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6/2/76
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RESOLUTION NO.
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF A PORTION
OF S.W. 33RD AVENUE SOUTH OF S.W. 11TH STREET
IN CONJUNCTION WITH TENTATIVE PLAT NO. 949 -
"WOODLAWN PARK CEMETERY GARDENS SECTION B",
WHERAS, the Miami Zoning Board, at its meeting of
May 17, 176, Item No. 5, following an advertised hearing,
adopted Resplution No. ZB 94-76 by a 6 to 1 vote recommended
denial of the official vacation and closure of a portion of S.W.
33rd Avenue south of S.W. llth Street as hereinafter set forth;
and
WHER$,AS, the City Commission, notwithstanding the
mcommendation
consiueration
of denial of the Zoning Board, after careful
of this matter, deems it advisable in the best
interest of the general welfare of the City of Miami
inhabitants to grant the
forth;
and its
vacation and closure as hereinafter set
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:.
Section 1. The request for a vacation and closure
of a portion of S.W. 33rd Avenue
conjunction
south of S.W. llth Street in
with Tentative Plat No. 949 - "Woodlawn Park Cemetery
Gardens Section B", be and the same
PASSED AND ADOPTED this
1976.
ATTEST:
CITY CLERK
is hereby granted.
day of
PREPARED AND APPROVED BY:
M`A Y 0 R
MICHEL E. ANDERSON, ,Asst. City Attorney
APPROVED AS TO FORM AND CORRECTNESS: "DOCUMENT INDEX
ITEM NO,�:
3'OHN S . LL6YD ,
CITY ATTORNEY
cart t.. 4y
e-m O 77(
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO:
FROM:
Honorable Members of the
City Commission
/,"2.41.01.411'.4
P.W. Andrews
City Manager
DATE
JUN 2 5 1976
SUBJECT Item # 7
City Commission Meeting
July 1,1976
REFERENCES
ENCLOSURES
s ZONING BOARD FACT SHEET
PETITION:
Vacation and closure of a portion of SW 33rd Avenue
south of SW lith Street in conjunction with tentative
plat #949 - "6ti'OODLAWN .PARK CEMETERY GARDENS SECTION B".
EXPLANATION:
The subject portion of this limited right-of-way ends
within the applicant's property therefore its closure
would facilitate greater ease of movement within the
property and remove responsibility for maintenance of
this right -of --way from the City.
APPLICANT:
Woodlawn Park Ce:uetery, April 23, 1976
PLAT AND STREET CO,•1MITTEE RECOMMENDATION:
The Plat and Street Committee recommended both the
street closure and the tentative plat.
PLANNING DEPARTMENT RECOMMENDATION:
Approval of both street closure and tentative plat,
subject to construction of new turn -around north of
proposed closure area. Approval of this petition does
not include approval of cemetery use for all of the
subject plat. This is a conditional use requiring a
separate hearing.
CITY COMMISSION
MEETING OF l
J U N 91976 �1,
r
f 2
1
1#ot orAble Iviettbers of the City Commission
ZONt G BOARD RECO:.1. 1E`D. ' LO\:
Denial of street closLre, at meeting g of May 17, 1976 by 6 to 1 vote.
City Commission:
Deferred June 9, 1976
•
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PAR K
'CEMETERY
•
Ittrihn
may 24, 1976
Honorable City Commission
Attention: Mr. P. W. Andrews
City of Miami, Florida
re: STREET CLOSURE RECOMMEND DENIAL
Portion of S.W. 33rd Avenue,
south of S. W. llth Street
T. P. 4949 - "WOODLAWN PARK
CEMETERY GARDENS SECTION B"
Applicant: Woodlawn Park Cemetery
Gentlemen:
The Miami Zoning Board, at its meeting of May 17, 1976, Item #5,
following an advertised Hearing, adopted Resolution No. ZB 94-76
by a 6 to 1 vote Recommending Denial of request for the official
vacation and closure of a portion of S. W. 33rd Avenue south of
S. W. llth Street, in conjunction with Tentative Plat 4949 -
"WOODLAWN PARK CEMETERY GARDENS SECTION B".
Four objections were received in the mail; ten objectors were present.
Five in favor of this item were present; one in favor was received
in the mail.
A RESOLUTION to provide for this Vacation and Closure has been
prepared by the City Attorney's office and submitted for con-
sideration of the City Commission.
cm
Z. M. 40
Attached: Minutes
cc: Law Department
Planning Department
Sincerely,
J
Robert A. Davis, Director
Department of Administration
Planning and Zoning Boards
r
NOTE: Planning Department recommendation: APPROVAL, SUBJECT TO
CONSTRUCTION OF NEW TURN AROUND NORTH OF PROPOSED CLOSURE AREA.
Tentative City Commission date: June 10, 1976.
5. Request for the official vacation and closure of a
portion of S. W. 33rd Avenue south of S. W. llth Strr_et,
in conjunction with Tentative Plat 4949,
WOODLAWii PARY CEMETERY GARDENS SECTION B.
Secretary filed proof of publication of Legal Notice of Hearing and
administered oath to all persons testifying at this hearing.
PLANNING DEPARTMENT RECOMMENDATION: APPROVAL, SUBJECT TO
CONSTRUCTION OF NEW TURN AROUND NORTH OF PROPu6ED
CLOSURE AREA.
Request for closure of right-of-way is in the public
interest.
