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HomeMy Public PortalAbout20-9828 Approving Variance for a Vehicle Carrier Facility 2395 Ali-baba AveSponsored by: City Manager RESOLUTION NO. 20-9828 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A VARIANCE REQUEST FOR THE CONSTRUCTION AND OPERATION OF A VEHICLE CARRIER FACILITY ON THE PROPERTY LOCATED AT 2395 ALI-BABA AVENUE IDENTIFIED BY FOLIO 08-2122-002-0580, IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Velocity Car Carriers Corp. ("Applicant") intends to operate a Vehicle Carrier Facility on the Property, which is a car transportation business that requires the use and storage of truck on the Property. The Applicant intends to develop the Property with a surface parking area for up to seven (7) trucks and a small office of approximately four hundred and twenty square feet (420'2).; and WHEREAS, according to the City of Opa-locka's official Zoning Map, the Property is designated I-2 (Industrial Planned) which allows for an industrial use; and WHEREAS, as indicated on the accompanying plans, the proposed plan meets certain applicable zoning criteria except for lot size where the Property falls short of the minimum 20,000 square foot requirement. The Property abuts NW 24th Avenue, which is a dead-end street that runs along the entire length of the Property. The plan includes a five foot (5') wide landscape buffer with a hedge and shade trees that will run north to south along the property's east boundary abutting NW 24th Avenue. This buffer will improve the visual appearance of the corner and will shield the parked vehicles from view from the adjacent rights -of- way; and WHEREAS, the Plans also incorporate traditional Moorish architecture to complement the surrounding community and general design goals of the City. WHEREAS, the applicant appeared and has presented their formal application request, all evidence, documents, and marked exhibits before the Planning & Zoning Board on September 8, 2020 pursuant to the City Code of Ordinance and the City Zoning Regulations; and WHEREAS, the Planning & Zoning Board after reviewing the presentation and having additional discussion motioned and seconded this request for variance approval at the September 8, 2020 meeting by a 5 to 0 vote, and Resolution No. 20-9828 WHEREAS, the City Commission hereby approves the Variance request, attached hereto as Composite Exhibit "A" hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated into this Resolution by reference. SECTION 2. Approval/Denial. Approval/Denial of Variance Request. The City Commission of the City of Opa- Locka hereby approves / denies a Variance Request for Construction and Operation of a Vehicle Carrier Facility on the property located at 2395 Ali -Baba Avenue identified by folio 08-2122-002-0580 in the I-2 Zoning District. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE. This Resolution shall, upon adoption, become effective as specified by the City of Opa-Locka Code of Ordinances and the City of Opa-Locka Charter. PASSED AND ADOPTED this 9th day of December, 2020. Matthew A. Pigatt, Mayor ATTEST: Vf3).i`�. a Flores, City Clerk 2 Resolution No. 20-9828 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette N City Attorney Moved by: Commissioner Burke Seconded by: Commissioner Davis VOTE: 5-0 Commissioner Burke YES Commissioner Davis YES Commissioner Taylor YES Vice -Mayor Williams YES Mayor Pigatt YES 3 City of Opa-locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: :� ^ -� Finance Director: FD Signature: Department ; City Manager: John E. Pate CM Signature: Commission Meeting Date: 12-9-20 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1St Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Account# : (Enter Fund & Dept) Ex: PTP Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bi#: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Public Safety Quality of Education Qual. of Life & Communcation Area: • Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Dev • • City Image • i■ Sponsor Name City Manager Department: Planning & Community Development City Manager Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING A VARIANCE REQUEST APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A VEHICLE CARRIER FACILITY ON THE PROPERTY LOCATED AT 2395 ALI-BABA AVENUE IDENTIFIED BY FOLIO 08-2122-002-0580, IN THE 1-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The Applicant intends to operate a Vehicle Carrier Facility on the Property, which is a car transportation business that requires the use and storage of trucks on the Property. The Applicant intends to develop the