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HomeMy WebLinkAboutR-02-0481J -02-408(b) 04/16/02 RESOLUTION NO. 02— 481 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING 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 REAR YARD SETBACK FOR PRINCIPAL STRUCTURE OF 4.75'(20'0" REQUIRED, A REAR YARD SETBACK FOR ACCESSORY STRUCTURE OF 6'0"(10'0" REQUIRED) AND A SIDE YARD SETBACK FOR ACCESSORY STRUCTURE OF 3'0" (5'0" REQUIRED) FOR A SINGLE FAiMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 51 SOUTHWEST 52ND COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of March 18, 2002, Item No. 13, following an advertised public hearing, adopted Resolution No. ZB 2002-0550 constituting a DENIAL of a request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, a rear yard setback for principal structure of 4.75' (20'0" required), a rear yard setback for accessory structure of 610"(1010" required) and a side yard } TT CHME, CONTAINED APR 2 5 2002 Rasolub-on NO- 02- C setback for accessory structure of 31011(5'0" required) for a single family residence as hereinafter set forth; WHEREAS, the applicant has appealed the decision of the Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds that the stated grounds for the appeal and the facts presented in support thereof do justify reversing the decision of the Zoning Board and granting of the variance; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 grants the appeal, and reverses the decision of the Zoning Board (Resolution No. ZB 2002-0550, adopted March 18, 2002), thereby granting 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 rear yard setback for principal structure of 4.75' (20'0" required), a rear yard setback for accessory structure of 6'0"(10'0" required) and a side yard setback for accessory structure of 3'0"(5'0" required) for a single family residence for the property located at approximately 51 Southwest 52 Court, Miami, Florida, legally Page 2 of 3 02— 4 81 described in attached "Exhibit A," pursuant to plans on file and subject to a time limitation of twelve months in which a building permit must be obtained. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 25th ATTEST: nljai � 'a..) PRISCILLA A. THO PSON CITY CLERK ... CIS ORNEY W 8 : YMT : smgP 01-1 CTNESS: day of April 2002. • IMIWNIOEWLA. DIAZ, MAY 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 02- 481 Miami Zoning Boarf- Resolution: ZB 2002-0550 Monday, March 18, 2002 Mr. Georges. Williams offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD MADE A MOTION TO APPROVE WHICH FAILED, CONSTITUTING A DENIAL OF VARIANCES FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A REAR YARD SETBACK FOR PRINCIPAL STRUCTURE OF 4.75'(2010" REQUIRED), A REAR YARD SETBACK FOR ACCESSORY STRUCTURE OF 6'0" (10'0" REQUIR D) AND A SIDE YARD SETBACK FOR ACCESSORY STRUCTURE OF 3'0" (5'0" REQUIRED) OR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 51 SOUTHWEST 52ND COURT, LEGALLY DESCRIBED AS LOT 1, BLOCK 4, FLAGLER GARDENS (49-1), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMJLY1AESIDENTIAL. Upon being seconded by Mr. Angel. Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Mr. Joseph H. Ganguzza Mr. Charles A. Garavaglia Ms. Ileana Hemandez-Acosta Mr. Humberto J. Pellon Mr. Juvenal Pina Mr. Allan Shulman Mr. Angel Urquiola Mr. Georges Williams Ms. Fernandez: Motion carries 2-5 No Away No No No No Away Yes Yes AYE: 2 NAY: 5 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 2 Teresita L. Fernandez, Chief Department of Planning and Zoning Hearing Boards r)ivicinn 02- 481 Case No.: 2002-0530 Item Nbr: J3 March 25, 2002 Teresita L. Fernandez, Executive Secretary Planning & Zoning Department Hearing Boards Division 444 SW 2"d Avenue 7`h Floor Miami, FL 33130 RE: 51 SW 52"d Court Dear Ms. Fernandez: I am hereby requesting an appeal to the City Commission of the Zoning Board decision of March 18, 2002, which denied variances for the above -referenced property. Due to the fact that I have demolished portions of the accessory structure, I am submitting a set of revised surveys and plans depicting the current structure. Sincerely, qtw I Jose Escalona 02-- 481 ZONING FACT SHEET Case Number: 2002-0530 18 -Mar -02 Item No: 13 Location: Approx. 