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HomeMy WebLinkAboutR-75-051914 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 4/2/7S ABSOLUTION NO. 7511314 A RESOLUTION GRANTING A 40 DAY', EXTENSION OP THE VARIANCE GRANTED ON THE PROPERTY AV 101 S.W. 1STH ROAD BY BONING BOARD RESOLUT/ON NO, BB 180-744 WHEREAS, Article XXX/, Section 3(2) of Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, permits an extension of a variance by the City Manager, 90 daYs with approval by the City Commission for a period of one year: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section L, The request for a90 DAY pftension of the variance granted on the property at 101 SW 15th Road,4 by Zoning Board Resolution No. ZB 180-74 be, and the same is hereby granted. PASSED AND ADOPTED this 5 day of JUNE 1975. MAURIC EA. FERRE MAYOR /r' ,( (9 /9 - ,../ ./...r" AT...---...... , --..., w• ',,, .--- -- 1 ‘..--4,4,,!•410# •‘/,,,,p, ,‘"--- `--...., ,,,.._ „--,.." • H. De/SOUTHERN ) CITY CLERK PREPARED AND APPROVED BY: • r-• MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO FORM AND 4,0/ lit..)411j C RRECTNESS: t'0'')717131'°" HN S. LLOYD City Attorney "DOCUMENT INDEX VTEM ."......••••••••PPPP0•••••••• CITY COMMISSION MEETING OF MAY 2 2 1975 RESOLUTION NO., , REMARKS; . 7-11MMEMME-71M177MMEMEW-----1W77MMEMEM77' t8: Mr. p. '. Andrews City Manager 1 i�itSft 141M4111, ftbklitiA 1NT .OrMdt niEMbPANbUM 47 j' J al bAtrt May 30, 97 S Su�JE 101. S. '. 1Sth Road Item 6 on Commission Agenda kEP ktNtEtt Mart Penman, Applicant for E 4 LosuMtg: variance This is in reference to the request of the applicant, Mort Wellman, Who has requested that a variance granted to him be extended. The history of the above problem is as follows; About 18 months ago, I received a telephone call from an attorney. The attorney complained that he and his partner had intended to purchase the building at 101 S. W. 15th Road which was, at that time, a 4-unit apartment building. It had been their intention to purchase it and convert it into offices, this being in keeping with the zoning that applies to that property. They engaged an architect and made an evaluation of the premises. They found that in order to convert the building, they must provide additional parking as set forth in the zoning ordinance. The impediment in supplying the additional parking on the only adjacent property was so complex that the attorneys ultimately abandoned their attempts to purchase the property. The purpose of the attorney's calling me was to advise me that he had noted an office had been established on the premises and he wanted to know how this had been accomplished without the required off-street parking. In the company of the Chief Zoning Inspector, I visited the site and found that the interior of the building had been converted to an office. It was being used to house the architectural and engineering firm of Reif and Fellman. A check of our records indicated that no Page 1 of 2 permits had been issued authorizing the interior alterations, nor had a certificate of uge been issued authorizing the use of the interior as an offices We immediately advised the occupants that they must either bring the building into compliance with the applicable ordinances or, in the alternative, vacate it. The only prior office occupancy that had been authorized in the building was aft accessory -use certi- ficate granted to the ,previous owner of the budding, authorizing him to operate as a real-estate broker from his apartment, such an accessory -use certificate being in keeping with the provisions of the Compre- hensive Zoning Ordinance. The architect and engineer who were occupying the building illegally, did not bring the premises into conformance with the zoning ordinance and, on February 6, 1974, this Department filed an information in the Metropolitan -Dade County Court and brought them before a magistrate. Theypied for time to comply with the zoning ordinances and there were several continuances. On November 18, 1974, Mr. Fellman applied for relief from the parking requirements established by the zoning ordinance through the Executive Secretary of the Zoning Board, and was granted temporary relief in accordance