HomeMy WebLinkAboutR-84-0479J-84-345(a)
4/9/83
RESOLUTION NO. 84,479.
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD GRANTING A VARIANCE FROM ZONING
ORDINANCE 9500, AS AMENDED, SCHEDULE OF
DISTRICT REGULATIONS, PAGE 5 OF 6, GENERAL
COMMERCIAL TO PERMIT CONSTRUCTION OF A FIVE
STORY OFFICE BUILDING (BUENA VISTA OFFICE
PLAZA) AT 215 NORTHEAST 36TH STREET AND 3601
NORTH FEDERAL HIGHWAY, ALSO DESCRIBED AS
TRACT A, SLK SUBDIVISION (122-95), AS PER
PLANS ON FILE, WITH A FRONT YARD OF 0.0' (10'
REQUIRED), AND A SIDE STREET YARD OF 0.0' (5'
REQUIRED) AND SUBJECT TO A CLASS C PERMIT FOR
OFFSITE PARKING. THIS VARIANCE HAS A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED; ZONED
CG-1/7 (GENERAL COMMERCIAL).
WHEREAS, the Miami Zoning Board at its meeting of March 19,
1984, Item No. 5, following an advertised hearing, adopted
Resolution No. ZB 25-84, b_v a 7 to 0 vote granting the variance
as hereinafter set forth; and
WHEREAS, t:he Planning Department has to}.en an appeal to the
City Commj.s,5ion from approval of the variance; and
WHEREAS, the City CommisSi.on, after careful consideration of
this matter finds that there are peculiar circumstances affecting
this parcel of land, practical difficulties and unnecessary
hardships which would impair the owner's right to the reasonable
use of the property without the grant of variance as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The decision of the Miami Zoning Board in
this matter is affirmed and the request for a variance from
Zoning Ordinance 9500, as amended, Schedule of District Regula-
tions, Page 5 of 6, General Commercial, to permit construction of
a five story office building (Buena Vista Office Plaza) at 215
Northeast 36th Street and 3601 North Federal Highway, also
described as Tract A, SLK SUBDIVISION (122-95), as per plans on
file, with a front yard of 0.0' (10' required) and a side street
CITY Com.mlISSIOItir
MEETING OF
APR 116 19tj
P,ESGiurlu„
kEt,il,ta,v
yard of 0.0'
W required),
and subject to the execution of a
lease agreement
with
the Department
of
Off --Street Parking and
subject to a
Class
C permit
for offsite
parRing, with a time
limitation of
twelve
months in
which a
building permit must be
obtained and
Zoned
CG-1/7
(GENERAL
COMMERCIAL), is hereby
granted.
PASSED AND ADOPTED this 26th day of . April , 1984.
ATTEST:
f
G.ONGIEy Clerk
PREPARED AND APPROVED BY:
� Atup"(N-Im A MIX-J , -
G. MIRIAtli [iAER
Assistant City Attorney
Maurice A. Ferre
MAURICE A. FERRE, Mayor
APPROVI:;D AS TO FORM AND CORRECTNESS:
y/ j
JE GARCIA-PbDR0SA
ity Ai:torney
GMM/wpc/pb/266
0
84-4` S
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Howard V. Gary
City Manager
FROM �` -Q! • Pere Lugo es
Director
Planning and Zoning Boards
Administration Department
DA T F. March 28, 1984 FILE-
5UB.JEC• RESOLUTION - APPEAL BY PLANNING DEPT
VARIANCE
215 NE 36 STREET &
REFERENCEs 3601 N FEDERAL 14IGH14AY
ENCLOSURES COMMISSION AGENDA - APRIL 26, 1984
PLANNING AND ZONING ITEMS
It is recommended a review, be
made of the Variance granted
by the Zoning �Roarcl to perrni t
construction of a five story
office building (Buena Vista
Office Plaza) at 215 NE 36
Street and 3601 11ort-ii Federal
ig way, wit a -ront yard
of 0. (10' required) and
a side street yard 0.0" (5'
required) and subject to a
Class C permit for offsite
parking.