51 SW 52 Ct. Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Jose Escalona 51 SW 52 Ct. Miami, FL 33134 App. Ph: (305) 460-7860 Zoning: R-1 Single-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 rear yard setback for principal structure of 4.75' (20'-0" required), a rear yard setback for accessory structure of 6-0" (10'-0" required) and a side yard setback for accessory structure of T-0" (5'-0" required) for a single family residence. Purpose: Recommendations: Planning Department: Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: Found: Last Hearing Date: Violation(s) Cited: Please see attached. Ticketing Action: Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: CEB Action: History: Analysis: Please see attached. Zoning Board Resolution No: Comply Order by: 02- 481 ANALYSIS FOR VARIANCE Approx. 51 SW 52nd Ct. CASE NO: 2002-0530. Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Variance has been reviewed as follows: Variance for rear setback: Variance for rear yard for accessory structure: Variance for side yard for accessory structure: The following findings have been made: Required - 20.0' Proposed - 4.75' Proposed - 10.0' Required - 6.0' Proposed - 5.0' Required - 3.0' • It is found that there is no hardship to justify the requested variance. The lot is over- sized, having an area of 6,600 Sq. Ft., where a standard lot in the R-1 Single Family Residential zoning district typically has only 5,000 Sq. Ft. • It is found that the addition, as constructed, is excessive and out of proportion with the existing residence and could easily accommodate more than the permitted one dwelling unit. • 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 addition and accessory structure for which a variances are sought, results in a overbuilt lot with an overall effect that makes the subject site ap- pear crowded. Additionally, encroachment into the setbacks deprives the adjacent property owners of their rightful visual separation. • It is found that the subject lot has been developed, to some extent, without the benefit of building permits; this is a self-imposed hardship and should therefore not be con- sidered a valid justification for any encroachment. Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. (?`— A S1 Y1 L_ 5582 N *_"rSTREET, T.X TE 202 ki.AMI• FLORIDA 37126 TELEPHONE (306)264:669 A). (.)Vj 28!•0.19 ()fIAWNPY Gift SURVEY No 1_0011631 SHEET NO OF LAND sunvE ORS -_- Sarvey of Lot; 1 Block: 4 Subdivislun: FLAGLER GARDENS_ According to the Plat thereof as recorded in the Plat Book 'No. 48 ac Page No. 1 of the public ¢ecords of MIAMI-DADE County, Florida. Property Address: 51 SW 52 CT, MIAMI, FL 33134 For: JOSE ESCALONA �:, . A� .t 1 1 ` I � 1 r_ LOCATION SKETCH Scale 1"= ,</l� �-, I a I u I o Date: 10/23/2001 /ooIS � au N - 1 CT. / ,Y ... n•„•s'r ��NA NI /!//,.9J .. AView- ” ., rwci /' r �{ A�kIRFVIATIONS AND MEANING A . ARC. F N.D.. FOUND NAIL A DISK A'C • AIR CONDITIONER PAD. FR . FRAME. A E . ANCHOR EASEMENT. FT.. FEET. �J FNIP.. FEDERAL NATIONAL AIS . ALUMINUM SHED INSURANCE PROGRAM. ASPH . ASPHALT. F N . FOUND NAIL R C . BLOCK CORNEA H .HIGH (HEIGHT) c1:DG • BUI DING IN EG . INGRESS AND EGRESS J' EASEMENT. B O B . BASIS OF BEARINGS L P.. LIGHT POLE. C -CALCULATED L F.E.. LOWEST FLOOR C B , CATCH BASIN ELEVATION. C B S . CONCRETE BLOCK L E. LAKE MAINTENANCE STRUCTURE. EASEMENT. CBW . CONCRETE BLOCK WALL '. MINUTES. CH . C. IORD DISTANCE M . MEASURED DISTANCE CHR • CHORD BEARING MON • MONUMENT. CL .CLEAR MIH • MANHOLE C L F . CHAIN LINK FENCE MIL . MONUMENT UNE. C M E • CANAL MOJNTTE14ANCE NAP.. NOT APART OF. EASEMENT. NOVO. NATIONAL GEODETIC CONC • CONCRETE. VERTICAL DATUM. C P . CONC. PORCH. N. • NORTH. C S . CONCRETE SLAB. N.T.S. r NOT TO SCALE. DE . ORAINAGE EASEL 1 D M E.. DRAINAGE MAMRENANCE GIS.. OFFSET. EASEMENT. ON.. OVERHEAD. . DRIVEWAY. O.KL.OVO0EAD UTILITY UNSS oES. ow - • +� E • EAST O.R.S. • OFFICIAL RECORD BOOK E T P . ELECTRIC TRANSFORMER PVMT.. PAVEMENT PAD. PL • PLANTER. ELEV • ELEVATION. P/L.. PROPERTY LINE. ENCR . ENCROACHMENT P.C.C.. POINT OF COMPOUND F H . FIRE HYDRANT. CURVE, F 1 P . FOUND IRON PIPE P,C -POINT OF CURVE. 