with Resolution ZB18-74. The owners are still unable to provide the required off-street parking and they are, at this time, requesting further extension of the con- sideration that was granted to them. In view of the fact that this was a self-imposed hardship and that both principals involved in the case are in the architctural and engineering professions of the firm well versed in local building and zoning requirements, I can see no justification to extend their right of occupancy. REF:gj Enc. cc: Zoning Board Building Director's file Building and Zoning Division Zoning Section Reading file Staff? ALL- ildiirait OfiMI MI to 4i , Variance from brdinance No. 5871, AR '1CLt X ttt, Section to permit use of structure on above site as office huildi waving 1.8 of a required off-street parking spaces; gone -CD (Residence bffite) . HOTS: Item #5, deferred from 2oning hoard Meeting of 10/7/74 etary fled proof of publication of Legal Notice of Rearilst , administered oath to all persons testifying at this hearing. PLMNNtN bRZNitTHrMT _ it CVl"11•i4ND ION. prStALi' No hardship exists Cirth respect to the site, shape or natural features of the parcel of land which would impair the owner's right to some reasonable use of the property. Under the R CD Zoning Regulations remote site parking could be permitted under "Conditional; Use" approval of any of the required parking. Mr. Dean: Swear in all of those wishing to testify. All right, Mr. McLean: The Planning Department's recommendation has not changed for the item, it is recommending denial. I might add that the Department has reviewed site and landscape plans submitted for the parcel immediately north of the subject property. The Department has found the site development of eight parking spaces, and the landscaping of that portion of the property, to be in accord with the Ordinance, and the development of off-street parking facilities. Mr. Dean: All right, Mr. Campbell, do you have anything to say? Mr. Campbell: No, sir. Mr. Dean: Thank you very much. All right, sir would you state name and address for the Record, Mr. Burns. Mr. Burns: My name is Fred Burns, 8603 South Dixie Highway. I've got a new title. I believe you all might recall, we've been here before on this particular application, and last time the Board unanimously recommended that we go, out and try to obtain a .lease on the adjoining property, and secure approval to the Staff'dor parking on that property, of eight parking spaces. parking. If the Board likes, I will be more than happy to go back to the presentation on the facts, and the hardship, and the history, and the Court Case,' and what have you, But, I believe you all are familiar with it;, and since we have now complied fully with the Board's instric- tions, I would - I'm available to answer questions, and we'd just request that the Board approve our request for a variance, Thank you. Mrs. Basi]a. Mr. Chairman, may I address a question to Mr Burns? I have, with the permission of the Board, Mr. Chairman, I will hand this up to Mr. Gort. A copy of the approved plan that have gone through Staff, on the parking. The green inking that you see on there, are the Staff has requested, for additional landscape s have agreed to, and I believe you'll notice, on the is a red stamp, indicating the approval, that we've differences, on that parking. We've also previously handed up to the Department a copy of the Lea:;e, giving us the right to lease this property, to provide the additional changes creening, which we bottom corner, there worked out the Mr, turns, which lease are you referring to, the Florida Last -16- November 18, 1974 Item # 3 Coact Leese, Or it there an ther lease that's it lve Mr. Burns; NO. We did lease thn property cot tigiir i with our property, that - 1 believe was the Boarrd's tiiggest:iot%, from the Peat Control People,, and that is the leave that l have reference to, which has been handed up to the Staff. That property is contiguous with ours, a opposed to being remote. Mrs. tiasil.a: It's for one year, and it's in the file, Would you like to see it? I will get it out. She would like to see that. Mr. bean: All right, are you through with your presentation? Mr. Darns: Yea, sir. Mr, Dean: All right, is there anyone in opposition? Anyone in opposition of this application? Mrs, Schraedel: Mr. Chairman. 