Property with a surface parking area for up to seven (7) trucks and a small office of approximately four hundred and twenty square feet (420 ft2). BACKGROUND PCD Staff was visited by the Applicant concerning the process to be able to operate on this property at 2395 Ali Baba Avenue. In the meeting we explained they could request the vacation of the ROW and add this property to their property at 2395 Ali Baba Avenue to meet the minimum lot size requirement. The other option discussed was to request a variance as the property is only 15,929 square feet instead of the required 20,000 square feet for an 1-2 zoning district property. Both requests would require presentation before the City Commission. They would also need site plan approval and a development agreement. The first step in that process was to submit a site plan. After the meeting Staff provided by email the Planning & Zoning Board Application, Land Development Regulations: especially Article III -"Application Review & Application Requirements", and a Draft of the Development Agreement. Staff provided the Applicant with the process to formally request a vacation and of the process to request site plan approval for their business to operate from this location and and approval of a Development Agreement. Financial Impact — The Applicant will pay $70,000 to the City for the vacated property and the plat approval. The project is a parking area and a small office and will not result in a significant increase to the City's tax base. Proposed Action: Staff has recommended approval of this legislation upon the DA stating the phasing of the site to conform to the required 20,000 sq ft. mimimum as required by code. Attachment: Variance Staff Report 2395 Ali baba (VR) Resolution 9-8-20 Variance LOI Memo Review Process for 2395 Ali Baba Ave 9-15-20 PLANNING & ZONING ADVISORY BOARD September 8th 2020 Vehicle Carrier Facility - VELOCITY CAR CARRIERS LLC: Variance Request APPLICANT'S REQUEST: A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING A VARIANCE REQUEST APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A VEHICLE CARRIER FACILITY ON THE PROPERTY LOCATED AT 2395 ALI-BABA AVENUE IDENTIFIED BY FOLIO 08-2122-002-0580, IN THE 1-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Staff Report 30 Site Background • According to Miami -Dade County Property Appraiser's website, the subject Property's legal description is as follow: 22 52 41 OPA LOCKA CENTER PB 45-71 LOTS 1 & 2 BLK 313 LOT SIZE 15929 SQUARE FEET OR 14741-2270 1090 1 • The subject property is currently own by VELOCITY CAR CARRIERS LLC. according to the Miami -Dade County Property appraiser's website. The subject Property is currently an open lot parcel (Folio #08-2122-002- 0580), zoning for this parcel is I-2. • The site is located at 2395 Ali -Baba Avenue. The site is only accessible via Ali Baba Avenue. Currently the site is zoned as 1-2 which allow for the operation of a Truck Parking Facility. Section 22-81 of the Code specifically includes, "tractor Trailer Truck and/or Major Vehicle (10,000 lbs. or greater)" with a built structure. . The applicant is proposing to pursue a Variance in order to accommodate the request (see Existing Condition Section). WEST ALI-BABA AVENUE EAST Figure 1: Google Street View, dated: 31 Page 32 11. Project Details • Applicant's intent The Applicant intends to operate a Vehicle Carrier Facility on the Property, which is a car transportation business that requires the use and storage of truck on the Property. The Applicant intends to develop the Property with a surface parking area for up to seven (7) trucks and a small office of approximately four hundred and twenty square feet (420'2). The proposed plan meets certain applicable zoning criteria except for lot size where the Property falls short of the minimum 20,000 square foot requirement. The Property abuts NW 24th Avenue, which is a dead-end street that runs along the entire length of the Property. The plan includes a five foot (5') wide landscape buffer with a hedge and shade trees that will run north to south along the property's east boundary abutting NW 24th Avenue. This buffer will improve the visual appearance of the corner and will shield the parked vehicles from view from the adjacent rights -of- way. Applicant Folio Number (s) Address Location Building (s) Footprint Floor Area Zoning Zoning Code Consistency Existing Land Use Future Land Use Designation Comprehensive Plan Consistency Applicable LDR Sections SET BACKS/ YARD Front (South) Rear (North) Side (East) Side (West) Corner Lots/ Other Lot Coverage Lot Density Lot Size VELOCITY CAR CARRIERS LLC