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HomeMy WebLinkAboutR-75-1129t 1• a 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 K 25 26 27 28 29 30 31 32 33 34 35 34; MZA 11/11/73 RESOLUTION NO . 7 5-1129 A RESOLUTION GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XIII, SECTION 4, TO PERMIT BEAUTY SHOP ADDITION ON TRACT "A", CENTRAL SHOPPING PLAZA (68-79), BEING APPROXIMATELY 3805 N.W. 7TH STREET, ZONED C-1A (PLANNED SHOPPING CENTER) DISTRICT. WHEREAS, the Miami Zoning Board at its meeting of October 20th, 1975, Item No. 2, following an advertised hearing, adopted Resolution No. ZB 138-75 by a 4 to 3 vote recommending approval as provided in Ordinance No. 6871, ARTICLE nit, Section 4 as hereinafter set forth; and WHEREAS, this Commission deems it advisable and in the interest of the general welfare of the City of Miami to grant this permission requested; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. That the application for permission, as provided in Ordinance No. 6871, ARTICLE XIII, Section 4, to permit beauty shop addition on Tract "A", CENTRAL SHOPPING PLAZA (68-79), being approximately 3805 N.W. 7th Street, Zoned C-1A (Planned Shopping Center) District, be and the same is hereby granted. PASSED AND ADOPTED this 19 Way of December 1975. AE8'!r"" Maaur ice A. Ferre N. D. Southern CITY CLERK PREPARED AND APPROVED SY: 41, Mtcuu L. ANDEa ON ASSISTANT CITY ATTORNEY ••J AfOR "DOCUMENT fNOEX ITEM NO. "SUP ;' '�= " rnIVE DOC L,IL N TS FOLLOW. APPROVED AS TO FORK AND CORRECTNUS: e— .t 1 .� f\►..� 1C ,-,C i. • i s `5/th Ave. 1L '?IFA I oveiber 21•, 1c75• i ir+ Co.n.linsi_onerst ncferenca tor 39C3 U.W. 7th Street a`rlot "A" CENTRAL SHO:?I.:a 'LAU (69-79) resolution reconnendina request for pernission as per Ordinance 5871, ARTICLE XI/I, Section 4, to permit Beauty Shop addition on above sites zoned C-IA, is obj ctional and or.oaed by Grapeland Height Civic Aasociltion nenbers, since there is fiI E: TY 3T03 which presently can be rented. A new building in the piddle of this breene way would create new trouble for the ahop*+ers who would walk throe h these TX) ALLEYS to their par'•ced cars, by unseen huggers. We be7 all of :roe to dent ' I ::►J fUtL Ti�C, on thifa rite. t P 1 FOLLOW" NsnectfullY,, Ours Onbrte1 r . fioi. President of G.H.C. "►. a CIVIC ASSOC IA-- I 0 11 Ihlrtcred 1.5 Flop.= november 1, 1973 and, lit? ';ommlazioner ;:et :Inforooment or conditions at Control Chopping Miami near Commissioners Annrominately two years ago new conditions wore pot on tho Central no:lning "tn:a Area by the Cith of Niami Commission to whist tho peoplo of the Grapeland Heights Area adjacsnt to said property did not like or agree to. nnosat that property owners were coins to have to nut up n maid 6 It. Along ”th Avenue and N.%, lith Street, so thnt the ',olio fvuld not Nave to leek rit thn ugliness across fron t.l.en. Thia ma to be oorerete with no inrres* or erre:* . it uttr. atated at this City :'omndssion meeting that we .46* i2.t ith ntkaaen ...titer two 70ears :mad tilco yolk Cemmissioners to inweetigsto said nrotorty and see for :Pourself :that %Ind of -eontisp• :a 1:1 -4-tn 7na'S. Deer Commissioners all ue ask for at pre4ent is that you protect us by enforeemont or your own 1.estristion4; oa :3rapc:Gt..* force them to lut this wall and alp, eorraoto the Laxistaping outs!.de t� veil on the 39th Avenue end lith 6treet fuet sot...back Imfore any conftruetion bcwina. Thaslailk; you for ,our attention to thia urgent matter* rinctrokfp ‘14.4-40 A _11-11 Ja:In 3. Cenirry C:lairlin of rotting tor 04144•A• 7ertaining to Central ratopping Plaza Copy to 1.hyor :arra and all Cosesisalaners. 4P • i1Cnor:1btc! City Cr-"t;iti:)., 1on Attention: P. . Andre.,-1 City of r;1 1? to 1rj.l C it.OnCr 7C, 1 4 5 rt: USE 7 N Pi,ANNED SHOPPING CENTER - RECO. MENJEb Al:r)roxi.A:itc'' y 3 05 N. . 7th street Tr -tut "A" CENTRAL S1fOPPINC, PLAZA (614_7'4) 11-)yrlay Corp. Thr I'1i i.,11 C) lif(1 3l) !i'3 . "'t: 77c t.'t in-; of: (.'':tC)!)C'r 20, 1r'75. .Ltt.'m f:ol-io' i nu )n optC: r.. P.t., ol'_:t ion No. Z3 lid-75 by :1 4 to ? vote : ": ..C:ti':.: in(.' reouc!.;t for t>t'r'(li.;')ioa 13 ocr Crdinance 4'"71 ?,itT1C7 L X11i .;(:^t. it)'"1 4. tr., F. r[ni` 3c:-i'.tty shoo ,Iddit'.on on Tr:ir7t. "A't .OPP%.a PLAZA (h R-7'.)) • bci il(: approximately 3305 N. 1.'', 7t11 .jt. '"ct:t r;`lt.. C--1A (Planned ,i`,Ut):ll no 'C ter). (.,''' C':)1C ` t. 1C)?t : ?. t: t:+ '. ."t!; i in A RE..A 1,L''I'LU\ to ; rovi.,;t; tor t1'tc ibovc rC'C''?4t t ;2•'41" be n proparcd by the City T t.tornc-y• o _. ; c.F_ d for considcrAtion of the C"y Cr}mmi..-c‘n. t. 27 Attached: .,1i n,2tcs cc: Law I)particnt P1,-tnninci Dco:=.irta1cnt 1 . / Y,_ (. i_.. (_. 's Robert A. )avis, Actin(x Director :)eoartm� nt of Administration P1annina an.i .oniny Soards "SUPPORTIVE D CUMNTS FOLLOW" Nt=T1::: :, e rt. it nt rt ^_onulcndt ion: "DENIAL" Tent it ivt Ci Co'rti;;;ion late: Nove oer 24, 1.475. • 8. APPROXIMATELY 3Mo% N. W, 7th ST t~T rec ; CENTRAL SHOPPING PLAZA (6R-71) Request for permission as per ordinance 6871, ARTICLE Xtlt, section 4, to permit beauty shop addition to existing shopping plaza; "onsd c-1A (Planned "hopping Center). Secretary filed proof of publication of Legal Notice of Hearing, and :11miniatered oath to all persons testifying at this hearing. PL.A;tNXNG DEPARTMLNT RECO:•I1Efl ATSON: "DENIAL" ntre uct on o a t one sheppingg •rvrvice facilities especially at this location is inappropriate. The reduction in pedestrian space resulting from the location of the proposed shop would further diminish existing amenities. Moreover, visual deterioration at the shopping center has accelerated with no attempt for landscape improvements. Therefore, no further modifica- tions and/or additions should be considered until those improvements have been Made. Mr. Dean: Okay, Mr. Dooney? On Item 48? v Mr. Dooney: Mr. Chairman, this application is in conjunction with the Central Shopping Plaza which has been before you on numerous occasions during the last year and a half. The application calls for the addition of a beauty shop in a waiting and holding area, 1'ateci at the juncture of the two principle building masses at the shopping center which run in a north -south and east -west direction. It is in this waiting area, in which the beauty baton that they intend to locate -- we feel is inappropriate. We feel this because it will intrude Inth much needed pedestrian space at the Central Shopping area but moreover, we feel that inasmuch as there has been no accomplishment in the way of tangible improvements made at the shopping center, that no future applications for additions or modifications be made. As you know, about a year and a half ago, the owners of the Central Shopping Plasa came before you with an application for a bank facility which was required under the C-LA provisions. Since that time, the bank has not gone in but they do have an extension. On* of the principle conditions surrounding that application was the landscaping and beautification of the shopping facility together with the removal of certain nuisances on the alto and the closure of entrances and other points of egress which were a nuisance to the neighborhood as well as the creation of walls and fences and landscaping adjacent to the neighborhood. Bons of this has been accomplished to date. for those reasons, we feel that no future application should be accepted by this Board. Again, as far as this particular application, we reef it would be an