HomeMy WebLinkAboutR-03-0406J -03-218(a)
03/26/03
RESOLUTION NO. 03— 406
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), DENYING THE APPEAL,
AFFIRMING THE DECISION OF THE ZONING BOARD,
THEREBY APPROVING THE GRANT OF A VARIANCE
FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO ALLOW A FRONT YARD SETBACK OF
19.62'(20'0") FOR A TWO-FAMILY RESIDENCE FOR
THE PROPERTY LOCATED AT APPROXIMATELY
54 NORTHWEST 34th STREET, MIAMI, FLORIDA,
LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting of January
27, 2003, Item No. 14, following an advertised public hearing,
adopted Resolution No. ZB 2003-0681 by a vote of eight to three
(8-3), approved in part a request for variances from Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Article 4, Section 401, to allow a front yard setback of
19.62'(20'0" required) for a two-family residence as hereinafter
set forth;
ATTACRIAEUT (S)
CITY CC>MMIMOR
MEETING Ciff,
MAY 0 1 2003
ResobAim arp.
03- 401; ..`
WHEREAS, the applicant has appealed the decision of the
Zoning Board; and
WHEREAS, the City Commission after careful consideration of
this matter finds that the stated grounds for the appeal and the
facts presented in support thereof do not justify reversing the
decision of the Zoning Board;
NOW, THEREFCRE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORID: :
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Commission denies the appeal, and
affirms the decision of the Zoning Board
(Resolution No. 7E 2003-0681, adopted January 27, 2003), thereby
approving the var4ances from Ordinance No. 11000, as amended, the
Zoning Ordinance cf the City of Miami, Article 4, Section 401,
Schedule of District Regulations, to allow a front yard setback
of 19.62'(20'0" required) for a two-family residence for the
property located at approximately 54 Northwest 34th Court, Miami,
Florida, legally _'-_scribed in attached "Exhibit A."
I Page 2 of 3 03- 406
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll
PASSED AND ADOPTED this
ATTEST:
P ISCILLA A. THOMPSON
CITY CLERK
APPROVED
NEJ�dQD O VILARELLO
CITY TORNEY ''
W7 7:smg:YMT 4"
1st day of May 2003.
/�,NUEL A. DIAZ, MAYOR
CORRECTNESS:
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 3 of 3 03- 406
t
3
2
IND HILDA CRUZ
4th STREET
)RIDA
?E/IA TIONS.
EXBHIBIT "A"
LOCA T/ON SKETCH
SCALE. • NOT TO SCALE
N. W. 34th Street
16
15
14
13
12
12
LEGAL DESCRIPTION:
16" Alle
LOT 13 OF BLOCK 12 OF "MAP OF WYNDWOOD PARK" ACCORDING TO THE
PLAT AS RECORDED IN PLAT BOOK 5 AT PAGE 23 OF THE PUBLIC RECORDS
OF MIAMI—DADE COUNTY, FLORIDA.
SURVEYOR'S NO TES:
OWNERSHIP IS SUBJECT TO OPINION OF 777LE.
EXAMINA710N OF THE ABSTRACT OF 777LE WELL HAVE TO BE MADE TO
DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFEC77NG THIS PROPERTY.
THERE MAY BE ADD17101VAL RES7RICT70NS 7HA T ARE NOT SHOWN ON THIS
SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN ALONG
7HE MONUMENT LINE OF N. W. 34th STREET, WHICH IS EAST.
ELEVA11ONS ARE RELA77W TO THE 1929 N.G. V.D. OF MEAN SEA LEVEL AND
ARE BASED ON A BENCH MARK SUPPLIED BY THE ENGINEERING DEPARTMENT
OF MIAMI—DADE COUNTY, FLORIDA.
BENCH MARK=N-424—R EL£VA770N= 15.30
FLOOD ZONE. X COMMUNITY.• 120650 PANEL: 183
DATE OF FIRM. MARCH 2, 1994 SUFFIX.•J ELEVA770N. N/A
THIS BOUNDARY SURVEY WAS PREPARED IN ACCORDANCE Wi7H 7HE MINIMUM
TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND
SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA
STATUTES AND TO CHAP7ER 61G17 OF TH£ F.A.C.
DATE OF SURVEY= 2-23-02
=DENOTES MOOD POWER POLE
=DEN07ES OVERHEAD ELECTRIC UNES
=DENOTES MEASURE
=DENOTES RECORD
=DENOTES MONUMENT UNE
=DENOTES CENTER UNE
=DENOTES RIGHT OF WAY
=DEN07ES FOYl1VD 1/2" IRAN PIPE (NO 1D.)