"SUPPORTIVE
TEN OBJECTORS TO THIS ITEM WERE PRESENT. DOCUMENTS
�J1j ENT
FIVE IN FAVOR OF THIS ITEM WERE PRESENT. V V �j I1 nn�� J
Mr. Davis: Mr. Chairman, this plat and subsF -�3 Xe
of street has
Committee.
been recommended and approved by the P1 t and Street
Mr. Dean: Alright, Mr. Dooney?
Mr. Dooney: Mr. Chairman, this application for closure
concerns an improved right-of-way known as S. W. 33rd Avenue and has
been advertised as south of S. W. llth Street.
The application or the area concerned is somewhat south of
S. W. llth Street inasmuch as it toes not relate to two existing dwelling
units that are just below S. W. llth Street. The applicant, Woodlawn
Cemetery, wishes to have the closure occur in order to join properties
that they own to the west of their now -existing cemetery property.
The Department has recommended approval based principally on
the Plat and Street Committee's review of this application this evening,
and likewise, as a condition, we are requesting that the applicant
construct a new turn -around immediately north of the subject property
to allow for egress and ingress to those properties which directly abut
S. W. 33rd Avenue.
Mr. Dean: Did someone say it was advertised wrong?
Mr. Dooney: No, it was advertised properly. I was just
raising the point that it was advertised generally. It said south of
S. W. llth Street. There are two properties...
Mr. Davis: That's the proper location of it, Mr. Chairman.
It's legal.
Mr. Dean: There's two locations you said?
Mr. Davis: No sir. There's only one location. It's as
stated. There's no problem with that I'm sure.
Mr. Dean: Alright. Go ahead. Are you finished?
Mr. Dooney: Now the point I was raising, Mr. Chairman, is
that the location as Mr. Davis has pointed out is a general location
which is legal. The closure does not affect the two properties which
were immediately south of llth Street. These two properties are not
affected.
Mr. Dean: Alright sir? StaLe your name and address for
the record.
Mr. Trantham: My name is Tom Trantham. I'm a lawyer.
-20-
May 17, 1976
Item 5
ZB
represent Woodlawn. My office is the 16th floor of the 1st National
Bank Building, Miami.
Mr. Chairman, ladies and gentlemen, I have laid before you
a survey sketch showing the location. To better acquaint you, perhaps --
if you'll look at the sketch you'll see S. W. 33rd Avenue and that
portion of it extending southward below S. W. llth Street. Actually
the portion that we're talking about, asking to be closed, starts 106'
and a fraction, south of the intersection of llth Street with 33rd Avenue.
Woodlawn owns the property on either si,le of the road tl_Ire at 33rd
Avenue and 33rd Avenue now deadends down at the south end where it
deadends in property also owned by Woodlawn. Woodlawn also owns the
home which is immediately on the west side of the property.
"
Mrs. Basila: Is that over here, sir? a3i_! i�?\—.} L-
""1'1''! !„ ; �!__rfy
Mr. Trantham: Yes m' am.,_ > > ...; { 0
Mrs. Basila: And will you pinpoint on here lor.ius....0S41,ptly
the spot that you're speaking of? There's a little co,ifusion.
Mr. TranthamU: Alright. Here. Starting right here, as
I'm indicating to you, Mrs. Basila, a line below Lot 6, of the south
boundary line of Lot 6, extending from west to east across S. W. 33rd
Avenue. If 1 may, I'll unfold this sketch...
Mrs. Basila: Pe::►aj my colleagues can see that, too...
(Mr. Trantham asks his assistant to hold the sketch
for viewing.)
Mr. Trantham: Alright. I'm now pointing, and the lower left-
hand corner of this sketch, you see S. W. 33rd Avenue. Also, if you
will, I'll indicate up in the upper righthand corner as it faces you
S. W. 33rd Avenue, and at the bottom of that reproduction at this corner,
I point first to a tract where it's written R-1 which is on the east
side and then R-2 on the west side. That shaded area of S. W. 33rd
Avenue, starting there at the southside of Lot 6 and extending southward
about 104', there's the area we're talking about. That's about 104',
105', to the S. w. 33rd Avenue that deadends up against this property
here which is also owned by Woodlawn. Woodlawn owns the south, the
west and the east.
What is proposed, simply, to close that deadend property for
about 100' so that properties will then be contiguous.
Mr. Dean: Alright. I wanted to try to do it at the same
time so the opposition can understand. While you were holding it up
and showing it -- well, we might have to do it again.
Mr. Trantham: Alright, will be glad to at any time you want
me to.
Mr. Dean: Now, are you in agreement with the recommendations?
Mr. Trantham: Well, I'm in 100% accord with the recommendations.
I might add that in conjunction with the recommendation that was made,
Woodlawn has already gone forward with the City to determine just what
was and would he required in the way of landscaping, sidewalks and turn-
arounds, and the performance bond and the amount of the cost of this has
been established. The anticipated expense is $2,500 for landscaping,
concrete pavement, removal of the existing curb, create new curb, remove
the existing pavement and engineering and contingent cost for a total of
$2,500. We have a bond ready for filing already approved, in proper form,
to cover the cost of the turn -around that's suggested.
Mr. Dean: Alright, then we'll hear f:.om the opposition and you
-21- May 17, 1976 Item 5
ZB
will have an opportunity to make a rebuttal.
Mr. Trantham: Yes, I think that would be better. Thank you.
Mr. Dean: Okay. Alright, those in opposition? Would you
please take this mike? Those in opposition of the application?