The Zoning Board, at its meeting of March 19, 1984, Item 5, following an
advertised hearing, adopted Resolution ZB 25-84 by a 7 to 0 vote, granting
the variance from Zoning Ordinance 9500, as amended, Schedule of District
Regulations, page 5 of 6, General Commercial to permit construction of a
five story office building (Buena Vista Office Plaza) at 215 NE 36 Street
and 3601 North Federal Highway, also described as Tract A, SLK SUBDIVISION
(122-95), as per plans on file, with a front yard of 0.0' (10' required), a
side street yard of 0.0' (5' required), and subject to a Class C permit for
offsite parking. This variance has a time limitation of twelve months in
which a building permit must be obtained.
Six replies in favor received in the mail; two proponents present at the
meeting.
Backup information is included for your review.
A RESOLUTION to provide for the above has been prepared by the City
Attorney's Office and submitted for consideration of the City Commission.
AEPL:111
cc: Law Department
NOTE: Planning Department recommends: DENIAL
I
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CITY OF MIAMI. FLORIDA
INTER-OFFICS MEMQa�ANtJVM 74 .rj5
v� ti
TO Aurelio Perez-Lugones, Director DATE -
Planning and Zoning Boards
Administration SUBJECT
FROM RCFERENCES
�`..� lguez, Director
March 29, 1984 - FILE:
Appeal by the Planning Depart—
ment: Buena Vista Office Plaza
215 N.E. 36th Street and 3601
North Federal Highway
Plut ing Department Approval of Variances by Zoning
ENCLOSURES Board: March 19, 1984
Per City Code Chapter 62, Section 62-62,
the Planning Department requests a review
by the City Commission of variances
granted by the Zoning Board on March 19,
1984, for Buena Vista Office Plaza,
215 N.E. 36th Street and 3 01 North
Federal Highway.
The Zoning Board, on March 19, 1984, granted two variances for
Buena Vista Office Plaza, 215 N.E. 36th Street and 3601 North
Federal Highway.
The Planning Department cites the following items as forming the
basis for review by the City Commission:
1. A reasonable use of the site can be accommodated with the
development currently proposed and permitted by the granting
of a previous variance on June 20, 1983 by Resolution No.
114-83. Therefore, the hardship due to the irregular shape
of the property has already been addressed.
2. The proposed development met the requirements of the old
Zoning Ordinance 6871 but would not meet the requirements of
the new Zoning Ordinance 9500 effected June 27, 1983. The
- additional floor and its resultant mass is not in accord with
current regulations requiring street yard areas.
3. The parking requirements are met under the new ordinance
9500, (59 parking spaces provided vs. 53 required).
Therefore, requesting a variance for an additional floor, to
accommodate excess parking, while certainly a novel approach,
is not warranted.
4. The long terra commitment of building construction is not s
matched by a similar long term commitment for parking. The
lease is only for 30 years; the Offstreet Parking Authority
Page 1 of 2 84— 47S
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Aurelio Perez-Lugones, Director March-29, 1984
cannot guarantee a lease in perpetuity; OSPA lease the rights
from the Florida Department of Transportation.
It is requested that this item be heard on the City Commission
meeting of April 26, 1984.
SR/TF/dr
Page 2 of 2
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ZONING FACT SHEET
LOCATIONKEGAL 215 NE 36 Street and
3601 North Federal Highway
Tract A
SLK SUBDIVISION (122-95)
OWNER/APPLICANT SLK Properties
Milton Klein
3200 N. Miami Avenue
Miami, F'1. 33127 Phone # 573-5777
ZONING
CG-1/7 (General Commercial)
REQUEST Variance from Ordinance 9500, as amended, Schedule of
District Regulations, page 5 of 6, General Commercial
to permit construction of a 5-story office building
(Buena Vista Office Plaza) on above site, as per plans
on file, with a front yard of 0.0' ('10' required); and
a side street yard of 0.0' (5' required), and subject
to a Class C permit for offsite parking.
RECOMMENDATIONS
PLANNING DEPT. DENIAL. Although the site has an irregular shape,
a reasonable use of the site can be accommodated
with the development currently proposed and permitted
by the granting of a variance. The previous variance
for parking was in conjunction with a 4 story building
which has a building permit but is not under construction
at the present time. The proposed development met the
requirements of the old zoning ordinance but would not
meet the requirements of the new zoning ordinance. The
additional floor and its resultant mass is not in accord
with current regulations requiring street yard areas.