—DENOTES CONCRETE BLOCK STUCCO
=DENOTES ELEVA77ON
EDUARDO M. SUAREZ, P.S.M. No. 6313
PROFESSIONAL SURVEYOR AND MAPPER
2945 S N 103rd PACE MIAYr, aam JX65 PYYME (786) 395-9782 FAX (3a5) 552-85M
BOUNDARY SURVEY
DATE DRAWN BY SCALE I F.B.IPG JOB No.
3-4-02 EMS 1 "=20' 2 / 76 1 02-02-42
offlylyc
ITEM PZ 5
ZONING FACT SHEET
Case Number: 2002-0600 27 -Jan -03 Item 14
Location: Approximately 54 NW 34" Street
Legal: (Complete legal description on file with the Department of Hearing Boards)
Applicant: Candido & Hilda Cruz
PO Box 680084
Miami, FL 33168-0084
App. (786) 218-4643
Zoning: R-2 Two -Family Residential
Request: Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Article 4, Section 401, Schedule of District Regulations, to allow a side yard
setback of 1.73'(6-0" required) for a two family residence.
Purpose: This will allow a side yard setback variance for a two family residence.
Recommendations:
Planning & Zoning Dept.: Recommended denial of the appeal and denial of the variances.
Public Works: No comments.
Plat and Street Committee: N/A.
Dade County No comments.
Enforcement History, If any Case No: Last Hearing
Found
Violation(s) See supporting documentation.
Ticketing Action:
Daily $0.00 Affidavit Non -Compliance Issued
Warning Letter sent
Total Fines to $0.00 Lien Recorded Comply Order
CEB Action:
History:
Analysis: See supporting documentation.
Zoning Board Resolution: ZB 2003-0681
Zoning Board: Approved the front yard setback variance, but did not approve the side yard setback
variance. Vote: 8-0
City Commission: N/A.
03- 406
FROM : CARIBBEAN PHONE NO. : 8240038 Feb. 10 2003 02:01PM P1
CLARA FERNANDEZ
3742 WEST 127H AVE
HIALEAH, FLORIDA 33010
WORK: (305) 824-0040
HOME (305) 863.8601
DATE: FEBRUARY 7, 2003
TO: CITY OF MIAMI
444 SW 2"" AVE
MIAM1, FLA. 33130
FAX: (305) 8240038
CEL (305) 218.6701
ATT: TERESITA FERNANDEZ
PHONE: (3405) 416-2034 FAX: (305) 416-2035
FOR CITY CONDA99MCN
REF: CANDIDO CRUZ & W HILDA
PROPERTY ADDRESS: 54 NW 34TH STREET
CASE NO. 200240600
DEAR MRS, FERNANDEZ:
THIS LETTER IS TO REQUEST FOR REVIEW OF THE MY COMMISSION ON THE DECISION TAKEN BY THE
MIAMI ZONING BOARD DBC!f9ON ON JANUARY 27, 2003.
WE AGREED ON ALL THE DECESIONS EXCEPT TO THE ONE ON THE DECISION OF EITHER CUTTING
THE STRUCTURE 5 FT OR DEMOLISEE NG THE WALLS AND RETURNING THE PROPERTY TO THS
ORIGINAL SPATE_ BOTH DEMONS ARE AN ECONONUCAL HARDSHIP TO ME. I HAVE SPEND 50
MUCH MONEY ALL READY FIXING A PROPERTY THAT WAS BOUGHT AS LS. AND MY INCOME IS NOT
ENOUGK FOR ALL THAT FJ
IF ANY QUESTION PLEASE CONTACT ME OR MRS FERNANDEZ.
-, wa•�a
M isle► lt• r
o3- 406
ANALYSIS FOR VARIANCES
54 NW 34th Street
CASE NO: 2002-0600.
Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, the subject proposal for Variances has been reviewed as follows:
Variance for front yard setback:
Variance for side yard setback:
Required - 20.0'
Proposed - 19.62'
Request to Waive - 0.38'
Required - 5.0'
Proposed - 1.73'
Request to Waive - 3.27'
The following findings have been made:
• It is found that there is no hardship to justify the requested variances. The lot is a
standard lot for R-2 Two -Family Residential district, having an area of 5,000 Sq. Ft.
• It is found that the additions, as constructed, could accommodate more than the
permitted two dwelling units.
• It is found that by developing the lot in the manner reflected on the plans submitted,
the property owner has derived undue benefits under the Zoning Ordinance.
• It is found that the existing additions, for which variances are sought, were built
without the benefit of building permits, and it is also found that the additions result in
a overbuilt lot with an overall effect that makes the subject site appear crowded.
