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HomeMy WebLinkAboutM-00-0645ZONING FACT SHEET PZ -2 Case Number: 2000-0323 15 -May -00 Item No: 4 Location: Approx. 3501 Anchorage Way Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Noel & Elizabeth Aguilera 3501 Anchorage Way Miami, FL 33133 App. Ph: (305) 298-9786 Zoning: R-1 Single-family Residential SD -18 Minimum Lot Size District Request: Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 924.1.3, Limitations on location and extension of docks and piers in residential districts, to allow a side yard setback of 2'-0" (10'-0" required) for docks. Continued from Zoning Board Hearing of April 17, 2000. Purpose: This will allow the extension of an existing dock. 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: N/A Last Hearing Date: Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: Continued from Zoning Board Hearing of April 17, 2000. Analysis: Please see attached. Zoning Board Resolution No: ZB 2000-0307 Zoning Board: Denial Vote: 6-3 City Conmission: N/A < CITY OF MIAMI, FLORIDA is INTER -OFFICE MEMORANDUM Joel E. Maxwell, Esquire July 5, 2000 TO Assistant City Attorney DATE: FILE { SUBJECT: Motion to Reconsider - \`��G�JL(.!/Z 3501 Anchorage Way FROM: I Teresita L. Fernandez, Executive Secretary REFERENCES! Office of Hearing Boards ENCLOSURES: This is to advise you that the above item was scheduled before the City Commission on June 29, 2000. This is an appeal of a Zoriing Board decision which denied a variance. The property owner was notified to appear, but an oversight was made on the notification to the representative filing the appeal on behalf of the property owners. There is still a concern on whether or not the representative is a registered lobbyist. It is hereby requested that a motion to reconsider be scheduled before the City Commission meeting of July 20, 2000. If such motion is granted, the item will then be scheduled before the City Commission on July 27, 2000. Should you have any questions, please call me at 416-2038 TLF/vc c: Maria J. Chiaro, Esquire, Assistant City Attorney Yamile M. Trehy, Esquire, Assistant City Attorney Ana Gelabert-Sanchez, Director, Planning and Zoning Department Walter J. Foeman, City Clerk • ITEM PZ 3 RESOLUTION — [J -00-524(a) & J -00-524(b)] REQUEST: Appeal of a Zoning Board Decision LOCATION: Approximately 3501 Anchorage Way APPLICANT(S): Noel and Elizabeth Aguilera APPLICANT(S) AGENT: Eduardo R. Lacasa APPELLANT(S): N/A APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning and Zoning Department: Denial of Variance, denial of appeal. Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Denial. Vote of 6-3. Appeal of a Zoning Board decision which denied a variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 924.1.3, Limitations on Location and Extension of Docks and Piers in Residential Districts, to allow a side yard setback of 2'0" (10'0" required) for docks for the property located at approximately 3501 Anchorage Way. This will allow the extension of an existing dock. PAGE 33 JUNE 29, 2000 APPEAL DENIED BY R-00-572 MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS Principal's Business Address -21 '' A 4'�" w �"� ��^ 1= 22 3 ► 3� (3) Specific Issue lobbyist has been retained to lobby Of representing a corporation, Cartnership or trust, give business address of chief officer, partner, or eneAolary of same, and the names and addresses of all persona hotdln directly or Indirectly, at least Ave percent (11%) ownership Interest in ast corporation, partnership or trust, (4) Lobbyists shall state the extent of business association or financial relationship with any member(*) of the gC� y Commission, any member of City staff before whom he lobbies or intends to lobby. 7e1T7��•�ta*� aett�:twa a:: �+� Lobbyists shat! pay all registralon fees (Sa00 annually, plus $100 for each principal represented and for each issue ■ lobbyist has been retained to lobby on behalf of any one principal), and specifically define the Issas for which they are employed. (The Clerk shall rood any statement which does not detail the issue on which the lobbyist has been employed) . I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am hunWar with the rovbions Contained In Sections 2-313, 2.314, 2-316, 2-318 and 2.319 of the City of Miami ode, as amended, including 'annual registration, withdrawal, reporting requirements, definitions, examinations, penalties for violations and contingency fees. Signature of Lobbyist• State of Florida, County of Dade Swam to and subscribed before meAhis 'tisy of ��h —.1 S; Erft Dab 19 (Ale: rmllo y rep afro on -a I,-)-- on •p e Emend by MARLENE P. DUZ MY C O M M I S S ION,# CC 727477 EXPIRES; March 24 2002 Fy Sond,d TAru Notary public Underwriters ICL• UC t 1y yy 7 • ao 14U CITY OF MIAMI fht•�-' LOBBYIST REGISTRATION X999f p) Lobbyist Name L J vc(cj o Lccca s�, '` 40f'� .L.AST 8usinees Phone�� 1 FIRST NAME, FAI 7 �� - �� C/Ty a r �° –•-- Business Address ,�- 7� l t «ki i A �-e Ice cc �� «�.�� Zip (2) Principal Represented _far C �'Cle LI �+ C (V L L Lc Principal's Business Address -21 '' A 4'�" w �"� ��^ 1= 22 3 ► 3� (3) Specific Issue lobbyist has been retained to lobby Of representing a corporation, Cartnership or trust, give business address of chief officer, partner, or eneAolary of same, and the names and addresses of all persona hotdln directly or Indirectly, at least Ave percent (11%) ownership Interest in ast corporation, partnership or trust, (4) Lobbyists shall state the extent of business association or financial relationship with any member(*) of the gC� y Commission, any member of City staff before whom he lobbies or intends to lobby. 