PUBLIC WORKS No dedication is requested.
ZONING BOARD At its meeting of Larch 19, 1984, adopted Resolution
ZB 25-84 by a 7 to 0 vote, granting the above. This
variance has also been assigned a.twelve month time
limitation in which a building permit must be obtained.
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PETITION FOR VARIANCE File. Number V-8
A variance is relaxation of the terms of the ordinance where such action will not be
contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of actions of the applicant, literal enforcement of this
ordinance would result in unnecessary and undue hardship on the properly. .Its used in
this ordinance, a variance is authorized only for height, area, size of structure;
dimensions of Yards crud flier open spaces and of f strcet Parz:irto or• loading
requiremerii,'. (5cction 3101)
I, Milton Klcin 'Fir
..,._.� hereby petition the Cily of Miami Zoning
Boord for a varioncc horn the terms of tTie "Zoning Ordinance of the City of Miami,
affecting property located at 3601 Federal Highway and 215 ice'. } a 9 Micmi, as
specified below. 3b Street
In support of this application, the following material is submitted with fikis application:
2 I. Two copies of a survey of the property prepared by a State of Florida Registered
Land Surveyor. _
4 2. Four copies of: the site plan showing (as required) property boundaries, existing
(if any) and proposed structure(s), parking, landscaping, etc; building elevations
and dimensions and computations of lot area (gross and net), building spacing, LUI
ratios, and height envelope.
X 3. Affidavits disclosing ownership of property covered by application and disclosure
of interest form (Forms 4-83 and 4a83, attach to application).
X 4. Certified list of owners of real estate within 375' radius from the outside
boundaries of property covered by this application. ,(Form 6-83 and attach to
application.)
S. At least two photographs that show the entire property (land and improvements).
6. Other (Specify)
7. Fee of $ 900.00 to apply toward the cost of processing, based of the following:
(a) RS, RG-1 $100.00
(b) For penetration of Plane III
by antennas and the like $300.00 '•
(c) All other applications for
each req.)est variance $0.03 per sq.ft. of floor area of building(s)
from the ordinance minimum - $300.00
(d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.00;
to be refunded if there is no appeal. (City Code - Section 62-61)
84-47S
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8. The Variance requested is for relief from the provisions of Section 9 500 of
the City of Miami Zoning Ordinance as follows-.
Variance from Ordinance 9500, as amended, Schedule of District
Regulations, page 5 of b, General Commercial to permit
construction of a 5-story office building (Buena Vista Office
Plaza) on above site, as per plans on file, with a front yard of
0. 0' (10' required); and a side street yard of 0. 0' (5' required),
and subject to a'Class C permit for offsite parking; zoned CG-1/7
(General Commercial).
9. 1n support of this application, the applicant is prepared to offer the following
evidence, on the point enumerated at Subsection 3103.1 of the City of Miami
Zoning Ordinance:
Note: This application cannot be accepted for Zoning Board action unless all: of the
following six items are completed.
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involves, and which are not applicable to other lands,
structures, or buildings in the some zoning district in that: (list evidence to
be produced and use additional sheets, if necessary.)
This site has a Building "ermit fora 1 Story Building issued, an
additional floor under the new ordinance is'requested s-ince
additional parking was secured and anyway the parking already
approved in the original permit is sufficient under the new '
Ordinance. To match the lower floors, the 5th floor needs a
Variance on a very smalll portion on each street to comply.
• The variance on side street is for an area of approx. 30' long
that varies from 0' to S' due to the slanted property 'line. ne
variance on front street of 10' is due to the overhand; at Znd floor
which was allowed Linder the old ordinance and approved in the original
project in which the lower 3 floors are projecting the 10'.
(b) The special conditions and circumstances do not result from the actions of
the petitioner in that: A.
The lot is very irregular shape and very narrow atone end.
