right down
the lino. if he ,:lent into that, he wouldn't have to come in here
with an :<-2. So we don't know what he is trying to pull except he's
trying to destroy the concert of residential homes. While heb talking
about,his lawyer, you know, says about, you know, his storage -- he
only stores some things in there, and then says about an office --
well, 1 can see only trucks going in that area and the first thing
is ,not zoning, like the gentleman said. That could be serious in a
community. Gentleman and ladies, do not allow that: Don't tell this
man he has a chance. Tell him he has no chance for zoning because
we're going to look at this further. How I've been sent down here by
the Board of Crar.c.i.and Heights Civic association and I'm going to have
to tell you what they told rye to tell you, and I'm afraid of it too,
that he aloe"'sn't get this change_, It has to stay an R-1.
Than : you very much.
(Audience applauds).
"r. Pean; Thank you very much. Yes sir, step right up.
tr. .>ia : 'i•a' name is Zone ')iaz. I live at 2880 N. W. 6th Street.
to e:.rIress ;'ty feeling as a Cuban -American that there's no
reh-on - t;ler,,' ,s not a nrnnor reason involved. 1 don't read the
- 3 3- February 23, 1976 Item 5
2I3
"L.3({,7zine. Free enterprise I'm in favor of hut however, -= ekcuse me_,
thank you. (He .stops his speech to have his picture taken by
magazine'. photnetrapho_r) . Thank you. and there were two
►,ombings too, last year...
Mr. Dean: ,ire you running for office?
Mr. Diaz: Sir?
tir, Dean: Are you seeking office?
ir. Diaz: No I'm not.
Dean: I thought you said no.
Mr. Diaz: The pictures -- I wanted to be in it. Anyway,
I'd say a lot of -- high price for my house, you know - inflation.
I'm the youngest neighbor I think in the whole neighborhood, and
the only reason I have is because of my property....and you
mentiwned the bombings - there were two bombings. I broke my head
:Jccause I fell out of bed with the explosion. I didn't mind, you
know, because I know the situation, but he could list the emotional
reasons himself, by addressing the Board and making it look like a
speech, a political speech. I came here for that reason only, and
thank you.
'•ir. . Dean: Thank you very much.
(Audience applauds) .
ir. )ean: Alright, anyone else?
•ir. Gutierres: I believe that most of the points which I
' oinri to bring un...
ilver.n:an: Name and address.
.r. Gutierres: Oh, Gus Gutierres, 8841 Fontainbleau Boulevard.
I'm representing my father-in-law who lives right across from the
property in issue.
'ost: of the things that I was going to bring up have already
boon bro'::ht un :)y tir.. Alfonso and the other side as well. I think
Cloy y 1'r.ought out the weak points. One of the things I wanted to comment
on wn; that it's irrelevant that the Replica serves the Spanish
co:nmuni ty becaus;e they have other zoning areas where they can go to
without havinci to go into our property and devaluing our property
ri-a:ita. Further, i would like to comment on something that the
gentleman from eeplica said, "there's very little point that the City
is doing to bc, damaged by this"....it's a little point to him but
it' not a little point tc) us. We live there. Our kids live there.
',II those little children live there.
And now I'll address the bombing issue. As to the bombing
.:as right. We don't want the F.B.I. there and we don't
:.rant_ the (:ity Police Department there; we don't want them there because
c>f the .)ombing, and we don't want anybody who is going to bring this
Lind of activity whether it's begotten by themselves or somebody else.
,ow, era' t oppose their political views, whatever they may be. If
there are those that oppose them, well fine. However, I don't think
that or anybody would like somebody who brings this type of criminal
acti"'it•: into thc!ir neighborhood where there would be the F.B.I., the
t . %. , : r31d :'nr 1 nr whoever and Replica is within these people.