1 am t;dna Schraedel, Mr. Dean: Would you speak up a little louder, please, ma'am? Mrs. Schraedel: I am Edna Schraedel, Manager -Owner, 41 S. W. 15th Road. We have a problem there. On 14th Terrace, the people park on the sidewalks, the wheels are up on the sidewalk, and if you go from Miami and First Avenue, you have to walk around the cars to get back to the building on the 14th Street side. On the other street side, at this time I have a vacancy, the man buying a condominium. I have another man, who had to leave hi.:, car in Baltimore because of a medical situation, and he's not using his car at this time. But when I have full occupancy, and the first question people will ask, 'how is the parking situation?' And we need every bit of the parking space in front of the building, at this time. .. Mr. Dean: All right, thank you very much. Anyone else? Mr. Schraedel: Good evening, my name is John Schraedel, I'm the owner of the property, Lot 3,_Block -98, south. We used to have facing on 14th Terrace and 15th Road. At no time during the day, can you find a parking space, on either side of the building, for my ten- ants, if they leave for any reason, at all, and come back, there's no parking space. Now, the people on the corner, that have a business property facing 15th Road and South Miami Avenue, there, don't let their employ,,es park on the property where they have the building. And, so they put their cars on the street, to make room for the customers for the attorneys. Now, on the other side, 14th Terrace, the people don't park on the north side of the street, they all park on the south side. And that makes a continued parking, there, all day. Now, I was wondering why these people that have this 101 don't contact Phil Brickell and try to get that buffer lot between their property and the exterminator people, there's a lot there, that's not used. They don't park their cars on their property, they park them on our property. Mrs. Callahan: Isn't that the lot? Mr. Dean: Mr. Burns, is that the lot that you're referring to, in this Mr. Burns; Yes, Mr, phairman, As the objector is pointing out, there is additional land available, to help solve the parking problem. That is the land that we're suggesting, ^ that you all instructed us in effect, to get a lease on, that we have got a lease for, which the -17November 18. 1974 Item #3 parking isyout nem shows. Mrs. Basile: 'hit is tht tot immediate .y behint the property? ir. hurts: Btaotly. That's correct., Mrs bean: You say You have a five-year lea e? Mr. Buras: t with we did, as f suggested to you before, we're had some prCable t with those people, and We got this best lease we could The lonynr the butt'r far our protection, obviously. Mr. rif ant ,All right, Mr. Silverman? You understand that it= the same property he was suggesting. Thank you, thank you very much. Anyone else? Anyone else?A11 right, sir, ir, turns. Mr. Burns: dust two quick points, and otherwise, we've avaitabin for questioning. I would just like to point out, that some of the objections here, relate to the property further to the east, with a problem problem, is not a result of people coming to out building, or, our employees, these are the people in the law office down on the corner, or in the apartment houses. The graph, as you will recall, shows the available parking that surrounds our property, as this last objector pointed out, there is_a vacant Lot there, that isn't being parked on, and he says, 'why don': you park on it?' That happens to be the lot that we will use, which will --while we say there is no parking problem, it will just za eke additional parking available, even to the limited extent that w:,,'re using available parking, it will be that much reduced, because we will use that lot for parking,' since the Staff has approved, that lot, as far as the landscaping, the paving, and all that goes. Thank you. Mr. Dean: All right, thank you very much. We will close the public hearing, and have discussion among Board Members. Mr. Gort? Mr. Gort: What is the total spaces you provide? Mr. Burns: It will be approximately thirty spaces, Mr. Gort. Mr. Gort Thirty? Mr. , Silverman: That all depends on how Mr. Simpson: On site. Mr. Burns: Eight - five and eight, that would be thirteen. Mr. Silverman There's only eight that count, the five don't count. You have five parking spaces,''but under the Ordnance, they don't count. Because you have to back out. Mr. Burns: Right. They're off-street, and on the site. Mrs. Basila Mr. Burns, how big is that lot?