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Home My WebLink AboutO-08267• 3 4 7 9 10 11 12 13 i4 15 1G 17 18 1.9 20 21 22 23 24 25 26 27 20 29 30 3' 32 33 34 0,,O1 NA JCi: NG . 8267 A;'} OHDINANci; [d;i•;NDI;IG ORDINANCE NO. 6871, THE CC); I'R}•flEN I'iE ZOi'.IN(:, ORDINANCE THE C1'1.'1 OF MLA:•;1, BY CNANo:L; G THE GO;: :Ili Ci., I1' I CA i ON P02 THE WESTERLY AZ OF LOT 27, BLOCK 3, BISCAYNE AVENUE TRACT (3-195) (TWO FAM ;, ) TO C-4 (GENERAL COMMERCIAL) DISTRICT, L )i:A';'i: D AT APPROYT[iA'I'[:LY 175 N.W. 57'1'H :>'iT' ;E'i' • A:N) BY MAKING THE :; CL;.r:3AiY t;.;AN'3ES IN 'i'}iL ZON i:<< DISTRICT MAP }•iADE A PART OF SAID ORDINANCE NO. 6871 }3Y REFERENCE AND DESCRIPTION IN AR '1 IC ,;; III, SECTION 2, THEREOF; AND BY REPEALING ,ALL, LAWS 1N CONFLICT HEREWITH. WHEREAS, the i;1ami Zoning Board at its mee L Tut; of April 15, 1974, Item No. 2, following an advertised heari ni:,, adopted Resolution No. ZAB 49-74 by a 4 to 3 vote re;;Ommc,n :ing denial of change of zoning classification, as hereinafter set forth; and WHEREAS, it is deemed advisable in the bet .Jr the general welfare of the City of Mall) and :1t,s inh-lip :tonL ; to grant a change in zoninG classification, a3 hero.LIIaCter ut. forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISS v;. OF t� CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Coi;ipari.:ivc Zoning Ordinance for the City of Miami, be and the :;ar,e hereby amended by chanting the zoning classification he Westerly Ai of /Lot 27, BLOCK 3, BISCAYNE AVENUE TRACT (3-195), from R (Two Family) to C-4 (General Commercial) District, locatt fi at approximately 175 N.W. 57th Street; and by making t.hc changes in the zoning district map made a part oi' sn i(i Ordinance No. 6871 by reference and description in Article 1I;, Section 2, thereof. Section 2. That all laws, or parts of laws , in herewith, be and the same are hereby repealed insofar a;; .i,�• above described land is involved. for u 1 ul I NI II N quillIMIIIIMIIMInnu IIII II INIIIIIIInim no 1 I I I NI II 11111/1111 NI11r111111 I 35 1 Section 3. It is declared the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not he affected. PASSED on First Reading by Title only this 9th day of May, 1974. PASSED AND ADOPTED on Second and Final Reading by Title only this 13th day of June, 1974. MAURICE A FERRE MAYOR H.D. SOUTHERN CITY CLERK MIAMI REVJEW AND bA1LY FitCCRD Abashed Daily except Saturday, Sunday and Legal Holidays Multi, Dade County, Florida. $CAFE OF FLORIDA COUNTY OF DADS &ppaerad 11. the James, undersigned on oauthority says personally she fir Vlca.Praafdent of the Miami Review and Daily Record, a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement or Notice in the matter of City of Miami, Florida Re: ORDINANCE NO. 8267 In the was published In said newspaper in the issues Court, f J.une 2.1., 1974 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County. Florida, and that the said news- paper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday. Sunday and Legal Holidays) and has been entered es second class mail matter at the post office in Miami. In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy f advertisement; and affiant further says that heneither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication I -thee sold newspaper. publication Swpf‘\4o 21s t day,of Gi + i \ � feartDrbbhie 4otaty 'Pub�d;1 Stete�bt 1f riid�a at Large. (SEAL) `` y, My Commission expires bctdbet- 25, -4976. and.„. sbbsyib If too me this June \ A. D11974 I)AtirE b ? Tt Zf ORhh LEGAL .+POT10E AtI intereettrd wHt take notice that on the BM der of Yttne, 19'74 the Commission of the City of +Miomt, Florida adotited an ordinance entitled =- AN ORDINANCE AME;t'D- ING ORDINANCE NO. 6871, T COMI'R)J'HENSIVE ZONING ORDINANCE FOR THE CITY or '1IIATVtI, BY CHANGING THE ZONING CLAASTFICATION FOR TRFI WESTERLY fir OF LOT 27. BLOCK 3, BIECAYNE AVE- NUETRACT (3-195) FROM R-2 (TWO FAMILY) TO C-4 (GENERAL COM4IERCIAL) DISTRICT. LOCATED AT APPROXIMATELY 175 N.W. 57TH STREET: AND BY WAKING THE NECF-SSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDI- NANCE NO. 8571 BY RP1F- ERENCE AND DESCRIP- TION IN ARTICLE III, SEG TION 2. THEREOF: AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. which is designated Ordinance No. t267. H, D. SOT'THERN CITY CLERK CITY OF MIAMI, FLORIDA Puhlirsti.