0 R V J C POC.. POINT OF COMMENCEMENT ELEVATION. POB.. POINT OF BEGINNING. I fr,noT � c000 ' /—. ot. ,Y ... n•„•s'r ��NA NI /!//,.9J .. AView- ” ., rwci /' r �{ A�kIRFVIATIONS AND MEANING A . ARC. F N.D.. FOUND NAIL A DISK A'C • AIR CONDITIONER PAD. FR . FRAME. A E . ANCHOR EASEMENT. FT.. FEET. AA ALUMINUM ROOF FNIP.. FEDERAL NATIONAL AIS . ALUMINUM SHED INSURANCE PROGRAM. ASPH . ASPHALT. F N . FOUND NAIL R C . BLOCK CORNEA H .HIGH (HEIGHT) c1:DG • BUI DING IN EG . INGRESS AND EGRESS d N+ BENCH MARK EASEMENT. B O B . BASIS OF BEARINGS L P.. LIGHT POLE. C -CALCULATED L F.E.. LOWEST FLOOR C B , CATCH BASIN ELEVATION. C B S . CONCRETE BLOCK L E. LAKE MAINTENANCE STRUCTURE. EASEMENT. CBW . CONCRETE BLOCK WALL '. MINUTES. CH . C. IORD DISTANCE M . MEASURED DISTANCE CHR • CHORD BEARING MON • MONUMENT. CL .CLEAR MIH • MANHOLE C L F . CHAIN LINK FENCE MIL . MONUMENT UNE. C M E • CANAL MOJNTTE14ANCE NAP.. NOT APART OF. EASEMENT. NOVO. NATIONAL GEODETIC CONC • CONCRETE. VERTICAL DATUM. C P . CONC. PORCH. N. • NORTH. C S . CONCRETE SLAB. N.T.S. r NOT TO SCALE. DE . ORAINAGE EASEL A • 10.. NULEEFL D M E.. DRAINAGE MAMRENANCE GIS.. OFFSET. EASEMENT. ON.. OVERHEAD. . DRIVEWAY. O.KL.OVO0EAD UTILITY UNSS oES. ow - • +� E • EAST O.R.S. • OFFICIAL RECORD BOOK E T P . ELECTRIC TRANSFORMER PVMT.. PAVEMENT PAD. PL • PLANTER. ELEV • ELEVATION. P/L.. PROPERTY LINE. ENCR . ENCROACHMENT P.C.C.. POINT OF COMPOUND F H . FIRE HYDRANT. CURVE, F 1 P . FOUND IRON PIPE P,C -POINT OF CURVE. F I R . FOUND IRON ROO PT . POINT OF TANGENCY. F.F.E. • FINISHED FLOOR POC.. POINT OF COMMENCEMENT ELEVATION. POB.. POINT OF BEGINNING. P.R.C.. POINT OF REVERSE CURVE. W000 FENCE. PROP. COR.. PROPERTY CHAIN LINK FENCE. CORNER. P.B. • PLAT BOOK 0.00 X C.B.S. WALL (C.B-W.) PG . PAGE. EXISTING ELEVATIONS. PINY . PARKWAY TOWNSHIP MAPS. PRM . PERMANENT REFERENCE PROPOSED ELEVATIONS. MONUMENT P L S . PROFESSIONAL LAND SURVEYOR 3URVEYORS'B NOTES -1). IF SHOWN, BEARINGS ARE R . RECORDED DISTANCE REFERRED TO AN ASSUMED MERIDIAN. BY SAID PLAT RR . RAILROAD IN THE DESCRIPTION OF THE PROPERTY IF NOT, RES -RESIDENCE THEN BEARINGS ARE REFERRED TO COUNTY RNV.RIGHT-OF-WAY. TOWNSHIP MAPS. RAO.. RADIUS OR RADIAL. D TO UT Y�Ff��AJ9l� R P. RADIUS POINT, ROE . RANGE. 2);F SHOMM�E ATIONS ARES /✓6lAi< rS�S dA SEC.. SECTION. B as 6Wy 3/hg- ELEV. V STY.. STORY. OF N.G.V.D. OF 1929. SWK.. SIDEWALK. S I.P.. SET IRON PIPE L.B. #9044 3). TH1818 A SPECIFIC PURPOSE VAWEY. S.. SOUTH, S.N.D.. SET NAIL A DISK L8 490N. 4). THE CLOSURE IN THE BOUNDARY SURVEY IS SP.. SCREENED PORCH. ABOVE 1:7900 FT. • . SECONDS. 1 HWMY CM,rV THAT THE 70LI D RY SLOWW T.. TANGENT. OF THE PROPERTY DESCRIBED HEREON. AS Ttw.. TOWNW. fom)D 1lY SURVEM AND DRAM US W UE. • UTRLITY SASlA INT, SUPOWISIM CO&Vw6MATHM wasmu A UTIL . UTILITY. TECHNICAL STANDARDS AS SET FORTH BY U.P.- UTILITY POLE. THE FLORIDA BOARD OF PROFESSIONAL LAND ' W.M.. WATER METER SURVEYORS IN CHAPTER 61017-C FLORIDA W.F.. WOOD FENCE. ADMINISTRATIVE CODE PURSUANT W.S.. WOOD SHED. TO 472.027, FLORIDA STATUTES. e . CENTRAL ANGLE. OL W.. WEST. f g • CENTER LINE .ANGLE. V. AwIBAIIIA (DATE OF LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY (SURVEY): EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO OMFIMINE RECORDED INSTRUMENTS. IF ANY, AFFECTING THE PROPERTY. THIS SURVEY IS SUBJECT TO DEOICATKM, LIMITATIONS, RESTRICTKN/S. RESERVATIONS OR EASEMENTS OF RECORD. LEGAL DESCRIPTIONS PgCVIDF.D BY CLIENT OR ATTESTING TITLE COMPANY. Pni 140&"Y SUMIFY *AF ANt A DRAW "n A•NYOP A ORAPI+tC REPRESENTArON OF THE SURVEY WOn­ PROFESSIONAL LAND SURVEYOR NO. l:! STATE OF FLORIDA (VALID COPIES OF THIS UPIVEY WILL BEAR THE EMBOSSED SEAL OF THE ATTESTING LAND SURVEYOR). 4 ' j PZ 3 - ZONING FACT SHEET Case Number: 2002-0530 18 -Mar -02 Item 13 Location: Approx. 