Opa-locka: 08-2122-002-0580 2395 Ali -Baba Avenue Total Site Area —14,560 SF New Building — 420 SF Total 14,560 SF 1-2 — Industrial Planned The proposed use for a Vehicle Carrier Facility is consistent with the 1-2 Zoning Code. Truck Parking Facility / 1-2 N/A The proposed use for a Vehicle Carrier Facility is consistent with the Comprehensive Plan with the requested property being 1-2, however the lot size is at the required minimum square footage. Applicant will be seeking a variance for the property. Ordinance no. 15-31, Article 111 Sec; 22-55; Article V Sec. 22-58, 22-81, Ord. no. 14-16 REQUIRED 15 Feet PROPOSED 15 Feet COMPLIANCE YES 25 Feet 15 Feet 15 Feet N/A N/A N/A 101-6" Feet 50-4" Feet 29 Feet N/A 0.34% N/A 20,000 SF (0.46 Acres) 14,656 SF (0.34 Acres) YES YES YES N/A YES N/A NO City of Opa-locka I Planni g and Community Development Department Page 33 Lot Width Building Height Structure Length Other Vehicular Use Area Landscaping Landscape/ Pervious Lot Coverage Local Government Action Required N/A 3 Stories or 45 Feet whichever Tess N/A 10,992.4 SF NIA Office Building: 1 story/ 12' feet NIA 4,832.28 sq. ft. NIA YES N/A YES Office buildings: pursuant to the Land development Regulation Ordinance 86-8: Article 4, section 22-95. one (1) Parking per 2500 square feet of floor area plus 1 per 400 square feet of office (minimum 3 spaces). -7 spaces required * Off. Bldg. = 3 spaces Required Office Bldg. 420 SF Parking Lot: 14,656 SF Total Space Provided: 8 Total Spaces 5 Truck Spaces 3 Regular Spaces YES 20% minimum required pervious 0% provided NO This request will be properly noticed pursuant to state law and city charter by the city clerk's office. - A copy of notice for advertisement titles were given to the Clerk's Office on Monday, February 24th, 2020. To be advertise at least 10 days prior to this Planning and Zoning Board meeting on Tuesday, September 8th, 2020. - City Commission Meeting: TBD The City Commission must review this site plan and consider approval/disapproval after it is reviewed by the Planning and Zoning Board and any other applicable board or agency. City of Opa-locka 1 Planning and Community Development Department Page 34 I I I . Overall Analysis Existing Conditions: • The Subject Property is generally surrounded by industrial properties to the north, west and east with ingress and egress to Ali Baba Avenue. • Sidewalk alongside the south of the Property Surrounding Land Use and Zoning: Table 2 Loca North South East West Industrial Industrial ROW Industrial Industrial 1-2 (Industrial Planned) ROW (Ali -Baba Ave) N/A Industrial 1-2 (Industrial Planned) Industrial 1-2 (Industrial Planned) City of Opa-locka 1 Planning and Community Development Department Page 35 Surrounding Zoning Designation Map The Site is Highlighted in image • General Character / Neighborhood Compatibility: The proposed development use will be in Harmony with the general character of the surrounding neighborhood considering population density, design, scale, and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions? - Findings: • The propose development use 'Velocity Car Carriers" is in harmony with the general characteristic of the surrounding neighborhood: Industrial Uses COMPLIES • Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE NO.10-03 Findings: ■ The Applicant is proposing to include landscaping at .47ac. (Please see attached Landscape Plan for Trees detailed information). COMPLIES • Fence: All fences constructed on property perimeters shall be of a solid masonry construction or a decorative masonry block to prevent the view of any stored article. Fences shall be constructed in a way so as not to obstruct or impair the view of any vehicle driver's ability to see other vehicles or pedestrians within two hundred (200) feet of any intersection within the district. Findings: ■ The Applicant is required to have fencing as the property is in an industrial district pursuant to the City Land development Regulation/Zoning Code 15-31, I-2 Industrial Planned District (Section 22-95). • Future Land Use: Industrial (Communications, water and sewer facilities, electrical as needed). - Findings: • According to the City of Opa-locka Comprehensive Plan; the proposed project shall be located within the City's Industrial land use designation category location. COMPLIES City of Opa-locka I Planning and Community Development Department Page 36 • 1-2 (Industrial Planned) Permitted Uses: Project Specific: Truck Parking Facility Findings: ■ According to the City's Land Development Regulation/ Zoning Code I-2 (Industrial Planned) allows for a Truck Parking facility which is permitted within an I-2. COMPLIES • Community Comments/Petitions: The Applicant verbally informed the Planning and Community development Department that petitions were submitted to the surrounding businesses for signatures, comments or possible opposition. - Findings: The Planning and community Development Department has not yet received any signed petitions submitted to the Neighboring Businesses as indicated by the Applicant. IV. Project Need Assessment 1 other Required Approvals 1. Site Plan • Application submitted for Planning Council Meeting (this meeting) Tuesday, September 8 2020. 