84-47
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(c) Literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the some
4... zoning district under the terms of the zoning ordinance and would work
unnecessary and undue hardships on the petitioner in that:
The parking requirements are met and the property basically
complies with all requirements of the new ordinances under
which is being built. o
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(d) Granting the variance requested will not confer on the petitioner any special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the some zoning district in that:
t
• Office buildings with parking on an adjacent propery is allowed
under the ordinance to everyone.
(e) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
Location and land cost in the area require more square feet of.
rentable area in order to make it financially feasible especially
to cover the cost to support the constructiorl of the 89 parking
spaces under the expressway, `
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(f) The grant of the variance will be in harmony with the general intent and
purpose of the Zoning Ordinance, and will _ not be injurious to the _
neighborhood, or otherwise detrimental to the public welfare.
I -
j This is a fact. _Lk
ME
ri
Note: All documents, reports, studies, exhibits or of r wri oJ• gr phic material to be c
submitted to the Zoning Board shaII be submitted wit this appI atio > >
Signature_ '{!%rs_ P --;,_. , : m
i
r or�av hohzec7 jlgZi)t ,.
Name Milton z1Lon Klein +
Address 3200 N. Miami Ave., Miami, F1 33127
V
STATE OF FLORIDA) SS:
COUNTY OF DADE ) _
Milton Klein , being duly sworn, deposes and
says t•iaat hee is the Owner Authorized Agent of Owner) of the real property described in
answer to question ill, above; that he has read the f gor answers and that the same are
= true and complete; and (if acting as agent for o e t t ority to execute this
petition on behalf of the owner.
(SE -AL)
SWORN TO AND SUBS -RIBED '
before m thi E day of
• �" . 198�.
g Notary Pu�•c, Store of to a at La �qe u
MY COMMISSION EXPIRES:
Moan Fubk. S" Of F{o & et Urea
�qy rr�ia%u► FxG�,* M41rch 2. 1986
�,.ra•. tn:.; tAovnw! .Bc-.4100 P;,trn• ,
-Form 1-83
84 47
DISCL SURE OF UNNER.5HIP
1. Legal description and street address of subject real, property:
I
' Tract A, SLK Properties Plat, City of Rtiami, Dade County, Florida
3601 Federal Highway, Miami, Fla. and 215 N. E. 36 Street, Miami, Fla.
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
aving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
SLK Properties, Milton Klein
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located within
375 feet of the subject real property. _ ,r
N /A
I
STATE OF FLORIDA ) SS:
COMM OF DADE i
�.�l is ER?3k
Kleinl e i
Milton Klein I , being duly sworn, deposes and
says that ne is the (Cwner) (�btioxRcr &aocZmex) of the real property
described in answer to question #1, above; at he has read the foregoing
answers and that the same are true and , co ete, and (if acting as attorney
for owner) that he has authority to ecute thi--. Di osure of Ownership
form on behalf of the owner. ' I- \ _ _ J
SVX)FuV 10 AND SUbSCRI
before me Q711S
day of , 19 19�.
t44 bf debt wt Large
wn Exppv . fhfo 2. 1586
z
f
tvctary P,Viic, State of
Florida at Large '
J
(over)
j ..'`
STATE OF FLORIDA ) SS:
CO NTY OF DADE ) i
being duly sworn, deposes and
saes that he is the duly appointed of r
the owner of the real property described in answer to question Ki, a156 e;
that he has re,-Yi the foregoing answers; that the same are true and com�
plete; and that he has the authority to execute this Disclosure of Owner-
:. ship form on behalf bf the owner.
. (sE�w) .
(Name .
SMRrj M AM SUBSCUBED
before me this
day of ,98 •
Notary Public, State of
Florida at Large
Ajy CO,m-VSSION IMPIRES:
84-4'7S
AFFIDAVIT
STATE OF FLORIDA)
SS.
CAI= Y OF DADE )
Before me, the undersigned authority, this day personally
appeared Milton Klein who being by tre first duly sworn,
upon oath, deposes and says:
1. That he is the owner, or the legal representative of the
owner, submitting the accompanying application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Naami., Florida,
effecting the real property located in the City of Miami as described and
listed on the pages attached to this affidavit and made .a part thereof.
2. That all owners which he represents, if any, have given their
full and complete permission for him to act in their behalf for the change
or modification of a classification or regulation of zoning as set out in
the accompanying petition.