intrusion into desired pedestrian space which attract and make shopping centers viable areas. Mr. Dean: Alright, *annk you 7ory much. Sir? WOUL4 you state your name and address tor the records? yr. lustiness My nave. is Ramon Bastille's, 730 N. N. 43rd Avwnui, Apt. 105. In the first place, sir, I'as not very familiar with this. I don't even know what a hearing is and I wade any applioatio bscauss September f, 1l75 item 0 t I got a lease from the owner of the shopping plaza for fifteen years iri order to build in a apae beauty shop, which is not just any beauty shop but a beauty parlor. so, wl: went through the whole thing and he submitted ray proposal to the owner, Mr. Simon, and since the land lease, they gave me the lease subject to the permission of the Planning and 7o'ing of course. Then : aubf! itted my plan to the Planning and Zoning and here t am in a hearing trying to get permission from you to build a bAiity parlor there, that's all. Mr. Dean: Alright, did you understand the recommendation? Mr. aust.illos: 1 understood the recommendation and I don't ace why the recommendation talks about the people walking around there because it does not make any harm to the people walking around there because that was the first condition that the owner put to me In order to give me the lease, that a 'breather', very wide, be •7' by each side, it has to be left there for the people to pass by, you set. Besides that, I want to remind this Board that about nine months ago, another permission was submitted here for a 'snack' which is on the back of the Central Shopping Plaza which is now what you call a driving -- it's where people go for examinations and that permission was granted by this Zone Board and besides that, there's a movie over there which is in the Central Shopping Plaza. But since there's not any beauty parlor, my wife is a hairdresser, we would like to put a beauty parlor there. we've got all the plans and I got the permission and the lease from the owner which is fir. Simon. nr. Deans Alright sir. rtr. Alfonso: Mr. Chairman? Mr. Deans Mr. Alfonso? r 'N% i '•lr. Alfonso: Mr. Chairman, I am under the impression here that they tried to punish this man for something that has nothing to do with that. The llagier Bank which is located in that shopping plaza is in the process of being built. The problem is that they void the bank, it's a new ownership, and they have to live up to their word according to the plans submitted to this Board and the Planning Department. That means that they have to out all the tress and all the promises to fix the fence and everything there. But I don't think it's proper to punish this man here who's trying to put a beauty salon in and is conforming with all the surroundings, with all the t of business around and punishing him has nothing to do about t. They They know, they know that when the bank builds the construction there, they have to live up to their word and to keep their promise. If not, they cannot build. I don't think it's proper to punish thew for something that has nothing to do -- that they don't know anything about. Mr. wan: Okay? Alright. Mr. Bustiiloss Mr. Chairman, !would like to add something, this Adding will help sae. Mr. Deans Go right ahead. Mr. Bustilloss I would like the Board to know that the beway parlor's intention is to build it under the existing roof which is not anything additional but just walls, and in the existing roof, and that vas the first thing that the owner of the land obliged sae to do, and as Mr. Alfonso says, I don't sew why I have to the consequences that, I seam, the owner of the shopping csntrr didn't �k •, 1117S =tea i • comply with whatever you ordered thin to do. I just lot a lease for fifteen years and I really would like this Board to grant me the permission to brine my beauty parlor there. Mr. Dean: Alright. We'll move now if there's any opposition. You'll have a few minute for reb'sttal if there should b• any. Alright, anyone in opposition of this application? Is anyone in opposition of this application? Alright sir, we'll come right back to you if you have anything before we Hove on with the Board. Mr. Bustillos: uo I have to stay here or sit or... Mr. Dean: No, I said do you have anything else to say before we close the public hearing.... Mr. Hustilioes Yes, I would like you to give me the permission. Mr. Dean: (Chuckle, Chuckle) That takes a 'wait and see'... Alright, we will close the public hearing, we will have discussion among Board Members. There might be some who might want to ask you a question. Okay? Mr. Bustillos: Okay. Mr. Dean: Alright. Any discussion among the Board Members? Mrs. Basile: Mr. Dean, why aren't the owners here asking for this. It's a physical improvement to the structure itself. i can't understand why this man is put into the position of asking for this permission. Mr. Dooney, or somebody? mr. Dean: Mr. Simpson? Mr. Simpson: I can't answer that, Mr. Chairman. They do own the shopping center but evidently they have some agreement with this gentleman who wants to put in the beauty parlor that he will make the necessary improvements. I don't know. That's only my guess. Mrs. Basile: Mr. Dooney, have you seen the plans. I mean• have you gone over it with these people also? I mean with the applicant? Mr. Doonsys I have not gone over these plans specifically. our question was similar to yours, Mrs. Basile -- where are the owners of the shopping center. The application is associated with the shopping center principally and it is an addition to the shopping venter. Here again, as a planned shopping center, we feel that this particular addition will diminish what we feel to be one of the few amities at the shopping center. That's one of our principle objections However, we do feel there have been no improvements at the shopping venter as was indicated by the owners when they caws before you sows eighteen months ago. Mr. Deans Alright. Mr, Dort* Mr. Chairman? Mr. Dean: Yes? "SUPPORTIVE DOCU M ENTS FOLLOW" Mr. everts 1' d like a response or to have somebody answer; i f this was to be allowed to be built, how much space would there be left for the additions? yr. Deans how's that? -SO- isptsnbse O. 1!71 Item i$ Mt. (loft: : How much npac, in cto g to he left on psc'.t side of the... Mr. Buatiltos: May I an .;-r that question? 17' by ea h nida -- seventeen feet, I'rn just loinq to take the middle of the wide breather over there, and th- rn+ner request from me and he told me he wouldn't givp me the leas.: if I don't leave 17' this side to what is called 'National Fabrics' and 17' this side which is 'Three siatera', so, because the breathor -- it has to be there for the ;people going, mean, back and forth. Mr. Dean: Okay? Did he answer your question, Mr. Cort? gets. Callahan: Yes, 1 ank the question then, is thin going to be in the center of the passageway, and they said yes. Mr. Corte Yes. Mr. Bustillos: Yes it i -- at the center, yes, between -- there are six poles over there, i mean six columns. It's going to be exactly in those six columns, leaving people to go one way and another way. Nr. Alfonso: Mr. Chairman, I have a question for the Department. Mr. Dean: Mr. Alfonso. Mt. Alfonso: i-, Dooney? Forget about the landscaping and the promise that the Flagler Ban:: didn't accomplish because they di.'in't build yet -- is it proper that they build now? Is it correct, in it legal, what is the hardshi” or what is proper so that they can Luallci in that space? I:. Dooney: Only upon approval of this Board. Mr. Alfonso: That doesn't answer my question. I am not a professional, remember that. I want to know if they comply with the open space, parking space, etc., floor area ratio, whatever else is required -- is it proper that th•n, build there? '4r. Dooney: Yes, they will meet, they will meet all of the Ordinance's requirements. Keep in mind, though, this is supposed to be a planned shopping area. We feel that the plan is rather well established and it is in form. ,tow we are making additions to it which will diminish some of the qualities of a planned shopping center, and this is the foundation for our recommendation this evening to deny this application. Mr. Alfoasos Okay, that answered my question now. Me. Bustilios: Nay I say something, my friend -- I want to gat frou you p.opis that permission that i have to try to. I would like this Board to know that I already went to the Pollution for which the permission is granted, i have been going through a lot of necessary steps vhivh is already granted. Now, it surprised me whom I presented my plans to the Miami City and Planning that they told re that i have to go to a hearing. That's why I'm here. Mr. Alfonso: Well, that's the reason. Mr. Duns Alright, now we will continue with the discussion anon Board Members. Any other Board Member? rtrs. Callahan: Mr. Chairman? 'tr. Deans He yields to Mrs. Callahan. "SUPPORTIVE i+l Ctit,.TENTS FOLLOW" • 1- $ eta se if 1975 1t.. 11 Mrs. Callahan: 'Thank yo .. He 'lid he had other approvals. i wondur which other Departments lie had i°pen to for approval,• besides the Pollution. .,r. f{ustillos: Wall, I •:s not exactly so when i said so, 1ot'a say...it's a matr.;:r of tan:uage, but 1 want you to know that i already not the lease from the miner, 1 q2t the Pollution which, in my point of view, is the hard -at thing to get -- I already got it because it'a a newer, 108' already, I already brought in my electrical engineer And we taike-1 to the electric company and everything is fixed to bring the electricity over there, and the plumbing and, my friend, to be honest, the only thing i noted is the permission from you. Mr. Dean: Alright, now. Mr. Simpson? Mr. Simpson: Yes sir. Mr. gran: Do we have anything in the files from Pollution or anything that he's stating that he has filed for that we're liable to have before us? Mr. Simpson: Yes, there are certain approvals on the plan from Pollution Control but again, that is not a City function. Mr. Dean: No, I'm saying, do we have copies of it? Normally we have copies of sore of those things. Just like... Mr. Simpson: A a tarp o:i the plan. :r. Dean: Okay. Mr. Simpson: But again .hen -this is done many times prior to the request or the issuance of a Building Permit. This particular property is zoned C-1A, Planned Shopping Center and any new, additional floor area that is created in a c-lit District requires a public hearing oaforo this Board. Mr. Dean: Okay. Alright, Mr. Silverman'SUPPORTIVE Mr. Simpson: That's where we are now. DOCUMENTS Mr. Deans Okay. FOLLOW" OW" Mr. Silverman: I was just going to say when Mr. Simpson said it, in that, this is soned C-lA which is a Planned Shopping Canter which means this Board has final -- has approval or authority to approve any additions or changes to the plan and this particular shopping center has been before this Board on many occasions. I think we're all well familiar with it. This shopping center has deteriorated over the years. They've newer complied with the original promises when this shopping center was built and over the years, the property has continued to depreciate. They ' ve never improved the property, they've never improved the walls, wh=toemeanngtaleanything and now what they dis, they increase thhrental without ever complying with the original plans or the improvements that the Staff has required The mum.. they are not here this evening is obvious. They have not done a darn thing to improve their property. They've let it decline year after year and tb send a tenant hen. They don't Dome down hess, and the reason they send a tenant here is because they're embarassed to come here. Now what hras is, want to increase the income - the rentable area - bu ilding a building in the middle of the walkway. This is like putt a building in the middle of Dade land whew people walk. Now it's $sat.nbsr S. iT is item OS 41 Members? obvious why they want to do that :wrrause they can get more rentable snag but the tenants and the ppr.plu that have to walk bat and forth.... they don't consider that. I'm c:c, f finitely opposed to this and it's not only because they haven't wet their obligations over the yearn, I'm opposed to it because there ig no reason to build a building in the riddle of the walkwly. There should be some Brea where people can walk by and they don't nerd ., couple of inches to avoid a crowd. There has to be some amenities in A shopping center. This is a tremendously large shopping center a.1 there's no reason why they cannot have a walkway. it's deteriorated bad enough. Mr. Dear.: Alright, thane: you sir. Now. Any other Board Mr. Alfonso: Yes, tor. Chairman? 'dr. bean: Mr. Jack Alfonso? :•fir. Alfonso: I don't agree with Mr. Silverman about it. They know they're going to improve the shopping center. The only thing, they are waiting for the Fiegler sank to be built, they have the plan approved, they have to live up to their word and that's the reason the owner of the shopping center didn't improve anything because they're waiting to build the new bank which at the same time, has to improve the shopping center. I believe the 17' width is enough space to walk; Mr. Chairman, you and ne together. 17' size is enough.... Mr. Dean: You and rat car qo down there? Mr. Alfonso: Yes sir. It's enough space to walk. I don't artrre with that. That's the .rea.;r.n I rtovv to recommend th;a, wherever you are ready. Mr. Dean: Okay. Is there any further V R it Y E � rlV Mr. Gort: Let me ask you a question.tsAAc Tc Mr. Dean: Mr. Willie Gort? D�CU i `i GN 1 5 qhjjrt Mr. Gort: Is there any chance, if we de!'e 4s, could we get the owners of the shopping center to come down hero? Mr. Dean: We can only try, Mr. Gort. Mr. Gorts Because I'd like to defer this -- I hate to penalise this man, the job isn't his fault, but I want him to under- stand our point. The shopping center owners have been here several times, about ten times already and we wade a oomaitmsnt to the people who lived there that that place was going to be improved. That place has not been improved at all, so I know you're being penalised for it and I don't want yo to but I'd like to get the owners in hen and see what's hap►peaing. If that's the recommendation, maybe they'll do something. They want to wake more money -- we understand that but some promises have been wade to this Board and to this community and it has not been done -- they have not lived up to it. I'd like to bring thew down here and make sure that we do something about it. I would like to defer this. Mr. Dean: Sir? Do you understand what they're saying? Mr. Bustilloss Yes... Hr. Deans Vow what they're saying is that the omuer of the shopping neater has wade commitments to this Board and v just happen to be 'in the middle' and wet want to bring thew d here, so '53- . 