Additionally, encroachments into the setback area deprive the adjacent property
owners of their rightful visual separation.
• It is found that this is a self imposed hardship and should therefore not be considered
a valid justification for any encroachment.
Based on these findings, the Planning and Zoning Department is recommending
denial of the application as presented.
_- 03_ 406
ANALYSIS FOR VARIANCE
CASE NO. 2002-0600
Yes
No
N/A
❑ !
I]
❑
Special conditions and circumstances exist which are peculiar to the property.
C
❑
❑
Special conditions are result of petitioner's actions.
7
Literal interpretation of ordinance causes undue hardship on petitioner.
EvD
❑
Granting variance conveys same treatment to owner.
❑
i
Variance, if granted, is the minimum variance for reasonable use of property.
❑
❑tel
❑
Is in harmony with general intent and purpose of ordinance.
❑
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03— 406
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54 NW 34 STREET
CODE ENFORCEMENT CASE: 01-23054
Violation(s):
ILLEGAL UNITS; WORK COMPLETED WITHOUT A FINALIZED
PERMIT
10/23/2001 -NOTICE OF VIOLATION ISSUED
01/11/2002 -SUMMONS TO APPEAR ISSUED
02/07/2002 -POSTING OF PROPERTY
02/13/2002 -APPEARED BEFORE THE BOARD AND FOUND
GUILTY; GIVEN 24 HRS TO SERVE EVICTION NOTICE, GIVEN 30
DAYS TO COMPLY WITH TRASH VIOLATION, GIVEN 90 DAYS
FOR PERMIT; $150.00 PER DIEM FINE.
7/18/2002 -AFFIDAVIT OF NON-COMPLIANCE ISSUED
07/24/2002 -APPEARED BEFORE THE BOARD TO REQUEST AN
EXTENSION OF TIME; NOT GRANTED EXTENSION OF TIME
AS OF 04/22/2003 CASE IS OPEN AND NOT COMPLIED;
THERE IS A RUNNING FINE OF $51,600.00
U3-- 406
ADBD SECURITY ACTION L SCR OD_ +/- + PAGE 1
0123054 .:OMPLAINT TRACKING MODULE 0123054 (35)
BOARD MAINTENANCE SCREEN
OWN NAME/ADDR DIFFERENT FROM PRP
COMPLAINT: 0123054 TICKET BOARD: C $5000 FLAG: N LIEN FLAG: P
OWNER NAME: CANDIDO CRUZ &W HILDA STAT: 0 NC PEND LIEN: 07/17/2002
EXACT ADDR: 54 NW 34 ST NET: 4 CERT LIEN:
ASSIGNED: Z MT MARIA E. TOVAR REF NO: CERT BY:
CASE NO 0123054 HEARING DATE 07242002 OUTCOME GAF INSTALLMENTS
APPEAL: N DATE DEADLINE PER DIEM: 150.00
2ND PARTY NAME: CAP: 0.00
ADDR DADE CNTY LIEN: BOOK
FROM PAGE
CITY STATE ZIP TO PAGE
REMARKS: 2/13/02 GTY;24 HRS TO SERVE EVICTION NOTICE;3 UNIT
TO VACATE;30D FOR TRASH;90D FOR PERMIT;CMPLY BY 5/
13/02;$150.00 PD;SCHED EXT OF TIME 7/10/02;7/10/02
CASE A NO-SHOW;SCHED RETRO EXT OF TIME 7/24/02;7/ BOARD STATUS: C
24/02 NO EXT GRANTED
ADMIN BOARD CALC TOTAL PER
FEE COST EXPENSES FINE PER DIEM DIEM ADJ
CURR BALANCE: 0.00 0.00 0.00 0.00 51600.00 0.00
TOTAL DUE: 51600.00
PRESS <XMIT> TO CONTINUE
03- 406
ADVI SECURITY ACTION L SCR '--)D _ +/- - PAGE 2
0123054 1504 COMPLAINT TRACKING MODULI (33)
C VIOLATION MAINTENANCE SCREEN
COMPLAINT NO: 0123054 TYPE: 515 STAT: 0 NC BOARD: C CASE NO: 0123054
REF NO: 1504 COMPLY DUE 05/13/2002 COMPLIED DATE TKT TIME
ADDRESS: E- 54 NW 34 ST TKT DATE
TICKET NO: TICKET FINE: MAINT BY: MT DATE: 10/22/2001
STATUTE: C DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 10/22/2001
VIOLATION DESC: WORK COMPLETED WITHOUT A FINALIZED PERMI STATUS: A
T
LEGAL DESCRIPTION: WYNDWOOD PARK PB 5-23 PRIM:
LOT 13 ELK 12 SD1:
LOT SIZE 50.000 X 100 <MORE> OVERRIDE:
CUSTOM VIOLATION / CORRECTION TEXT
CLARIFICATION:
CORRECTION:
PRESS <XMIT> TO CONTINUE
.03 406
ADVI SECURITY ACTION L SCR 7D_ +/- + PAGE 4
0123054 1513 COMPLAINT TRACKING MODUL- (33)
C VIOLATION MAINTENANCE SCREEN
COMPLAINT NO: 0123054 TYPE: 515 STAT: 0 NC BOARD: C CASE NO: 0123054
REF NO: 1513 COMPLY DUE 05/13/2002 COMPLIED DATE TKT TIME
ADDRESS: E- 54 NW 34 ST TKT DATE
TICKET NO: TICKET FINE: MAINT BY: MT DATE: 10/22/2001
STATUTE: Z DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 10/22/2001
VIOLATION DESC: Illegal units. STATUS: A
LEGAL DESCRIPTION: WYNDWOOD PARK PB 5-23 PRIM:
LOT 13 BLK 12 SD1:
LOT SIZE 50.000 X 100 <MORE> OVERRIDE:
CUSTOM VIOLATION / CORRECTION TEXT