3. That the p_-L;es attached hereto and made a part of this
affidavit contain the cw.-rent names, mai_ting addresses, phone numbers anct
legal descriptions for the raiil property which he is the a.aner or legal
representative.
4. The facts -as represented in the application and docu,-rents
submitted in conjunction with this affidavit are true ^fd correct.
Further Affiant sayeth not.
i
,
(Vme Milton Klein
' S'wo., : o r, Subscribed before me
.this, day of
Notary i..lie, State of Fl rides at Large
My Commission Expires:
Notary Pubk, State of FW is at Largo
Ny r:- •-i.*oa tr;iro3 Mardi 2, IrMi
J
•
84-4'7u'
OWNER'S LIST
Owner's Name Milton L. Klein
Mailing Address 3200 N. Eliami Ave., F l . 33127
Telephone Number 305-573-5777
Legal Description:
Tract A, SLK Properties flat, City of Niami, T)ade'County, Fl.ari a
3601. Federal Highway, Miami., Fla. and 215 N. E. 36 Street.
Owner's Nane
Mai l i ng, Ad:!ress
r,Telep1h6n', iJ::mber
'Legal 'D scription:
00
Owner's Name
Mailing Address
Telephone Number
-' Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
' Street Address Legal Description
Street Address Legal Description
Street Address Legal Description
215 NE 36 Street and
3601 2Ior-th Fcderal Highway
Tract A
SLI' SUBDTVTS10t4 ( 122-95 )
Variance from Ordinance 9500, as amended, Schedule of District
Regulations, page 5 of 6, General Commercial to permit
construction of a five story office buildinq (Buena Vista Office
Plaza) on above site, as per plans on file, with a front yard of
0.0' (10' required) and a side street yard 0.0' (5' required),
and subject to a Class C permit for offsite parking; zoned CG--1/7
General Commercial.
Secretary filed proof of publication of Legal Notice of this
Hearing and administered oath to all persons testifying at this
meeting.
PROPONENTS: 2
OPPONENTS: 0
Ms. Fox: Mr. Chairman.
Ms. Basila: That doesn't have any balconies.
Mr. Gort: Thank you. No, I think he learned
with balconage. Mr. Whipple.
Air. Whipple: Mr. Chairman, members of the
Board, Planninq Department recommends denial of this item. This
is an item that was previously before the Zoning Hoard with
respect to a variance regarding offstrect parking under the:
previous '1oninc_) Ordinance i;6871.. At that time, the Department
recommended a}J}:'roval of the variance. for the p,�arkinca as the rest
of the project was designed in accord with the zoni.ng ordinance
at that Ordinance_ 6871. They i-Jere caranted that variance or
the variance was, granted and that was u WhiCh }%llt forth
a four story building and the parking was to be under, is to be
under the express% -,fay per an agreement: ti.fi.th the offstrect parking
authority who is to develop the parking area under_ the expressway
and on that basis, the variance for the parking was granted.
The request before you this evening is pursuant to the
new Zoning Ordinance 9500 that they would like to provide or
would like to gain additional floor area by adding another
...adding another story to the four story building previously
approved and currently permitted. The problem develops, however,
that the rules cha :red between the two Ordinances, 6871 and 9500,
and that the setbacks with regard to the front street and the
side street are not the same under the new ordinance as they were
under the old ordinance.
Now, we might suggest or we might think that "Well, why
can't they just add another floor," and we would like to suggest
to you that "No, that's not the case". We believe the approval
stands that they have a reasonable use of the land under the
current permit and that to suggest a hardship, let's say between
the two ordinances of which none exists in our opinion, that they
be permitted to do an additional floor and on that basis and with
those considerations we feel that the application should be
denied that there is in fact no hardship with respect to their
current request.
Mr. Freixas: Mr. Gort, I have a question for
Mr. Whipple.
Mr. Gort: Thank you, Mr. Ffhipple.
Mr. Freixas: Can I ask him a question just to
clarify something?
Mr. Gort: Go right ahead.
1 March 19, 1984, Item 5
Zoning Board
Mr. Freixas: In other words, this setback it be
beyond the other floor. If they take away the floor, they'd have
no setback requirements.