1l7$ Item S I think if you'll allow us to r>o' can get the owner down here where. of better -- well, his word must he didn't do the things in the fi supposed to do. on deferring this item until we we can try to help get Sena kind ,u, you know, not too good hecause tit or the beginning that he was Mr. Bustillos: Sir, but are you telling me that you are subject to the permission from this Board to this person to build a beauty parlor because the owner of the shopping center did not appear here? So.... Mr. Deans No sir, I don't think that's what we said but there was a motion wanting to be made by Mr. Gort to defer this item until our next meeting so that we can be able to try to get the owner of the property to come down along with you. Mr. gustilloss Okay. Now, if you cannot get him, that means that just because you don't get that person here.... Mr. Deans No, at the next meeting we will act on it. Mr. Alfonso: That don't mean that -- we want Mr. Simon here. Mr. Bustillos: It could not be possible see because... Mr. Dean: We're trying to help you... Mr. Bustilloss I know that, thank you. To be honest, what appeared to me is that . am paying the consequences now that that person - he never came here and complied with the regulations, I r..aan, with what you told him to do, right? Now, he gave me the lease already. I already paid for it, I mean I got fifteen year least of the land which, by the way like this gentleman says, is not going to be in the middle of the sidewalk, it's not avoiding anybody because it's in the middle and, by the way, nobody walks through there ever. It's too dangerous there. I don't know if you people are familiar with the place -- it's just in the middle -- nobody's going to be, I mean, to avoid any breather or walk inside or anything. Now, because this gentleman, Mr. Simon or whoever he is, he's the owner of the shopping center -- he gave me a lease and just because he was a bad boy with you people and he didn't coats here to comply with what you say, this boy is punishing me because ho didn't coots -- you want a grant for permission to make a beauty parlor? Well I think... Mr. Dean: air? Mr. Bustillos: Yes? '. tv . 'TSk rj Mr. Deans Would you believe, and give this Board the opportunity that they're requesting? Mr. Bustillos: Sure, sure my friend: Mr. Dean: Thank you wry much. That's all we're requesting. You see, I think right now, it is the wisest thing et this time to defer this item. Okay, Mt. Cart? Dld you make that motion to defer? Mr. Gort: Yes. Mr. Alfonso: second. Mr. Dean: Alright, until when? Hr. Gott: Two Meeks. Next meeting is fine. Mr. Deans Alright, Ms. Simpson? Can we set it on? -S4- September''. 1975 Man IE Mr. Simpson: Yes. Mr. Dean: Alright, second by 'ir. Jack Alfonso. Under discussion. There being none, call the roll. Mr. Simpson: :,e r+oti©n on teen #8 is to defer until September 22nd. one objection was received in the mail. Mr. Gore offered the following resolution, and moved its adoption: RESOLUTION NO. Z8-106-75 RESOLUTION TO E'ER UNTIL 9/22/75, REQUEST FOR PERMISSION AS PER ORDINANCE 6871, ARTICLE XIII, SECTION 4, TO PERMIT BEAUTY SHOP ADDITION TO TRACT "A", CENTRAL SHOPPING PLAZA (68-79), BEING APPROXIMATELY 3803 N. W. 7TH STREET; ZONED C-lA (PLANNED SHOPPING CENTER). Upon being seconded by Mr. Alfonso, this resolution was passed and adopted by the following vote: AYES: Messrs. Johnson, Silverman, Alfonso, Gort, Dean. Mmes. Basile, Baro. NAYES: None. Mr. Simpson: Unanimous. Mr. Deans Thank you, sir, for having faith and confidence in us. Mc. Bustillos: Okay, my friend, thanks a lot. Mr. Alfonso: Mr. Chairman? Mr. Simon is going to be notified by the City? Mr. Dean: Yes, Mr. Simpson? Make sure that this gent *man is notified.... Mr. Simpson: Ws sure will. We'll send a Certified letter to the owner with a special request to appear at the next meeting. Mr. Dean: Alright, thank you. r: , .,N r '` + ../EmP r, _ i O4,/ir -5s- Septembar 6, MS Item 1i APPitXMATL"LY 38r)5 N. W. 7T 1 STRE ': Tract n�1 —. (= \L SuoPPtNC, PLAZA (6'-79 ) Request for permission as per Ordinance 6871, 1;;TIc:i,i. XIII, section 4, to permit beauty shop addition to existing Shopping Plaza; Zoned C-1A (Planned Shopping Center). NOTE: Item deferred fro.. Zoning Board Meeting 9/8/?5. Mr. Davis: Mr. Chairman? Mr. Moan: Yes sir. "SUPPORTIVE DOCUMENTS tt Mr. Davis: I had a telephone call - tb d one calls today. one was from Mr. Breger, the manager of the shopping canter, and the other was from one of the partners of 'Mayday, Inc.' The two principals of 'Mayday' cannot appear here tonight. One is out of town and the other one is ill at home with kidney stones. They wished me to convey this information to you, regretfully, that they couldn't be here as you had requested. and for you to carry on as well as you could without them or to defer until they cin come to the next meeting. Mr. Dean: Alright. then I think what we need to do is sort of defer this item until such time they contacu you and I and we'll put it back on the agenda. Mr. Davis: I don't know if any objectors are here tonight -- what people are here in opposition. Mr. Dean: Want to see if there are any objectors? itr. Davis: They may wish to be heard, Air. Chairman. ttr. Dean: Well, do you wish to be heard or do you wish to come back at the time that the persons whom we had requested will be here? That was the owner of the property. From the Audience: Will the Board notify us when that will ae7 Mr. Doan: You can bet your bottom dollar we will. From the Audience: We don't want to make you mad. Mr. Dean: No, no, we want you to coma -- we want you to come, you know -- freedom of speech, that's what it's all about. We want you hers to let us know what's going on. From the Audiences One question, if we may -- if these people do not show up again, I hope you don't request us to corm back because we are taking time off from our work... 3r. Dean: I think, on this item, we had to defer this one ourselves. This is a request of them, so that's it. So, the next time, that's all: Okay? We npprociate it very much. That's what you call 'working together'. Alright, will you give me a motion? Mrs. Basile: I move to defer. Me. Alfonso: I second. Mr. Doan: Alright, you've hoard the motion by... Ile. Alfonso: Mr. Chairman? I wish to explain to tho applicant what is happening -- he's in the back. -4- $sptelbar 33, 1973 Item 02 Mr. Dean. :he applicant i : hrgre? Mr. Alfonso t Yes sir. Mr. Dean: Well dicl you hear that the owners of the prep contacted Mr. Bob iavi:: and stated that they could not be hero_ as had requested? Mr. Alfonso: You understoor'. that? That the peep • .. Mr. Bustillos: I, I did and would you explain... Mr. Alfonso: The management of the shopping center, the people from the Flagler Dog Track, called Mr. Bob Davis and told hits that they wished to defer this item because they want to be here. So, at their request, we are going to defer one more time. Mr. Davis: Mr. Alfonso, if I may correct you, they did not specifically ask for a deferment. They wished, if you could, to go ahead with the item of course. Mr. Dean: Well, I don't think we can. Air. Alfonso: That is not what I understood from you, I thought that you said they want to be here. Mr. Davis: Yes sir. M•tr. Bustillos: Today, when I arrived at the City, I saw Mr. Davis over there in the very same moment that he was talking to Mr. Amdur who is the -- which was personal from Mr. Simon. 'tr. sitron is out of town and Mr. Mdreu's got an operation and, in fact, they were going to appear here in this place to talk to the Board but since one is out of town and the other one has got an operation, that's why it is the reason they are not here. Then I talk to Mr. Kreger which is the person that I am dealing with and he told me that if the meeting goes on, the hearing, to inform the Board that they are going to comply with everything but if you want to defer... Mr. Alfonso: It's better for you that they be here. Mr. Bustillos: Okay. Mr. Alfonso: We need to hear that from theca. :4r. Chairman, I move to defer. Mrs. Bare: Wasn't that already passed, and... Mr. Dean: Alright, then... Mr. Silverman: Who seconded the motion then, 4r. Chairman? Mr. Dean: First it was Mrs. Basile that moved to defer, seconded by Mr. Alfonso, but we sort of waited until you have the opportunity....but knowing that you love to have the lovely lady to offer such a motion... Mr. Alfonso: I waive my privilege. Mr. Deans Okay, you've heard the motion to defer,... Mr. Davis: The motion is to defer and I would presume.... Mr. Dean:....Until such time as they contact you a:1i place it back on the agenda. .Alright, other diacups*ipg 7 0RTIVE DOCU : "ENTS FOLLOW September 22, L97S Item 02 :tr. Davis: Motion is to 1 _fer until the principals of 'Heyday, Inc.' can contact U3 to be here. ' r. Dean: That's right. 'trs. t3asilat Are dean, I'd like this gontlorlan here to understand exactly what's doing on. Mtr. Rustillos: I understand, Mrs. Basile... Mr. Dean: ...One is cut of town and one is sick so wn couldn't set a definite date, so we're saying when they are available to contact us.... Mr. Bustillos: By the way, Mr. uh, the second one which the second one, which the name is `tr. Amdur --- even he went to the doctor and requested permission to the doctor to appear here and then the doctor told him 'not today, because you are weak', but his intention was to coma here this afthrnoon. adoption: passed Mr. Dean: Alright, would you call the roll? :•trs. Basile offered the following resolution, and r.;. ' its _'ESDLU'TIO:. 2,n . 7.13-112-7 S RESOLUTION TO DE r ER RECUEST FOR namISSIO;:, AS PER ORDINANCE 6871, ARTICLE XIII, SECTION 4, UNTIL REPRESENTATIVES FROM THE CORPORATION OWNING CENTRAL SHOPPING PLAZA CAN ATTEND Tier: MEETING, TO PERMIT BEAUTY SHOP ADDITION TO EXISTING SHOPPING PLAZA, TRACT "A", CENTRAL SHOPPING PLAZA (68-79) Amin APPROXIMATELY 3805 N. W. 7THH STREET; ZONED C-1A (PLANNED SHOPPING CENTER) . Upon being seconded by 3r. Alfonso, this resolution and adopted by the following vote: AYES: was Messrs. Gort, Johnson, Silverman, �11fo so, Dean. Mmes. Bar°, Baaila. "SUPPORTIVE NAPES : None. Mr. Davis: Unanimous. DOCU M EN 1 S FOLLOW" Mr. Dean: Alright, thank you very much for coming. Mr. Bustillos: Okay my friend. (From the audience) Let me say step 'cause they're not the owners here. Mr. Dean: That's what we want. hi to you, this was a good Vie want the owners here. Alright, thank you very September 22, 1975 Item 42 ■ \Pt i?" )Y t''.`i'l: 1, t _ i • iv . ++„A„►Onttt t /! CL:.l`f At. !,li'_ft'P t i i�.\ .\ t11- ! ` 1'rtrt7losit lor ? en, t: linfl an t)r'C i 11 n 1h' r _ 1 ► {It t, rr,c'tir,n 4, tn jyet;!►o” . ddi t.inn tn o>:i.r:tinq Shopping rla2a; Zoned C-171 (Planned F,honpini Center) . NOTt: Item deferr:±d from r onin.t boars 'ieetinn Yf22/75. ec:retary filed proof of publication of Legal Notice of Hearing and administered oath to all persons testifying at this heati.n►t. PLANNING DLPAIMENT RECO:L'dENDATXc : "DENI .' the Introduction df additional s"nonpina A rervice facilities especially at this location in inappropriate. The reduction in pedestrian space resulting from the location of the proposed shop would further diminish existing amenities. Moreover, visual deterioration at the shopping center has accelerated with no attempt for landscape improvements. Therefore, no further modifications and/or additions should be considered until these i'u rovements have been completed. Mr. Dean: Alright, Mr. Whinple? .tr. 4hipple: Mr. Chairman, Ladies and Gentlemen, the Department's denial stands from our previous recommendation which has consistently been denial on this particular item. As we have indicated, we feel this is an improper location for this type of use in the shopping center and like`,►tse, we have commented in the past that due to the (what we consider) the failure of the shopping center to live up to the agreements: that they have indicated in previous hearings, we could not recommend any further approvals until these inequities were taken care of. As of this afternoon, there had been no improvements started other than, particularly with respect to the periphery landscape area which has long been a real concern of ours, other than the fact that the broken parts of the fence have been removed which seems to be causing another problem in that persons now patronizing the shopping center are now driving over the designated landscaped areas to get out of the premises. So we feel that (1) inappropriate location of this narticular use and the fact that we have no showing of reasonable compliance from previous requests and therefore recommend denial. Ir. Dean: Alright. air? State your name and address for the records. :3r. Amdur; 'ly name is Neal Amdur, 3410 Chase Avenue, Kiami :+each . itr. Dean: Alright, are ytou the owner of the oroperty? 'tr. Amdur: I an Vice -President of the Uayday Corporation which owns the property. 'ir. Dean: Alright sir, proceed. Mr. Amdur: dur: t take exception to Mr. Whiople' o comments and I believe all the members of the Planning and Zoning t aris sat through na erous neetinga over -- if you remember -• there was Scheme "A" and Scheme "n": Ru4sequently we had sewewthing that was Panned and approved and also was approved by the City Corw' i n n ion and we worked 4 long tine to come up with enter Plan for the entire shopping center, bringing PPOR PPORTIVE DOCU;, ENTS �• FOLLOW" - October 2ii 19 7S lton 2 up the pa; kin•t, the l ir:, :c•lpir,' An.! thp. hgf«sir •'')net. There wan abnoltitel ryn:-:; ;r,ti - as to a c adl i fr' when thin wag to be cot -It -doted. it :.wan to h • c-n•;�)loted prior to thr giving of .a final ertific.tte of 'iccupanc' for t.l., bank :,tracturr. The plans for the bank are completed! an 7nu may or may not have known. The principals who were involved with the shopping center originally were owners of the bank as well. The bank was sold and the new owners of the hank will have and are in the± process of having their plans completed for the first pert of November to go out for kidding. We have met with the owners of the bank and their contractors, and 1 believe they have already requested and I believe they hold a permit, that all the construction work including the 6' wall that's going to run 1703' around the property. and of the landscaping and the new sprinkler syhtem, in.conjunction with the total landscaping, sprinkler system and upgrading of the front parking lot on the front part of the center -- it's going to he awarded as part of the contract for the bank structure. it only makes sense since we are now strictly the property owners and we are leasing to the people who own the bank on a ground lease. Mr. Whipple has said that nothing has been done and I take great exception to that because nothing was to begin until we began the bank building. They have been trying to move on that as soon as possible and since there are new owners, they are utilising the plans that were originally begun for the bank building. They have approved those plans and the plans are completed and its going out for bid. I don't know what else i can say. we have done everything possible. It's running a little slower but it should have nothing to do with a man who wants to put a beauty salon in the shopping center, and to withhold approval of that for something that is not his --certainly he had nothing to do with it, and we are complying with everything that's possible. Here are the plans. You all anproved those plans. Those plans are a matter of record, in fact, even the landscaping and everything must be done with the Staff's approval. It's all subject to Staff approval. 