51 SW 52nd Court Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Jose Escalona 51 SW 52nd Court Miami, FL 33134 App. (305) 460-7860 Zoning: R-1 Single-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 rear yard setback for principal structure of 4.75' (20'-0" required), a rear yard setback for accessory structure of 6'-0" (10'-0" required) and a side yard setback for accessory structure of T-0" (5'-0" required) for a single family residence. Purpose: This will allow an employment office in the restricted commercial zoning. Recommendations: Planning and Zoning Dept.: Denial. 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: Zoning Board Resolution ZB 2002-0550 Analysis: See supporting documentation. Zoning Board: Motion to approve failed, constituting a denial. Vote: 2-5. 02- 481 March 25, 2002 Teresita L. Fernandez, Executive Secretary Planning & Zoning Department Hearing Boards Division 444 SW 2nd Avenue 7t' Floor Miami, FL 33130 RE: 51 SW 52nd Court Dear Ms. Fernandez: I am hereby requesting an appeal to the City Commission of the Zoning Board decision of March 18, 2002, which denied variances for the above -referenced property. Due to the fact that I have demolished portions of the accessory structure, I am submitting a set of revised surveys and plans depicting the current structure. Sincerely, gow a-z�� Jose Escalona 02- 481 r i Address: 51 SW 52 Ct Zoning R-1 Variance from Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, required rear yard for principal structure. Required 20 Ft. Proposed 4.75 Ft. Variance from Zoning Ordinance 11000 as amended, Article 4, Section 401 Schedule of District Regulations, required rear yard for accessory structure. Required 10 Ft. Provided C Ft. Separate Class I Special Permit required for A/C unit less than 10 Ft. from property line. i nese variances consists of legalizing after the fact, a rear addition to the principal structure and a rear setback for an accessory structure. 02- 481 ANALYSIS FOR VARIANCE Approx. 51 SW 52nd Ct. CASE NO: 2002-0530. Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Variance has been reviewed as follows: Variance for rear setback: Variance for rear yard for accessory structure: Variance for side yard for accessory structure: The following findings have been made: Required - 20.0' Proposed - 4.75' Proposed - 10.0' Required - 6.0' Proposed - 5.0' Required - 3.0' • It is found that there is no hardship to justify the requested variance. The lot is over- sized, having an area of 6,600 Sq. Ft., where a standard lot in the R-1 Single Family Residential zoning district typically has only 5,000 Sq. Ft. • It is found that the addition, as constructed, is excessive and out of proportion with the existing residence and could easily accommodate more than the permitted one dwelling unit. • 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 addition and accessory structure for which a variances are sought, results in a overbuilt lot with an overall effect that makes the subject site ap- pear crowded. Additionally, encroachment into the setbacks deprives the adjacent property owners of their rightful visual separation. • It is found that the subject lot has been developed, to some extent, without the benefit of building permits; this is a self-imposed hardship and should therefore not be con- sidered a valid justification for any encroachment. Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. 02- 481 ANALYSIS FOR VARIANCE CASE NO. 2002-0530 Yes No N/A ❑ © ❑ Special conditions and circumstances exist which are peculiar to the property. ❑ 7 ❑ Special conditions are result of petitioner's actions. ❑ © ❑ Literal interpretation of ordinance causes undue hardship on petitioner. ❑ © ❑ Granting variance conveys same treatment to owner. ❑ W ❑ Variance, if granted, is the minimum variance for reasonable use of property. ❑ 0 ❑ Is in harmony with general intent and purpose of ordinance. ❑ ❑ ❑. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 02- 4 81 .Miami Zoning Board Resolution: ZB 2002-0550 Monday, March 18, 2002 Mr. Georges. Williams offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD MADE A MOTION TO APPROVE WHICH FAILED, CONSTITUTING A DENIAL OF VARIANCES FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A REAR YARD SETBACK FOR PRINCIPAL STRUCTURE OF 4.75' (20'0" REQUIRED), A REAR YARD SETBACK FOR ACCESSORY STRUCTURE OF 6'0" (10'0" REQUIRED) AND A SIDE YARD SETBACK FOR ACCESSORY STRUCTURE OF 3'0" (5'0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 51 SOUTHWEST 52ND COURT, LEGALLY DESCRIBED AS LOT 1, BLOCK 4, FLAGLER GARDENS (49-1), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by Mr. Angel . Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers No Mr. Joseph H. Ganguzza Away Mr. Charles A. Garavaglia No Ms. Ileana Hemandez-Acosta No Mr. Humberto J. Pellon No Mr. Juvenal Pina No Mr. Allan Shulman Away Mr. Angel Urquiola Yes Mr. Georges Williams Yes Ms. Fernandez: Motion carries 2-5 AYE: 2 NAY: 5 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 2 Teresita L. Femandez, Chief Department of Planning and Zoning Hearing Boards Divicinn Case No.: 2002-0530 Item Nbr: 15 4 %82 N *L"rSTREET. SLI TE 202 1 - 1 4 LUAU. FLORIDA 33126 SURVEY No. TELEPHONE (306) 2N .'860 :AY. (YY)2fA-0129 ava 0untimpill �Ur. A [IRAWN t+v LAND SURVEYORS SHEET NO OF no Survey JL :Mot: i Block: 4 Subdivislon: FLAGLER GARDENS;,_ According to the .Plat thereof As recorded in the at Page No. 1 of the public ir-ecords of MIAMI-DADE • #_ Property Address: 51 SW 52 CT, MIAMI, FL 33134 For: JOSE ESCALONA Plat Book No. 48 County, Florida. LOCATION SKETCH Scale t' =,60 • P'''- O���Vpj�O I VM A 4 •1 N •i � i I 1 FT.. FEET. A'R . ALUMINUM ROOF. FNIP.. FEDERAL NATIONAL MS • ALUMINUM SHED ;; w L� F.N.. FOUND NAIL. R C . BLOCK CORNER. H.. HIGH (HEIGHT). o •- r fv rn Date: 10/23/2001 ill VN.7.. FOUND NAIL & DISK A'C • NR CONDITIONER PAD. ro N AE. ANCHOR EASEMENT. FT.. FEET. A'R . ALUMINUM ROOF. FNIP.. FEDERAL NATIONAL MS • ALUMINUM SHED I v ASPH.. ASPHALT. F.N.. FOUND NAIL. R C . BLOCK CORNER. H.. HIGH (HEIGHT). o IN. & EG.. INGRESS AND EGRESS 8 W »BENCH MARK ''1 B O B • BASIS OF BEARINGS. LP.. LIGHT POLE C -CALCULATED L.F.E.. LOWEST FLOOR tP A 4 N � so' N A R1 1 i A ioo� .ID ii 1 CL -CLEAR. CT. ,Hr .., n•.u.r � SZ M4 /sie.r� .. AVf. _. .- rN'/[r7/1 97!•t't7 ACRD r� •i VN.7.. FOUND NAIL & DISK A'C • NR CONDITIONER PAD. FR . FRAME., _ AE. ANCHOR EASEMENT. FT.. FEET. A'R . ALUMINUM ROOF. FNIP.. FEDERAL NATIONAL MS • ALUMINUM SHED INSURANCE PROGRAM. ASPH.. ASPHALT. F.N.. FOUND NAIL. R C . BLOCK CORNER. H.. HIGH (HEIGHT). o IN. & EG.. INGRESS AND EGRESS 8 W »BENCH MARK ''1 B O B • BASIS OF BEARINGS. LP.. LIGHT POLE C -CALCULATED L.F.E.. LOWEST FLOOR tP A 4 N -i� Z y R1 U i A w N 4. CL -CLEAR. MOH ' MANHOLE C L F.'CHAIN UNK FENCE. MIL. MONUMENT UNE. C M E . CANAL LWNTENANCE N A.P.. NOT A PART OF. EASEMENT. NOVD.NATIONAL GEODETIC CONC . CONCRETE. VERTICAL DATUM. C.P . CONC. PORCH. N.. NORTH. C. S -CONCRETE SLAB. N.T.S.-NOT TO SCALE. Of . DRAINAGE EASEMENT • - NO.. NUMBER. DME.. DRAINAGE MAMRENANCE O/S.. OFFSET. EASEMENT. I r O.M.L ■ OVERHEAD UTILITY LINER 7_ OV14 • • -.E • EAST. O.R.B. ■ OFFICIAL RECORD BOWL E T P . ELECTRIC TRANSFORMER PVMT.. PAVEMENT. PAD. PL . PLANTER. ELEV . ELEVATION. P& . PROPERTY UNE. ENCR.. ENCROACHMENT. P.C.C.. POINT OF COMPOUND F H . FIFE HYDRANT. CURVE. F 1 P.. FOUND 01" PIPE. P.C.. POINT OF CURVE. FOUND IRON ROD, PT.. POINT OF TANGENCY. tl POC. • POINT OF COMMENCEMENT ELEVATION. POB. • POINT OF BEGINNING. n- � 1- I 7 Mnovr �'.�• co is...ot ,Hr .., n•.u.r � SZ M4 /sie.r� .. AVf. _. .- rN'/[r7/1 97!•t't7 ACRD r� •i VN.7.. FOUND NAIL & DISK A'C • NR CONDITIONER PAD. FR . FRAME., _ AE. ANCHOR EASEMENT. FT.. FEET. A'R . ALUMINUM ROOF. FNIP.. FEDERAL NATIONAL MS • ALUMINUM SHED INSURANCE PROGRAM. ASPH.. ASPHALT. F.N.. FOUND NAIL. R C . BLOCK CORNER. H.. HIGH (HEIGHT). BLDG. -BUILDING IN. & EG.. INGRESS AND EGRESS 8 W »BENCH MARK EASEMENT. B O B • BASIS OF BEARINGS. LP.. LIGHT POLE C -CALCULATED L.F.E.. LOWEST FLOOR C S • CATCH BASIN. ELEVATION. C B S . CONCRE i E BLOCK L. M E.. LAKE MAINTENANCE STRUCTURE. EASEMENT. COW - CONCRETE BLOCK WALL. ' . MINUTES. CH - CHORD DISTANCE. M.. MEASURED DISTANCE. CH B "CHORD BEARING MON . MONUMENT. CL -CLEAR. MOH ' MANHOLE C L F.'CHAIN UNK FENCE. MIL. MONUMENT UNE. C M E . CANAL LWNTENANCE N A.P.. NOT A PART OF. EASEMENT. NOVD.NATIONAL GEODETIC CONC . CONCRETE. VERTICAL DATUM. C.P . CONC. PORCH. N.. NORTH. C. S -CONCRETE SLAB. N.T.S.