Mr. Whipple: That's right. They...
Mr. Freixas: All right.
Mr. Whipple: ...They are permitted with the
four floors which we believe is a reasonable use of the property
and the fifth floor is just an add on...
Mr. Freixas: But that's what create...
Mr. Whipple: ...and a special privilege if you
will.
Mr. Freixas: ...that's what creates the
setback ... the fifth floor?
Mr. Whipple: They could set back the fifth
floor if they wanted to and not have to be before this Board
tonight.
Mr. Freixas:
Mr. Chairman.
Mr. Gort:
Mr. Campbell:
application.
M . Gott:
All right. Thank you,
Mr. Campbell.
We have no comment on the
Okay. Yes, sir.
Mr. Crawford: Mr. Chairman, Board members, I'm
Sherman Crawford, 2801 Ponce De Leon Avenue. As Mr. Whipple
pointed out, we can build a four story building with the current
permit. We actually have a permit now. rIe have contracted with
the City of Miami for offstreet parking and compliance with the
building permit. The fact we have exceeded that requirement,
this Board recommended and the City approved that we obtain 44
parking spaces adjacent to it. Well we have obtained 89 parking
spaces and we have a contract in on a long term lease with the
City for more than double the parking requirement there.
Now we're here tonight to ask for not the permission to
put a fifth floor because the new ordinance which we're all bound
by, of course, authorizes us to put the fifth floor but to put
the fifth floor up, we can not do it symetrically with the
building. It's really quite that simple. If you look at the
plans that Mr. Isaac Sklar --and I'll have him explain it in a
little bit more detail briefly --has constructed, the larger
picture on your right is what the building would look like with
the fifth floor with the variance we've requested allowed. Now
we can build exactly that building if we take the very top floor
and recess it 10 ft. and build a roof patio or something, okay,
which may be aesthetically attractive, it may not. I'll leave
that to Mr. Sklar, lie likes balconies anyways as you all are well
aware but unfortunately the property owner seems to feel that it
would look better as he designed it here. Okay, on the northwest
corner which I will walk over briefly and point out to you (Pause
while he walked over to point out building.) The corner building
that I pointed out to you, because the lot in question is closer
to a triangle than a rectangle, we would have to cut off
approximately 2 ft. of building in order to comply with the new
code on the fifth floor and we're asking for the variance so we
could in fact have the building be basically as it is presented
there rather than have the fifth floor lopped off some 2 ft.
which to us basically...obviously, we get more space utilization,
okay.
Here I'll turn the mike over to Mi. Isaac Sklar and I
think he can point it out better on the blue print.
2 March 19, 1984, Item 5
Zoning Board
Lftyou:ml
Mr. Sklar: Good evening, my name is Isaac
Sklar, architect, 1335 Lincoln Road, Miami Beach. While we are
talking tonight: about a feu feet only and I can explain by this
print. Since this property is wider at one end and narrows down
in a slant to the north, this setback line is the one that we are
required by the new ordinance to meet. The existing building
that was approved under: the old ordinance would encroach this
triangular_ shape at that point. If we setback the fifth floor to
this point and we leave an open terrace at that end, we wouldn't
have to be here tonight for that variance.
On the south end, our four floors are projected to this
point here under the old ordinance and if we setback the line to
this point, we wouldn't have to be here tonight for this little
area here. Aesthetically we feel that to match the five floors
in one line like we show in the rendering, will be much nicer and
it will give us a uniform unity to the building and all the
floors will be symetrical.
We feel that we are not asking for so much that we
shouldn't be granted this variance. The reason, also, that we
had to add a fifth floor is when we came previously we had only
the requirement to get 44 parking spaces. We agreed with two
adjacent owners to share the 89 parking spaces that the parking
authority had provided under the expressway. We met the three
together with the parking authority and we all agreed to share
these 89 parking spaces. Forty-four to us, eleven or thirteen to
the building that is north of the expressway, northeast of the
expressway and another forty parking spaces or forty-two parking
spaces to the gentleman that is northwest of the expressway.