2. Development Agreement • Application submitted for Planning Council Meeting (this meeting) Tuesday, September 8th 2020. V Development Review Committee (DRC): Meeting Review Comments 1. Capital Improvement Project (CIP): • No issues reported for the proposed Site Plan 2. Building: • N/A 3. Police: • N/A 4. Community Redevelopment Agency (CRA): • N/A 5. City Manager's Office (CMO): • N/A 6. Code Enforcement: • N/A 7. City Attorney's Office: • Development Agreement under review 8. Public works: • N/A s. Inter -jurisdictional Review: • N/A VI. Staff Recommendation: City of Opa-locka 1 Plannung and Community Development Department Page 37 VII. - Staff recommend approval of this Site Plan pending the following other approvals: • A Development Agreement must be submitted along with this Vehicle Carrier Facility Site Plan pursuant to the city Land Development Regulation/ Zoning Code Ordinance no. 15-31: Article V Section 22-112 and F.S. Section 163.3220-163.3243; • All signage shall comply with the City's Sign Code Ordinance no. 15-31 Article X; • All landscaping and parking areas must be provided and maintained as shown in the Vehicle Car Carrier Site Plan; • Trees to be planted 25' avg. oc.; • Adequate landscape buffer around parking area; • Compliance with resolution 5058, fare share agreement; • Extend employment opportunity to City residents through the City's Human Resource dept. and the Opa-locka workforce; • Maintain 100% the use, function, or any recommendation the Planning and Zoning Board deem necessary to this Vehicle Car Carrier site plan and or not limited to the provision of satisfying all other city's land development code pertaining to the site, landscape and structures; • All trash & garbage containers shall comply with the City dumpster enclosure requirements; • The Development Agreement (D.A.) shall specifically address the daily operation, business, behaviors and any other requirements set forth by the City's Land Development Code, Planning and Zoning Board and the City Commissioner for this proposed Vehicle Car Carrier site plan; • Address all Miami -Dade County's input/recommendations as appropriate Attachments: • Site Plan • Development Agreement • Variance Application Planning and Community Development Department Project Planner Name and Title Corion J. DeLaine, City Planner Zoning Gerald J. Lee, Zoning Official Approved by Gregory D. Gay, Director Planning and Community Development 1111. Staff Report Updated After the Planning and Zoning Board Meeting on September 8th 2020. Reflected Actions: I. Planning and Zoning Board Decision: (PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS) Resolution No. 2020-0908-01, 2020-0908-02, 2020-0908-03 RESOLUTION OF THE PLANNING AND ZONING BOARD, OF THE CITY OF OPA-LOCKA, RELATING TO THE APPLICATION OF: Vehicle Carrier Facility FOR: VARIANCE REQUEST APPROVAL REQUEST TO CONSTRUCT AND OPERATE THE FOLLOWING: A 14,656 SQ. FT. VEHICLE CARRIER FACILITY WITH 8 PARKING SPACES. City of Opa-locka I Plamung and Community Development Department Page 38 WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa- locka. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1) That the request in the application by the applicant be and the same is hereby a. APPROVED b. DENIED DATE: 09-08-2020 c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on / _ / 2) That the following special condition be and they are hereby imposed, conditioning the determination aforementioned: a. b. *** The Planning and Zoning Board Approval of this request was approved by a - vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this day of Chairperson or Designee The Following changes/recommendations are updates based on the Planning and Zoning Board Meeting discussions in regards to the proposed Vehicle Carrier Facility. City of Opa-locka 1 Planning and Community Development Department 39 BERCOW RADELL FERNANDEZ LARKIN &TAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-345-9399 E -Mail: BFernandez@BRZoningLaw.com VIA ELECTRONIC SUBMISSION September 28, 2020 Mr. Gregory