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HomeMy WebLinkAboutR-01-1238J -01-396(b) 10/04/01 0 RESOLUTION NO . �j 121 3 (3 • A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, 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, TO ALLOW A SIDE AND REAR YARD SET BACK OF 4.3' 0" (5' 0" REQUIRED SIDE YARD) AND 7' 0" (20`0" REQUIRED REAR YARD) FOR AN EXISTING SINGLE FAMILY HOME FOR THE PROPERTY LOCATED AT APPROXIMATELY 131 FLAGAMI BOULEVARD, MIAMI, FLORIDA, LEGALLY DESCRIBED ON "EXHIBIT A," ATTACHED HERETO AND MADE A PART HEREOF, CONDITIONED UPON A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of September 10, 2001, Item No. 2, following an advertised public hearing, adopted Resolution No. ZB 2001-0461 by a vote of seven to one (7-1), denying a request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow a side and rear yard set back of 4.3' 0" (5' 0" required side yard) and 7' 0" (2010" required rear yard) for an existing single family home; and CITY COM ISSION .. R KEETymn OF TT A C Va MENR Ir5l CON TAMED 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 recommendation 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 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 hereby grants the appeal, and reverses the decision of the Zoning Board (Resolution No. ZB 2001-0461, adopted September 10, 2001), thereby granting a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow a side and rear yard set back of 4.3' 0" (5' 0" required side yard) and 7' 0" (2010" required rear yard) for an existing single family home located approximately 131 Flagami Boulevard, Miami, Florida, legally described on "Exhibit A," attached hereto and made a part hereof, conditioned upon a time limitation of twelve (12) months in which a building permit must be obtained. L� 0 Section 3. This Resolution shall become eff=ective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 15th day of November , 2001. JOE CAROLLO, MAYOR did not IndEcate apnr0v.' In accordance NWO •,,;. becomes rjogardilIg Satre, W&IOUs 'i 3a ATTEST: WALTER J. FOEMAN CITY CLERK APPROVEDVAS )7V FAM AND CORRECTNESS: V,V ILA O C RNEY W57: smg '-� 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. [ # `>r'`'•' ':'r���` � X11 . g,, t: t1W G� ryt-r A?" Afit \•rp 1�j(/a 1 G✓ r\/�� c$y, 00 T`r �i_ ,{L 11T1' �' t h., f, ¢J � ` (� ///I l 11� p 1, �Vl' �� �' i•� '}i� 4 p�..-f�1T, � hi1',t , ' C' ` � `J _ ' i • .M1j' fr' ♦ 1' • y . .. (1 , ' � �_ [\ ,�.� �'V,G, .r,; �+�Fa `P .t��,� � �,(u-\.�[L 4� 4e� \ \ .''`� fr1 * `J -I r �d, i•.� � "� aH,�i`M •+ ;;J'a��k�' ! .�p'�` '[\{� I �a �� \ �,4 t�.�J\a \�� � o �^�� � +o � rS � }I >�•}-4y ,fL :si r moo' ,'•.I1� �y. 1�'%' �, r" 2 `-" �>-r%2r 37n.'�eZ - - - • . L i , �, s .. nf.Tr.. c`f'. of �.62..5r7. LOCATION SKETCH N. T. S. 1) FLDt o ZONE- X PANEL: 0170 J COMMUNITY NO: 120635 DATE OF MAP: 03-02-94 LEGAL DESCRIPTION: Lots 34 and 35, Block 6, FLAW. according to the Plat thereof, 2) THERE MA)- -.3E ADDITIONAL RESTRICTIONS THAT ARE NOT SHOM ON as recorded in Plat Book 10 at Page 51 of the Public Records of Dade County, Florida. 14S SURVF THAT NAY BE FOUND IN THE PUBUC RECORDS OF THIS CWN TY 3) EXAMINATIOF, OF ABSTRACT OF TITLE WILL HAVE TO BE MADE TO SURVEY FOR: BE CALVO DETERMINE 11,--0131DED INSTRUMENTS, IF ANY. AFFECTING PROPERTY 131 FLAGAMf BLVD 4) LOCATION AS'.' IDENTIRCAT)ON OF UTIUTILIES, IF ANY ARE SHOWN MIAMI, FLORIDA #1 OWNERSHIP IS S SUBJECT DEDOPINION PLAT l HEREBY CERTIFY: That the SKETCH OF SURVEY of the above captioned 5) OMHERSHIP I`• SUBJECT TO OPNfuON OF TITLE 7} TYPE OF SUR •rY: BOUNDARY SURVEY property was completed under my supervision and/or direction, to the best of my 7 LEGAL DESCR17'T10N: FURNISHED BY CLIENT knowledge and belief. This survey meets or exceeds the Minimum Technical Standards 8) THIS SURVEY ; NOT VALID NTHOUT THE SIGNATURE AND THE set IOU by the Florida Board of Land Surveyors in Chapter 61G-17-6 Florida OWNAL RAI'a1) SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Administrative Code. Pursuant to Section 472.027, Florida Statutes. S) THIS PLAN OF ,,-URVEY, HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF PIF ENTITLE; NAS HEREON. THE CERTTRCATE DOES NOT EXTEND LTA tURV Y INC TO ANY UNNAII� PARTIES 1O) UNDER,;ROUND .�11UT1ES ARE NOT DEnCTED HEREON, CONTACT THE DELTA SURVEYORS, INC. APPROPRIATZZ A-WORITY PRIOR TO ANY DESIGN WORK OR 13205 SW 137TH AVENUE /-c �� CONSTRUCTION '*1 JI PROPERTY HEREIN DESCRIBED. SURVEYOR RANI, WALDO F. PAEZ ITE 225 SHILL BE NOW0 DEVIATION FROM UTILITIES SHOYNJ FLORIDA 331ti6 REGISTERED LAND SERVE HEREON. PHONE: 305-253-09Og NO. 3284 FAX: 305-253-0933 CERTIFICATE OF AUTHORIZA ON FIELD SURVEY DATE: 01-03-01 SCALE: 1"= 20' DRAWN BY: PAP DRAYNNG DATE: 01•-,14-01 FB: 200 PG: 23 DRAWING N0: 01-100X STATE OF FLORIDA 0.0 D-;PaOTEE EXISTING ELEVATION ELEVATION REFERS TO N. G. V. D. BENCHMAO: N-3225 ELEVATION 11.26' LOCATOR INREX: FLAGLER AND 72dn AVENUE 3-27-01 elevatiOn 11 Case Number: 2001-0447 • ZONING FACT SHEET 10 -Sep -01 Item No: Location: Approx. 131 Flagami Blvd. Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Eliodoro Jacinto and Evangeline Del Calvo 131 Flagami Blvd. Miami, FL 33144 App. Ph: (305) 261-0838 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, Required east side and rear yard setback for an existing structure, to allow a side yard setback of 4.3' (5'-0" required) and a rear yard setback of T-0" (20'-0" required) for a single family residence. Purpose: This will allow the existing addition to a single family residence. Recommendations: Planning Department: Denial Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: Last Hearing Date: Found: Violation(s) Cited: Please see attached. Ticketing Action: Dally 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: ZB 2001-0461 Zoning Board: Denial City Commission: N/A Comply Order by: Vote: 7-1 PZ -5 9 d kkR I BEGUiRYSTAYN, Al Attorney at Law 13368 SW 128th Street Miami, Florida 33186 Phone: (305) 251-2302 • Pax: (305) 252-7392 September 24, 2001 Ms. Teresita Fernandez City of Miami Office of Hearing Boards 444 SW 2nd Avenue, 7 t Floor Miami, FL 33130 Re: Appeal of Zoning Board Decision on property Known As 131 Flagami Boulevard, Miami, Florida 33144 Owner: Eliodoro Jacinto Del Calvo and Evangelina Del Calvo Dear Ms. Fernandez: My clients appeal the denial of their application for a variance by the City of Miami Zoning Board, dated September 10, 2001. Mr. & Mrs. Del Calvo are entitled to a variance on their property because there would be no harm to the surrounding area. The minimum requirement for green space pursuant to the zoning regulation is 15% of the property. With the variance granted that my clients are seeking, my clients would maintain a 22.9% green space area, which by far exceeds the minimum amount. Additionally, the maximum building footprint according to the regulation is 40%. As stated in the survey which was attached to the application for variance, upon the granting of a variance the building footprint would be 36.83% which is well below the maximum footprint. The only variance that is requested to be granted is a setback variance. The subject property has an odd shaped lot. The front lot width is 50' while the rear lot width is only 49'. This brings up a side setback problem due to the placement of the building on the property. While at the front of the property there is a full 5' setback on the left side, towards the back of the building the setback drops to 4'3". A mere 9" difference from the required 5'. This problem arises due to an odd shaped lot, which is a valid reason for granting a variance. The next problem is the rear setback. The code requires a 20' setback. My clients have requested in the application for a variance to allow for a 7'3" setback. The setback regulations are made to ensure that none of the neighboring properties are affected by the property in question. This variance, if granted, would in no way affect the owner of the property to the rear of Mr. & Mrs. Del Calvo's property. Attached you will find a copy of a letter from Mr. Jose A. Garcia who resides at 180 Tamiami Blvd., which in pertinent part states "this [sic] changes do not affect us or our property". JI -12 38 0 Ms. Teresita Fernandez September 24, 2001 Page 2 At minimum, a variance to accommodate a 10' setback should be granted to my clients so that they will not be forced to tear down the entire extension on the property. The owners of all three of the adjacent properties to my clients' property have given their consent in writing to allow for the variance as requested. The reasons for the setback zoning regulations are to protect adjacent owners of property from the undesirable use of one's own property. In this case, it is clear that the adjacent owners do not feel that there is any detrimental affect on their properties. This fact in and of itself should take any decision making out of the zoning board's hands and the zoning board should acquiesce to the neighboring property owners' authorization. Please contact my office so that we may schedule a meeting before the Miami City Commission in reference to this appeal. Since Iuiristain the Applicants MJB/mj Enclosures A JEP-24-2001 02:52 ASI 30 10838 30526438 P.02 September 16, 2001 City of Miami To Whom It May Concern: This letter is;ta inform you at T, wJ o g;, P te° YC- l with residence at r-- [�•� l,Z, have agree an giving permission to W. Eliodoro del Calvo and Evangelina dei Calvo to use my name in their request to you allowing the changes made at 131 Flagami Boulevard to stay. This changes do not affect us or our property. Sincerely 0- .. sEP-24-2001 02:52 Ali 3 610838 3052838 P.03 September 16, 2001 City of Miami To Whom It May Concern: This letter is to inform yoll that with residence at have agree on giving permission to Mr. Eliodoro del Calvo and Evangelina del Calvo to use my narne in their request to you allowing the changes made at 131 Flagami Boulevard to stay. This a changes do not affect us or our property. A Sincerely Signature: y . iEP-2.4-2001 02:53 AM 1&52610838 301W 10838 P.04 TO Whom It may Concern: with resideme at ou "t -pe Xliodoro This letter is to i agm on gi ing nnimion to NIT my tuna in their request to YOU aOwing the changO del Calvo �njTyj�gelifla del CRIVO to USO made. at 131 Fisprixi Blvd to stay. This changes do not affect us or our property - Sincerely W. �2 .40 y 12 3 8 ANALYSIS FOR VARIANCES 131 Flagami Blvd. CASE NO: 2001-0447. 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 side setback: Required - 5.0' Proposed - 4.3' Variance for rear setback: Required - 20.0' Proposed - 7.0' The following findings have been made: • It is found that there is no hardship which justify the after -the -fact variances requested in this application. The lot is oversized, having an area of 5,500 Sq. Ft., where a stan- dard lot in the R- I Single Family Residential zoning district typically has only 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 dwelling unit. • 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. 208 i-• ANALYSIS FOR VARIANCE CASE NO. 2001-0447 Yes No NIA ❑ 0 ❑ Special conditions and circumstances exist which are peculiar to the property. W ' ❑ ❑ Special conditions are result of petitioner's actions. ❑ © ❑ Literal interpretation of ordinance causes undue hardship on petitioner. ❑ k ❑ Granting variance conveys same treatment to owner. ❑ ❑ W Variance, if granted, is the minimum variance for reasonable use of property. ❑ W ❑ Is in harmony with general intent and purpose of ordinance. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ J0 0 M iami'Zoning Board 0 Resolution No.: 2001-0461 Monday, September 10, 2001 Mr. Allan Shulman 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, REQUIRED EAST SIDE AND REAR YARD SETBACK FOR AN EXISTING STRUCTURE, TO ALLOW A SIDE YARD SETBACK OF 4.3' (5'0" ' REQUIRED) AND A REAR YARD SETBACK OF 7'0" (20'0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 131 FLAGAMI BOULEVARD, LEGALLY DESCRIBED AS LOTS 34 AND 35, BLOCK 6, FLAGAMI (10-51), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by Mr. Rodolfo de la Guardia, the motion was passed and adopted by the following vote: Mr. Rodolfo De La Guardia Mr. Charles J. Flowers Mr. Joseph H. Ganguzza Mr. Charles A. Garavaglia Ms. lleana Hernandez -Acosta Mr. Humberto J. Pellon Mr. Juvenal A. Pina Mr. Allan Shulman Mr. Angel UrquMa . Mr. Georges Williams Yes No Yes Yes Away Yes Yes Yes Away Yes AYE: 7 NAY: 1 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 7-1 Case No. 2001-0447 rA LT 'W", ,, ff__ f A 11 TeTesita L: Fernandez, Executive Secretary Department of Planning and Zoning Hearing Boards Division Item Nbr: 2 ZONING BOARD A N ON pET11iON FOR VARIANCE 'b_ m1Lmst an Agenda Its # y be Section (GRANTED) in that the tzquirements of I903.1 (WERE) (WERE NOT) satisfied by relevant evidence in the record of the public heariug. (a) as stated in the City's f nds or fact, or (b) as demnonsbued by the petitioner, or (c) on the basis of the following; The Zoning Board shall make findings that all ofthe mqui... is and Standards of Section 1903.1 (HAVE BEM (HAVE NOT BEEN) demonstrated. CHECKONE (a) SPecial condmons and M=nMnm fE M73 (DO OUCH NOT EXIM which am peculiar to the T =T'EME T build* involved and which am not end' le to other or lands, � etttrM � b ' applicable to other mldmP m the same zoning dtstm I) as stated in the City's finding$ of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: (b) The sP=W conditions and aircumstanccs (DO) (DO N07) rmh from the actions of the petitioner —�. 1) as sorted in the City's findings of fact 2) as demansmuW by the petitioner -- 3) tri otheaWM stated below: (c) Literal inumn don of the movie.. of ice (WOULD) (WOULD NOT) deprive the applicant of dgbts cots OWY eA OYW by other properties m the smw UnIng dMet under the tem of the tatting ordinumm and the womb umxesmry► and undue hmdsWp on 1) as stated in the CWS fmdion of fact 3) ams o� bYbellowthe petitio°asor jj-2S8 (d) Grutng the vat requested (WILL) (WiL.L NOT) convey the snare went to the iadividuaa owner as to S me wner of Other lettds. buildings, or s is the I) as stated in the City's findings of fact 2) as the ddolm 3) as off' a stated bow ------------- ie) S =Pesmd MILL) MM.L. NOT} convey the Stme v=mMew denied by the zoning oWing. to 'FAIVIlege thet is other !m the Same inning �* buUdidiap disbicL M If granted the v (WILL M (W]].L NOT BE) is Amy with the general itttant mdpmpm of the zoning ad will gat be fidmiam to the =dghborhocd. Or °durwm deu==W m the public wrHm,ee �- 1) as stated is the City's 8adir4p ofjK= 2) as did by the mitiom 3) as otherwise stated below: sig a Agenda Item Date �--- 7� cac, „ R momP , � �/ ��orion p WAIF, ms 010 AM EkW” ®� Booms` e w H N S.W. T1 V b Asa y w �i a ea J � ao .m s _ -.11-CMILEER�� zsra.E SR.1 SZEBROS $� ..