+n nt this notice on The -91rr-day-tt-Jvtte, 1974. C,'21 iti G075f �,y 1T `G' - T ,P."'7 "' - .314"• ,_ --. •-•. ,.T...-,.,,-f ..-x•••• e- _.,,._ 3 5 6 7 9 10 11 12 13 14 15 'G 17 iU 19 20 21 22 23 24 25 26 27 2b 29 30 31 32 33 34 35 ORDINANCE NO. AN oRDi;•;!1;iCE i L.i.D.L G ORDINANCE NO. 6871, COMPRi_;I{ENSIV[': 'ZONING ORDINANCE FOR THE CITY 01'' I•i.LAMI , 13Y CHANGING THE. ZONING CLASSIF.ECA'i'ION FOR THE WESTERLY 1 OF LOT 27, BLOCK 3, BISCAY AVENUE'. TRACT (3-195) FROM I;-2 (TWO FAMILY) TO C-4 (GENERAL COMMERCIAL) DISTRICT, LOCATED AT APPROXIMATELY 175 N.W. 57TiSTREET; AND BY MAKING TEE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PANT OF SAID ORDINANCE NO. 6871 13Y IZEFERENCE AND DESCRIPTION IN ARTICLE III, SE';CTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Miami Zoning Board at its meeting of April 15, 1974, Item No. 2, following an advertised hearing, adopted Resolution No. ZAB 49-74 by a 4 to 3 vote recomiLending denial of change of zoning classification, as hereinafter set forth; and WHEREAS, it is deemed advisable in the 'best interest of the general welfare of the City of Miami and its inhabitants to grant a change in zoning classification, as hereinafter set forth; u NOW, THEREFORE, BE IT ORDAINED BY THE CONNISSION OF TiiE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is Ithereby amended by changing the zoning classification for he Westerly z of /Lot 27, BLOCK 3, BISCAYNE AVENUE TRACT (3-195), from R-2 (Two Family) to C-4 (General Commercial) District, located at approximately 175 N.W. 57th Street; and by making the necessary changes in the zoning district map made a part of said Ordinance No. 6871 by reference and description in Article III, Section 2, thereof. Section 2. That all laws, or parts of laws, in cony:lice herewith, be and the same are hereby repealed insofar a:; ;fie above described land is involved. • 2 3, 4 7 9 10 11 12 13 14 15 16 :L 7 16 19 20 21 22 23 24 • 25 26 27 2q 0'9 30 31 32 33 34 Section 3. It is declared the legislative intent of this body t tt if any section, subesection, sentence, phrase or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. PASSED on First Reading by Title only this day of , 1974. PASSED ADOPTED on Second and nal Reading by Titlf only this 4.23 day of 1974. ATTEST: 9 CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: JOHN S. LLOYD City Attorney 2, MAYO R 35 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 en r M1.NACEP -' IAI I 14 Mby 1 PM 3 : y I ORDINANCE NO. AN 0 DINANCE AMENDING ORDINANCE NO. 6871, THE MPREHENSIVE ZONING ORDINANCE FOR THE •D TY OF MIAMI, BY CHANGING THE ZONING CLASS ICATION FOR(LOT 27, BLOCK 3, BISCAYNE AVENUE 'BRACT (3-195) FROM R-2 (TWO FAMILY) TO C-4 (GE ERAL COMMERCIAL) DISTRICT, LOCATED AT APPR XIMATELY 175 N.W. 57TH STREET; AND BY MAKING T E NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY R FERENCE AND DESCRIPTION IN ARTICLE III, SECT ON 2, THEREOF; AND BY REPEALING ALL LAWS IN COdFLICT HEREWITH. WHEREAS, the Miami Zoning Board at its meeting of April 15, 1974, Item N. 2, following an advertised hearing, adopted Resolution No. .AB 49-74 by a 4 to 3 vote recommending denial of change of zoni g classification, as hereinafter set forth; and WHEREAS, it is d-emed advisable in the best interest of the general welfare of the ity of Miami and its inhabitants to grant a change in zoning classification, as hereinafter set forth; NOW, THEREFORE, BE 'T ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ord nance No. 6871, the Comprehensive Zoning Ordinance for the City • Miami, be and the same is /I., (r•• hereby amended by changing the oning classification for Lot 27, BLOCK 3, BISCAYNE AVENUE TRACT (3-195), from R-2 (Two Family) to C-4 (General Commercia') District, located at approximately 175 N.W. 57th Street• and by making the necessary changes in the zoning district map ade a part of said Ordinance No. 6871 by reference and description in Article III, Section 2, thereof. Section 2. That all laws, •r parts of laws, in conflict herewith, be and the same are hereby epealed insofar as the above described land is involved. 