Mr. Trantham: (Aside) She's going to be a hard act to
follow...(Chuckle, chuckle).
Ms. Garcia: My name is Mary Garcia and I live at 1112 S. W.
33rd Avenue. Okay?
We're the ones, I believe, most affected by this change. I
don't consider it an improvement to have the cemetery closest to us. As
I heard the gentleman over there say before, they already own most of
the property around them. Considering that they own the property that's
right next door to us, which is our next door neighbor who's sitting
over here, we feel that there's no reason why they not extend
the cemetery, maybe even now or at a future date, closest to us. It
would affect us -- we own our house there. We believe that it would
affect us as far as the value of our property there. We also rent the
house next door and in the past we have encountered problems renting
it to other people because they're afraid of a cemetery, and it hasn't
even been that close to us. So you can imagine what it would be now
if they keep getting closer and we'll be bordered on all sides by it.
Aside from that, if the cemetery gets too close to us, pretty soon it
will be like we're living inside, you know, and we're still alive. That
I don't like either.
I don't think that the landscaping or any other improvements
that might claim to be done really will affect it in any way because
the cemetery will still be there.
I. understood something about the distance from us -- the wall's
going to be extended an additional 100' to 106'. Well, that will put it not
very far, you know; from where we are now and if we looked out the window,
we see the cemetery right on top of us; if we looked out the door, we'd
be right on top of it. We already have a deadend street. If they close
that out, I really don't see how they can close out the street. It's
very little and very limited as it is and then chances are we might not
ever be able to get out of there as it is. I really don't know.
For those reasons, we oppose it. We don't know what their
future plans might be. We don't know whether a couple of months from
now or a year from now or something, we'll find ourselves right in the
midst of it. For the reason as far as personal property goes, we feel
we're going to lose money on that. We feel we'll lose money now if
we can't rent the property next door because people are afraid to move
by the cemetery. I don't think it's an improvement and I really don't
want the road cut off because we only have one road as it is right in
front of our house...
Mr. Dean: Alright. Have you had an opportunity to review
the plans?
Ms. Garcia: I have seen it, yes, to a limited extent. I don't
really understand it though.
Mr. Dean: Alright, now. That's the point that I was trying
to make now. If you would hold the plan up and then they can try to
explain again...
Mr. Davis: Maybe, Mr. Chairman, they could review this with
the opposition at the Clerk's Office on the counter there, and might be
able to work with them directly on it, Mr. Chairman.
"
i t
1
VV �
n' A,
-22- MAY 17, 1976 Item 5
ZB
Mr. Dean: Okay. Alright, you can get with them.* We'11
just skip over this and go to the next item while you go out and try
to explain it to them. Might he best that way.
Mr. Trantham: Alright, surely.
Mr. Alfonso: Mr. Chairman? I want to ask the lady if she
will tell me her address again. 11-what?
Mr. Dean: 11-what?
Ms. Garcia: Our address is 1112 S. W. 33rd Avenue.
Mr. Alfonso: 1112. It's not marked here. I want to count
how many are in opposition. Thank you.
Mr. Davis: Mr. Chairman, could you explain to the people
that they can go out and get the information on this?
Mr. Dean: (To Ms. Garcia) Tell them they can go outside
along with you. Mr. Perez? I think you'd better explain...
(Mr. Aurelio Perez proceeds to explain to the opposition,
in Spanish, that they are to go out with Mr. Trantham
to the Clerk's Office in order for him to explain the
plans to them) .
Note: Item 5 reconvened at the end of Item 3 on the agenda.
Mr. Dean: Now, are you assuring this Board that there will
be no break-ins out there? Anybody going to wake up, are they going to
break into those peoples' houses?
Mr. Trantham: None of our regular customers will:
(Laughter
Ms. Garcia: I don't know what you all want from
Mr. Dean: Well, we want to see whether or not they have
explained it to you and you had better understand it, and to see if
your position is still the same.
Ms. Garcia: Yes, it has been explained fully to us at this
time and I do understand, but I still hold the same position I had before.
Okay? The only difference that I could see, you know, that I didn't
know before was, supposedly, that area belongs to the public. Okay?
It's a public facility. It was mentionedin there or outside, or
whatever, that they would only move it up -- we would still have access
to the road which I think we're entitled to anyway. Okay? It's not
that they're doing the public a favor because we're still entitled to
it, otherwise, how would we get out of the house? So, that's the only
thing.
Somebody else mentioned that at the existing time, workmen
come into the cemetery and they'll use that road. Well, you know, and
that that will provide a better service in that aspect. We wouldn't
have trucks coming by. Well, nobody has ever complained before that the
trucks are coming by so I don't see where that's a question here. We
have never objected to the trucks coining by, so they're really not doing
us a favor in closing now when for so many years they've had trucks
coming by. So to me that's still at a standstill in that aspect.
" Unr)e �>-rj1fr.
''L • Y
FO L L . V I '�
-23- May 17, 1976
Item 5
ZB
I still say that it's not -- somebody mentioned 'superstitious'.
Well I don't think that the dead people are going to come out and it's •
not the fact that you have to look at a grave. A lot of people, if you
will really examine yourselves, do not want to look out their window
and see graves. You don't want to look out and see people, I mean really,
they'll come -- some people have better ]hearts than other' -- they bury
their loved ones, and they'll come and they'll cry. You know, it doesn't
affect me if people cry one way or the other to tell •you the truth but
I don't like to see people being emotional when like I'm maybe taking
a shower and look out my window and here is everybody r,_:`.tinq flowers
all over the place, and you can see them when they come in for funerals.