-NOT TO SCALE. Of . DRAINAGE EASEMENT • - NO.. NUMBER. DME.. DRAINAGE MAMRENANCE O/S.. OFFSET. EASEMENT. OH.. OVERHEAD. �■ DRIVEWAY. O.M.L ■ OVERHEAD UTILITY LINER o DECREES. " OV14 • • -.E • EAST. O.R.B. ■ OFFICIAL RECORD BOWL E T P . ELECTRIC TRANSFORMER PVMT.. PAVEMENT. PAD. PL . PLANTER. ELEV . ELEVATION. P& . PROPERTY UNE. ENCR.. ENCROACHMENT. P.C.C.. POINT OF COMPOUND F H . FIFE HYDRANT. CURVE. F 1 P.. FOUND 01" PIPE. P.C.. POINT OF CURVE. FOUND IRON ROD, PT.. POINT OF TANGENCY. F.F.E. • FINISHED FLOOR POC. • POINT OF COMMENCEMENT ELEVATION. POB. • POINT OF BEGINNING. P.R.C.- POINT OF REVERSE CURVE PROP. OOR. ■ PROPERTY CORNER. P.B.-PLAT BOOK. PG. • PAGE. PWY . PARKWAY. PRM . PERMANENT REFERENCE MONUMENT. P.L.S.. PROFESSIONAL LAND SURVEYOR. R.. RECORDED DISTANCE. RR.. RAILROAD, RES.. RESIDENCE 1 FGFND TYON`JI " WOOD FENCE. CHAIN LIW FENCE. 0.00 X C.S.S. WALL (C.S.W.) EXISTING ELEVATIONS. 0.00 PROPOSED ELEVATIONS. 1). IF SHOWN. BEARINGS ARE REFERRED TO AN ASSUMED MERIDIAN. BY SAID PLAT IN THE DESCRIPTION OF THE PROPERTY, IF NOT, THEN BEARINGS ARE REFERRED TO COUNTY RAN.. RIGHT-OF-WAY. TOWNSHNP MAPS RAO.. RADIUS OR RADIAL. R.P.. RADIUS POINT. 2) IF SHOWN. E MEAMN TO ROE : RANGE. /V641,04_ 9FSu' S/a SGd SEC.. SECTION. B.M.A 64N �Y /�_ ELEV.- STY. • STORY, OF N.G.V.D. OF 1929. SWK ■ SIDEWALK S.I.P.. SET WON PIPE L.B. 88044 S.. SOUTH. S.N.O. • SET NAIL 6 DISK LB -89W SP.. SCREENED PORCH. T.. TANGENT. THIP.. TOM04W. U.E.. UTILITY EASEMENT. UTIL . UTILITY. U.P.. UTILITY POLE. WW.WATER METER. W.F.. WOOD FENCE. W.S.. WOOD SHED. A . CENTRAL ANGLE. W.. WEST. ■ CENTER LINE �- . ANGLE. LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY (SURVEYr E%MIMWATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED FrSThtAM1ENTS: IF ANY, AFFECTING THE PROPERTY. THISSUINEY IS SULIECTTO DEDICATIONS• UWTAT10NS• RESTRICTIONS. IKBERMAYIONS OR EASEMEKTS OF RECORD. LEON. OPTIONS PRO"OED BY CLIENT OR ATTESTMKH TITLE COMPANY. BO(INOARY SURVEY MEANS A DRAWING AND/OR A GRAPItIC REPRESENTATION OF TI$ SURVEY WOm, 3). THIS IS A SPECIFIC PURPOSE SURVEY. 4). THE CLOSURE IN THE BOUNDARY SURVEY IS ABOVE 1:7500 FT. 1 HERESY CERTIFY- THAT TMS'BOUNDARY SURVEY' OF THE PROPERTY DESCRIBED HEREON, AS RECENTLY SURVEYED AND DRAWN UDDER MY SUP 9WISIONL COMPLIES VOW THE MBNMNUM - TECMNCAL STAN OAFDS AS SET PORIH BY THE FLOIBDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER SIG17-C FLORIDA ADMINSTRATIVE CODE PURSUANT TO 472.027. FLORIDA STATUTES BY: geQ RSW IBAIBRA (DATE OF PROfE8I3M.NW. LAM SURVEYOR NO..Z S STATE OF F7 W DAL NAUD OOPIES OF THIS WILL SEAR THE EMBOSSED SEAL OF THE ATTESTING LAND SURVEYOR)• 02- 481 51 SW 52 COURT Code Enforcement Case: 01-20403 Violation(s): WORK rnMPLETED WITHOUT A FINALIZED PERMIT History: 09/20/2001 -NOTICE OF VIOLATION ISSUED 09/30/2001 -COMPLY DUE DATE AS OF 03/01/2002- CASE IS OPEN AND NOT COMPLIED; NO RUNNING FINES; NO HEARING DATE 02- 481 ADDH ACTION L SCR )D +/- - CL,..PLAINT TRACKING MODULE DOCUMENT HISTORY SCREEN COMPLAINT: 0120403 COMPL STATUS: O NC DATE: 09/18/2001 ADDRESS: E - 51 SW 52 CT NET: 09 ROW: N BOARD: C COMPL TYPE: 513 ILLEGAL UNITS VIOLATIONS: 1504 1513 ---SERVICE---- PAGE 1 (24) SEL DOC TYPE SEQ DOC DATE TYPE DATE STATUS COMPLY DUE HEARING NOV 01 09/20/2001 C 09/25/2001 A 09/30/2001 00/00/0000 NO MORE DOCUMENTS FOUND ADVI SECURITY ACTION L SCR `D +/- + PAGE 1 0120403 1504 COMPLAINT TRACKING MODULE (33) C VIOLATION MAINTENANCE SCREEN COMPLAINT NO: 0120403 TYPE: 513 STAT: 0 NC BOARD: C CASE NO: REF NO: 1504 COMPLY DUE 09/30/2001 COMPLIED DATE TKT TIME ADDRESS: E- 51 SW 52 CT TKT DATE TICKET NO: TICKET FINE: MAINT BY: FM1 DATE: 09/19/2001 STATUTE: C DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 09/19/2001 VIOLATION DESC: WORK COMPLETED WITHOUT A FINALIZED PERMI STATUS: A T LEGAL DESCRIPTION: FLAGLER GARDENS PB 48-1 PRIM: LOT 1 ELK 4 SD1: LOT SIZE 60.000 X 110 <MORE> OVERRIDE: CUSTOM VIOLATION / CORRECTION TEXT CLARIFICATION: CORRECTION: PRESS <XMIT> TO CONTINUE 02-- 481 �`/ w � V 9• 1 2 4 S MII •A �+ ♦ V o es A H'7 2! / 27 • 73 72 71 T O q as 67 Go e as 3!j e _ n 0 1 02 N.W. 4 ma N lit AWN. �y Go N �• IF f ' �(j Is To i7 J6 Tf soil •2 e3 e1 K ST • 6110 91 f2 !! 