Gay City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 Re: 2395 Ali Baba Avenue - Street Closure Application Dear Mr. Gay: This law firm represents Velocity Car Carriers Corp., in relation to the proposed street closure of NW 24th Court. This letter shall serve as the Applicant's letter of intent is support of the closure. The applicant's request for street closure meets the requirements of Ordinance Number 14-02 of the City of Opa-Locka as follows: The Applicant is the owner of the property that abuts the street to be vacated. The owner has filed an application for site plan approval that describes the Applicant's intent to utilize the property abutting the street (See the letter of intent attached as Exhibit A) for their proposed car carrier business. In addition, the street that the applicant is requesting be vacated is currently not in use and was never developed as a public street. In addition, the general public does not use the street nor have public service vehicles such as trash, garbage trucks, police vehicles, fire rescue vehicles ever used the street. In support of the street closure request, the applicant also hereby waives, renounces, relinquishes, absolves and discharges the City of Opa-Locka from any claim for damages of any nature and kind that the Applicant may have or claim or demand, now or in the future, by reason of the vacating, closing, discontinuing and abandoning of the public street. The applicant will also provide releases from all affected utility companies in relation to the street closure as a condition of the street closure and prior to the final plat approval required by the street closure. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Mr. Gregory Gay City of Opa-Locka September 28, 2020 Page 2 For all of the foregoing reasons we hereby request that the Planning and Zoning Board recognize that the Applicant has addressed the requisite criteria and we request the approval of the street closure from the City Commission. Sincerely, Ben Fernandez BF\ bl Enclosures BERCOW RADELL FERNANDEZ LARKIN &TAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW EXHIBIT A BERCOW RADELL FERNANDEZ LARKIN &TAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6235 E -Mail: BFernandez(p�BRZoningLaw.com VIA ELECTRONIC MAIL July 2, 2020 Mr. Gregory Gay City of Opa Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 Re: 2395 Ali Baba Avenue - Variance for Lot Size Dear Mr. Gay: This law firm represents Velocity Car Carriers Corp., the owner and applicant (the "Applicant") in relation to the referenced property, more specifically described by the Miami -Dade Property Appraiser's Office as Folio No. 08-2122-002-0580 (the "Property"). This letter shall serve as the Applicant's letter of intent in support of a request, pursuant to Opa-Locka City Code Section 22-58, for a variance to allow the Property to be developed with a lot size of under 20,000 square feet to accommodate a new truck parking facility. Property. The property is located in an industrial area at the northeast intersection of Ali Baba Avenue and NW 24th Court and is approximately 14,560 square feet in size. The Property is presently un-developed. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Gregory Gay July 2, 2020 Page 2 Aerial Proposed Use. The Applicant intends to operate Velocity Car Carriers on the Property, which is a car transportation business that requires the use and storage of truck on the Property. The Applicant intends to develop the Property with a surface parking area for up to seven (7) trucks and a small office of approximately four hundred and twenty square feet (420'2). The proposed plan meets all of the applicable zoning criteria, as discussed further below, except for lot size where the Property falls short of the minimum 20,000 square foot requirement. The plan includes a five foot (5') wide landscape buffer with a hedge and shade trees that will run north to south along the property's east boundary abutting NW 24th Court. This buffer will improve the visual appearance of the corner and will shield the parked vehicles from view from the adjacent rights -of - way. BERCOW RADELL FERNANDEZ LARKIN &TAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW Gregory Gay July 2, 2020 Page 3 TOTTL mar 14 . SITE PLAN - PROPOSED I, SCALE 1/10"-.1.