CLARIFICATION:
CORRECTION:
PRESS <XMIT> TO CONTINUE
03- 406
1903.2. Written petition.
A written petition for a variance is submitted to the officer or agent of the city specified
by the city manager demonstrating all of the following-
(a)
ollowing
(a) Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or build-
ings in the same zoning district;
(b) The special conditions and circumstances do not result from the actions of the peti-
tioner;
(c) Literal interpretation of the provisions of this zoning ordinance deprives the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of this zoning ordinance and works unnecessary and undue hardship on the
petitioner,
(d) Granting the variance requested conveys the same treatment to the individual owner
as to the owner of other lands, buildings, or structures in the same zoning district;
(e) The variance, if granted, is the minimum variance that makes possible the reasonable
use of the land, building, or structure; and
(fl The grant of the variance is in harmony with the general intent and purpose of this
zoning ordinance, and is not injurious to the neighborhood, or otherwise detrimental
to the public welfare.
03- 406'
Zoning Board Action on Petition for Variance
Motion: I hat the request on agenda item # � be (denied)
rant in that the requirements of Section 1903.1 (were) (were
no s tisfied by relevant evidence in the record of the public
hearing.
a) as stated in the City's finds or fact, or
b) as demonstrated by the petitioner, or
c) on the basis of the following:
The Zoning Board shall make findings that all of the requirements and standards
of Section 1903.1 (have been) (have not been) demonstrated.
Circle appropriate condition(s):
a) Special conditions and circumstances (exist) (do not exist),
which are peculiar to the land, structure or building involved and
which are not applicable to other lands, structures or buildings in
the same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
b) The special conditions and circumstances (do) (do not) result
from the actions of the petitioner
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
c) Literal interpretation of the provisions of zoning ordinance
(would) (would not) deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district under the
terms of the zoning ordinance and work unnecessary and undue
hardships on the petitioner
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
03 406
d) Granting the variance requested (will) (will not) convey the same
treatment to the individual owner as to the owner of other lands,
buildings or structures in the same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
e) Granting the variance requested (will) (will not) convey the same
treatment, any special privilege that is denied by the zoning
ordinance to other lands, buildings or structures in the same zoning
district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
f) If granted, the variance (will be) (will not 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
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
Signature
,fw ,y/ J�
Aa4ndla Item
Print Name 51
Date
/- 02*5
03- 406
Miami Zoning Board -
Resolution No.: 2003-0681
Monday, January 27, 2003
Mr. Allan Shulman offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE
NO. 11000, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A FRONT YARD SETBACK OF
19.62'(20'0" REQUIRED) FOR A TWO-FAMILY RESIDENCE FOR THE PROPERTY LOCATED
AT APPROXIMATELY 54 NORTHWEST 34TH STREET, LEGALLY DESCRIBED AS LOT 13,
BLOCK 12, MAP OF WYNWOOD PARK (5-23), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL. THE FRONT YARD SETBACK
VARIANCE WAS GRANTED WITH A TIME LIMITATION OF TWELVE MONTHS ONLY IN
WHICH A BUILDING PERMIT MUST BE OBTAINED; THE STRUCTURE IN THE SIDE YARD
SETBACK IS TO BE CONVERTED BACK TO A CARPORT BECAUSE THE VARIANCE WAS
NOT GRANTED.