21 6 f• 9• 10 s �j • N.YK�srwelP, 4 ST. 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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) 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 (f) 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. ®2, 4S.' PLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW 2n4 Avenue, 7ti' Floor • Miami, Florida 33130 Telephone 305416-1480 • Fax 305416-2035 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 I, JOSE ESCALONA 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 51 c _ w _ =;2 C'm Miami gam,-; eia , I'Ai 14 , folio number -0}at=n6_ni 2-0820 Nature of proposed use (please be speck): — 1. Three original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Two 11 x17° 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'/2 x 11" copy of the signed plans attached to this application. Rev. 12/06/01 02- 481 5. An 8 Y2 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 $ .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. 12/06/01 02- 481 12. The Variance request is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follows: 13. What is the purpose of this variance? cga eq.f I4 Wj--cFFi q3ffE G1.1Y AF ?jI-AMI 14. 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. Notre: 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.) I'M WILLING TO COOPERATE WITH THE CITY OF MIAMIFIX ANYTHING NECESSARY. DUE TO THE NECESITY OF HAVING A SHED TO PUT ALL MY WORKING MATERIALS.I BUILT THAT HRED BUT MY INTENTIONS WERE NOT IN DOING SOMETHING ILLEGAL.I ONLY INTENT TO KEEP MY FAMILY FROM HAVING ANY ACCIDENTS. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: AS I MENTION BEFORE, THIS ADDITION IS ALREADY BUILT.TT IS VERY IMPORTANT FOR ME TO USE MY HOUSE.THIS IS MY HOMESTEAD. (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: THE ADDITION TAKES PART OF THE REAR SET BACK. IT IS NE_ CESSARY FOR ME TO GET THIS VARIANCE APPROVE, SI I CAN CONTINUE THE USE OF MY HOUSE. (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 AGREE WITH EVERYTHING AND I AM WILLING TO COOPERATE IN ANY WAY I CAN Rev. 12/06/01 3 02- 481 (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: YES ONE OR TWO FEET IS THE MINIMUN VARIANCE POSSIBLE THAT WILL SOLVE THE INCONVENIENCE OF THE ISSUE. (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: THIS SHRED IS LOCATE AT THE REAR PART OF THE HOUSE,TB THERE IS NO VIEW FROM THE STREET AND IT KEEP THE HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THE ZONING ORDINANCE AND WILL NOT BE INJURIOUS TO THE NEIGHBORHOOD IN ANY WAY. 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. Rev. 12/06/01 Signature _T„ny EcCgT.()MA Name a704zE ESt-AT () STA Address c., s Wg? -i- Telephone 3E)S 6E) :; o ra q Date 82 aq 2902 2 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing in§jr:lment was acknowledged before me this 6 day of ` "- fl 20_06t--, by :10sy- o,{js¢ who is an individual personally known to me or who. has produced as identification and who did (did not) take an oath. (Stamp) f JJ Sig xsio # 89?Zp,► rJ9*ee Jan. 2OW uenw dod Thry d+ng a... Inc. ir,ttmete,�+�,it+r,e,�•r�+r,t+tr*,r�r*t+t+te* ,k+k,kt,�rf,r STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing ins rument was acknowledged before me this 6 day of V�V 20 , by JOS 9- 675 e4%,04 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) STATE OF FLORIDA COUNTY OF MIAMI-DADE Sig ature . 21, Tbru ��' ++• �� �� Atlantic ndin C i:o., Inc. The foregoing instrument was acknowledged before me this ( day of4U 20-Qjg=_, by � b5' 041.¢ partner (or agent) on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. 010 (Stamp) SigKaturea BOMW 7%= %V'01__AUAa"0 Both e Co., Inc. 5 oz- 481 e AFFIDAVIT Before me, the undersigned authority, this day personally appeared Tom; E s c a Z on a , 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 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. 