If they ever do make graves close to my house, which they say they don't
plan now, but I think they will in the future, maybe not, maybe so, but
since I don't know one way or the other, I still don't believe that's
right. I don't feel that we should, you know, after we have found a
home to live in which we consider to be a residential area -- we knew
that the cemetery was there all along. The neighbors, you know, we can't
critize the neighbors in the cemeteries 'cause they're really great!
No complaints. But still, in the future, I know thr:t as far as we're
concerned this is a residential area; the property will lose it's value
and we have not had an appraiser come in or a real estate person to
give an evaluation or anything but it just stands to reason, and in most
cases you know that the value of the property goes according to where
it's located at. If you can't sell a house because people object to a
cemetery, well then you're going to take a loss. I don't see why we
should take a loss or be forced to live in a place where we're unhappy.
:Most of the people where we are now would be unhappy knowing
that we're aoinq to have the cemeteries practically at our windows or
doors and that we're going to be cut off. Whether it happens now or a
week from now or two years from now or three years from now, well -- I
hope to be around three years from now, or four years from now or ten
years from now. I don't see the reason why the cemetery should move
that close up to us or why they should cut off the street; why they
should only be 6' or 7' away from us. Also, taking into consideration
that the people next door (well, the cemetery owns the house next door),
there's no reason why they shouldn't build there later on although
they're not going to tell us right now and I don't expect them to. I
was fighting with the problems that we're living right inside the
cemetery because we'll be blocked off on all four sides. I believe they
own three of them. There's only one left and that's the one we're on.
For all these reasons that I've stated, I still believe --
I understand the plan and I understand what they're going to do and most
of the people here do not speak English and I'm sure that they all agree
with me and they asked me to come up here and speak for them. They're
all in full agreement that the property will lose its value and, you
know, 'beauty reasons' has nothing to do with it, whether the cemetery
is going to look nice or not. They feel that they are entitled to what
they're worth as far as their property goes and their personal satis-
faction goes, and we don't want it there and it's not because of
superstitious reasons or things like that.
Mr. Dean: Alright, sir?
Mr. Trantham: Well, there might be a bit of relevance to
what the young lady said if we were asking you all to allow us to build
a cemetery. We're only asking for the use of the property for cemetery
purposes. We cannot use, at this time, the property that is right next
door to this lady. If you look at that -- she lives on Lot 6, and
Woodlawn owns the property right next to her. Now we're as close to her
as we could ever get and we can't make a cemetery out of that property
unless you all, the City, gives us pe:.nission. This property - there's
a little piece of street over there - doesn't have a thing to do with
whether we can use that property for cemetery purposes. We're not here
to ask you to allow us a conditional use for cemetery purposes. All
L)r
-24-
May 17, 1976
Item 5
213
we're asking is that you close that useless piece of road that is only
used for a turn -around and for an access to property that Woodlawn now
owns so that we can have the use of it for general purposes consistent
with what is now allowed by law.
There are some advantages to closing that street. First of all,
it's in the public domain now and not paying taxes. If it is closed
and becomes private property, it will be subject to taxation. By the
same token, when it becomes private property, the City of Miami won't
have to maintain it. It won't have to keep it paved. 7t won't have to
mow the grass or maintain the landscaping. So in one lick, you have
cut off an expense and increased your income. That's a double-barreled
saving to the City right there in one swoop: It becomes a productive
asset to the community as opposed to something that is useless and
an expense.
I'd also like to point out that historically this piece of
property there has provided an access to the property that Woodlawn owns
immediately to the east, that one-story CBS shop and:lffice building, the
tractor shed and where they store things, and from time to time they
have robberies, break-ins and burglaries because there is ready access
to that deadend street there and we do have to call the police from time
to time. That will be, I cannot say eliminated, but I can say it will
be greatly decreased because we'll have a fence across there and the
access will be much, much more limited.
So you'll be elir..ir,ting a substantial item in the number of
police calls in there. You'll be eliminating the threat of robbery and
losses to a commercial venture.
I'd like to also mention, Ms. Garcia knows this, but that area
down there for those people that don't mind a little spooks around while
they're doing their midnight smoochin', that's been a lovers' lane area
for a long time. It's not entirely savory down there in the evenings.
Ms. Garcia: It provides free entertainment.
(Peal of laughter....)
Mr. Trantham: My name's Tom, but it doesn't come with 'peepin':
Ms. Garcia: It keeps people off the street and from committing
crime. Increases the population but it doesn't cause crime:
Mr. Dean: Alright. Let me ask this question.
Mr. Trantham: Yes sir.
Mr. Dean: Now, this is for approval subject to a new turn-
around. A while ago, you mentioned for 'other purposes'. Can you
delineate to me, other than what it's saying here, what you really want
to use it for?
Mr. Alfonso: That's a good question.
Mr. Trantham: Wait: Mr. Dean, we don't have any particular
purpose in mind at this time.
Mr. Alfonso: At this time:
Mr. Dean: All I'm saying, on this request here, it says "the
official vacation and closure of a portion of S. W. 33rd Avenue, south
of S. W. llth Street, in conjunction with Tentative Plat #949, Woodlawn
Park Cemetery Gardens, etc." Now I'm looking over here where it says
they recommend approval subject to construction of a new turn -around, north
of the proposed closure area.