•.notncr :)dint that I would li':e to bring up is their intention
f ?ith to •:.lrr',' :)n a business there. It happens that the nentleman
-34- February 23, 1976 Ite;n
• •
» o rold t'ir land to the re people was also one of our relatives and
(for the rune wrto I am speaking for) , and i. t was understood that the
lentleran from ,.nolica was going to live there himself, not to use it
ror business purposes.
Further., as to technical points, he says there are technical
to brought out - well brine them out now: We're all here
all too}: our time to come down here. Bring them out now:
points
lnd we
(Audience applauds).
Another point that the lawyer brought up, he said on all
:sides there are commercial areas. I'd like you to look and see that
there are only - the property is bordered by only one commercial area.
To the side, it's a residential area, and on the front, there's a
'street in the middle and it's our house. On the other side of the
treet there's another house which is another residential area. I
fail to see where on almost all sides this property is bordered by
commercial buildings. For these reasons, I hope that you reject their
')ctition. Thank you.
Ir. or'an: alright, thank you very much. Sir?
"r. ;_)olk : My name is John Delk. I live at 3035 N . W.
4th Terrace.
:A11 the points that I have, have already been mentioned.
3ut to just reiterate - they mentioned the surrounding property was
commercial which was not true. As you see there, the only commercial
property is just north and he shows their property west - there's
a blank space there in which The other blank space up
there is occupied by a parking area and a drugstore. This may not be
true hut I want to bring this up. Possibly this residence in question
right now is being used for commercial purposes, and I want to know
how they're gettinu by with that, if it's true. Also, I'd like for
them to }gyring up the technical atmosphere if they would want to
discuss this. What is the technical atmosphere they want to discuss?
The applicant said they built that building which is not
true. The building in space 10. What else I have
has already been discussed so I have no other points.
%Ir.. Dean: Thank you very much. Anyone else? Anyone else?
sir We'll revert back to you for a few minutes' rebuttal.
Mr. Diaz -Asper: We have no rebuttal.
:ir. bean: No rebuttal? Alright, we'll close the public
hearing and have discussion among Hoard Members. Being none, the
Chair is ready for a motion if there's no discussion among Board
'4eminers. h11 at one time, a motion.
:1r. Silverman: Mr. Chairman, this is your basic spot
zoning case. I think wdve heard many over the years. There's nothing
unusual about this. It's a commercial enterprise that wanted to expand
into a residential area. That's why we have zoning and that's what
it's all about. I'll move to deny.
to deny.
Ir. .)ean : Alright, you've heard the motion by fir. Silverman
'irs. Basila: I second it.
lr. '.jean: Seconded by Firs. Basila. Other discussion?
Being none, call the roll.
-35- February 23, 1976
Item 5
zB
i4r. Davis: 'Ir. Chairman, this motion is to recommend
denial to the t.ity Cr)mnisgian.
"Ir. Doan: ...To the City Commission...
"Ir. Davis: The Commission must hear this iter no matter
what the decision is.
:)ean: We just said it.
Ir. Davis: The motion is to recommend denial to the
City Commission.
Thirty-nine objections were received in the mail.
Silverman offered the following resolution and moved
its adontion:
RESOLUTION NO. ZB-38-76
RESOLUTION REC0Mt1ENDING DENIAL OF CHANGE
OF ZONING CLASSIFICATION ON LOT 11, BLOCK
1, GROSSE POINTE HIGHLANDS ADD. (40-56) ,
33EING 601. N. W. 30TIi AVENUE, FROM R-1
(ONE FAMILY) TO C-2 (COMMUNITY COMMERCIAL).
Upon being secon(lrr1 by 'Irs. Iiasila, this resolution was
and adopted :)y thn following vote:
AYES: Mossr'. Alfonso, fort, Johnson, Silverman, Dean.
'1mrls. Ram, l3asila.
LAYS: :lone.
Ir.. !)ean: Alright, thank you all for coming down.
(Audience applauds) .
Mr. Davis: Sir? You will be notified of the hearing with
t " City Commission.
Mr. Alfonso: You have the right to appeal.
- 36- February 2 3 , 1976 Item 5