*a AR[I�IRgH YIAlI11YC M AR £BJiue TAMiAMI PI _A7A LEDI INDUSTRIAL SUB. E TRACT 'A" EVERGLADES Su tr A LEJERA AMD. tr. A —F._ E, _c_,Ft.R.< I oil ;fip- N W 1i, u r MIAMI u ROBERT s f i 1 AM I 0 131 FLAGAMI BLVD Code Enforcement Case No: 00-21157 Violation(s): WORK COMPLETED WITHOUT A FINALIZED PERMIT History• 1110612000 -NOTICE OF VIOLATION LETTER ISSUED 11/1512000 -COMPLY DUE DATE AS OF 8/20/2001 CASE IS OPEN AND NOT COMPLIED NO HEARING DATE SCHEDULED; NO RUNNING FINES I- 1.23 3 LFIQ C I T Y O F M I A M ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: 0001 FOLIO 40020031760 ADDRESS 1.31 FLAGAMI LEGAL: 1) FLAGAMI PB 10-51 2) LOT 34 & LOT 35 ELK 6 3) LOT SIZE 50.000 X 110 LIEN NO TYPE STATUS DATE SELECT ACTION: 1—INQ NO MORE RECORDS BLVD UNIT 4) OR 12259-1665 0884 1 5) COMP / ACCTNO FRONTAGE COST/AMT DUE io ENTER ACTION 1 XMIT ��-1238 ADBD SECURITY ACTION L SCR •D +/- PAGE 1 0021157 OMPLAINT TRACKING MODULE (35) BOARD MAINTENANCE SCREEN COMPLAINT: 0021157 TICKET BOARD: C $5000 FLAG: N LIEN FLAG: OWNER NAME: ELIODORO DEL CALVO &W EVANGELINA STAT: 0 NC PEND LIEN: EXACT ADDR: 131 FLAGAMI BLVD NET: 9 CERT LIEN: ASSIGNED: Z LM LOURDES . MEDINA REF NO: CERT BY: CASE NO HEARING DATE OUTCOME INSTALLMENTS APPEAL: DATE DEADLINE PER DIEM: 2ND PARTY NAME: CAP: ADDR DADE CNTY LIEN: BOOK FROM PAGE CITY STATE ZIP TO PAGE REMARKS: ADMIN BOARD FEE COST CURR BALANCE: TOTAL DUE: ADMIN. BOARD RECORD NOT FOUND EXPENSES FINE BOARD STATUS: CALL TOTAL PER PER DIEM DIEM ADJ ADVI SECURITY ACTION L SCRODD +/- + PAGE 1 0021157 1504 COMPLAINT TRACKING MODUL (33) C VIOLATION MAINTENANCE SCREEN COMPLAINT NO: 0021157 TYPE: 511 STAT: 0 NC BOARD: C CASE NO: REF NO: 1504 COMPLY DUE 11/15/2000 COMPLIED DATE 97KT TIME ADDRESS: E- 131 FLAGAMI BLVD TK9' DATE TICKET N0: TICKET FINE: MAINT BY: LM DATE: 11/03/2000 STATUTE: C DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 11/03/2000 VIOLATION DESC: WORK COMPLETED WITHOUT A FINALIZED PERMI STATUS: A T LEGAL DESCRIPTION: FLAGAMI PB 10-51 PRIM: R1 LOT 34 & LOT 35 ELK 5 SD1: LOT SIZE 50.000 X 110 <MORE> OVERRIDE: CUSTOM VIOLATION / CORRECTION TEXT CLARIFICATION: CORRECTION: PRESS ¢XMIT> TO CONTINUE ADDH ACTION L SCR OD +/- - COPLAINT TRACKING MODULE DOCUMENT HISTORY SCREEN COMPLAINT: 0021157 COMPL STATUS: O NC DATE: 11/02/2.000 ADDRESS: E - 131 FLAGAMI BLVD NET: 09 ROW: N BOARD: C COMPL TYPE: 511 ILLEGAL CONSTRUCTION VIOLATIONS: 1504 ---SERVICE---- SEL DOC TYPE SEQ DOC DATE TYPE DATE STATUS COMPLY DUE NOV 01 11/06/2000 C 11/08/2000 A 11/15/2000 NO MORE DOCUMENTS FOUND PAGE 1 (24) HEARING 00/00/0000 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) 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. CITY OF MIAMI OFFICE OF HEARING BOARDS 444 SW 2"d Avenue, 7'h Floor * Miami, Florida 33130 Telephone 305-416-2030 * 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 CIT' HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. 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. RESOLUTION RECORDATION COST IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. wwwwwwwwWwt*.t!**wWwlww!!***wvrwwwlwwwwwww**w*ww,�wwkwwwwlw**w*+.**ww**!w*wwwlw*w*ww*ww*!w*ww**www*wwwwww*w***w*wwwwwwwwr:wr*wwwwe*r,►ww 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 spaces, off- street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). I,_-ELLODORQ_ JACINTO DEL CALVO AND EVANGELINA DEL CALVQ , hereby petition the City of Miami Zoning Board for a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting properfu Incated at � 1_ _E I a gA i -8a u 1 e v a r d Miami, Florida 33144 , folic number 01-4002-003-1760 Nature .of proposed use (please be specific): T h e s t r i i r t„ r a ,.r a s h u;• 1 el a ,a f o r r a 7 a t i v -e s to reside in the premises, and assist me to care disable husband and mother. 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. Three original plans, 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 Office of Hearing Boards 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. 11 —1238 5. An 8 '/ 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 375 -foot radius of the outside boundary of the subject property (see pages 7 and 8). S. 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 three hundred and seventy-five (375) feet of the subject property. 2 tib dt-)1) 12. The Variance request is for relief from the provisions of Section 401 of the City f of Miami Zoning Ordinance as follows: To allow 7' at rear set back,where 20' is required to allow 4.03' at side yard, where 5' is requiered 13. 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.) I don't have any special conditions applicsaible to the structure in question. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: .It was drone by my husband without my knowledge of any violation at the present time, titre is 82 years old, after two strokes, fi-e has been diagnosed with dementi, and mentally incompetent. (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: There are some relatives living in the Structure that are my only help with my elderly mother and my husband (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: Neigbors that could be affected by structure have no complaints or inconvenience about it. 3 0 (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: THE wairiance will allow the structure to conform to the to the city of Miami ZoMing ordinance. (i) 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 property will conform to th-e general architecture of the area. The property maintain the look & feel of the neighborhood and be in harmony with the Zoning Ordinance. 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 6 Name E1 i.o into el Calvo and Ev►atngelina Del Calvo. Address 1 Miami El, 3144, Telephone 305-261-0838 Date 4-6-01 2 X STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowlededefore me this 20 o I, , by �'J known tome or who ffas produced Y�` ✓e r c E as identification and who o did (did not) take an oath. (Stamp) COMMOCUM4EA S Lrea WW" - STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature E rA day of _. Agr L ,who ispe a ly The foregoing instrument was acknowledged before me this day of 20 , by of corporation, on produced (Stamp) a behalf of the corporation. He/She is personally known to me or has as identification and who did (did not) take an oath. STATE OF FLORIDA COUNTY OF MIAMI-DADE 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) M Signature AFFIDAVIT Before me, the undersigned authority, this day personally appeared_E I i a d n r 0__j_&r i_n t o 8 e 1 Calvo and E vMn cL i_ n a p el C a lv)h% 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, 0 including responding to day to day staff inquires; 0 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 AffiantlayC l not. Del Calvo Eliodoro Jacinto Del Calvo Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE �d�ra Applicant Signature 7% The foregoing instrument was acknowledg d be e me this G day of 20 v 1 , by )iQ�,-pro .13� ,r�-, who is ersonally known to or who Hhs produced as identification and who did (did not) take an oath. (Stamp) Signature FFI NOTARYSEAL TERESrrA P DEL CALVO NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC92 M MY COMMISSION EXP APR. 24 r :i _ .238 OWNER'S LIST )(Owner's Name _EliQdgro Del Calvo & Wife Evangel i na Mailing Address -131 131 Flagami Blvd. Miami, Fl. Zip Code 33144 Telephone Number Legal Description: Lots 34 and 35 Block 6, FLAGAMI, according to the Plat thereof, as recorded in Plat Book 10, at Page 51, of tfie Public Records of Dade County, Florida 33144 Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: 4 Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address N/A Street Address Street Address I. LegalADescription Legal Description Legal Description DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: Lots 34 and 35, Block 6, FLAGAMY, according to the Plat thereof, as recorded in Plat Book 10, at Page 51, of the Public Records of Dade County, Florida. -131 F1iligami Blvd. Miami Florida 33144 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. Eiiodoro Jacinto del Calvo and Eviaingelina Del Calvo 100 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 375 feet of the subject real property. N/A Eliodoro Jacinto Del Calvo and Eviatngel i na Del Calvo Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowJed ed bef+ 20-2j—. by n- ,C ' /, v 1aVro c known to me or wh as produced as identification and wi (did not) take .an oath. (Stamp) NO MEW O er or Att ey for Owner Signature me this 6 '�? day of 4,bsr, �"-A Q41 e4kwho is rsorrally Signature �y %� Q A �t tt��(► A{ gyp{ 7 � r� 4 Wk U _V M ih 46 'r V T 1 i I M 1 ROMGO FORM O! INPIY7P. TO tNbIVIP !I 1 This'Narranty Beed blade the 31 st day of August A. D IU 84 b.' RAFAEL J. AGUILAR and DORA AGUILAR, his wife hereinafler caped tire grantor, to ELIODORO t3ACn4TO DSL CALVO and EVANGELINA DEL CALVO, his wife whose pasloffice address is 131 FIagami Boulevard, Miami, Florida 33144 hereinnfier called the grantee: (Wherever .td hrryn the term, "Nrsntnr" it "grantee" include all the pud" to this tntrument and the heirs, leeal wlirptnrati.es snd aussrns al inditiduah. and the success." and asaiyes at torporadan.) 