-25-
May 17, 1976
Item 5
ZB
Mr, Trantham: Yes.
Mr. Dean: So, if you're saying a turn -around, they're
recommending a turn -around area, then what are you going to use the
other part of it for?
Mr. Trantham: Let me show you. 'i'he turn -around has already
been pretty well designed and planned. It would fit in right here at
what is the north end of the area. That would be paved and curbed and
what -have -you, in order to provide an area for cars to Jrn around. It
would encroach a little bit into that north end or what's left of
33rd Avenue. This would -- they will probably, this home is now
occupied by an employee of the company. In time, this will probably
be knocked down, this will be opened up and there will be one solid
piece of land across there. They may make a nursery. They've got
to provide a growing area for plants. ;aybe a tractor shed. An office,
or what -have -you. There is no definite plan for the use of this at
this time. What they do have in mind to do is to take a map of the
entire area of Woodlawn which is a pretty big chunk of land (it covers
a pretty large mass), and go over that carefully and create, in effect,
(and pardon me for using the term, but it's in vogue now), a Master Plan
for the use of their entire property there. The locations of offices,
mausoleums, grave sites, whatever, throughout the entire parcel.
Theoretically, they might create all the office arrangements over at
this end, all the work sheds or what -have -you.
Mr. :.jean: Pc what you're saying now? That's the
very thing I'm trying to find out. Are you going to put a little office
on one part of it or. what are you going to do? You see, in other words,
just closing the street, and that's all: I want to know what you're
going to intend to use it for.
'fir. ?rantham: Well, like I told you. We don't have any
fixed or definite plan for its use. It's aot to be studied in relation
to all of the other property that is involved and this would enable you
to plan for use of this land on the east and this land on the west as
one continuous piece of land rather than a chunk that's here and broken
up that you've got to go around your elbow to get to your thumb to:
Mr. Dean: It still isn't coming through to me. I'm a little
my head, you know.
Mr. Trantham: Let me ask Mr, Sharp.
Mr. Dean: Yes, because it isn't getting to me. Why close
the street: If you're just going to close the street just to be closing
the street, I want to know why:
Mr. Silverman: Well, let me answer the question, if I may.
Mr. Dean: Okay.
Mr. Silverman: liow many square feet are you closing?
Mr. Trantham: It's approximately 104' X 81'.
Mr. Silverman: Okay. The reason is that by spending $2,500
to move the turn -around, they're getting 8,000 feet from the City for
free.
Mr. Alfonso: That's correct:
Mr. Silverman: Thev can eicner use it now or someday use,
either in the cemetery business or in some other business. That's the
economical answer, economics' answer. So you're getting 8,000 feet for
free, whatever that's worth. Their answer is, "we're going to put it on
^26-
May 17, 1976
Item 5
Z8
the tax roll", and that's true. They are going to my taxes on it
but they're getting 8,000 feet for free that some clay they will use
in some capacity which they da not know what for at the present time,
but the fact is, they will get this lane! ,and they will some day use it.
fir. Alfonso: Mr. Chairman?
Mr. Dean: Yes sir?
Mr. Alfonso: I have a few :suestions here t:ha'-'s bothering me.
First, if the Board takes any action tonight on this item, then it has
to stop? It will never.reach the City Commission? It will die here?
Mr. Davis: This will have to go before the City Commission,
Mr. Alfonso.
Mr. Alfonso: Okay. Thank you, That's one question. The
other question was equivocated by the lawyer when he said that in
Lot 7 was now used as a residence cf one of the emp eeees, and he was
living there. The map is very clear here for me. <'.iy own Lots 7,
2, 3 and they ask to enclose this part today, and they have no intention
"at this time" to use it because later on, they will come here and they
will ask to move and to enclose the other part free until they reach
llth - until they reach any street. That's logical for a business man
to do. I wish that someone would give me that piece of property and I
can use it in a very lucrative business like Memorial Park. But it
doesn't seem fair to mt . eeo.;tmendation of the Department said,
"it's in the n.`.'ic interest". The only interest I see here is for the
owners of the Park. I don't see a,:yt.hino in the public interest. We
have to stop some ;.lace the encroachment of business in the residential
section. We have to stop some place: I think this is the proper moment
to stop this: it's very simple here. It's a variance they're going to
use. Secondly, ; was reading here the list of the owners, and more
than 7 from the 16, besides the owner of the cemetery, object. That is
more than 33%. ._::most 40% of the neighborhood is going to be affected.
I think that that's th community. That's the reason I am against it,
the closin(; of -.:his part of the street. I'm giving free to no one, in
exchange for noth ir.a :
Mr. Dean: Mr. Campbell? .yid you want to say something?
Mr. Campbell: Mr. Chairman, Members of the Board. For the
record, my name is George Campbell. I am a representative from the
Department of Public Works for the City of Miami. We have concurred with
the Street and Plat Committee on this item, in that we concur with the
closure of this portion of Avenue. We will, as Counsel has stated,
require a turn -around at the end. Now at the present time, there is
access (this is a divided roadway), and there is access southerly around
the end and back northerly. This would also be afforded, on completion
of the plat, etc., by the subdivision improvements. There is no
refusing access to any of the public and property owners in here.
I submit that probably in the site development plan, whatever,
there would be a wall along the oronerty line across the end of the
street which would prevent access. Now if there is one of the employees
of the cemetery who lives in one of the given properties there which is
within the cemetery ownership, I would submit that possibly the cemetery
could afford him access by some other means. There is a roadway easterly
of this property to which they could provide access. But as far as
Public Works in concerr..ed, the closure of the street devolves upon the
ownership on either side. The cemetery owns either side of the roadway
for this depth of 70 some -odd feet, 100 feet, whatever it is, and they
can, by application, close that rortir:.. But they also have to provide
for the public access in this area by providing a turn -around, by
providing access around the end of the center parkway. That's it: We
have no objection to it.
-27- May 17, 1976
Item 5
ZB
Mr. Dean: Alright. Mt. gooney, do you want to respond?
Mr. Doonev: okay. Mr. Chairman, our recommendation this
evening was that •; a apnrove this application and in so approving it,
we felt that the application was and is in the public interest. Again,
this matter of street closure has come before the Board on a number of
occasions any te matter ha'; come up in regard to compensation. I do
not think that the matter of street closure should stand against the
matter of compensation.
This ce:cnina, the picperty owner has properties on both sides.
The closure will not impact abutting properties as to egress and ingress.
Moreover, it will provide then, r.ore expeditious egress and ingress,
remove this property from the ta:: rolls, or remove it, let's say from
the status of not being on the Lex rolls and public rolls and place it
on the private rolls.' 1 think there has been some concern this evening
in regard to the fact that ::he cemetery may expand. The Code does
allow for expansion or, ro citionai use if the property is contiguous
to existing cemetery. Those conditions already exist with the exception
of this particular niece of right-of-way. We feel th<.e the right-of-way
as is, 80' X 10 or 106', is rather insignificant. It will not affect
the public purpose. For these reasons we bring your attention and your
Plat and Street Committee brings your attention to the fact that there
will be no adverse impact.
For these reason -, . '.his Department has recommended that it is
in the public intere `_ ee the street.
Mr. Alfonso: MY. :iooney, , don't you see here that they own
Lot 7? They wil L:e c, three or four months from now, and ask to extend
the enclosure. 'he':' own Lot 7 here that now one of the employees of
the cemetery is livinc; iin). when they want, they can say to the
employee "we're hot cy)ine to rent anymore to you; you have to move from
there", and they're gci.r.c; to keep on going north. They'll be asking for
more and more an more; What we're trying to prevent now is the
encroachment into the residential area and to stop this. It's very clear
to me they houeht Lots 2 and 3 here in the back, they own Lot 7 where
the present use l s residential, but they're just going to change the use
and intention.
Mr. Doonev: Mr. Alfonso, if that had come before us, our
recommendation would have been for denial.
Mr. Alfonso: Well, .I don't know the future but I can see
where they're coming, and this is the moment to stop it. This is the
way I see it, Mr. Rooney.
Mr. Dooney: +e have evaluated this application in the context
that it is today with little or no presumptions as to what is going to
occur. We feel that it is in the public interest and this is our
recommendation to you.
Mr. Alfonso: l don't agree with you.
Mr. Dean: Alright. Do we have any final words...?
Mr. Trantham: Just one minute please...
Mr. Sharp: Ladies and gentlemen, my name is Charles Sharp.
I'm the President of Woodlawn and my address is 1866 Tigertail. Mr. Dean,
I believe, asked the question of what use would we make of the property
immediately. I can only say, Mr. Dean, that we would use it for general
cemetery purposes. We do have in mir., studying our entire property and
trying to -- there ' l 1 n,,.`,,. : be a7ot :er cemetery in the City of Miami and
we're trying to do the best that we can with what we have left.
ti
As to the immediate use of the property, it would probably be a
-28- May 17, 1976 Item 5
ZB
Storage area and a nursery for our crowing stock.
Mr. Dean: Okay, see? You stated exactly several of the
questions that I've asked, you see? A storage area and I heard him
mention something about -a tractor or something else but at least you
are specifically savine what you want to do. That was my question:
Mr. Tr anth im: Well, didn't know and I figured you brought
it here from the 'horse's mouth', I mean Mr. Sharp: (Chuckle) .
Mr. Dean: Oknv, 17 close the public hearing and have
discussion amen:- Bo,. rci Members, and now I'll ask you a question.
Ms. Garcia: '4??
Mr. '.ean: lcj•} -.':ant to say something, so that's our way of
asking you a question. yoe have anything to say?
Ms. (_;': •cia: Yes. After I heard what he hid to say, I was
thinking about i'c being in the public interest becau of taxes and
things, and before it was public property and the City wasn't getting
any money for it. 1 couldn't see why this action wasn't taken long
ago.
Also, all through his argument,I had not seen a purpose until
you specifically'Kept a_..__ for one which was what I wanted to know
from before. I , a:z' L hyriody would do something without a
purpose. N:)w ;:h:_ 7_he puroose comes after, okay?...comes much,
much after all ti i s been going on and you have specifically
asked for a pure o.it:• , t ` my belief that people are under the impression
that you wanted ; pe,r pose and you were given one. But whether that's the
purpose or no: i s c:___ ..r_% ?t car, 1 have heard all through this
'at this tim:� , at t:h s snd well, things are not done from one day
to the next, At eh s L lms I be right hers and in a couple of minutes
from now I r :ht h,, =.ci- 1 don't believe that people just worry for
this time and :an, thine at all. It seems to me, okay,
that if the prcbl.c..: t c,,, , ! at they wanted to do the City a favor like
paying private ta..._ _ - end _• 5est cutting it off so the City won't have
to -- it wi l bo nevine _, :cre as opposed to expenses ---then I also
remember what Mr. Silverman _„ i-d here, that they're actually getting a
lot of property for free. I th;.nk that's also a very good business deal.