34 35 Section 3. It is declared the legislative intent of this body that if any section, subesection, sentence, phrase or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. PASSED on First Reading by Title only this day of , 1974. PASSED AND ADOPTED on Second and Final Reading by Title only this day of , 1974. ATTEST: CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO !.M ADD CORRECTNESS: RN S. LLOYD ity Attorney 2. MAYOR 36 a 41 ifl±± f .tart, Honorable City Commission Attention: Mr. P. W. Andrews City of Miami, Florida Gentlemen: torafrophi April 22, 1974 Re: CHANGE OF ZONING - RECOMMEND DENIAL Approximately 175 N. W. 57th Street Lot 27, Block 3, BISCAYNE AVENUE TRACT (3-195) Applicant: Louis Cirotti The Miami Zoning Board, at its meeting of April 15, 1974, Item #2, following an advertised Hearing, adopted Resolution No. ZB 49-74 by a 4 to 3 vote recommending DENIAL for Change of Zoning Classi- - fication on Lot 27, Block 3, BISCAYNE AVENUE TRACT (3-195), located at approximately 175 N. W. 57th Street, from R-2 (Two Family) to C-4 (General Commercial) . Three objections were received in the mail. An ORDINANCE to provide for this Change of Zoning has been pre- pared by the City Attorney's office and submitted for consideration of the City Commission. 'ncere y, l� David Simpson, r., DYrector Department of Administration Planning and Zoning Boards cm Z. M. #13 Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "DENIAL". 4 2. APPROXIMATELY 175 N. W. 57;H STREET _ Lot 27, Block 3; BISCAYNE AVENUE TRACT (3-195) . Change of Zoning Classification on above site from R-2 (Two Family) to C4 (general Commercial) . z'y Secretary filed proof of publication of Legal Notice of Hearing, and administered oath to all persons testifying at this hearing. i% PLANNING DEPARTMENT RECOMMENDATION: "DENIAL" The request for change of zoning on the subject property from R-2 (Two -Family) to C-4 (General Commercial) is contrary to the established land use plan for the area and would adversely influence livi;nr, conditions in the area. The subject property is located in the Edison Park Neighborhood Development Progren Area (NDP , 2) in an area of predominant one and two family dwellings and faces signie family residences located on N. W. 57th Street. The land use plan for the Edison Park Area recur mends the encouragement of low -density _csidential use in the subject area supported by neighborhood or conveni- ence commercial use on N. W. lnd Avenue. The subject applica- tion is, however, directed to expansion of general commercial use which is oriented more to community -wide needs rather than to the neighborhood, and would result in loss of a valuable community resource - residential acreage. Mr. Dean: 111 right, staff? 'Yr. Doo+ley: Mr. Chairman, this property is located in the Edison Park Neighborhood Development Program Area. We have partici- pated in th planning of this area, over the past three to four years. As of recent, we have made contact with H.U.D. Officials, who are responsible for the planning administration in this particular quarter of th4 community. Ou:: recommendation, very concisely, is to deny the petitioner's reque.,t for rezoning. We do not feel that any additional commercial zoning i_i this particular quarter, is essential to the welfare of the N.D.P. Area. We reel that the existing C-4 zoning which now exists lour, Sec"rd Avenue, between 59th Street and 54th Street, is not com- eat ,ble w::th the service and convenience needs of the residents in the area. And, we recommend, tonight, that you take these planning reeom- mendaeions