—Cr SIN. NOSIAP LIMIT JF PLAT rN.aP.; • •• `f - \` ty C c 3 F c 0 {` u 4J 0 Proposed Plan Land Use. The Property is designated on the City of Opa-Locka comprehensive development land use plan for Industrial use. This designation provides for a wide range of land uses including research, assembly, fabrication, manufacturing, repair, service, retail, entertainment, and places of assembly. Areas in the Corridor Mixed Use Overlay Zoning District may be developed with industrial -commercial mixed use in accordance with the regulations for that district. BERCOW RADELL FERNANDEZ LARKIN &TAPANES ZONING, LAND USE AND ENVIRONMENTAL L A W Gregory Gay July 2, 2020 Page 4 Zoning. The Property is zoned I-2 (Liberal Industrial) with a Corridor Mixed Use overly (see Zoning Map excerpt below). Zoning Map This zoning district allows truck parking. Section 22-81 of the Code specifically includes, "tractor Trailer Truck and/or Major Vehicle (10,000 lbs. or greater)". The proposed plan, prepared by Calc Engineering dated May 26, 2020 complies with all of the I-2 zoning regulations except for lot size. Accordingly, the Applicant is requesting a variance to allow a lot size of 14,560 square feet, where 20,000 square feet is required. This represents an approximately 0.728% deviation which is relatively minor. In addition, the Property abuts NW 24th Court, which is a dead-end street that runs along the entire length of the Property. The land that comprises this street provides an additional open area that helps to mitigate for the deficit in the Property's size. Variance. The Opa-Locka City Code, Section 22-58, requires that an explanation and evidence addressing six (6) standards must be met provided in relation to the approval of a variance application. Below are the six (6) standards with each standard followed by the Applicant's response. As evidence in support BE RCOW RADELL FERNANDEZ LARKIN EtTAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW Gregory Gay July 2, 2020 Page 5 of the application, the Applicant is also providing photos of the area, Property Appraiser information and the proposed plan. Section 22-58 Standards: 1. That strict application of the regulations of this ordinance would produce undue hardship. In the present case, it is clear that the regulations which require a minimum lot size that is only approximately 8% greater than the Property, results in a hardship to the Applicant. Similarly situated lots with less convenient vehicular access are operating with uses like the Applicant's proposed car carrier use. Accordingly, the Applicant is prohibited from operating a use that is permitted in the I-2 zoning district, but for the minor lot size deficiency. 2. That such demonstrated hardship is not shared generally by other properties in the same zoning district and in the same vicinity. Most of the other lots in the vicinity are already operating with uses that include truck access and truck parking, whether due to the fact that these lots are larger or that the uses are grandfathered. Therefore, the hardship in question is not shared with other properties in the area. 3. That the authorization of such variance will not be of substantial detriment to adjacent properties and that the character of the district will not be changed by the granting of the variance. The proposed use is characteristic of the I-2 industrial area and will be compatible with other existing uses. For instance, Kauff's Transportation System is located immediately across NW 24th Avenue. 4. Such variance is not contrary to the public interest or to the stated purpose of this ordinance. The proposed variance would not be contrary to the public interest. The variance would allow the business to operate on the Property, providing new employment opportunities, while potentially also increasing the Property's tax base. 5. That the hardship is not self-imposed. BERCOW RADELL FERNANDEZ LARKIN 6TAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW Gregory Gay July 2, 2020 Page 6 The hardship in question is not self-imposed as the Applicant purchased the Property in August 2019, and it was the same size then as it is today. The Applicant has not reduced the total lot size and purchased the lot with the intention of operating the proposed industrial use on the Property. 6. That the hardship is not financial in nature. The hardship created by the Property is not financial in nature. The variance is necessary in order to operate the business on the Property. Without the variance the Applicant cannot operate, therefore, the hardship created is not a matter simply a financial matter. For all of the foregoing reasons, the Applicant requests your favorable review and recommendation in support of the variance request. Please contact me directly should you have any questions concerning this matter. Sincerely, Ben Fernandez BF/bl Enclosures BERCOW RADELL FERNANDEZ LARKIN &TAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW