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Home My WebLink AboutR-02-1308J -02-979(b) 12/12/02 RESOLUTION NO. 02-1308 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING IN PART THE APPEAL, AND REVERSING IN PART 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 FRONT YARD SETBACK OF 13.80' (20.0' REQUIRED) BUT DENYING THE REQUEST TO PERMIT A REAR YARD SETBACK OF 7.65' (20'00" REQUIRED) FOR A TWO-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 320 NORTHWEST 32ND COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," 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 September 09, 2002, Item No. 8, following an advertised public hearing, adopted Resolution No. ZB 2002-0606 by a vote of six to three (6-3), denied 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 13.80' (20.0' required) and a rear yard setback of 7.651(2010" required) for a two-family residence as hereinafter set forth; and -C,'= C' WDUM-ON MEET= CW DEC 1 2 2002 02-1308 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 justify reversing the decision of the Zoning Board in part and granting the variances requested in part; 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 in part the appeal, and reverses in part the decision of the Zoning Board (Resolution No. ZB 2002-0606, adopted September 09, 2002), 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 floor area ratio of 10,346 square feet (10,200 square feet maximum allowed), to allow a front yard setback of 13.80' (20.0' required) but denying the request for a rear yard setback of 7.651(2010" required) for a two-family residence for the property located at approximately 320 Northwest 32nc1 Court, Miami, Florida, legally described in attached "Exhibit A," subject to a Page 2 of 3 02-1308 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 12th day of December , 2002. MANUEL A. DIAZ, MAJOR ATTEST: PR SCILLA A. TfiOMPSON CITY CLERK APPROVED AgoOM. EASM AkjjpOCORRECTNESS : O VILARED O ATTORNEY 05:YMT:smg� i� 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 02-1308 PROPERTY ADDRESS: 320 NW ,id COURT, MIAMI, FLORIDA .e • EXHIBIT `, LEGAL DESCRIPTION LOT 2 OF TWELFTH STREET MANOR FIRST ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13 10 .7 13 IV t IN 12 II O O O 7 �. t.. ,:x S � V �e�S Ie.11 • Q 1 *A 100 !� I y3 z r 1 7 = .P 2 3 Q r _ f n r? j,, Se So i7 5:i - 7 14 u w -3 51 _ c. T LOCATION SKETCH SCALE: 1"=300' No--S: -LA-'40S SHOWN HEREC-04 VF -RE NCT ABSTRACTED, THLREFDP,E THIS SURVEY IS SUBJECT TO EASEIAENTS. RICHT OF WAYS, MID OTHERS MATTERS WHICH MIGHT BE R-- ECTED N A SLARa+ OF TITLE TO THE SVB,ECT urns. -HO ATTEMPT WAS MADE TO LOCATE I:NDERCkOUND FOOTINGS OF ANY STRUCTURE -THIS SUP.VEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE EMPTY (ENTTES) NAJA0 HEREON IN THE CERnFICArON ASID DOES NOT Of END TO A ANY UNNAMED PAPTY. -THIS DP.A•*hf. IS T. -,E PROPERTY OF A FIORE AND kSS=ATES. INC. AVD SHALL NOT BE L'SO OR P-EPROOUCED IN "HOLE OR IN PART WITHOUT PEP.M:SSION OF A. FIORE AND ASSOCA,�S, INC. 125 IN BLOCK 3 AT PAGE 67 .Q eJ Olt I LJ J� Li E� Y�3 z Jl P =Y :3 Y Y oY��yy}y-y bb sYC'" u -<3i =YZo Pi oeSf�•�a��W� 1� \ cluY iooaa aaaai A. FIORE AND ASSOCIATES, INC. WLLCODPWAX�°"'��"`� MBEAR ,HE EMBOSSED MAL OF THE ATTESTING LAND "Vc- 7t LAND SURVEYORS LAND PLANNERS 921 S.W. 122nd Avenue, Miami, Florida 33134-2406 4 PH. (305) 221-3040 t0 I HETREBY CERTIFY THAT Trac BOUNDARY SURVEY OF THE PROPERTY DESCR,BED rHETSEON IS TRUE ASHD CORRECT TO THE BEST OF MY I mow.EDCE AND BFlIfS AS m RECEWILY SURVEIED AND DRAWN UNDER MY SAPERVt!WK THIS SONCY COtIPLesWITHrJ PRO S MINIMUM TECHrwCAI. STANDARDS SET FORTH BY THE FLORIDA BOARD OF ANTONIO FIORE f% o O PROFESSIwAL LANo SURVEN'DRS IN CHAPTER 6,617-6 FLowDA AONR+57RAnvE PROFESSIONAL LAND SURVEYOR No. 5184 /( CODE. PURSUANT To SECTION 4:7.0.7 FLORDA STATUTES STATE OF FLORIDA SCALE I'#= ,20 DRAWN BY: I REFERENCE: FIELD BOOK: 02 _0Z 58 DATE: Del- 03 -OZ Vf z Y C3 Z `� rg _.iE¢7d�� .. .. r ►r ��J>t Y><Q Li ca w O: a FOOD E EVADON INFOPMATION: H? j DA c OF FIRM: 03'02- qdr WWI COU IUNITY No:/20(pS FAN L•yI%-T SUF FOL j— 1;1-i-. ` < XX ZONE: EASE FLOOD ELE'VA%Uv: IUTA • • , A. FIORE AND ASSOCIATES, INC. WLLCODPWAX�°"'��"`� MBEAR ,HE EMBOSSED MAL OF THE ATTESTING LAND "Vc- 7t LAND SURVEYORS LAND PLANNERS 921 S.W. 122nd Avenue, Miami, Florida 33134-2406 4 PH. (305) 221-3040 t0 I HETREBY CERTIFY THAT Trac BOUNDARY SURVEY OF THE PROPERTY DESCR,BED rHETSEON IS TRUE ASHD CORRECT TO THE BEST OF MY I mow.EDCE AND BFlIfS AS m RECEWILY SURVEIED AND DRAWN UNDER MY SAPERVt!WK THIS SONCY COtIPLesWITHrJ PRO S MINIMUM TECHrwCAI. STANDARDS SET FORTH BY THE FLORIDA BOARD OF ANTONIO FIORE f% o O PROFESSIwAL LANo SURVEN'DRS IN CHAPTER 6,617-6 FLowDA AONR+57RAnvE PROFESSIONAL LAND SURVEYOR No. 5184 /( CODE. PURSUANT To SECTION 4:7.0.7 FLORDA STATUTES STATE OF FLORIDA SCALE I'#= ,20 DRAWN BY: I REFERENCE: FIELD BOOK: 02 _0Z 58 DATE: Del- 03 -OZ ZONING FACT SHEET Case Number: 2002-0590 09 -Sep -02 Location: Approximately 320 NW 32nd Court Legal: (Complete legal description on file with the Hearing Boards) Applicant: Jorge and Romelia Lecourtois 320 NW 32nd Court Miami, FL 33125 (305) 642-4305 Zoning: R-2 Two-family Residential ITEM PZ 10 Item 6 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 front yard setback of 13.80' and a rear yard setback of 7.65' (20'-0" required) for a Two Family Residence. Purpose: This will allow an existing two family residence with lesser setbacks than required. Recommendations: Planning & Zoning Dept.: Recommended denial. Public Works: No comments. Plat and Street Committee: N/A. Miami -Dade County: No comments. Enforcement History, If any Case No: N/A. Found N/A. Violation(s) N/A. Ticketing Action: N/A. Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded CEB Action: History: Analysis: See supporting documentation. Zoning Board Resolution: ZB 2002-0606 Zoning Board: Denied the variances. City Commission: N/A. Last Hearing Comply Order Vote: 6-3 02-j308 LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 JEFFREY BERCOW 200 SOUTH BISCAYNE BOULEVARD BEN J. FERNANDEZ MIAMI. FLORIDA 33131 MICHAEL W. LARKIN GRAHAM C. PENN TELEPHONE (305) 374-5300 MICHAEL E. RADELL FAX (305) 377-6222 MARK A. ROTHENBERG JANA K. McDONALD OF COUNSEL DIRECT LINE: (305) 377-6229 E-MAIL: GPENN@BRZONINGLAW.COM VIA HAND DELIVERY September 23, 2002 Ms. Teresita Fernandez, R.A., A.I.C.P. Executive Secretary rQ. Planning & Zoning Department Hearing Boards Division City of Miami Riverside Center ` 444 SW 2nd Avenue, 7th Floor Miami, Florida. 33130 RE: Application for Variance of Setback Requirements 320 NW 32nd Court Dear Ms. Fernandez: This law firm represents Mr. Jorge Lecourtois, ("Applicant") with respect to the referenced property. Pursuant to Section 2002 of the City of Miami Zoning Code, this letter shall serve to appeal the Zoning Board's denial on September 9th, 2002. The Applicant intends to submit a revised site plan to the Department of Planning and Zoning that will eliminate the need for the rear setback variance and will be within the scope of the plan considered by the Zoning Board. Accordingly, the Applicant requests that the hearing on the appeal not be scheduled for consideration by the City Commission until staff has had an 02-1308 Ms. Teresita Fernandez September 23, 2002 Page 2 opportunity to review and comment on the revised site plan. We will provide the Zoning Hearings Section with the revised plan shortly. Should you have any questions or comments, please do not hesitate to contact me. BF/bl S' ely, Ben Fernandez BERCOw & RADELL 02-1208 PROFESSIONAL ASSOCIATION ANALYSIS FOR VARIANCES 320 NW 32 Court CASE NO: 2002-0590. 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 rear yard setback: Required - 20.0' Proposed - 13.80' Request to waive - 6.2' Required - 20' 0" Proposed - 7.65' Request to waive —12.35' The following findings have been made: ' • It is found that there is no hardship, which justifies the after -the -fact variances requested in this application. The lot is a standard lot in the R-2 "Two -Family Residential" zoning district with 5,000 Sq. Ft. • It is found that the additions, as constructed, are excessive and out of proportion with the original structure and could accommodate more than the permitted two dwelling units. • It is found that by developing the lot in the manner reflected in the plans submitted, the property owner has derived undue benefits under the Zoning Ordinance. • It is found that encroachments into the setbacks deprive 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. 02-1308 ANALYSIS FOR VARIANCE 02-1308 CASE NO. 2002-0590 Yes No N/A ❑ ❑O ❑ Special conditions and circumstances exist which are peculiar to the property. 0 ❑ ❑ Special conditions are result of petitioner's actions. ❑ ❑v ❑ Literal interpretation of ordinance causes undue hardship on petitioner. ❑ ❑� ❑ Granting variance conveys same treatment to owner. ❑ ❑� ❑ Variance, if granted, is the minimum variance for reasonable use of property. ❑ 0 ❑ Is in harmony with general intent and purpose of ordinance. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 02-1308 P room !qSCC�._ mCC��9�CCC •�� ,�SaPm��®-M, o ► ST. • e r s' e e 4! W > 23 • . 38 u Q rs a ra r= roe • w ' 7 e of 10 e a 'mAAPmA r I1121�, MOOREcs�mso • •. to rz .r . z rs re r7 o ► ST. • e r s' e e 4! W > 23 • . 38 u Q rs a ra r= roe • w ' 7 e of 10 e a 'mAAPmA r a MOOREcs�mso • •. to rz .r . z rs re r7 S �imAU MW OW SM =111111 NAPTPei f0i 120 a��A �d®dA • ®M,M� ��A�ogAAA� ®= W ��AA t� a --[Alums N. W. - ST. 2T a 1e rC ; Mf 2!• • • . • 4 t 46 . 14 is Ia i2 Ir 7 1010 • ! t4 • ++ , _ r z a+ e e �•• .• • t r: ,r ,e �+a ,o +a,: � � 4 • T rr o .• lu�w®= Mm MM �APgp� l =AN"&. Poo r a MOOREcs�mso • •. to rz .r . z rs re r7 :00111111 N. W. - ST. 2T a 1e rC ; Mf 2!• • • . • 4 t 46 . 14 is Ia i2 Ir 7 1010 • ! t4 • ++ , _ r z a+ e e �•• .• • t r: ,r ,e �+a ,o +a,: � � 4 • T rr o .• lu�w®= Mm MM �APgp� l =AN"&. Poo Fu LA zM NITA r a 4 a .17 3 r• a ,a • •. to rz .r . z rs re r7 Fu LA zM NITA KBILLm EM Is 111211 a op. Inc 41F 11410 "! C:MP®GM_ -ae NO_ 11101111011111 Loma' iff USE !Alk rH I �il 4741 ev� _M ; NIUE �4 r z 3 0 9 S 4 11111,4M.11111� 1111111111 :00111111 KBILLm EM Is 111211 a op. Inc 41F 11410 "! C:MP®GM_ -ae NO_ 11101111011111 Loma' iff USE !Alk rH I �il 4741 ev� _M ; NIUE �4 r z 3 0 9 S 4 1111111111 �meaa�maaae KBILLm EM Is 111211 a op. Inc 41F 11410 "! C:MP®GM_ -ae NO_ 11101111011111 Loma' iff USE !Alk rH I �il 4741 ev� _M ; NIUE �4 r z 3 0 9 S 4 9 u l - t Mr pay VOA - k a �. _, "a low v Vim most z gam.: � :g, "y",w•'�v'�At �� 1.�'"�' 's`�� .�. SSC - � ^�� .+'R �. 4 ;y��.-,� � %w '�% ..q,-��+'.,!'�itt.3+ �n =. '� TkfC � '�'�� w ✓ "� 1 `4Y ��".'M' 0,0 evil Au 07, OVA L J- 14 irp BM MV,qx IjI i I 14, ow _.,fix Ly '50 - took i� '�o..,01 PLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW 2nd Avenue, 7"' Floor • Miami, Florida 33130 true► euro is to Telephone 305-416-1480 • Fax 305-416-2035 ;441 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 JORGE LECOURTOIS & ROMELIA (W). 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 320 NW 32 COURT, MIAMI, FL, 33125 , folio number 0 1-4101-024-0070 Nature of proposed use (please be speck): TWO FAMILY RESIDENCE.- (DUPLEX) 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 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 % x 11" copy of the signed plans attached to this application. Rev. 05!14 02-1308 5. An 8 Y2 x11" copy of all exhibits that will be presented at the hearing hall 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 properly owner within five hundred (500) feet of the subject property. Rev. 05/14/02 2 02-1308 12. The Variance request is for relief from the provisions of Section 401= of the City of Miami Zoning Ordinance as follows: Front setback: 20.0 feet required, 13.80 feet existing. Rear setbak: 20.0 feet required, 7.65 feet existing. 13. What is the purpose of this variance? The Legalization of existing residential additions at front (open porch) and at rear (utility -room). 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? - NONE. - 15. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? - NONE. - 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 some zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) The existing one story CBS DUPLEX, is consistent with the neighborhood characteristic. (b), The special conditions and circumstances do not result from the actions of the petitioner in that: The current owner Mr. Lecourtois, purchased this property approx. 4 years ago and received the existing building with the front and rear additions. (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 front and rear setbacks required 20.0 feet, and the existing are 13.80' at front (69.0%) of the required and 7.65' at rear (38.25%) of the required, and this condition do not represent any harship for the public or neighbors. (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: It is a common practice, the adjustment of'the existing setback in the District. Rev. 05/14/02 3 $' ... (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: Since the structures are existing at front &at rear of the property, these variances are required to may keep the existing structures. (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: None, the existing structures do not affect in any way the neighborhood or the public welfare. 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. X Signature Xkdmsl--10� Name Jorge Lecourtois & Romelia (W) Address 320 NW 32 Court Miami, Florida, 33125 305-642-4305 HOM Telephone 786-385-7152 CEL Date 06 JUN 2002 Rev. 05/14!02 4 02-1308 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 06 day of. 20 02 ,by Jorge Lecourtois & Romelia (W). who is personally known to me or who has produced n a. - identification and who did (did not) take an oath. (Stamp) sA.o � y':;. �4000 za =��•�.�:a�r'g. x,2003 04111 i STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this 20 , by corporation, on behalf of the produced (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE day of of a corporation. He/She is personally known to me or has as identification and who did (did not) take an oath. JUNE an individual as Signature The foregoing instrument was acknowledged before me this day of 20 , by 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. (Stamp) Rev. 05114/02 5 Signature 02-308 JORGE LECOURTOIS & ROMELIA (W). - 320 NW 32ND COURT. — MIAMI, FLORIDA, 33125. — PHONE: 305-6424305 HON. — 786-385-7152 CEL PROPOSED RESIDENTIAL LEGALIZATION FOR JORGE LECOURTOIS & ROMELIA (w). - 320 Nw 32ND CT, MIAMI, FL, 33125 06 JUN 2002 CITY OF MIAMI PLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION P.O. BOX 330708 MIAMI, FLORIDA, 33233-0708 SUBJECT: Proposed Residential Lejalization for Jorge Lecourtois and Romelia (W). Situated at: 320 NW 32 Court. —Miami, Florida, 33125 Dear Hearing Board: Approximately 4 years ago, we purchased the captioned property as is, with the existing front (open porch) addition and the rear (utility room/storage) addition. — This year we received a City notification with complains of the existing illegal additions, and at this moment we would like complete the legalization of them. For that we need the granted of the NON-USE variances in the setbacks affected by the captioned additions. Should you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, ORGE LECOURTOIS. — Owner ROMELIA (W). - Owner 02-1308 OWNER'S LIST Owner's Name JORGE LECOURTOIS & ROMELIA (W) Mailing Address 320 NW 32 Court, Miami, Florida Zip Code 33125-4115 Telephone Number 305-642-4305 HOM. - 786-385-7152 CEL Legal Description: Lot 2, Block 3, of TWELFTH STREET MANOR FIRST ADDITION, Plat Book 5, Page 67, Miami -Dade County, 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 n/a.- Street Address n/a.- Street Address n/a.- Legal Description Legal Description Rev. 05114102 `'008 AFFIDAVIT Before me, the undersigned authority, this day personally appeared JORGE LECOURTOIS & ROMELIA (W), 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, Xincluding responding to day to day staff inquires; O 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. Jorge Lecourtois Applicant Name 7 STATE OF FLORIDA COUNTY OF MIAMI-DADE Romelia (W) Applicant Signature The foregoing instrument was adbefore me this 06 day of JUNE 20_22 , by Jorge Lecourtois & Romelia (W). *ft is an individual personally known to me or who has produced N/A - as identification and who did (did not) take an oath. ,Esther Psyes . (Stamp) s isMuZ�#CC987 0 4&es Jaa 26, 2005 Bonded Thm Ir,. Rev. 12/05/01 Miami Zoning Board Resolution No.: 2002-0606 Monday, September 09, 2002 Mr. Juvenal Pina 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 DENIED THE 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 FRONT YARD SETBACK OF 13.80' AND A REAR YARD SETBACK OF 7.65'(20'0" REQUIRED) FOR A TWO-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 320 NORTHWEST 32ND COURT, LEGALLY DESCRIBED AS LOT 2, BLOCK 3, TWELFTH STREET MANORS FIRST ADDITION (5-67), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. Fredric B. Bums WiRW�d MqO' Yes Mr. Charles J. Flowers No Mr. Joseph H. Ganguzza No Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta Yes Mr. Humberto J. Pelson Null Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola No Mr. Georges Williams Yes AYE: 6 NAY: 3 ' ABSTENTIONS: 0 NO VOTES: 1 ABSENT: 0 Ms. Fernandez: Motion carries 6-3 PAP IM 1, r AV. I tLM-d WiRW�d MqO' I �_� i . 2WW ON - _'_ L � - W, Teresita I Fernandez, Executive Secretary Department of Planning and Zoning Hearing Boards Division Case No. 2002-0590 Item Nbr: DISCLOSURE OF OWNERSHIP ft 1. Legal description and street_aiidress of subject real property: Address: 320 NW 32 COURT.- MIAMI, FLORIDA, 33125 Legal: Lot 2, Block 3, of TWELFTH STREET MANOR FIRST ADDITION, Plat Book 5, Page 67,Miami-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. JORGE LECOURTOIS and ROMELIA (W). 320 NW 32 COURT.- MIAMI, FLORIDA, 33125. - Phone:305-642-4305HOM 786-385-7152 CEL 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. - Jorge Lecourtois aria Romelia Lecourtois (w) Owner or Attorney for r Name Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 06 day of June 2002 'by Jorge Lecourtois & Romelia (w) who is an individual personally known to me or who has produced N/� - a8 identification and who4W (did not) take an oath. (sump) Eeher Reyes Com rdw�i=1 CC 987250 L—tzim Ssn. 26,2= Pounded Tbrn Rua.121MI 02-x308 320 N W 32 COURT 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 13.80 feet Request to waive 6.2 feet VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, required rear yard to legalize existing additions. � 1 McPhee Zoning Inspector II Required 20 feet rear yard setback Proposed 7.65 feet Request to waive 12.35 feet 9-1 --I) �P' Date 02 PLANS REVIEW � IKY�A�YLLYOm.KObM.C.A..YLYAY.Aa1O.JAAYE b...eA.I.Y....r.uN.... uoummNs.mrbm Y11��Ypp.�.6.AC0f.RbRLCILYILYYOY,NN.Oi1YLLYfIWO>LlOA04C Y 1. 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NunYA,® tr... yAr2..Y.1 ..A.rr.iAlr . NmYY.............. �. .YM .,YNf.e•YW .. .................... f1NImN1I1f0ttwlf� ,IYNs sm . INNI............. MIAYYNffi. ■ .w�llp•� .tNN1AM,AN ° I.YMIWIw iMQINNI YIIiN11MM W1Rmm! mev dae �N v . Iab,AYA...._ s1 wouus.YVm1 Lll�i�t � n�w�NrrbwN.svre�N t 3iIWm','Y1lTi7. s�.r�.IN< A7ma„ma7N YNrsrT:,�mN�{Y��IRNNms.b o1u I rYN+1YYY nm1.0i a mr:n N,11/l:.t a wna.w.s.un.•.mlrme�rmroaW pNnNrbmNawNwfar Iaryft°IY�lL IAwWOmT s�iY,�i [� at�iY°Rwssr�®m® AYNMNAImr.Am M rlrnbrAr �,a,Naa,Ns rA .an,.oama.n � P•WIwAAWIaq msi l�m r »rr_r—� err mrroml ®+ao y ■O11�01m AAlaYmA � 9 .�irua. i .umar� mA \ aormaac®a � IF <• P+401mmaYOYC9l , �„a maem •u. mn mnm n CaW rr—_—r rrr—_� mws ■a aC0 pa 1a0 l i F ®W mn VVV W � V O () mmA a .l ilia�e� k • 1pp�eH7 _) I 1p A.O ��4i {Oil omamA••ImYmp � .®mace WNI. YYGGGi1s66� G*+ ��-asnxor•mw 6aA � .