4-GC(X �a� �5 @,aL��l -- Applicant Name _(Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 6_ day of TA D 20_2_2�_, by who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Si natur Au.. 0&a Rev. 12/05/01 2 OWNER'S LIST Owner's Name 10SE UcCar MIA Mailing Address r 3 s.w 5.2 et M=11XT RT, Zip Code 33134 Telephone Number 305 460-7860 Legal Description: Lorr I. Iii RT.nru a _ nF PT.Ar.T RR GARDENS, ACCORDING TO THE PLAT BOOK NO.48 OF THE PUBLIC RECORDS OF E OF DADE COUBTY,FLORIDA Owner's Name Mailing Address Zip Code Telephone Number Legal Description: 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 Legal Description Nour Street Address Street Address Rev. 12/06/01 C Legal Description Legal Description 0:2- 481 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: lot 1,in block 4, of flagler gardens, according to the plat therefor,as recorded in plat book 49,at nage 1,of the public records of dade county,florida 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. JOBE ESCALONA 100E 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. none JOSE ESCALONA Owner or Name 3Wner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 6_ day of 20DZ by who is an individu I personally known to me or who has produced as identification and who did (did not) take an oath. 4A44 (Stamp) Sigma gAtlenU;.d - * inc Rev. 12/05/01 02- 481 17694N 1383 9 7 R 2 8 S 1 9 4 1997 JUH 27 15:28 DOCSTPDEE 672.00 SURTX 0.00 HARVEY RUVINt CLERK DADE CDUNTYt FL THIS INDENTURE, made this 26th day of June, 1997, BETWEEN: ARMANDO D. RODRIGUEZ and MYRIAM V. RODRIGUEZ, his wife of the County of Dade, in the State of Florida, parties of the first part, whose post office address is: 1508 S.W. 103rd AVENUE, MIAMI, FLORIDA 33174 AND: JOSE ESCALONA, a married man of the County of Dade, in the State of Florida, whose post office address is: 51 S.W. 52nd COURT, MIAMI. FLORIDA 33134 parties of the second part. WITNESSETH: That the said parties of the first part, for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars and other valuable considerations, to them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said parties of the second part their heirs and assigns forever the following described land situate in Dade County, Florida, to -wit: Lot Number 1, Block Number 4, of FLAGLER GARDENS, according to the Plat thereof, recorded in Plat Book 48, Page 1, of the Public Records of Dade County, Florida Subject to: 1) Purchase Money Mortgage to Seller in the principal amount of $70,000.00. 2) Zoning ordinances, easements, reservations and restrictions of record. 3) Taxes for 1997 and subsequent years. PAGE 1 OF 2 02- 481 )ap REC.1 7694P61384 AND the said parties of the first part do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the said parties of the fi set their hands and seals on the date above no e deliv d in our resence: NAME: AR7760 D. ROD NAME : j 4t,IZ; A , MYRI RODR STATE OF FLORIDA COUNTY OF DADE t part have hereunto Signed, sealed and L. S. 0 L. S. The foregoing instrument was acknowledged before me this 26th day of June, 1997, by: ARMANDO D. RODRIGUEZ and MYRIAM V. RODRIGUEZ, his wife, (�/) who are personally known to me or ( ) who have produced OFFICIAL NMARYSF.AL MARL► RPJM NOTARY PUBLIC SPATE OF FLORIDA COMMIMN NO. CC547�U1 MY ODI OUSSION EXP. APL I MY COMMISSION EXPIRES: THIS INSTRUMENT PREPARED BY: CARLOS R. BUSQUETS, ESQ. 782 N.W. LE JEUNE ROAD, SUITE 632 MIAMI, FLORIDA 33126 as identification. NOTARY PUBLIC M 1\e, A PRINT NAME: PROPERTY APPRAISER'S PARCEL IDENTIFICATION #:01-41-06-013-0820 GRANTEE S.S. NO. 592-01-5116 NAME: JOSE ESCALONA PAGE 2 OF 2 RECORDED XV-OFFCCAAL RECORM a00/C OF DAVECOUNfY FLORA k RECORD VERIFIED HARVEY RUVIN CLW CIRCW C04W 02-481 Address: 51 SW 52 Ct Zoning R-1 Variance from Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, required rear yard for principal structure. Required 20 Ft. Proposed 4.75 Ft. Variance from Zoning Ordinance 11000 as arrended,=Article 4, Section 401 Schedule of District Regulations, required rear yard for accessory structure. Required 10 Ft. Provided C Ft. Variance from Zoning Ordinance 11000 as amended, r,rticle 4, Section 401 Schedule of District Regulations, required side yard for accessory structure. Required 5 Ft. Provided 3 Ft. Separate Class I Special Permit required for AIC unit less than 10 Ft. from property line. 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