16ItrieSseth: That the grantor, for and in consideration of the sum of 3 10.00 and other valuable considerations, receipt whereof is hereby acknou,619ed, hereby grants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee. all that certain lapid situate in Dade County, Florida, viz: Lots 34. and 35, Block 6, FLAGAMI, according to the Plat thereof, as recorded in Plat Book 10, at Page 51., of the Public Records of Dade County, Florida. Subject to: Taxes for the year 1984 and subsequent years. Conditions, restrictions, limitations and easements of record, if any. PREPARED BY OMNt TITLE CORPORATION Sunset Center Office Park 10300 Sunset Drive Bldg. 2 Suite 205 Miami, Florida 33173 '[096er with all the tenements, heredtiaments and appurtenances thereto belonging or in any- wise appertaining. nTnoY bwe and to Hold, the same in fee simple forever, '!'L d the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land iii fee simple; shat the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the some against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 10 In IffitnesS 19hereof, the said grantor has signed first above written. one ,. sealed and deliv red in our resencet .. .... , .. �.. ti � DORA STATE OF Florida COUNTY OF Dade 1 HEREBY CERTIFY that on this day, betoie me, an officer duly authorized in the State aforesaid and in the County aforesaid to take ackneswWitneett, r». a flatly sprwaeed RAFAEL J . AGUILAR and DORA AGUILAR, his wife to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State1 ars said this 31st day of Augu t Th' 1 lrusrrnl ri red L ' I sea d these presents the day and year �.....--•AG..I. R ............................ .............................. ;U stitce cites rate eecosoelu use ,,,,3-15• log osw.Mnury 8aawa CeRrssw 'We 4;nac1y R'Lne,0 P. tt,lntnr cwh' ceWa d coVn/t�y cavrta r / 09/- )c PC/ Ail 11I 41 A ddre'sr 1 2 G� 41--8 j/�� / mer h 131 FLAGAMI BLVD R-1/SINGLE FAMLIY VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, required east side and rear yard setback of an is built structure. y McPhee Zoning Inspector II Required side yard 5 feet Proposed side yard 4.3 feet Required rear yard 20 feet Proposed rear yard 7 feet �-a/ Date j-� M M Z 7: 7 > 24' E,C) ------ --------- �t,2 ------------------ ---- --------------- + CC CO i EMILIO R. pif'A[P,,() P.E. 1 rl,qL ENGOLiEE CEL ELI F 1. 1, F,.E 4 48352 � t _'3i 4 1 -2.,3C St., 29 17 1EL J.IIAMI. FL 3316 ' j 7' 4 7K Exls!�,t; (11OfBv poti tj b- III 177 J� I I Xl 22,25, -7- CD- 75"' I: -Ell 7F., > Z x 17 z F' Qiwo 1. x M M Z 7: 7 > 24' E,C) ------ --------- �t,2 ------------------ ---- --------------- + CC CO i EMILIO R. pif'A[P,,() P.E. 1 rl,qL ENGOLiEE CEL ELI F 1. 1, F,.E 4 48352 � t _'3i 4 1 -2.,3C St., 29 17 1EL J.IIAMI. FL 3316 ' j 0 I wn o:-s-o „ELIOCGRG r sem.w wahCIVIL & FVEAIdGELINA GEL CALVO EMILIO R. PIC;ERC• P.E. ENGINEER P.E. L 46352 ! m E I I m r xs rw cis ItU�t.f4 FL Iii rE G E3 ` bi G$38 9534 511 29 ST MIAMI. FL 331 ES ATIA 6 AL4i iGN - EL, (3G5)992^ j t s. ,_....._ _. __. — - 11-14cm r'LEVATIQN'S I -L-11--1 00 cy: LLJ C. . ..0 mom MAWFAWW v z RftWY any or Ix ELEVATIONS KIM) - "If Ir - 11-14cm r'LEVATIQN'S I -L-11--1 00 cy: LLJ C. . ..0 mom MAWFAWW v z RftWY any or Ix ELEVATIONS KIM) - "If 0" �mll'p.d into thu, reco CITY OF MIAMI _item :74=E_ on 1.11100 OFFICE OF HEARING BOAR; Waiter E�=��;{:.;; 444 SW 2"d Avenue, 71 Floor • Miami, Flori s"�'3130 City clogs Telephone 305-416-2030 • Fax 305.416-2035 APPLICATION FOR VARIANCE ##A**#A#*#*AAA*WWAMA**AAAAA*AAWAAAWAWW#WAAWW**#AAA##AA*AMWA#*AA#+h#AAAAA#A##AAfN#WAiAA#*WAAWW*WW****AAAAAWWA#*M*****#*A*A##AWWA#***# 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 . IS AVAILABLE N THEFOFFICERDSOF THE CITY CLERK (MIAMI CITY HALIL), LOCATED AT 3500 PAN AMERICAN MISSION. A COPY OF SAID ORDINANCRIVE, MIAMI, FLORIDA, 33133, THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE IFNEE ED,ITTO RANG DAYS OF THE RETER�FORTH FROMTHE ENGL H LANGUAGE 00 AM UNTIL TO ANYpPLICANTS ARE PRESENTATION RESPONSIBLE, BEFORE 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, RESOLUTION RIECORDATION COST IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES AaE SUBJECT TO CHANGE. #. .4WW#A#*A#A#WWAN##AAWAWAWAWAWYWWW##AWWAAAWW*AAW#WAA#*RAA*#iAAAA#***#AAA**#AAWA#AAA#W#A##AAA##WRAW#*WAA*AW*AWWA#W#W*MAN***A*ars 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 spaces, off- street parking and/or loading requirements (see Articie 19 of the Zoning Ordinance). I,_1D RO JACINTO DEL CALVO AND EVANGELINA DEL CALVO 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 -131 . E Miami Florida 33144 „_., folio number B? R 2 —11* 3 6 6 Nature of proposed use (please be specific): --rel a -t-3 u -e s to reside in the premises, and assist me to care disable husband and mother. ori 1. Three ginal surveys of the property prepared by a State of Florida Registered land Surveyor within one year from the date of application. 2. Three original plans, 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 Office of Hearing Boards first and then signed by Public Warks, Zoning and Planning prior to submission of application. 4. An 8'/2 x 11" copy of the signed plans attached to this application. — 2'.3 F; • 0 5. An 8 "1z 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 disciasure of interest (sep attached forms). 7. Certified list of owners of real estate within a 375 -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 exuiaining why any doc: rnenl you are attaching is pertinent to this application). 11. Cost of processing according to Section 62-156 of the City Coder CS, PR, R-1, R-2, (single-family and duplex residential uses) $ 250.00 Piers, docks, wharves and the like, for each Variance from tyle ordinance, per lineal foot $ 45,00 Minimum $ 700.00 All applications for Variances relating to the same structure shalt be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon th e definition of gross floor area found in Section 2602 of Zoning Ordinance, as amended $ 10 Minimum $ 650.00 Application for Variance as a result of a change in approved Wars or as a result of a violation notice shall be charged an additional fee, per Variance C.:-"3, PR, R-1, R-2 $ 250,00 All other residential districts $ 450.00 ,6 Ali nonresidential districts $ 550.00 ��- Extension of time for Variance$ 500.00 { �� Public hearing and public meet!ng mail notice fees. 0'� including cast of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from Items above, not to ex.ged eight ttundred .o dollars (800.00), except from agencies of the City; such surcharge to be refunded to u the applicant if there is no appeal en three hundred and seventy-five (375) feet of the-sub1' suant or bject from property owner Within P P y 12. The Variance request is for relief frorn the provisions of Section? __.. — r. w of the City of Miami Zoning Ordinance as follows. 1 LI -e- 4.-^ % Ji //yy 7 A– IV Ak_rt&1 I ll��cl J/ el .� Its` � 54o hu4.tc jaj" 13. 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 OrdjoancFr. Note: 'This application cannot be accepted for Zoning Board action unless :ill of the following s',x items are completed. /(a) Special conditions and circumstances exist which are peMuliar to the land, structure, Orr 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.) % 1 tDW� r JL1 rrU 4� ry f/ (b) The special conditions and circumstances do not result from the actions of the petitioner in that UIQ it �� +z /�� 1jU 5 ��'�? to ► .1 ," Geer 1- S0 r-oJ� e g/ �e. l�Q $ &V_ 11 c. � J� o s Q. ;.0 i cle m e )J)., -et IhCr,,r�e, �e•Yr V (c) Literal interpretatioof the provitions of th.- Z oving Ordinance woul t deprive the applicar-I of rights commonly enjoyed by other properties in the same zoning district under the terms a` the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner in that, 1 f /f J _r/)era t7�7Q i`re(� T,5✓G `3 /i yr/ �7C7, i .�zc fnL J (d; Granting the Variance requested will not confer an the petitioner that special privilege P'll if • �' denied by the Zoning Ordinance to other lands, buildings, or structures in the same zotnlw�.��j�')._" district in that:= c S YUGAVr0- 11q VQ_ rtd 46rnPa., rf'i .s e> r 49 rs, j a [>h tl� Y1i01)� a. t� U� .,ck i .3 o� Y) ' 0 • The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: THE vrairiance will allow the structure to conform to the to the city of Miami zobiong ordinance. (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 property will conform to the general architecture of the area. The property maintain the look & feel of the neighborhood and be in harmony with the toning Ordinance. 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. Signaturey''�' _-- Name E11- Jaci-n 2�e.lCa o and Evi'aingelina Del Calvo. Address 14 J AX - F-1- _.-UJ-44. Telephone 305-261-0838 Date 4-6-0-1 ufi�r,�iFt into t,10, public reor�rr# V11th .... ... -_.. 0 STATE OF FLORIDA COUNTY OF MIAMI -DADS � The foregoing instrument was ackno ledged afore me this day of -. r' -- 20� , by �� u /I �l'+'�,Kc. ;, , �Ev I , who is personally known to me or who as produced r ✓ ' �� m - as identification and who did (did not) take an oath. (Stamp) owwwr�� WA My Signature w****#*ii#*****W*#*#N,►***Www***w****W********w#i**#*#w#****ww***Www*****###i*#***w****M###w###*W*i#*i#i* STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing Instrument was acknowledged before me this 20 , by - — day of 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 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) Signature 11 1 ;30mittod into thrr public �oc:ord in ccnnecUpn With on 'VkP ltc:1r Foul an OMARTIN I BEGIRISTAIN, Attorney at Law 13368 SW 128th Street Miami, Florida 33186 Phone: (305) 251-2302 • Pax: (305) September 24, 2001 Ms. Teresita Fernandez City of Miami Office of Hearing Boards 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 J 0 252-7392 GI SLi' 2,1E V / S cRbmilled Info Nne P� r+lir rafter'i�,:::�r Cilj' Oiprk Re; Appeal of Zoning Board Decision on Property Known As 131 Flagami Boulevard, Miami, Florida 33144 Owner: Eliodoro 3acinto Del Calvo and Evangelina Del Calvo .ter Dear Ms. Fernandez: LLJ v� K .V clients appeal the denial of their application for a variance by the City of Miami Zoning Board, dated September 10, 2001. Mr. & Mrs. Del Calvo are entitled to a variance on their property because there would be no harm to the surrounding area. The minimum requirement for green space pursuant to the zoning regulation is 15% of the property. With the variance granted that my clients are seeking, my clients would maintain a 22.9% green space area, which by far exceeds the minimum amount. Additionally, the maximum building footprint according to the regulation is 40%. As stated in the survey which was attached to the application for variance, upon the granting of a variance the building footprint would be 36.83% which is well below the maximum footprint. The only variance that Is requested to be granted is a setback variance. The subject property has an odd shaped lot. The front lot width Is 50' while the rear lot width Is only 49'. This brings up a side setback problem due to the placement of the building on the property. While at the front of the property there is a full 5' setback on the left side, towards the back of the building the setback drops to 43". A mere 9" difference from the required 5. This problem arises due to an odd shaped lot, which is a valid reason for granting a variance. The next problem is the rear setback. The code requires a 20' setback. My clients have requested in the application for a variance to allow for a 7'3" setback. The setback regulations are made to ensure that none of the neighboring properties are affected by the property in question. This variance, if granted, would in no way affect the owner of the property to the rear of Mr. & Mrs. Del Calvo's property. Attached you will find a copy of a letter from Mr. Jose A. Garcia who resides at 1.80 Tamiaml Blvd., which in pertinent part states "this [sic] changes do not affect us or our property". 11 1I--1`38 0 • Ms. Teresita Fernandez September 24, 2001 Page 2 At minimum, a variance to accommodate a 10' setback should be granted to my clients so that they will not be forced to tear down the entire extension on the property. The owners of all three of the adjacent properties to my clients' property have given their consent in writing to allow for the variance as requested. The reasons for the setback zoning regulations are to protect adjacent owners of property from the undesirable use of one's own property. in this case, It is clear that the adjacent owners do not feel that there is any detrimental affect on their properties. This fact In and of itself should take any decision making out of the zoning board's hands and the zoning board should acquiesce to the neighboring property owners' authorization. Please contact my office so that we may schedule a meeting before the Miami City Commission in reference to this appeal. Sincerely, flartin ]. Wilristain Attorneyoor the Applicants M]B/mj Enclosures jubmittod into tho public record in connection with horn pa 'r on I►• s�.f� Wall, Foemai � . i,r A aEP-24-2001 02;52 AM 30610838 3052610838 P,02 September lb, 2001 City of Miami To Whom It May Concern: This letter is a inform you t at r.,_ with residence at have agree on giving permission to Mr. Eiiodoro del Calvo and Evangelina del Calvo to use my name in their request to you allowing the changes made at 131 1✓lagami Boulevard to stay. This changes do not affect us or our property. Sincerely S Submoftc(i t � pUbft rec®rd isi Ditb itc''-�� on --- vvaltor Fuenlan AP -24-2001 02:52 AN September 16, 2001 City of Miami 30520610838 To Whom It May Concern: 3052610838 0 This letter is to inform yo i that with residence at have agree on giving permission to Mr. Eliodoro, del Calvo and Evangelina del Calvo to use my name in their request to you allowing the changes made at 131 Flagami Boulevard to stay. This or changes do not affect us or our property. A Sincerely I Signature: rocord if, G( Rom P. 03 jEP-24-2001 02:53 AN 052610838 3052610838 P.04 To Whom It M6Y Concern: inkp7rin. you dMI. I e Z with residence at This letter is to LLq �iD' i n IS pen-nission to MT-E1iOdOfO bn$ agroc Olt h r request to you allowing the changes MY ne LA t ei del Calvo;nd Tam, gelina toll el CRlvO to usu made at 131 Flapam! Blvd to stay. This chalkgcp. done t affect us or our property. sincercly /� 'zv k -d , It into the publie fecol-C, ill connoc�jon with jt9M jtj - f on Walief I-oemn;n CIty Glerk I -Z (Y -d , It into the publie fecol-C, ill connoc�jon with jt9M jtj - f on Walief I-oemn;n CIty Glerk