®flla CawALL--r_rrr�—rrrrr— Pwwmroauorm. aVe As PmauiN� � r•r � w•ax4 � � .aumoum�paA�w•a. 1 Ir ••1 ••.l Irl la:par maramroauox� .v 2 a 1 ao This instrument premral by: Manuel N. Arvew \43.:jel M. Arvesu nr (�% Q [�y' 2,21 Ponce De l.eon$Ivd.,Suite 920 REC.18259PEW9 9:BR437051 1995 SEP 03 13:02- M®mi, Florida 33134 ISpace Above This Line For Recording Data] Warranty Deed DOCSTPDEE 1050.00 5URTX 757.50 (Statutory Fora' - FS 699•02) HARVEY Rl1VIN r CLERK DADE COUNTY r FL This Indenture, Made this 31st day of August, 1998 between Jose A. Ruiz and Estrella Ruiz, husband and wife of the County of , Party of the first part to Jorge Lecourtois and Romelia Durand, 1�"d k w.✓re. of the second Part and whose postoffice address is 320 N.W. 32 Court Miami, Florida (whenever used herein, nue terms "Foal Part' and 'Second Part' shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the contest so admits or texpires.) Witnesseth: That said Party of the first part, for and in consideration of the stun of $10.00 and other good valuable considerations receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Party of the second Part, all that certain land situated in Dade County, Florida, to wit: Lot 2, Block 3, of TWELFTH STREET MANORS, FIRST ADDITION, according to the Plat thereof, as recorded in Plat Book 5, Page 67, of the Public Records of Miami -Dade County, Florida. together with an undivided share in Common Elements appurtenant thereto. (For Information Only: Property Appraiser's Parcel Identification Number is 014104-024-0070 Subject to: Conditions, restrictions, limitations and easements of records, if any, applicable zoning regulations and taxes for the year 1997 and subsequent years. Together will, all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the tide to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1997. In Witness Whereof, written. Signed, sealed and delivered in the presence of: Print Witntess Name the said grantor has signed and sealed these presents the day and year first above Jose A. Ruiz Address:433 NW 33 Avenue Miami, Florida Estrella Ruiz Address:433 NW 33 Avenue Miami, Florida STATE OF Florida ) )SS COUNTY OF Dade ) NES w r vu.. rm res rr�u FIARVEY WON I hereby certify, that on this day, before me, an offer duly authorized in the'State aforesaid and in the County aforesaid to take acknowledgments, personally appeared: Jose A. Ruiz and Estrella Ruiz, husband and wife who produced ti=n t = 6b j= as identification and who did I did not take an oath. Witness my hand and official seal this 31st day of August, 1998. Cf A 040 nv Ma>ggie Salus Zc �i y yuUiic Sate of Florida i4 Crnmru A- No. 3fl�1 1 NO Y P C yi '�awc� 64v G«rc+iaian FatR < 1-a041TXJTAP.`.' - P:. •a'+af�^�r� ardistG• r . Jorge and Romelia Lecourtois 320 N.W. 32nd Court Appeal of Denial of Variance Application Miami City Commission December 12, 2002 BERCOW be RADELL PROFESSIONAL ASSOCIATION Submit,�^d Into thez PUbl 6 nn ong City Clerk 02-1308 Table of Contents Photos of Lecourtois Home Survey of Property Portion of Zoning Map Showing Property Photos Showing N.W. 32 Court Near Property Analysis of Roads 100 Feet or Wider Tax Card for Property BERCOW & RADELL PROFESSIONAL ASSOCIATION Tab Number 1 2 3 4 5 6 record i City Clerk 02-1308 AL _+�._ - ItYy Wool1 ! �d X � y ` F.R. NO 10. F.R. NO l0. F.R. f NO 10. F.R. NO 10. F.R. NO 10. BLOCK T �^ CORNER l 50.00' i S! 4* `• }?