If I had the money I wc'- d buy them out, too, and try to get some of
that property. The fact tip,-.t they're giving us access to the public
road is no favor because I can't see how they could close something
that is a public road and we do have to drive from our house out to the
street. If that were cl_o_-cc and they weren't doing us the "favor" of
letting us have access to tho outside, how would they expect us to
leave our front door? IF Ceat were the question; I really don't see
though how it can benefit the public where we, the public, the immediate
people that live close~ tc this property -- by close I mean 3, 4 and 5
blocks -- when we' :r• cnoinq it, obviously we can't believe it's for
the public interest. It ,,, :;t11c be to the City's interest because you're
getting income but as Mr. Silverman said before, you're losing property
and they'll be qe :ti g property for free. In that aspect, well if the
City wants raona r:nd additional income coming in or revenue, why give
them access to th t property end not take it for the City themselves, or
have somebody u_s� '>_,;� the property for l'ou if it's a question of money.
I think they woul r. ' t- ex:u.7:nd to do a benefit for the City unless they
would be benefited somehow themselves. I believe, you know, that people
are generous bee if ':hLs were the problem, that they would come in here
so that the City could have an additional income and less expenses, this
would have been core a long time ago because I assume that Woodlawn hasn't
been there for. ;t.;.:)t tl:le last .,ear o- .:ouple of years.
I believe, and Lhe re ' s just no way that my :Hind can be changed,
that there must be enether motive for, this and even if they were to
provide it for storage eerposes, it would look more like a warehouse.
t.., t ( t "� S
-29- May 17, 1976 Item 5
ZB
I don't think a warehouse or whatever type of fencing has any right to
be close to a residential are:. I think that if they start by taking
some of the sidewalks, little by little I believe expansion is whit
they have on their. mind. That's what T would have on my mind, too. It's
not the raves ,o much but the fact that I believe that I don't want and
none of us would want the cemetery right by our windows; we don't want
it for storage purposes and we do not want limited access because that's
what it, in effect, would be. I believe_ that from where I would leave
from my house to where I would have access to the road cannot be more
than ten feet, considering that they own 1,ot 7. I don'' think that's
too much of a., you ',nog--- tc; r' t would be like they were oppressing us.
Little by little we'll he bordered on them and to me that's like oppression.
I can see how "at this time, at hi.s time" because nobody goes out and
takes anything, either property or land or countries or anything, and
all in one step.
For thole reason, I and my family, the Garcias , and all our
other neighbors,objer_t to it.. If it's supposed to be in the best interest
of the public, okay, and we are the public (I'm surer we're not all the
public but are these ,most directly affected by it) ; c•. _ don't believe that
it's helping us. It cannot be helping us, but if it's a matter of
whether it's in, yoe know, for the benefit of the City, we'll that's an
entirely different story. We coup' have come up here and said, "well,
if it's for the benefit of the City" and being the public, you know, we
might have wanted tc benefit the City. But if it's in benefit of
woodlawn Cemetery which i 1-,"ieve it is and everybody in the immediate
vicinity believes it '.e '-hen I don't see (if we're the public) how
it can benefit us when we t nk to the contrary. That's our position
in this matter.
Mr. Dean: Okay. Alright, Mr. Silverman?
:dr. Silverman: Ms. Garcia, you own Lot 6?
Pis. Garcia: Yes.
Mr. Silverman: You do not or you do own Lot 5? I thought
you said you rented it out.
Ms. Garcia: No. Our house -- we have a house and it's not
a duplex, it comes as one house. We have four rooms, you know, two baths
and all. We rent right next door. We have a common wall. Their living
room and our livinc room is a common wall. We rent that to other people.
Like they rent it to us for ,25O a month. We know, because we have
encountered this problem in the past and not having the cemetery as close
in the past as it will now be, and for whatever purposes it will now be.
We have had trouble renting it before. We had this one lady who came in
and she was going to have her mother move in there, and when her mother
saw that it was close to a cemetery, the whole plans were cancelled out.
We had to return her money back. This has happened time and time again.
Mr. Alfonso: And you know that the map does not reflect that
you are in objection? It's supposed to be in red, No. 6 there. It is
not.
Ms. Garcia: We're Lot 6...
Mr. Alfonso: But it's not marked in red.
Ms. Garcia: okay, well I, I mean, after you see me here, you
can see that I strongly, for one, object to it. The reason why my
father's not up here is b-cause he does not speak English well enough to
be able to express his opinion.
Mr. Alfonso:
jh, you're doinn fine: You're doing fine.
Mr. Dean: Alri:?ht. Mr. Silverman?
"SU p; )O7?TIVE
[j CCU i rcl Ej 3
FOLLOW'
'
-30-
May 17, 19'76
Item 5
ZB
Mt. Silverman: That's all I have.
Mr. Dean: Okay. Anyone else? Alright. The clay of reckoninq
is here:
4r. Silverman: Well, let me just say this. Looks to me
like the cemetery already owns Lots 2, 3 and 7. Is that right, according
to this map? Lots 2, 3 and 7 of Block 6.
Mr. Sharp: Correct.
