97-048 RESOLUTION NO. 97-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING A USE VARIANCE
FOR PROPERTY LOCATED AT 2890 NE 187 STREET TO
PERMIT AN OUTSIDE CAR WASH IN A PARKING LOT;
GRANTING A NON-USE VARIANCE TO WAIVE
EIGHTEEN FEET (18') OF THE MINIMUM REQUIRED
TWENTY FOOT SETBACK BETWEEN BUILDINGS
WHERE A PROVISION OF TWO FOOT (2') SETBACK
BETWEEN BUILDINGS IS PROPOSED; GRANTING A
NON-USE VARIANCE TO WAIVE THIRTY-FIVE (35) OF
THE MINIMUM REQUIRED SIXTY-EIGHT PARKING
SPACES WHERE A PROVISION OF THIRTY-THREE
PARKING SPACES IS PROPOSED; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned IU-1, Industrial, Light
Manufacturing District; and
WHEREAS, the Applicant, Aventura's Finest Hand Car Wash, Inc., a Florida
Corporation, ("Finest") is requesting a Use Variance to permit an outside car wash in a
parking lot on that certain property located at 2890 NE 187 Street, as legally described
on Exhibit "A" attached hereto; and
WHEREAS, the Applicant, Big-E Marine Properties, Inc., a Florida Corporation,
("Big-E") is requesting a Non-Use Variance to waive eighteen feet (18') of the minimum
required twenty foot setback between buildings where a provision of a two foot (2')
setback between buildings is proposed; and
WHEREAS, the Applicant, Big-E Marine Properties, Inc., a Florida Corporation,
is requesting a Non-Use Variance to waive thirty-five (35) of the minimum required
sixty-eight parking spaces where a provision of thirty-three parking spaces is proposed;
and
WHEREAS, the City Council has held a public hearing as provided by law and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, subject to the conditions imposed in Section 4 below,
to the extent the Application is granted herein.
Resolution No. 97-48
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-VAR-97 for a Use Variance to permit an outside
car wash in a parking lot on property legally described on Exhibit "A" attached hereto
and made a part hereof, a/k/a 2890 NE 187 Street, is hereby granted, subject to the
conditions provided in Section 4 below.
Section 2. Application No. 01-VAR-97 for a Non-Use Variance to waive
eighteen feet (18') of the minimum required twenty foot setback between buildings
where a provision of two foot (2') setback between buildings is proposed is hereby
granted, subject to the conditions provided in Section 4 below.
Section 3. Application No. 01-VAR-97 for a Non-Use Variance to waive thirty-
five (35) of the minimum required sixty-eight parking spaces where a provision of thirty-
three parking spaces is proposed is hereby granted, subject to the conditions provided
in Section 4 below.
Section 4. Conditions: The approvals provided by Section 1, 2 and 3 above
are subject to each of the following conditions:
a. This variance shall expire when the property to the immediate east is no
longer utilized as a marina or changes from marina use;
b. Applicant Finest, the owner of the subject car wash business shall obtain
a valid written lease, for a five (5) year term, from Applicant Big-E, the
owner of the marina, which lease shall be delivered to and filed with the
City within 30 days from the date of this Resolution;
c. The variance approval is personal to the Applicant Finest and shall expire
upon termination or expiration of the lease described above or upon
abandonment of the car wash business or sale or transfer of the car wash
business or the sale or transfer of the Finest corporation, or the assets of
such Applicant Finest from Finest or by the principal of such Applicant,
Guillermo Freile.
Resolution No. 97-48
Page 3
d. Landscaping shall be installed by Applicants within 90 days of date of this
Resolution;
e. Department of Environmental Resources Management (DERM) required
improvements shall be completed by Applicants within 180 days of the
date of this Resolution;
f. Maximum duration of variances shall be for a total of five (5) years and 30
days from date of this Resolution.
Each of these conditions were agreed to by Applicants at the public hearing on August
5, 1997.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Beskin, who moved its
adoption. The motion was seconded by Councilmember Holzberg, and upon being put
to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder absent
TERESA M. SMITH, CMC
CITY CLERK
CITY ATTORNEY
Resolution No. 97-48
Page 4
This Resolution was filed in the Office of the City Clerk this,~' ~'~"/day o z~r-~__.,~1997.~
CITY CLERK
C~,-~ce at tha Northeast corner of t2~ NW 1/4 of the SE 1/4 of the SW 1/4 of
Fractiomal Section 3, T(m~ship 52 South, Range 42 East, Dade County,
Florida; thence zLn North 0,39'25" West for a distance of 180.25 feet to
a point; thence rrm North 89~20'35'' East for a distance of 70 feet to a
point .on tha East right-of-way Line of N.E. 29th Avenue; thence ru~
South 0,39'25" East al0~g the East right-of-way line of N.E. 29th
Avenue for a distance of 49.74 feet to the point of beginning of the
£ollowing .,4~scrlbed ~amoel and the Point. of curvature of a curve conca~
to ~he I~u~est: thence c~t/nue alo~g said curve, having for its elements
a radius of 198.90 feet, a c~ntral a~gle of 90'42'40", for an arc distance
of 314.90 feet co the point of t~ency on the South right-of-way line of
N.E. l~?th Street; ~/%e~ce ru~ North 89"56'45" West a/onE said South right-
of-way l~e for a dis~az%ce of 142.58 feet Co a point; thence r%a~ South
0"02'30" Wese for a distance of 188.64 feet ee a point of curvature of a
cur~s c~cave to the Northe~t; theece r~m a~ the arc of said curve,
bay/rig for its elements a radius of 30 feet, a central angle of 45"04'53"
for a distm~ce of 23.60 feet to a point of reverse c4rve; thence nm along
the arc 6f a curve cc~ca~ to the South~eet, having for its e~-m~m.ts a
radius of 100 feet, a central angle of 21"29'05" for a distance of 37.50
~f_ee= ~ a point o~. said cuz%~, said point bearing North 66~26'42'' East
rn~ rme center oz said curve; thence mm South 8F$8'15" East for a
distance of 29?.03 feet to a point~ thence rt~ North 0'39'25" ~%st,
216.10 feet to a point; t. hence r~l North 88"51'54" East for a distance of 20
feet to a point;~ nm North 0"39'25" West for a distance of 225.41
feet to the point of beginn/ng, contm/ning 86,815.9 square feet, more or
less or 1.99 acres, more or less.
Togettmr with the interest of grantors in that certain canal easeu~nt more
specifically set out in eas~t agreea~kt e-wacuted by R. B. Gautier, Jr.,
individually a~d es Tzustse, Joined by his wife, Frances gautier, and
Atlas Term/hals of Florida, Inc. to North Dad~ A~res, Inc., dated J%~ 4,
1962, in O. R. Book 3185, page 743 of the Public Racords of Dada Co~ty,
Florida.
Subject, however, to the terms and conditions of that certain
Covenant Running With The Land In Favor Of Metropolitan Dade
Countyrec~dedat Official Records Book 13284, Page 512, of the
Public Records of Dade Courty, F!urida.