^tri 1L.: s =. Priscilla A. City Clerk 02-1308 - PROPERTY ADDRESS: J ti','i. 327c: COURT, M11 -'A11 , FLO,:;__-),`, 3312tz LEGAL DESCRIPTION LOT 2 IN BLOCK 3 OF TWELFTH STREET MANOR FIRST ADDITION ACCORDING TO THE PLAT T ,EREOF, AS RECORDED IN PLAT BOOK 5 AT PAGE 67 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 6U (poi:. blci 2-5 "��G .•�".. I .. 1 .. 1 .. IAo J". W !a T I 13 10 •� 13 ILI W JI— �, t.\ ,i 1 � v ,07.5 1•i I �, o oTT C4 1 9..,t I ] � e 2 LJ x) Lo 304 5t. _ LOCATION SKETCH SCALE: 1"=300' NOT -ES. c TMEREFORE THIS %JRWf IS SJSJECT O -LILANDS 9.401'" H�R_ON s� NOT ABSTRACTED. TO EASc7AENTS. RIGHT OF NAYS. AND OTHERS WATT -ERS wH104 WIGHT BE krMECTEO M A FLOODri cyATl�l•1 INFORMATION: OF TITLE TO THE SUB.ECT LANDS -40 ATTEWPT WAS WADE TO LOCATE UrOERMOUHO FOOTINCS OF ANf STRUCTURE. DAIS OF F1RA1: O3 -OL- 9F4 -THIS SURVEY HAS BEEN PftEPAA= FOR THE E?(CLUST�.-.- USE OF THE ENTITY (ENTITIES) COLI4UNIrY NO:1z0&S'O NA+0E. HEPFCN IN THE CERTIFICATION AND OO£S NOT 0(TEIO TO A ANY UNHAMEr^ PA?TY. FA.NEL. (�1�� $(JrF'X:�T -THIS ORA" a IS r-�, PROR�RTf CF A Flar?E ANO ASSO�:.ATES, INC ANO SHALL NOT 9E ZONE: )( BAS•`. FLOOD ELE�'A'Otd: AI/A USED OR fz?ROOUCEO IN w -40-E OR IN PART M(THOUT V"_W'S5;ON OF A FIORE ANO ASSO17A`.& NC. i C z :g 5 -. T! V aaQ •=W044d O2iJ aeaaaaaa►i N 2 3 0 2 3 u � Sgr�s $eE �u�7,Vu2uu • v > .••,.j..��•6 C Rf s C � fl a gI eat= ru�Ai.i,'+V P ig;-V �CC�tii VAX A. FIORE AND ASSOCIATES INC. �EAaTMG say yE,AR THE E1+BCSSt7 Sr_AL 7 CF THE Ai:,SflNC LAND SJWI-- .3! LAND SURVEYORS LAND PLANNERS r 921 S. W. 1 22nd Avenue, Miami, Florida 331 S4-24Ctj .�'d n �e�b�lt PH. (305) 221-3040recorF 1 HEREBY CERTIFY THAT his BOUNDARY SURVEY CF THE PRCPf.R TY DES.'>a>&.D � )'C"t HIRQH fS TRUE AND CORRECT TO TME BEST OF WED Y KNO+ACE AND BO F AS ern m Z RECENTLY SURNETED AND DRArw UNDER WT SJPOrASIC L TICS SLQ%' Y COMPLIES WTH THE WfRWVW TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF ANTONIO FIORE PROlESSIC7HAL LAPQ SURVEYCPS IN CHAPTER 61017-6 FLORIDA AOWC+STRAnre PROFESSIONAL LAND SURVEYOR No. 5184 City Cie CAE PURSUANT TO SECTION 427,17 FLORDA STATUTES STATE OF FLORIDA i SCALE DRAWN 8Y: REFFRENCE: FIELD BOOK: OZ -OZ 7 DATE: Qcl - 03--61 Z 02-1308 C r 4 View of NW 32nd Court South From NW 4th Street Toward Lecourtois Home vices ui v4YV 3L L.ourt Nortn trom NW 4"' Street Submitted Into the public record in connection with item L - t d on 1.>0) - Priscilla A. Tho pson 02-130S City Clerk Other Streets in City of Miami That Are Officially 100 Feet or More in Width (Source: Code Section 54-190) 1. N.W. 9th St. from N.W. 1 st Ave. to NW 2nd Ave. 2. S.W. 22nd St. from S.W. 13th Ave. to West City Limits 3. N.W. 7th Ave. from N.W. 79th St. to North City Limits 4. N.W. 12th Ave from N.W. 11 th St. to N.W. 20th St. 5. 27th Ave. (Unity Blvd.) from South Bayshore Dr. to North City Limits 6. N.W. 42nd Ave. (Le Jeune Rd.) from Flagler St. to North City Limits 7. Biscayne Blvd. From N.E. 6th St. to N.E. 12th St 8. Brickell Ave. from S.E. 5th St. to S.E. 8th St. 9. Coral Way from S.W. 13 Ave. to West City Limits 10. South Bayshore Dr. from Aviation Ave. to McFarlane Rd. Submitted Into tbo public re=d in core, w,..« item ID c y I y o >- Priscilla A. Yfi City Clerk 02-1308 ;Q WNW , - NW 27th Avenue -100 Foot Road per Code I NW 32"d Court -100 Foot Road on Zoning Map Submitted Into the public record in connectio with item �'�� on Pris�A. Thompso 1-1 City Clerk 02-1308 02-1308