Mr. Silverman: So the only thing in the block that the
cemetery doesn't own is 1, 4, 5 and 6, or 5 and 6 bordering on 33rd
Avenue which is Ms. Garcia's property and the adjoining property. I
assume that if they own 5 and 6, they would want to close up those
other two lots, also.
approval.
Mrs. 13asila: Who owns Lot 5, Mr. Silverman?
Mr. Silverman: There's a name in here...Helen Kish.
Mr. Trantham: Mrs. Kish has filed, I believe, a consent or
Mr. Silverman: That's correct.
Mr. Trantham.-iverman, I think we ought --I think
Woodlawn also owns Lots 11 .,nd 10 which abut 2 and 3.
Mr. :?.i.tonso: Are you at the present time in negotiations to
buy Mrs. Kish's property? Are you at the present time dealing with
Mrs. Kish to buy her property?
Mr. Trantham: No.
Ms. :;arcia : May 1 say something at the time also. Mrs. Kish,
which I mentioned before, is in her seventies or hitting eighty. Now
she, at this time, would not he affected from it. I don't think, you
know, the odds -- I'm not Cod and I really don't know, but it seems to
me, though, that she really wouldn't be as affected as all the others
are because like when you're seventy, you know, chances are you're not
going to be here for very much longer. Oh,you can or you can't, but I
don't think your life expectancy would be as long as mine, and I don't
think that's why she would be affected to that great an extent.
Mr. Trantham: ,Jr Dean? I'd like to remark about one item.
I don't believe the Garcias built there until about 4, 5 or 6 years ago
and the cemetery was there a long time before they built.
Ms. Garcia: We've only been there for actually 4 years. I
believe it's going to be 5 this October. That's why I said that if the
cemetery was worried about the expenses of the City considering they've
been there so long, why take this action now for the benefit of the City
when they could have done it before.
Mr. Dean: Alright. Anyone else? From the Board? Alright,
there being none, I request a motion. Who is going to be the good guy
or the bad lady?
Ms. Garcia: Just because I'm dressed in this color doesn't
mean I'm bad:
Mr. Dean: No, I want
'goodie', good or bad.
r .3
3et: which one is going to be the
Mr. Alfonso: I'm waiting for Mr. Silverman.
"SUPPORTIVE
D4y;`,-/ j!
I _I •
-31-
May 17, 1976
Item 5
Mr, Dean: Oh: You're waiting on Mr. Silverman.
Mr. Alfonso: I can't take the
from him. That's his:
Mr. Dean: (Chortle) Oh, oh:
Mr. Silverman: :Ir. Chairman?
Mr. Dean: Yes sir?
position of the 'bad guys'
Mr. Silverman: :ir. Chairman, I look at it differently than
the Staff. If the cemetery owned the whole block and wanted to close
it off, I think I'd go for it.
Mr. Alfonso: Me, too.
Mr. Silverman: But I don't think it's fair to the neighbors
for the cemetery to get this land for free to their 'L triment. If the
neighbors didn't object or if they took the whole blc..,. , I could under-
stand but I think this application benefits the cemetery and does harm
to the neighbors, and I don't see any benefit to the City at all. So
therefore, I'm going to rove to d.eny. .
1r. Alfonso: Second: I agree with Mr. Silverman -- if they
come here and they buy the whole block, I would be in favor of it. You've
got my commitment to-3 ': :m with this Board, and you come here with
all those properties that hcJnnc to you, and we don't have any spot
zoning here or there -- I tar; lid be in favor of it.
Ms. Garcia: I want to thank the Chairman and the Members of
the Board...
Mr. Dean: No m ` am , not yet.
Mr. Silverman: You didn't win yet.
Mr. Dean: (Heh, heh) Alright. You've heard the motion by
Mr. Silverman moving '-or denial, and the second by Mr. Jack Alfonso.
Other discuss:.on on the motion? Alright, there being none, call the
roll.
Mr. Davis: Mr. Chairman, the motion is to recommend denial
of this item to the City Commission.
adoption:
Mr. Dean: That is correct.
Four objections were received in the mail.
Mr. Silverman offered the following resolution and moved its
RESOLUTION NO. ZF3-94-76
RESOLUTIONv PECCMnENDING DENIAL OF REQUEST
FOR THE OFFICIAL VACATION & CLOSURE OF A
PORTION OF S. W. 33RD AVENUE SOUTH OF S. W.
11TH STREET, I"' CONJUNCTION WITH TENTATIVE
PLAT 049 - "WOODLAWN PARK CEMETERY GARDENS
SECTION L'".
Upon being seconded by Mr. Alfonso, this resolution was passed
and adopted by the following vote:
(Continued on following page).
"cti''ORTTVE
! e
-32-
Nay 17, 1976
Item 5
ZB
AVM Messrs. Silverman, Johnson, Alfonso, Doan, Gcirt*,
tome. Basilat
NAYS: Mme. Bar.o.
Mr. Davis: Motion passes, 6 to 1, to recommend denial of
this item to the City Comr,ission.
Mr. Gort: *(At time of voting) Well► I'd like to say that
if this application had come with c definite plan, maybcombined with
the neighbors and you can come up with something that would be agreeable,
I would be in favor of it:. I;ut -:t this time, I have to qo with the
motion, "yes".
Mrs. Bas1 la: * (,t timc of voting) I go along with what
Mr. Gort said and I will ;ave to vote for denial also at this time.
Mr. Dean: Alright. Thank you very much.
-33-
May 17, 1976
Item 5
ZB