under consideration, in making your zoning decision. Thank you. Mr. Dean: Thank you. All right, sir, would you state your :lame and address for the Record. V.r. Cirotti: Louis Cirotti, 5705 N. W. 2nd Avenue. Mr. Dean: All right, sir, proceed. Cirotti: Well, we have an existing building there, at 5705, we're trying to build a building adjacent to this, which is pointed up there. And, we need eleven parking spaces. We have the lot behind .:he building. Which we wanted to change for a parking area. We were going to pave it, landscape it, put drainage; and it's all it's going to oe used for is parking. And, we were unaware that this wasn't zoned for - you know, for parking, this is why we went ahead with the plans, and took them up here and this is my architect, he will explain it to you, better than I can. Mr. Dean: State your name and address for the Record, please. vr. Corbella: Juan Corbella, 7400 S. W. 82nd Street. Mr. Dean: All right, thank you sir, proceed. Mr. Corbella: There is an existing building on Lots 25 and 26 which are the corner, the corner lot and the adjacent lot. And, the proposal is to put an addition to this building, which would very well -6- April 15, 1974 Item #2 cover the two lots. The existing perking is back--ue tyne parking into the street, which is not allowed, any more. So, this makes all of the parking that there is now, illegal if an addition is ;gut on the building. The Lot 27, which is the one that is being petitioned, is now being used for parking, it's not paved, it's just unpaved, but it's being used for parking, and there is a water heater, and other things in there, which are used in conjunction with the business on the existing building. And, that's really the problem. If we nut an addition to this building, the existing parking is not legal, therefore, we have to provide new parking, for the existing part, as well as for the new part. And, the only place to put it would be on that Lot 27. The parking that is required, will fit very well in there. There are trees, there's some big trees on the property, on this Lot 27, `Which will be left in place. They won't be disturbed by t'v^ new parking. And, that is about it. The only other thing is, t:.r t there is already the one-half of Lot - of the lot back of this one, that is .all Cady being used for some air conditioning equipment of the other building, that, really, the area will he improved, rather than deterio- :.ate, from what it is now. fir. Jean: All right, sir. Mr. Cirotti: Let me point out, too, that the Lot 22, belongs to '.tiaigreens - belongs to the walgreen, they also use parking on there, ricant now. And, Lot 27, as you see, runs adjacent right dawn. That lot there's been used since 1948, for parking, that's been going all along there, there's Y.r. . Rambo, .and he can tell you he owned the prop- erty s.rTlicr before I did. Thank you. • (;ors: Mr. Chairman? All right;. just - is there anyone in opposition? • rn_ hrcu ;:. •,•rich «our presentation, sir? Sir? Are you finished 7•: -h presentation? C .:c<itti: Yes, I am. Thank you. :r. Jean: All right, is there anyone in opposition? • Simpson: I don't think he's in opposition. :;r. Dean: All right, are you speaking for the applicant? ;r. Rainee: No, no, I'm speaking for the tenant. I bought this pe t-,._.' :.y - • Jean: State your name. ;r e . Rahn io : Mr. W. D . Rambo is my name, I've been down here, s eeee i' l ; , :snow Miami backwards, when they had five hundred people on l. m i .'each. 1 :x.0 ht this property in 1946. Twenty-five and twenty-six. It's =.plit up, on north twenty-six, north, 25 and 26, there's 60 feet, and tee south is seventy feet. Where the building is, now, which goes back :.o the end of the lot, to Lot 27. I bought those first, then the next •,peek, T bought Lot 27. And I went down to the City Hall, and they told roe. I would never have any trouble, at that time, to get this re- zoned, because we wore going to use it for putting gasoline tanks, and stori:•iq equipment, and parking garages, and that. I never used it, myself, but I _ented it out, which was a dry cleaning plant, and a shirt leundry. 'Whose people were going broke, and Mr. Cirotti here, I rer;. ec -tre property to him, for, I think it was five years, and then, on to? of t.zc.t, at that time, I think it was about three or fours ago, Waigreer.'s, through the City Commission, wanted that lot back of them, right ,of this Lot 27, back of their building, they wanted it to be zonec. to: parsing, which they have sent out all kind of letters and -7- April 15, 1974 Item #2 stuff like that, and I agreed at the time, it was okay with me, I said, 'I would like to have this lot changed at the same time, for it actually should be changed to a 13-3 zoning, the :-a.r•.e as the building on the front'. One reason, on top of this, a year ago, a little over a year ago, about two years now, I bought Lot 28 and 29, there's only Lot 30 there. Mr. Cirotti owns Lot 28 anti: 29 back of 27, which is a hundred feet by a hundred and thirty feet deep, so I can't see where there'd be any objection on this property, at all, and even the lot the next, the Lot 30, he's been trying to sell that to Mr. Cirotti, here, to take in the whole block. I think, as far as I'm concerned, it's the best building in the block, and if he's going to clean it up, which, the City up until about five years ago, I think it was Kimble and Murray Dry Cleaners had that lot, the building, and the City had all kind of trouble with him, I had it on a lease that he would have to keep up the property. and everything else, and they, every year, they had to come back ur there, and serve warrants on him, to get the lot cleaned u: , it was a devil of a mess with old junky equipment, and weeds and ezythinc* else. But, these people here, now, they want to u51'_ it for a parking lot, they have a fence around it, and they want to take and pave it, and they want to make it look like something, it'll be an asset to t. community. That's all I got to say. Mr. Dean: All right, thank you, sir. 'tr.. Laden: Good evening, "'Ir.. Chairman, Ladies and qentlemen. 'rn Lew Laden, I'm the Executive Director of the Dade County Laundry and Dry Cleaning Association. My only interest is this, when Kimble an Mu4rav, as the former speaker said, had the laundry and cleaning plant there, I used to have to visit them, and I want to tell you, ycn. tan about non -conforming, that piece of property you're talking had more junk laying out there. And, it's true, as he said, i Lrid to pw sh them around to clean it ur,. ;;O4, one thir.•cr I'll say for this Zoning and Planning Board, 1' •re a` en befor►_: you people for the last twenty, twenty-five years, ,:,_ one of the good things about it, when you do allow parking, you c:e;:tain1y make them put up a decent looking parking lot. And it is a cieliit to you. And, this is what these people want to do. It was non-conformitive, the way that piece of property was used. And, I can tell you, for my - from my experience, it will be the best :iz ng you can do, to have - it's being used for a parking lot now,. to a,e them beautify it, pave it, and do what the City requires, and I wo► 1d appreciate if you would go along with this fellow. Thank you. Ar. Dean: All right, your welcome. Is there anyone else? A.:: you for? Or, are you in opposition? Mr. Guillet: Yes, my name is Joseph Guillet. Mr. Dean: Just a moment, are you for the applicant, or, are you in opposition? 'sir. Guillet: No, I can explain to you, very much, because - .'sir. Dean: Mr. Simpson? Did we swear him in? :4r. Simpson: When I asked everyone wishing to testify to raise their right hand - 'dr. Dean: Anyone else wishing to testify, now, raise their right hang. :dr. Guillet: I live in 56th Street, and First Avenue, but I don't speak English very much. :4r. Jean: Just give your name and address. yr. Guillet: I4y name is Joseph Guillet. -3- April 15, 1974 Item ,'#2 Mr. Dean: And your address? Mr. Guillet: My address is 163 N. W. 56 Street. Mr. Dean: Okay, pull the mike up, and proceed. Mr. Guillet: Yes, I come to right here, but I don't know exactly how to explain it to -- to you all right well, because I don't speak English very much. They sent this slip to me, about coming here at 7:00 P."2. , but only one thing I can say, I don't think it is right for it to change 57th Street for commercial, because we all was talking about it, but they said they wouldn't come, they couldn't explain it any better than I. So, I don't know what I have to say. But only one thing I hear everybody say, it's not right, to change that street into commercial street. Mr. Dean: Okay, we get the message, you are in cuprsi eion. Mr. Guillet: Yes. Thank you. Mr. Dean: Thank you. All right, next? Mr. Patee: Mr. Chairman, Ladies and Gentlemen. I happen to be on the board of the PAC Group, for Edison Park, and 1 don't know that I am here to testify, I think I would like to ask a couple of questions. 4r. Dean: Well, put your name and address into the Record. y.r. Patee: Ed Patee, E. G. Patee, 5706 N. W. Second Avenue. We own a substantial plot of land, opposite the laundry. In saeaking of the parking lot, I would like to ask a question. re -.ha_s w.tilin the area that is now fenced? Oh, it is already fenced. t.'irotti: Yes. Mr. Patee: Frankly, from this standpoint, the area that is • rear,y tented, I really can't see any serious objection, on our part, • ,c:-_,oininri property owners. I would Like to possibly ask the Board o tttpt:.1J to some degree of landscaping, rather than just a harsh cn~ in 1: fo.nce, inasmuch as we are encroaching on the residential a,: , that we have here. Outside of that, I think we would have no objection. qr . Dean: All right, thank you, sir. Patee. Anyone else? ;r. Corbella: Ir. Chairman? 'fir. Jean: Yes, sir. 'xr. Coroella: Perhaps, in connection with what he said, the existing fence is about five or six feet on this side of the property lire. And, this was done so, because there's quite a lot of vegeta- tion along the property line, and the fence was put on this side of the vegetation. So that there already is a buffer. We're not going to use the entire Lot 27 for parking, because the fence is already about five er six feet inside of the property. So, the landscapitle is already there, and in addition to that, more landscaping will be. added. ' r• .jean: All right, sir. We will close tie public hearing portion of it, and have discussion among Board Members. Mr. Gort. Mr. Gore: Mr. Chairman. I have a question for Staff. If we were to follow the line that is already on 22, would that help them :.0 s c up their parking space? �r. Dooney: I don't believe that would believe that would assist them here. Let me bring your attention, the request for zoning chanee is to provide parking for an expansion. -9- April 15, 1974 Item #2 • Mr. Gort: Right. Mr. Dooney: They plan on expanding the existing f6eility, which is now located on Lots 25 and 26. qr. Gort: Let me ask the applicant a question. How long have you been in business there? Mr. Dean: Come up to the mike, please, sir. Mr. Cirotti: Eight years. Mr. Dean: All right, anyone else? All right, thank you. Mr. Gort: Thank you. Mr. Dean: The Chair is •ready for a motion. tir. Gort: Well, I will tell you, the way I look at it, I think they are using the parking space as it is right now. 1 think that if we do grant a change of zoning here, it will be of benefit cf the people in the neighborhood, because they will have to improve that space that they are using right now. So, it's going to be some improvement, and right next door you have a C-4, already. So, I l::cu:.:; move for approval. Mr. Dean: All right, you have heard the motion, by Ar. Gort. Ts there a second? ir. Silverman: Second. Y:r. Dean: All right, seconded by Mr. Silverman. Under dis-- cuss_on? 'r. Alfonso: Under discussion, I am going to say for the decor.