Upon being seconded by Mr. Juvenal Pina,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers
Yes
Mr. Joseph H. Ganguzza
Away
Mr. Charles A. Garavaglia
Yes
Ms. Ileana Hernandez -Acosta
Yes
Mr. Humberto J. Pellon
Yes
Mr. Juvenal A. Pina
Yes
Mr. Allan Shulman
Yes
Mr. Angel Urquiola
Yes
Mr. Georges Williams
Yes
AYE:
8
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
1
Ms. Fernandez: Motion carries 8-0
Teresita L. Fernandez; Executive Sec Wary
Hearing Boards
Case No. 2002-0600 Item Nbr: 14
__ 03- 406
PLANNING AND ZONING DEPARTMENT
HEARING BOARDS DIVISION
444 SW 2"d Avenue, 71h Floor • Miami, Florida 33130
* HICORP ORATED ` * � U Telephone 305-416-1480 • Fax 305-416-2035
APPLICATION FOR VARIANCE
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING
ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES
BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE,
MIAMI, FLORIDA, 33133.
APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY
PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL
BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE
APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY
COMMISSION.
THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION
ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM.
RECORDATION COST FOR THE RESOLUTION IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES.
ALL FEES ARE SUBJECT TO CHANGE.
A Variance is a relaxation of the terms of the Zoning 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, a literal enforcement of this Ordinance would result in
unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a
Variance is authorized only for height, area, size of structure, dimensions of yards, other open
3VE,CANDID0 CRUZ AND HILDA CRUZ,
hereby petition the City of Miami Zoning Board for a Variance from the terms of the Zoning
Ordinance of the City of Miami, affecting property located at 54 N.W, 34STREET
MTAMT FT. , folio number 01-3125-019-221 0 Nature
of proposed use (please be specific): CONVERT TO DUPLEX BY REMOVING ILLEGAL
UNIT AND LEGALIZING EXISTING CONSTRUCTION.
1. Three original current surveys of the property prepared by a State of Florida Registered
Land Surveyor within six months from the date of application.
2. Two 11x17" original plans and one 24x36" original plan, signed and sealed by a State of
Florida Registered Architect or Engineer showing property boundaries, existing (if any) and
proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and
computations of lot area and building spacing.
3. Plans need to be stamped by the Hearing Boards Division first and then signed by Public
Works, Zoning and Planning prior to submission of application.
4. An 8'/z x 11" copy of the signed plans attached to this application.
Rev. 06/04/02 03-
406
06
5. An 8'h x11" copy of all exhibits that will be presented at the hearing shall be attached to this
application.
6. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
attached forms).
7. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of the
subject property (see pages 7 and 8).
8. At least two photographs that show the entire property (land and improvements).
9. Recorded warranty deed and tax forms for the most current year available that show the
present owner(s) of the property.
10. Other (specify and attach cover letters explaining why any document you are attaching is
pertinent to this application).
11. Cost of processing according to Section 62-156 of the City Code:
CS, PR, R-1, R-2, (single-family and duplex residential uses)
Piers, docks, wharves and the like, for each Variance from the
ordinance, per lineal foot
Minimum
All applications for Variances relating to the same structure shall
be assessed a single fee to be calculated per square foot of gross
floor area of the proposed structure or addition, based upon the
definition of gross floor area found in Section 2502 of Zoning
Ordinance, as amended
Minimum
$ 250.00
$ 45.00
$ 700.00
$ 1 .10
$ 650.00
Application for Variance as a result of a change in approved plans or as a result of a
violation notice shall be charged an additional fee, per Variance:
CS, PR, R-1, R-2 $ 250.00
All other residential districts $ 450.00
All nonresidential districts $ 550.00
Extension of time for Variance $ 500.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred
dollars (800.00), except from agencies of the City; such surcharge to be refunded to
the applicant if there is no appeal by the applicant or from a property owner within
five hundred (500) feet of the subject property.
Rev. 06/04/02
2
03- 406
12.' The Variance request is for relief from the provisions of Section An i of the City of
Miami Zoning Ordinance as follows: SIDE YARD REQUIREMENTS. FIVE (5) FEET
PROVIDING 1.73'=FRONT YARD 20iFEET REQUIRED PROVIDING 19.62 FEET.
13. What is the purpose of this variance? Tc) SF.F.K RFT.TF.VF. OF SETBACK
REQUIREMENT,ZONING WILL NOT APPROVE PLANS,UNLESS VARIANCE IS
GRANTED_ THE RTTTDTND PERMIT TS NEEDED TO REMOVE THE ILLEGAL" "UNIT &
ADDITIONS AND LEGALIZE THE DUPLEX.