` Mr. Burns. The vacant lot is approximately sixty feet by one hundred feet. They are reflected, better, Mr. Chairman, on that site plan we have passed out. Mr. Dean; Does anyone else have any questions? Is this the plan you have here? Mr. Dean: 'Mr. Burns; No, Mr. Chairman, this is what we have before, this just shows the existing parking spaces that we're using, and it does not refect the additional space, that's on the plan I previously handed up, which 1 believe Staff has a copy of, as well. Which will, be eight spaces, in addition to this. Mr, Dean; Are you all intending to put any beautiful hedges, -18- November 3.8, 1974 Item #3 Mr. Burns. Abablutely. That a wit they added to th with that green ink that I was ref+ rrinr tn. Mra. Basile: It will have to be paved wilt it nit Mr. Burnet es ► ma'am. Mrs. basila: To meet the requir. mn to of the 't p-I;an, y of M nmi Mr. burns: It will meet all of t1v requtirement:a that delineated on the plans, which the Staff has seen, and I bel a tamped "Approved" Mr. bean: All right, thank you very much. Mr. Burns: Okay. Mr. Dean: There being no further disci: a ion, the Chair is ready for a motion. All at one time. Mr. Silverman Mr. Chairman, the apis3 icant has eig}tt spans, that count, and five spaces that don't count:, a total of thir::'en spaces, he's required to have eighteen spaces. tie has de on trat$4d in the past that his particular use does not require the necessary eighteen spaces. I would move to grant a variance of ten spaces Mrs. Callahan: Second. Mr. Silverman Subject to the plans apptoved 1they t'i.t:y on November , 1974. Wn hav« ieve it's on this 'property. It's my understanding, that if you lose the lease on this property, then, you're out of business. You have to co!ar brick here. Mr. Burns: We'll come back. Mr. Silverman: Or, else, get some other property. 1. just wanted to make sure that before I make any. more "subject to's" 1 _e3t want to make sure that my understanding is correct. Is that right? Mrs. Basilan Jerry, just as a further question there, I believe the lease is written for a one-year period.. Should that not be in the Mr. Silverman: Well, they have the one-year lease, that's renewable, for one year at a time. But what I just said to Mr. Simpson' was, that if they lose their lease, at any time, that the variance is subject to them` having these eight spaces. If they lose their lease, then there go the eight spaces, and then, they'll no longer comply with this variance. Because then, they would need a variance for eighteen, rather than ten. That's why the variance is for ten. Mrs. Callahan: Second. Mr. Dean: All right, you have heard the motion by Mr. Silverman, seconded by Mrs. Callahan. Under discussion? Is there any discussion? Mr. Al onso, do you have any discussion? Mr. Alfonso: No, sir. Mr. Dean; All right, call the roll. Mr. Simpson; The motion on #3 is to eighteen required off-street parking spaces file, the approved plan on file. -19- Is the motion recommend, waiving ten of subject to the plan on (16Jectitris were re eLved i ► the mai14 Mr, tilverman uttered the following retalu its. adoptLon: RESOLUTION NO. 13 10 74 ttt fiCtitwtTtON 110 GRANT VARIANCE PROM Ottt)i'NANC1 NO G8710 ARTICLE Xkttt g1"cy'r t t3l 4 02), ► TO PERMIT nn T USE OP wettuvrtmn ON PORTION DP M AM/ (13e►41) AT 101 S . 144, 1STtt ROAD, AS oPP ICE 13Utt t11G, WAIVING 10 OP 10 PAtU tNO SPACES, AS PER APPROVED PLAN ON PILE: Z(l r,, 1-CI (R;S/DENt`E G ' 'tCt ) Uron being seconded by Mrs. Callahan, this resolution was and adopted by the following vote AYES: Messrs. Alfonso, Gort, Silverman, Dean. Rmes. Basila, Callahan. a moved NAY t S : None. ABSENT: Reverend Johnson. Mr. Simpson: Unanimous. Mr. Burns: Thank you all. • -20" November $, 1974 Ike u 3