•,:;, that an:, change of zoning has no restriction, whatsoever, and it they come here with another proposition for "Conditional Use" can ateach any condition we wish, which is the reason I am going be a<_ ainst this change of zoning. Dean: A11 right, Mr. Silverman? Silverman: In order to expand their building, north of the present location, in order to get a building permit, they will L:';e •co have sufficient parking, which is what they need this lot Now, the parking lot must be up to Code, and obviously, the parking lot at the present time, is not up to the Code, it's a big meeel. and in order to get a building permit, the lot will have to he paved, arkd drained, and landscaped, and either a hedge or a wall. The only way the City can upgrade this lot, is by granting this appli- cation. And, if we turn this down, we're achieving nothing. The lot will stay the way it is now, which is an unsightly mess. So, by granting this application, we are benefittinq the entire area. Dooney: tir. Chairman, may I make a few remarks, here, before: you conclude your vote? yr. Dean: Staff? Dooney: Within the :?dison Park Area, there has been a sizea.le allowcation made, for the upgrading of streets, west of the Second Avenue. In addition, Dade H.U.D. is in the process, now, of acqui;:ing some twenty to twenty-five parcels, for new housing. Likewise, the Dade County School Board has allocated some seven million dollars, 'to build a new highschool, in this neighborhood. I should also like to bring to your attention, that two blocks -10- April 15, 1974 Item #2 to the north, Dade County H.U.D. is now entertaining a proposal for a new church. What was once, and may still be considered to be at this time, somewhat of a transitional neighborhood, is fn t}:a way up. We feel that N. W. Second Avenue shoull be designed and developed, as a convenience local service center street. We have developel plans in this accord. However, t:nere has not been adequate funding made available here in the City of 'liami, nor from Federal sources. We look with great faith that the area can be upgraded, we see an extension of zoning here, for these kinds of uses, not to be in the public interest, and I implore you to reconsider the decision here, tonight, to grant this zoning change. Mr. Dean: All right, thank you. 'ors. ^1ciraner? '1rs. McGraner: 'Ir. Chairman. I would like to say, it is in a terrible mess the way it is now, but I feel it is an encroachment-. in the residential section. And, as I observed it, it's residential area, one -family and two-family residences, there. And the :_ast three lines of the recommendation of i tannin ; Staff, I agree very definitely with them, and I'd like to read it. "The subject application is, however, directed to expansion of general commercial use which is oriented more to community -wide needs rather than to the neighborhood, and would result in loss of valuable com- munity resource - residential acreage." Mr. Dean: All right. 'Ir. Silverman: lay I? I don't want to belabor this, but let me say a couple of things. t)ne is, this lot is already being used as a parking lot, and has been for many, many years. Secondly, what the staff is saying is: they don't like this l =.mdry in this neighborhood, and they want the laundry to go away. Well, that's fine, if the City wants to buy the property, but it's not fair to an owner, who is using the property, and has used for this use for many years, for the City just to push him out. S'.is lot s being used at the present time for a parking lr,t. This w_i1 only permit him to bring the lot up to Code. And i.,:,'t see how we can be opposed to that. I'd rather have a nice r::i.:i; lot than the dump that's there now. And that's what it astouf s tc,. The bottom line is, the City wants them to go away. Well, I don't think it's the function of this Board to force this man to go out of business, and move to another neighborhood. If the City wants to condemn the property, that's another story. But to say that he can't take his parking lot, and bring it uo to Code, because they want to use it for residential acreage, I think is absurd. lot? Mr. Dean: All right. 4rs. McGraner? 'irs. 'ScGraner: Who, at the prsent time, is using this parking Ar. Cirotti: We are. firs. McGraner: Then how come you haven't sort of beautified it in some respect, if you were using it? °1r. Cirotti: We have been beautifying that place for the past four years,. And the only - I mean, who in his right mind, would put up a house, right behind a laundry? We have a laundry there, that is fifty by a hundred, right now. That's the building, which goes right up to Lot 26, maybe five feet. Mrs. :4cGraner: I know where it is, you don't have to show me. -11- April 15, 1974 Item #2 ir. Cirotti: All right, now, right behind that, who would put a house on Lot 28? Now, I own 28, 29, the only lot I don't own is 30. I moved the fence back, six feet, away from the property line, on Lot 28, so that I would save all of the coconut trees, and all of the other trees that are there. We covered it up, and trying to make it look better right now. But we need the parking area, in order to build a building alongside. Now, I have fifty people working there. And if we - Mrs. '4cGraner : Parking areas can he beautiful, too, you know. '-ir. Cirotti: That's what we're doinn, ma'am, we're - Ars. 'fcGraner: It's a mess right now, the way it is, from what I've seen. Kr. Cirotti: 'ta' am, we have filled it in, we have fenced it, we have cleaned it, we have removed all of the trash out of it. But, it still has to be paved, and we can't pave it, unless we have the zoning. Mrs. McGraner: That's all I have to say. Mr. Alfonso: May I ask a question of the staff? Mr. Dean: All right, staff? Mr. Alfonso: If this, if the applicant should consider a 'Conditional Use" for this, can he accomplish the same, he can have a :m rk ir.q lot in there? %,r.. Simpson: 4r. Chairman, and Mr. Alfonso. '.i?:. Dean: Mr. Simpson. ::r., Simpson: In order to put the proposed addition on the i ),., the required parking must be supplied, and required parking can :pe on a site that is property zoned for the principal use. So, in answer to your question, no, a "Conditional Use" for off-street parking in this particular case, would not meet the requir.e- :.ten,..s of -• or rather the needs, as he has stated them. Ir. Dears: All right, you might as well know it, because I am opposed to the change of zoning, within that area, ana you might as well know it now. Will you call the roll, Mr. Simpson. Mr. Simpson: The motion on Item #2 is to recommend. Three objections were received in the mail. (Continued on Next Page) -12- April 15, 1974 Item 42 Mr. Gort offered the following resolution, and moved its adoption: RESOLUTION RECO"t'1ENDINr CH7N,1E OF zomin CLASSIFICATION ON LOT 27, BLOCK 3; BISCAYNE AVENUE TRACT (3-195) AT APPROXIMATELY 175 N. W. 57TH STREET; FROM R-2 (TIC FAMILY) TO C-4 (GENERAL COMMERCIAL) . Upon being seconded by '1r. Silverman, this resolution failed to pass by the following vote: AYES: Messrs. Gort, Silverman. Mrs. Basila. NAPES: Messrs. Alfonso, Johnson, Dean. Mrs. McGraner. Mr. Simpson: The motion fails, three to four. The is another motion in order. Mr. Dean: A11 right, there is another motion in osier. Mr. Alfonso: I move for denial. Mr. Dean: All right, a motion for denial, by Ir. Alfonso. Is there a second? Airs. McGraner: Second. Ir. Dean: Seconded by Irs. Mclraner. Under discussion? There being none, would you call the roll, Ir. Simpson. 'Ir. Simpson: The motion on Item #2 is to deny. (Continued on Next Page) -13- April 15, 1974 Item #2 Mr. Alfonso offered the following resolution, and moved its adoption: RESOLUTION NO. ZB-49-74 RESOLUTION RECOMMENDING DENIAL OF CHANGE OF ZONING CLASSIFICATION ON LOT 27, BLOCK 3, BISCAYNE AVENUE TRACT (3-195) , AT APPRC)XI- MATELY 175 N. W. 57TIi STREET; FROM R-2 (TWO FAMILY) TO C-4 (GENERAL COM'tF,RCIAL) . Upon being seconded by Mrs. McGraner, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Johnson, Dean. Mrs. '4cGraner. . NAYES: Messrs. Gort, Silverman. Mrs. Basila. Mr. Simpson: The motion carries, four to three. -14- April 15, 1974 Item #2 City