When the time of signing came, these two neighbors backed out
from the deal and Mr. Klein had no choice, has to sign for 89
parking spaces even though lie only needed 44. At an additional
expense of 55 parking spaces because the parking authority
wouldn't- build only 44, they wanted to build the entire parking
lot so t;e (3ot caught i.n a situation that 89 par);ing spaces had to
be paid for even though �.re only had to use 44. This is why the
owner decided niter signing for B9 parking spaces to request the
fifth floor addition. Thank. you.
Mr. Gort: Let me ask you a question. How
long is that lease for?
Mr. Sklar: That lease for is...(Turned away
from the mike and asked how many years) Thirty -forty years?
...Thirty years.
Mr. Gort: Thirty years.
One of the Gentlemen in the audience: With a renewal
option.
Mr. Moran-Ribeaux: If we're there.
Mr. Gort: Thank you. Is there anything else
from the applicant? Okay, do we have anyone in opposition? Yes,
Mr. Whipple.
Mr. Whipple: So that there's no misunder-
standing, they aren't providing 44 spaces on site; they're
providing 15 onsite. Their previous request was 15 onsite and 44
offsite so that there's no misunderstanding as to that parking.
Mr. Gort: Right. 'Thank you, Mr. Whipple.
Any other questions? Statement?
Mr. Moran-Ribeaux: Willie, I really have no problem
with it. The footprint is exactly the same. The building is
just, you know, a few feet taller and you know, it looks better
the way it is. I really...you know, I can live with that so I
will make a notion to pass it.
Mr. Preixas: I'm going to second that. I'm
glad you can live with that.
Mr. Moran-Ribeaux: For a change.
3 March 19, 1984, Item 5
Zoning Board
4-47
In
Mr. Gort: Okay, there's a motion by
Mr. Moran to approve and there's a Second by mi., Freixas. Any
discussion on the motion? Being none, call_ the question.
Ms. Fox: Motion to grant variances
requested in item number 5.
AYES: Messrs. Moran-bRibeaux, Sands, Freixas and
Romero
(During vote)
Mr. Moran-Ribeaux: Excuse me, Gloria. Are we under
the old code or the new code?
Ms. Fox: I'm sorry, you're absolutely
right. I do need the motion properly stated.
Mr. Moran-Ribeaux: Okay, I move that the request on
agenda item number --where is it?
Ms. Fox: Five.
Mr. Moran-Ribeaux: Five be granted for a period of
twelve months in which application for a building permit must be
made or construction commenced. The requirements of Section
3103.1 were satisfied be relevant evidence in the record of the
public hearing as demonstrated by the petitioner.
Ms. Fox: Umm, okay, that motion means to
give them twelve months to obtain a building p.2rmit?
Mr. Moran•-Ribeaux : Right.
Ms. Fox: Okay, all right:., thank you. Okay,
and so that's the motion by Mr. Moran and Mr. Freixas are you
still seconding that motion?
(Mr. Freixas had temporarily left the room.)
Mr. Sands: I'll second it.
Ms. Fox: Who did?
Mr. Gort: Mr. Sands seconds it.
Ms. Fox: Oh! Okay, thank you. Okay, thank
you.
AYES: Ms. Basila
Messrs. Moran-Ribeaux, Channing, Sands, Romero
(During vote)
Ms. Fox: Mr. Freixas is still gone? Then
in the absence of Mr. Freixas should I ask Mr. DeYurre?
Mr. Gort: Bill, are you there?
Mr. Freixas: (Answered Mr. Gort while walking
down the hall toward the chambers. Inaudi.ble.)
Mr. Gort-: We're voting on the motion.
Mr. Freixas: (Still walking down the hall.)
The one I second.
Mr. Gort: Yes, sir.
Mr. Moran-Ribeaux: No, it's not really...
4 March 19, 1984, Item 5
Zoning Board
Mr. Gort: It's just that they had to comply
with the new ordinance. The way it was made ... it was restated
again and it was seconded by George Sands.
Ms. Fox: Okay, so you're in favor.
Mr. Freixas: Yes.
Ms. Fox: Okay, yes. (Secretary finished
calling roll.
AYES: Messrs. Freixas and Gort
(Mr. Gort commented before placing his vote)
Mr. Gort: Let me tell you how I feel about
this. If this would have been any other place I would have
probably been against it because...
Mr. Moran-Ribeaux: Right.
Mr. Gort: ..this is the one...the one. -..the
one statement they are learned here. This is the icing on the
cake and you want them both an all that but being...one thing
that I've always stated here, I'm never afraid to start a
precedent or —because we look at each case as individual. You
look at this property here and I think the investment that's
being made on this property is worth it. Then for that reason
I'll vote "yes".
NAYES: None.
ABSENT: None.
Ms. Fox: Motion carries unanimously.
RESOLUTION ZB 25-84
AFTER CONSIDERING THE CITY'S FINDINGS AND
RECOMMENDATIONS AND THE PROPOSALS OF THE
APPLICANT, THE ZONING BOARD ADOPTED
RESOLUTION ZB 25-84 GRANTING THE VARIANCE
FROM ORDINANCE 9500, AS AMENDED, SCHEDULE OF
DISTRICT REGULATIONS, PAGE 5 OF 6, GENERAL
COMMERCIAL TO PERMIT CONSTRUCTION OF A 5-
STORY OFFICE BUILDING (BUENA VISTA OFFICE
PLAZA) AT 215 NE 36 STREET AND 3601 NORTH
FEDERAL HIGHWAY, ALSO DESCRIBED AS TRACT A,
SLK SUBDIVISION (122-95), AS PER PLANS ON
FILE, WITH A FRONT YARD OF 0.0' (10'
REQUIRED); AND A SIDE STREET YARD OF 0.0' (5'
REQUIRED), AND SUBJECT TO A CLASS C PERMIT
FOR OFFSITE PARKING; ZONED CG-1/7 GENERAL
COMMERCIAL. THIS VARIANCE HAS A TIME
LIMITATION OF TWELVE (12) MONTHS IN WIiICH A
BUILDING PERMIT MUST BE OBTAINED.
March 19, 1984, Item 5
Zoning Board
wI +
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y
TO Sergio Rodriguez DATE April 12, 1984 _ FILE
"or
Pimen SUBJECT APPEAL BY PLANNING DEPT
215 NE 36 Street and
3601 North Federal Hwy
FROM� L nes REFERENCES
✓i�
Planning and Zoning Boards ENCLOSURES
Administration Department
On April 26, 1984, the City Commission will consider the appeal of the
Variance granted by the Zoning Board on March 19, 1984 by Resolution
ZB 25-84.
215 14E 36 Street Find
3601 North Federal Highway
Tract A
SLY. SUBDIVISION (122-95)
Variance from Ordinance 9500, as amended, Schedule of District Regulations,
page 5 of 6, General Commercial to permit construction of a 5-story office
building (Buena Vista Office Plaza) with a front yard of 0.0' (10'
required), a side street yard of 0.0' (5' required), and subject to a Class
C permit for offsite parking.
Please be advised that both the appellant and petitioner are required to
attend this meeting.
AEPL:111
cc: SLK Properties
c/o Milton Klein
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r
1 ' HOWARD V. GARY
City 113naver
April 12, 1984
CERTIFIED MAIL
SLK Properties
Milton Klein
3200 North Miami Ave
Miami, FL 33127
RE: APPEAL BY PLANNING DEPT
215 NE 36 Street and
3601 North Federal Hwy
Dear Mr. Klein:
On April 26, 1984, the City Commission will consider the appeal of the Variance
granted by the Zoning Board on March 19, 1984 by Resolution ZB 25-84.
215 NE 36 Street and
3601 North Federal Highway
Tract A
SLK SUBDIVISION (122-95)
Variance from Ordinance 9500, as amended, Schedule of District Regulations,
page 5 of 6, General Commercial to permit construction of a 5-story office
building (Buena Vista Office Plaza) with a front yard of 0.0' (10' required), a
side street yard of 0.0' (5' required), and subject to a Class C permit for
offsite parking.
Please be advised that both the appellant and petitioner are required to attend
this meeting.
Sre l y,
Planning Department
84-479
PLANNING S ZONING BOARDS AD►+1IN'ISTR ATION DIPARTmENT /:7S N W. 2nJ Street Miami, t' 331?6• ('Y.'
,.