14. is the property within the boundaries of a historic site, historic district or archeological zone
designated pursuant to Chapter 23 of the Miami City Code?
NO
15. Is the property within the boundaries of an Environmental Preservation District designated
pursuant to Chapter 17 of the Miami City Code?
NO
16. In support of the application, the applicant is prepared to offer the following evidence, on
the point enumerated at Section 1903 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 involved and which are not applicable to other lands, structures, or buildings in the
same zoning district in that: (list evidence to be produced and use additional sheets, if
necessary.) WHEN THE HOUSE WAS BOUGHT THE CONSTRUCTION WAS IN
THE PROCESS OF BEING COMPLETED.DOCUMENTS AND PLANS WERE SHOWN
TO ME, THIS MADE ME BELIEVE IT WAS A -LEGITIMATE CONSTRUCTION.
(b) The special conditions and circumstances do not result from the actions of the petitioner in
that: T BOUGHT THE HOUSEFROM THE PREVIOUS OWNER IN GOOD FAITH,
IF I WOULD HAVE SUSPECTED ANY IRREGULARITIES I WOULD HAVE NOT
PURCHASED THE PROPERTY.
(c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner
in that: OTHER PROPERTIES IN THE AREA ARE BUILT AS CLOSE TO THE
PROPERTY LINE AS MY IS. WHEN I BOUGHT THE HOUSE PLANS WERE SHOWN
TO ME, THUS MAKING ME BELIEVE IT WAS LEGAL.ALSO FOR THE LAST
YEARS I HAVE PAID TAXES AND SERVICES FOR 3 UNITS.
(d) Granting the Variance requested will not confer on the petitioner that special privilege that is
denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning
district in that:
I BELIEVE SIMILAR VARIANCES HAVE BEEN GRANTED IN THIS
AREA AND IS ALSO MY UNDERSTANDING THAT THIS TYPE OF VARIANCES
HAVE BEEN GRANTED AS WELL IN OTHER AREAS OF THE CITY OF MIAMI.
Rev. 06/04/02
(e) The Variance, if granted, is the minimum Variance that will make possible the reasonable
use of the land, building or structure in that -
'NEED TO OBTAIN BUILDING PERMIT
TO REMOVE ILLEGAL UNIT AND CONVERT EXISTING SPACE TO ALEG,�LL
PERMITTED USE.BEING AN AS BUILT STRUCTURE THERE IS NO OTHER
ALTERNATIVE BUT TO OBTAIN THE VARIANCE AS SHOWN IN THE PLANS.
THE STRUCTURE WILL BE USED AS DUPLEX WHICH IS A COMPATIBLE
USE FOR THE AREA.
(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 in that:
THE STRUCTURE HAS BEEN THERE SINCE 1974
AND WE HAVE NOT HAD ANY PROBLEM WITH THE NEIGHBORS.
Note: All documents, reports, studies, exhibits or other written or graphic material to be
submitted to the Zoning Board shall be submitted with this application.
Signature
4+ILPA cevz
Name CANDIDO CRUZ
Rev. 06/04/02
Address P.O. BOX 680084
MIAMI, FL. 33168-0084
Telephone 786-218-4643
Date 7- Z Z- V O L
4
-
03- 406
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 2 Z day of ,Ja L
20 �Z, by who is an individual
personally known to me or who has produced as
identification and who d (did not) take an oath.
(Stamp Si nature
My WINI:
C.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 by of
a
corporation, on behalf of the corporation. He/She is personally known to me or has
produced as identification and who did (did not) take an oath.
(Stamp) Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
20 , by
behalf of
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Rev. 06/04/02
5
Signature
day of
partner (or agent) on
a partnership.
03- 406
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared -CANDIDO CRUZ &
HILDA CRUZ , who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete
permission for him/her to act in his/her behalf for the change or modification of a classification
or regulation of zoning as set out in the accompanying petition, ❑ including responding to day
to day staff inquires; ❑ not including responding to day to day staff inquiries in which case
he/she should be contacted at 786-218-4643
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
CANDInQ CRUZ. & NTT -DA CRUZ
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this V -day of Z% L
20_L')-, by who is an individual
personally known to me or who has produced as
identification and who did (did not) take an oath. _-r --
(Stamp)srAJORGESALAWSi'9
FM
PMUC STATE OF RXWMA422MMON NO. CL-94MMWON W. MAY 29
Rev. 12/05/01
' 406
OWNER'S LIST
Owner's Name CANDIDO CRUZ -
Mailing Address P.O. BOX 680084 MIAMI, FL Zip Code 33168-0084
Telephone Number 786-218-4643
Legal Description: WYNDWOOD PARK PB 5-23 LOT 13 BDIC 12
Owner's Name
Mailing Address
Telephone Number
HTLDA CRUZ
P.O. BOX 680084 MIAMI, FL. Zip Code 33168-0084
78-218-4643
Legal Description: WYNDWOOD PARK PB 5-23 LOT 13 BLK 12
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address
N/A
Street Address
Street Address
Rev. 06/04/02
0
Legal Description
N/A
Legal Description
Legal Description
03- 406
DISCLOSURE OF OWNERSHIP
Legal description and street address of subject real property:
WYNDWOOD PARK PB 5-23 LOT 13 BLOCK 12
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City
of Miami requires disclosure of all parties having 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 shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their addresses and
proportionate interest.
CANDIDO CRUZ & WIFE HILDA CRUZ
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 500 feet of the subject real property.
N/A
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner or Attorney for Owner Signature
The foregoing instrument was acknowledged before me this 2 Z day of JJ) L
20 b _, by who is an individual
personally known to me or who has produced as
identification and who did (did not) take an oath. ll
JORMSA
(Stamp) NOTARY KmL'c sTATE OF R=w�►
COMMLSLON NO.
m' COMMffiION - Y
Rev. 12/05/01
n3-- 406
"G ea m
O
-n
3 -n
s WO
0 rrn
W c
ca O
C 2 Z
0
O c 2
N O
0
lcj-z D
ov
g rm
H �
,* f -
UP. T.... .
f1Alw0lr...
R s.'aaeea .
Made this 21st day of March . A. h). w 75 Ithm
FELIX GOI AI UZ and BENITA GONZAi,EZ, his wife
of the Counh of Dade in the State of Florida port ies of the first part. rad
CANDIDO CRUZ and HILDA CRUZ, his wife
of the Coach of Dade in the Stale of Florida whme post office eddtcas 7s
1570 Northwest 129th Street, Miami, Florida
paH ies of thhee,aecond part.
'•1W�1![fSE�t, That the said part ies of the first part. for and in e n dwollon of the awn of
TEN ($10.00) DOLLARS and other good and valuable consideration
to them in haul paid by the said parties of the second part, the receipt whsaof is hereby achnowl-
edged, have granted. barasined. and sold to the said parties of the second port. their hetes
and ouigns forever, the following described land, sttuale, one( being in the County of ilade
Stets of Florida to -reit:
{ a
UP
(no'at�llli r..
906id
SHOE
coal V
Lot 13, Block 12, WYNa9QOD PARK, according to the
Plat thereof, recorded in Vla.t Boot: 5 at Page 23,
of the Public Records of Dade ,Iounty, Florida.
Said property being otherwise known as and by
street number 54 N. W. 34th Street, Miami, Florida.
SUBJECT to covenants, restrictions, limitations
amd easements of record, if any.
SUBJECT to real estate taxes for the year 1975
and thereafter; also applicable zoning ordinances.
SUBJECT to an existing First c-ortgage of record.
And the said parties of the ftrat part do herelsy fully inerrant the title to said lard, and will defend the
some against the lawful r•laimsof all prraw+s udwmmeere.
iftfr•SS MUtd, The said part ies of the first part ha ve hereuAeo set their
hands and seal sthe day and year fust above wriilen. 1
S' i�led'a,ld dr • iA eh rue of• / , •.
s:r
"Benita 'Gonzalez""' t -
STATE OF FLORIDA,
COUXnf OF MADE
I HERESY CERTIFY that on this day, before me, an
officer duly authorized in the Star aloressid and in the County afocrsaid to takr ackauwhdgrnrrou, personally appeared
FELIX (XNZALSZ and BIMITA GONZALEZ, his wife
T'.
to npe kntown to he the person s described in and who executed the larrong instrument and they acknowledged
belotethat they executed the same.
••'� '• 'BSS my hand and offirial seal in the County and Statr Lose aforesaid this 21St of
.Q`..!k%r'ch• A. D. 1975.
C V
ata ry lis, tat. of Florida
i EP.SBlN1E' .e t 'e
i tg CtgCYtt COpYI tltlitgY PUPL'C Slt7E OF r1(.-.rA t U Cs.
'rMirhis,a,•��". my COIpt!ssm D RFS JL.itdsy 1), 1:73
71ra /rWnnxnrt rc d` G r_�� Ahrol i UCUalU6 f
p ) ES. Lester Saal
Addim 25 West Flagler Street
Miami, Florida 33130
03— 406
54 N W 34 STREET
R-2/TWO FAMILY RESIDENTIAL DISTRICT
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as
amended, Article 4, Section 401, Schedule of District Regulations, required
front yard to legalize existing additions.
Required 20 feet front yard setback
Proposed 19.62 feet
Request to waive .32 feet
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as
amended, Article 4, Section 401, Schedule of District Regulations, required
side yard to legalize existing additions.
cPhee
Zoning Inspector II
Required 5 feet side yard setback
Proposed 1.73 feet
Request to waive 3.27 feet
Date
03- 400
PK Nal/
SKETCH OF SURVEY
Found Cut NaN—
0.5'
Wood Fence On Line
p�
S
Lot 14 Block 12 W
0
h
Z
Wood Fence On Llne
N. W. 34th Street 5.00'
EAST
22' Aspho/l Pavement
0 2' Valley Cultsr 30.00'
alt Povemant WPP
4.9' Sidewalk n
r•
Chain Link Fence a2'
Outside of Property
19.62' 4 19. 66,
r
38.85 9.42'
One Story
G&S Building
House No. 54
Lowest E7ewt/on-IZ53 p
Next H/pheet Elev.-17.86
im Lot 12 Block 12
o a
2
- 9.15'
Outside of Property
Chan Link Fence 0.3'
Wbod Fence a9' Outs/de of Property- f 4' Gross Parkway
16.00' a7' A of a� t-, Outelds of Property
16' Alley Nbod Fence aB'
;nF�cAnoN•
.IREHY CER77FY THAT THIS BOUNDARY SURVEY WAS PREPARED UNDER MY
DIRECT St/PERNST0" AND INAT /T 15 TRUE AND comFor To THE BEST LCR'
MY KNOiLEO(,�• AND BELIEF.
EDUPROFESSi'LM1IRt£1UR AND MAPF
NaBJI.; STALE aF'JON
NOT VALID AN
THE SH7VATURE AND 7W ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED PRDV+£SSIONAL SURF£YQR AND MAPPER_
CANDIDO AND HILDA CRUZ
54 N. W. 34th STREET
MIAMI, FLORIDA
LOCATION SKETCH
SCALE., NOT TO SCALE
N.W. 34th Street
H 18 17 16 Tn12
13 12
2
16' Alle
LEGAL DESCRIPTION•
LOT 13 OF BLOCK 12 OF -MAP OF WY1VDW000 PARK' ACCORDING 70 THE
PLAT AS RECORDED /N PLAT BOOK 5 AT PAGE 23 OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
SURVEYOR' ND S•
ONN£RSHIP IS SLO-Ecr To aoINION OF TIRE
EXAMINAnON OF THE ABSTRACT OF TIRE WILL HAVE 70 BE MADE 10
DETM1NE RECORDED INSTRUMENT$ IF ANY, AFFEC77NG THIS PRapERTY.
THERE MAYBE ADDITIONAL RESTRICTIONS THAT ARE NOT SHONN ON THIS
SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN ALONG
THE MONUMENT LINE OF N.W. 34th STREET, NN/Gt IS EAST.
ELEVATIONS ARE RELATIVE 7D THE 1929 N.aV D. OF MEAN SEA LEVEL AND
ARE BASED A BENCH MARK SUPPLIED BY THE ENONEDWNG DEPARTMENT
OF MIAMI-DADE COUNTY, FLORIDA.
BENCH MARK N -424-R ELEVi1 TIONS 15.50
FLOOD ZONE.• X COMMUNITY.' 120650 PANEL 183
DATE OF FTRM.•MARCH 2, 1994 SUFFIX.•✓ ELEVAnaN.NIA
THIS BOUNDARY SURVEY WAS PREPARED IN ACCORDANCE KITH THE MINIMUM
TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND
SURVEYORS AND MAPPERS PURSUANT 70 SECTION 471.027 FLORIDA
STATUTES AND TO CHAPTER 61017 OF THE F.A.a
DATE OF SURVEY 2-23-02
ABBREV9AT70NS•
NPP
DEW
=DENOTES WOW POWER POLE
=DENOTES OVERHEAD EIECTR/C ONES
M
-DENOTES MEASURE
R
M
=DENOTES RECORD
=DENOTES MONUMENT UNE
-DENOTES CENTER LINE
R/W
-DENOTES RIGHT OF WAY
RP
4007a FaW 1/2' EM PIPE (NO LA)
C,.�aa
-DENOTES CONCRETE BLOCK STUCCO,
J
-DENO IES ELEVATION
,I UAJW M 9WE" Z, P.3.M, No. 6314?
PROFESSIONAL SURVEYOR AND MAPPER
sorts SN raid PCACf
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