Coral Way Condo Fights Parking Variance For Supper Club
Written by Susan Stabley on May 27, 2004
By Susan Stabley
An attorney representing a Coral Way condo is fighting a variance that would allow a supper club to be built without the usual amount of parking.
Tucker Gibbs represents Coral View LLC, also known as The Aston condominiums at 3000 Coral Way, whose occupants fear that visitors to the supper club will park on its property, forcing condo management to have the cars towed. Mr. Gibbs has filed an appeal to a ruling that waives 50 of 58 parking spaces normally required under Miami city code
"Coral View is going to look like the bad guys," Mr. Gibbs said Tuesday. "It’s just too much on a piece of property on Coral Way. My client played by the rules."
At issue is a variance for the proposed supper club at about 3138 SW 22nd St. that the city’s zoning board approved March 22 by a 6-2 vote. According to plans submitted to the city, the proposed La Bodeguita del Medio would be two stories high.
The club was approved with eight parking spaces when 58 are normally required by city code. The zoning board also approved the building with a 10% bigger with a footprint of 4,217 square feet when 3,334 square feet is usually the maximum allowed for the 0.13-acre parcel, according to city documents.
The original request called for a 5,533-square-foot building that would have required that 79 parking spaces be waived, according to city documents.
The city’s Planning and Zoning Department recommended denying the application because by "developing the lot in the manner reflected, the property owner will derive undue benefit under the zoning ordinance," according to a city document.
Virgilio Perez, who represents club developer Joseph Maya, was contacted for comment but said he did not have time.
According to an April 12 zoning board resolution, the variance was granted under condition that the owner have an agreement to lease the parking space from another commercial area tied to the restaurant’s certificate of use.
But Mr. Gibbs, in opposing the project, said variances should only be allowed in cases of hardship. That’s doesn’t apply to the property where the club will be located because as it is now zoned a different kind of commercial use, such as a drugstore, wouldn’t require the parking to be waived.
Instead, Mr. Gibbs said, the current owner "just wants a higher use that will net a bigger profit."