'dr. Dean: Alright, Mr. ,:ltiople? Mr. Whipple: Yes sir. Sir. Dean: You heard the gentleman? 4r. Whipple: Yes sir. i4r. Dean: Any response? Mr. Whipple: Well, if I may, what he Ls niwing shout the approved plans in relation to the bank -- that is fact. I can't deny that at all. I guess what the Department is tatinn issue with is that we've had thn same (rhetoric's the wrong word), we've had the same conditions prevail and exist with the shopping center since far before the bank. Uow, I agrees, perhaps I am out of order, the Department is out of Lirder, by suggesting that somewhere along the line there has to bo compliance but in our personal opinion, my opinion, the Deepart- mont's opinion, there should bo compliance. This wail and this landscap.-a area which is supposed to 5e a buffer area with the abutting residentialpro,)arties has been in very bad condition since before the Lank situation ever existed. Now, a change of owners, whatever the problems, I'm suggesting to thin Board and unfortunately we don't have the files and the Resolutions by this Board, previous Boards and the City Comminn i on -- there were roquirements that they must meet. I suggest to Min Board, the requi.roments are not being met. Now, if I r.:4y side-track that for a minute and speak to the actual petition and Oatoluer 29, 197i Item $2 the lc,c1P.inn c-i' t.he f r..+I that nrna elat nho'1i!! not bo ir!Plt Activities that are co ii1 1 to t.1'— i t' thu activitlr� �, ir. , nossibtr Addit: cpn,:; for othnt io., the drivwr's training center '.shish meet we feel this is a ,-food linkage to hake a grapes and we're suc:gesting that the blocking of this shop is not appropriate for the best interest public that's aping to u u' it. Those ore thr± and concerns. tit 1 L'; ,1 on.!r+':t.r i in -h sf of tnr r it it , ir+. , the ►on!: .;tore; having •1ccr!, ,, thn nerlestrian access -- tiopntn'i center plan linkage by the beauty of the plans and the Department's objections I can't argue with what the gentleman is saying about the improvements that are proposed but the point is thn came improvements have been proposed in the past and as of noon, today, we sti11 don't have the improvements. We still don't have the wall repaired. Thing like that. I can add....unlens you have some specific questions... Mr. Doan: Alright, you cleared up enough. Mr. Amdur: Uh, 'tr. Kean. I'm glad :ir. Whipple glade or stool by my comments and there is no argument that the anterior of the property --the condition of the exterior of the property that existed] prior to our purchasing it and then, in turn, with the proposed bank structure, that there's no question -- that wall is still in bad condition. The only thing and I believe when the property owners in the Grapeland Heights Association were here, the highest comment that they had, of course at that time, was keening the grass cut and hope- fully that we would get this construction going as soon an nossitble. As you nay or may not know, the Chairman of the f oard anci original founder of the bang: panned away (''r. Isador :k'Cht) , psi sr'd .lwei'! the day after the bank was sold. As his son-in-law, I wal proceeding to move with his son and the rest of the particinants to stet thin thing moving. in June, i underwent open ::cart surgery. That's not .any reason why the project has not --- I mean it's reason ••''ninth, hut again i just have to inform you that it's to our advantaet, to get this parking in from thn racPtrack point of view, acrosi the street, it's to our advantage to get it clone and net it out of !Jul -way for the neighborhood and for the bank, for the goodwill of the man!: because the neighborhood wants it and we've had some unusual ci-rc+zristances, number ore. Number two, again this has nothing to do with a time table. It was conditioned upon and only the final C.D. for the :)ank structure. The 'bank is going to go up. It has to go un. They can't stay in a mobile facility. They were taken over by the Bank of 'lUami /leach, and they're substantial people and they're going to be moving -- getting bids, sometime in November. Point three, which I have done before and 1 went on record am; I've kept the property as best maintained as I poasi'•zly can as far as keepin3 the grass cut at this point -- that I can mskn the comment that we will have the landscaping and the wall, we will begin work prior to the first of the year, hopefully to have it done by the first of the year. •lr. Doan: Are you spea':inv to Iten 2, the a:,nl (cant before us and not the bank? Amdur: Well, apparently, 'ir. Ucan, that has affected, 1 believe, Staff's opinion as to part of their reason for denial. As far Al the location of the beauty shoo itself, the heal,:tv shop addition, I see no specific problem where it's going to cause arr' problem. It's an open Area only to provide bettor access an far as t'1e public Le concerned. It's not Going to affect it in rib opinion at all. I gust say that the other officers of the --of faylay, I'm pure, have co s idered thin and would not have approved it if they thought it W45 going to injure our property or make it less donirsble for they 'm ' lie. "SUPPORTIVE DOCUMENTS FOLLOW" October 2+), 1975 Iten 02 now? '1t. clan: ,•.,:►. , thar.'.. it.: lr. kiduri Yam:, ir. 1r. Doan: Airi rlht, nnvnn,, in n•l , iti on? thymic, in opposition? .11rictht, we'11 close the public hearts./ ,and have discussion r-:rttync, Board Members. Ir. (`ort? Mr. Silverman: 2 want to ask a question. :1r. :)can: Just a moment, sir. 4tr. rort: I yield to 'r. Silverman. 'tr. Dean: ; tr. Silverman? "SUPPORTIVE rOCIiMENTS t 0 LLOW" :tr. Silverman: Mr. Amdur, since you have vacant stores in the shopping center, why can't the applicant use one of the vacant stores rather than build a new building in the breezeway? ►tr. Amdur: Well, most of the vacant area that is there now runs --some of it runs 150' or more in depth. A beauty salon would never be able to use that type of depth. We would have to take off frontage and just give them a front and leave the hack with nothing in it -- that's kind of foolish. That's the primary reason. Mr. Silverman: You can't cut out space from what you have 'tr. Amdur: Well, we're... Ir. Silverman: Flow about Citizens' Federal that's not that deep is it? Ir. Amdur: Do, I don't think Citizens' is that deep but fortunately there was a tenant who was able to use the wrap -around or use the back space behind it. Mr. Silverman: It seems foolish to me to Adel a new store when you have all that vacant space and the vacant space makes the whole shopping center look kind of crummy. nr. Amdur: Well, the shopping center managers who manage the property for us, Richard Breder and associates, they are working with larger tenants to try to got the larger space used or where we have 15,000 sq. ft. areas in there, and if ou start taking frontage away from those people, it becomes lass desirable. As I say, I have not been involved on this. I have been recuperating from an operation and I'm not really sure why. I was able to come tonight and my partners, I'm sure, have examined this thoroughly and I really was asked to be here because, in fact. Mr. Davin asked me, that everyone wanted to know w!iat was going on as far as the huffor and the landscaping, not speciftcatly the beauty salon. canter? '-ir, ii lverman: Onc other question. 'tr. Amdur: Yen sir. 'tr. :=i lverman s How long has your group nwnu.d the nhoppinq 'tr. AzJuri Heyday hau owned the shoppingt renter, I believe, throe years, three and noe-half or four years. -7- October.21, 1975 Item 43 • 'ire. an; You so, t I ;)roblem in. thi!: rl'lnhping center 'h1'1 >Eyen 1)o f mre thin i3eiir i L don't know how :limy t imp!;,.. . nr. Amdur: :.urior' us, I'm !pure. Mr. Silverman: ...shiny, many times since t'vWW hems on the Board ten }►oars, and we've heard promises about fixtnn thin wall far ten years and this :call has only deteriorated more and more, it's never been repaired, it's never been improved. in fact, now there's a million ooeningn. The wall in .111 over the place. The area in really terrible... Ir. Andur: That's true. one opening.... Mr. Silverman: And we've heard promises an it had absolutely nothing to do with the bank. We've heard promises about fixing up the wall, and you were obligated, the prior owner was obligated and you were obligated to keep the fence and the wall in good repair. It has absolutely nothing to do with the beauty parlor and nothing to do with the bank and nothing to do with whatever other applications you've had. You were obligated to do that when the shopping center first went in, however many year ago that was. So, i can see why the Staff and the Members of the Board are skeptical because we've heard these stories and these promises, 'it's coming, it's coming --we're going to do it' but nothing has ever been done. Mr. Amdur: I would have to say that probably going back the four years, you are correct. Now I think Staff would he correct on that basis. However, since the time that the proposed structure of the bank has been discussed, it was considered and I believe hopefully that we were going to be moving on this as soon as possible, that's why nothing did happen. The only thing that was closed off --the Highway Patrol, their access from llth Street. That had hen closed off and that was one of the other major sources of a problem because of the traffic, of the excess traffic that was goinq on llth Street but, as I said, and I can commit -- I believe we will have thin, we will begin this by the first of the year and hopefully we'll have it completed. There's an awful lot to do in there, I'm sure you realize. Mr. Dean: Alright, anyone else? Mr. Alfonso: Mr. Whipple? Hr. Whipple, do you believe that when the bank will complete the building, that it will accomplish the fixing of the fence as part of the plan? 3r. Whipple: Mr. Alfonso. I really -- I won't answer that. I'm sorry but we've just had an indication by one of the Board Members '.rhi-:h I thoroughly agree with --this has been going on and on and on and I'm not impressed with anything at this aoint... :ir. Alfonso: I am aware of that but I want to know, I want L u know is it going to be any solution? Because you have to, the epartment has to approve the final plans. That wh i ch is contemplated, :ill th nt be a ror edy to that when they finish the hank? The profiler of the fence will be solved when they build? 3r. Whipple: Well, I would have thought the problem would have been solved four, five or nix years ago, Mr. Alfonso, and I'm suggesting to you and it is just a thought -- I'm suggesting the improvements, if this is what's t,umginq the Department it you will, and what's bugging the neighborhood, that the fence or the landscaped area could be done tanorrow or started tomorrow. This doesn't have to wait for the bank. T::e shopping center is an entity. They own the pronerty, they control the leases and they (whoever owns it) have an obligation to make those improvements in nay est ' i 4RTIVE DCCUE: FCLLG r" -i- October 20. L975 Mon 82 .1r. Al! n-; ). ) ;',,;t.t1t1 i'. thtrt ono ho,.,!.i-o r`lA?:10 YOU're ! r)t :tar,,orl.!'.'t' .'fvel 'I')'1't. !.alai'.,* 'IA,' t Laid+:. "tt)'lil',1'., .1n(1 I'm !Parr, of that, t11o;7 hrr.'o ,-,-1o.11 .:i.ttl t.p' t ,.l>: h'.')t11., thht. 7) to then fence the grill}: 1.,1 ctoit1 tc, huiUi., hnl tho o,sr tw,r(:ont,.'io, the owner of the shopping nentor is gninrt to :)'iiltl i- is that correct, sir? It in my understanding that 'tJir' ;yank is r;4inr? to :mild or repair t, ttt of the fence and anrnthrir per .,nt.- to of the fence is notnrt tn be built by the : hoppintt center rlcrnorn, in that correct? .\.r ciur: to the 1 ea:;c' that was WArl:od out • ith the new nurchaners of the bank, the ,rive -in facilities and eortion of the wall - that is part of tite construction work that the bank people will undertake • as part of their construction, and we've crossed easemAnta as far as the perking for the other ntoros, etc. That hzn complicated it slightly, but the thing that *jade more sense Wince one of the principals in the bank (they are their own contractors), they exeros sed a desire to be Able to do all of the construction including the landscaping which we have bids for -- we have bids from ttelrone, T've b.icln from Tropical Landgeape and you may or may not be familiar, if yr'i remember, the Planning and zoning Board -- yeti all require that we have a nix font wall and then the City Commission further added that henides the six foot masonry wall with stucco on both sides that it have landscaping, and the landscaping shall conceal the exterior nide of it, So the wall must be built and landscaoinq put in front of it to conceal the wall after the wall is built. The City Commission even went further in our requirements. we're talking about a substantial amount of dollars. I have to agree that the first years that the shonninq center was owned, that the owners and ourselves were negligent in not maintaining the wall. That I cannot argue with. We have too much at stake at this point and it's too expensive a for -- we're talking $250,000, $314,040, just for improvements, no structure. Just landscaping, sprinkler and paving, and I think we're certainly entitled to try an4 see if we can stet the best possible price we could and if the contractor for the bank is going to be able to do it and we can have one contractor inntead of two, that's what we were gointz for. t !e "tr. .Alfonso: That's what I undorstood.. t_j Amur( !,i��J G :ir. Davis: Mr. Chairman? DOCUMENTS Ir. Dean: Alright, Mr. Davis? FOLLOW" t'tr. Davin: If I can try to answer Mr. Atfonno'a question, too. The improvements to the wall and to the landscaping wore made a part of the Resolution for the construction -- that would permit the construction of the ban}:. The bank therefore, if they are going to build it, would not be able to get a Certificate of Occupancy from the Building Depart- mere unless those plans were finalized. Mr. Alfonso: That means there will be a remedy for that problem with these people? :r. Davis: If they complete, if they wish to complete their .,'n': sir. Ir. \Lfanso: okay, that answered my auestien. Thank you. 'tr. .+ean: Alright, anyone else? •Ir. ,sus ti l loz : I would like to say seine th in» . An the owner of the beauty salon, I intend to... Ir. Dean: State your name and address for the records. Mr. a'tstiLlos: '!y name is Kamen Rustilla+s, 75q U. W. 43rd Avenue, Apt. !.0 5. If I aver get the permission, I'm tie i nq to be tho owner. October 20, 1175 itete #3 Ir. :1r n: Or ` p1't"c'lor�'l►i Mr. 1Su;tillo'.;: Tht+ N-t7C)ort", i'03. Mr, nr.-:t:: Of the property. Mr. Nustillos: Of the beauty salon, yen. : m.t, t would like± -- please he patient with my 1:nilish, you nee, i an not vary familiar as I said the first day and then the !second day -- 1 am still not familiar. . nut sir, what has surprised me in talking about this, that 90% of the conversation has been about walls, about fence, about the bank, about the landscaping of the shopping center. About 10% of the time, it has been in talking about my --what I want which is the beauty parlor. Now, there has been a lot of negative things because of the shopping center itself but there has not been any negative and technical reason -- there is just one technical reason that Mr. Silverman told me the first time. If you don't mind. I took some pictures and would like to shots you something because you've got the idea that if I ever gat the permission and i build my beauty parlor there. I'm going to be avoiding the traffic of the people which is not true. By the way, from the sidewalk to every commerce line is about Li'. In my case, I got the permission from Mr. Simon to do (if I ever qet the permission from you, of course) to do it but he obliged me to go back, instead of 17', 34', trying not to avoid the traffic of the people but the view of National Fabrics and Three Sisters. ice's takinri care of his other tenants, of course. If you don't mind, I would like everybody to see them but you in particular because if there's something the first tine that i was going to avoid a restriction to the public, may I bring it to you? Me proceeds to distribute photographs he's taken). I've got two or three of each so everybody can be seeing at the sane time. Mrs. Callahan: Oh fine, I'll pass this on then. Mr. Hustillos: Now while you're seeing, m•,, friends, what I would like to nut in the mind of this Hoard the reasons why the permission must be granted to me. As I wa3 saying, in my very bad English, I assure you people that I know more about that beauty parlor than even the owner, Mr. Simon. I have been putting a lot of time in this and to be honest, I have been about one year just making measurements and trying to get from Mr. Simon not to bother other tenants, etc. So, he gave me a lease, or at least he's going to give me a lease, but he obliged me first to go 34', not to avoid even the view. The a+css by of people from the Highway Patrol and from the other side, it's not going to affect and by the way, I'm not going to block any pedestrian passing. lou questioned Mr. Simon's people about wht' I don't take any 4ther space in there. In the first place, if i build this one, it's going to be cheaper for ens, monthly payments, and in the second way -- in a beauty parlor, you just need 3S-40' deep, that's all because a beauty parlor is a very small place. Now going back to this. I think I can give you ten positive reasons why you should grant it to me. Sint, because the sidewalk is going to remain in the same way. Second, because as I told you, the doors are 17' -- I'm going to be 34, and by the way. I have to go just a little back to make it easy for everybody. I've not the pollution okay. I remw'aber this Lady, Mrs. Callahan, asked en0 if I already had pollution and i wanted to bring this permission to ahemw you that I already have the pollution permission. I already have the electricity • it -10- October 30, 1975 It in favor of the applicant, Qecon4ecl by !Ir. Alfonso. Doing none, dell tat., rnll, okay fttat 11". : F : t- in: .y('tl`;.1 11!7,, (4.th 1 Ir. 0- the Continuo. Mr. I brq your pardon? lin You vent rtr tn...nh. :.r.:t, as I gave Ir. Silverman the pollution nt:ay, thr' electricity I already talked to the Electric Company and they already made the arrangement, not to brini the electricity to me but I have to go and look at, which, I already fixed that problem, if it'n any problem at all. The construction -- 1 already talked to .t construction which is going to Hake the building for ne if you give rtr the permission. Is already made contact with the Fire bepartnent which there's no objection on that so, in this moment, there in no one against the project but the City itself, not because of the project or the beauty parlor itself but just because of the shopping center situation and because, to be honest, it's a very nice service to the community -- beauty: I mean, it's no problem at all, and is the only way my wife and myself have to stake a living at for I thins: I told you the first time that i was a pilot. I'm just a little too old to fly anymore, and I don't think there is any negative reason, to be honest, why you should deny the permission. Mr. Dean: Alright, thank discussion by a board Member? Any Are Dort: `Ir. Chairman? :.r. Dean: ?Ir. Gort. you very much. ;fright, any further further discussion by a hoard :Umber? 'SC.! cR ; IVE DnCU Ur?EtITS 7 .'•ir. Gort: I really consider that the'een44tton-: t'tat we attached to the grant or this bank which never in the past we were able to get -- it's my understanding somebody threw the figure of $201,0T) in landscaping The reason we got that is because we granted permission to the bank and now we also put the condition that it would not get a C. O. unless all that is finished s© we know they have more interest at stal:e right now by the persons owning it than any other owners in the shopping center. i know this shopping center very well. I are up in there and I go there quite a bit, my friends still live there. The way this is planned, as I figure out, is a total of 4,000 sq. ft. and, if granted, he is to receive or to build 830 out of the 4,000. 1'vo watched that open space. I don't see that many people going through it and yet by leaving 18 ft. on one side and 17 ft. on the other T think that's more than enough room for people to go through. Than tins: of the era, with business the way it is, anybody who wants to put tan his money with a :business like that, I mean,.... we have plenty of parking and I know, God wilting, it's going to be a beautiful shopping center. Once it's finished, I think the big stores will come bach to it. I think one of the reasons the big stores left it was because of the way it was deteriorating. But I think the people, right nos --the owner --hag more at sta':e than any other owner. For that reason, I'm ready to make a notion. i Tir. Dean: Alright, an • further discussion? \fright, being none, okay, i'r.t ready for a notion. .1r. Gort: T move in favor. :Ir. Alfonso: i:econd. Ir. Dean: ..fright. you've hoard the; motion b- 'ir. c'ort, moving 0tteer -i i scussion? -11- t�otee, 197 , Item 42 Mr. oc,vi ,: Notion is to tioco,w►mt. On^ rnh jontinn wl ; rr+crnive+-1 i f .' rii 1 `Sr. (lhrt c: fereJ the fn11ow i nr reir,lutinn an•1 mcwrcl its adoption: nsoLUTIoN 110. 713-138-75 RESJLUTIoTO 141 CO'.tMI f) !tCQUtST F'( R MAIMISSIoU AS M O11 INMCE 6R71, A i'I:;LC xiii. StCTIoN 4, TO PERMIT BEAUTY SHOP ADDITION ON TRACT "A", CENTRAL SHr)t'IIN1 PLAZA (G8-79) , BEING APPROXI ATELY 3805 N. W. 7TH STREET; ZONED C-1A (PLANNED SHOPPING CENTER) . Uti n being seconded by 4r. Alfonso. this re'nlution was passed and adopted by the following vote: AYES: Messrs. Alfonso, tort. Mmes. Basila, Callahan. NAYS: rlesnrs. Silverman. Dean. t1 i e. Baro. Mr. Davis: :lotion passes, 4 - 3. lr. Dean: Alright. thank you very much. -12— October 70 . 197S hers 13