7e1T7��•�ta*� aett�:twa a:: �+� Lobbyists shat! pay all registralon fees (Sa00 annually, plus $100 for each principal represented and for each issue ■ lobbyist has been retained to lobby on behalf of any one principal), and specifically define the Issas for which they are employed. (The Clerk shall rood any statement which does not detail the issue on which the lobbyist has been employed) . I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am hunWar with the rovbions Contained In Sections 2-313, 2.314, 2-316, 2-318 and 2.319 of the City of Miami ode, as amended, including 'annual registration, withdrawal, reporting requirements, definitions, examinations, penalties for violations and contingency fees. Signature of Lobbyist• State of Florida, County of Dade Swam to and subscribed before meAhis 'tisy of ��h —.1 S; Erft Dab 19 (Ale: rmllo y rep afro on -a I,-)-- on •p e Emend by MARLENE P. DUZ MY C O M M I S S ION,# CC 727477 EXPIRES; March 24 2002 Fy Sond,d TAru Notary public Underwriters RUDEN MCCLOSKY SMITH SCHUSTER �c RUSSELL, P.A. May 22, 2000 Teresa Fernandez, Officer City of Miami Hearing Board P.O. Box 330708 Miami, Florida 33233 Re: 3501 Anchorage Way, Item No. 2000-0323 Dear Ms. Fernandez: This letter shall serve as. our notice of intent to appeal the above -referenced zoning variance application to the City of Miami Commission. The referenced application was heard before the Zoning Appeals Board on Monday, May 15, 2000, at which time a Motion to Deny the Application was carried. Pursuant to Article 20 the applicant is requesting review of the denial of the Variance Application and a reversal of the Zoning Board's decision. The referenced application sought a variance from the set back requirements for docks as set forth in Section 924.1.1.2 of the Zoning Code. Whereas, this application could have been brought as a special exception thereby obviating the need to demonstrate hardship, the applicant, representing himself at the time, filed the application as a variance. As such, the Zoning Board reviewed the application under the standard of hardship. In this instance, the Zoning Board failed to find hardship despite the fact that the subject application met all the criteria of a hardship to support the variance. Specifically, this application sought. a variance of the set back for a dock which is located in a basin that according to undisputed, qualified expert testimony, was unique in all of the City of Miami. The uniqueness of this particular basin is in that it is shared only by two properties, one of which is the applicant, the other of which filed a letter of support for the application. The basin is buffered by a jetty/waive break, which is uniquely configured so that it is opened on one end as opposed to opened in the middle. The position of the opening of the jetty/waive break, results in a unique hardship to the applicant in that there is no shelter from the tides and currents and/or extreme winds that would protect the dock and any vessel should the dock continue in its current condition. The applicant seeks a variance so as to buffer any vessel in the dock from the MIA:12036:1 - Yi AY 0 vl 2000 701 BRICKELL AVENUE SUITE 1900 MIAMI, FLORIDA 33131 (305) 789-2722 FAX: (305) 789-2793 E RL®RU DE N.COM May 22, 2000 Teresa Fernandez, Officer City of Miami Hearing Board P.O. Box 330708 Miami, Florida 33233 Re: 3501 Anchorage Way, Item No. 2000-0323 Dear Ms. Fernandez: This letter shall serve as. our notice of intent to appeal the above -referenced zoning variance application to the City of Miami Commission. The referenced application was heard before the Zoning Appeals Board on Monday, May 15, 2000, at which time a Motion to Deny the Application was carried. Pursuant to Article 20 the applicant is requesting review of the denial of the Variance Application and a reversal of the Zoning Board's decision. The referenced application sought a variance from the set back requirements for docks as set forth in Section 924.1.1.2 of the Zoning Code. Whereas, this application could have been brought as a special exception thereby obviating the need to demonstrate hardship, the applicant, representing himself at the time, filed the application as a variance. As such, the Zoning Board reviewed the application under the standard of hardship. In this instance, the Zoning Board failed to find hardship despite the fact that the subject application met all the criteria of a hardship to support the variance. Specifically, this application sought. a variance of the set back for a dock which is located in a basin that according to undisputed, qualified expert testimony, was unique in all of the City of Miami. The uniqueness of this particular basin is in that it is shared only by two properties, one of which is the applicant, the other of which filed a letter of support for the application. The basin is buffered by a jetty/waive break, which is uniquely configured so that it is opened on one end as opposed to opened in the middle. The position of the opening of the jetty/waive break, results in a unique hardship to the applicant in that there is no shelter from the tides and currents and/or extreme winds that would protect the dock and any vessel should the dock continue in its current condition. The applicant seeks a variance so as to buffer any vessel in the dock from the MIA:12036:1 Page 2 effects of the tides, currents and extreme winds which otherwise cause the vessel to crash into the abutting seawall. Moreover, the location of the mouth of the basin is such that the mooring of applicant's vessel in the existing dock would block off ingress and egress for the abutting homeowner. Since the requested variance will not alter the essential character of the locality or interfere the zoning plan for the area, and with the rights of the owners of the other properties and since the present location and configuration of the existing dock within that basin constitutes a unique hardship, the variance should have been granted by the Zoning Board. Therefore, the applicant requests that the City Commission reconsider the application and grant the requested variance. Sincerely, Ruden, McClosky, Smith, Schuster & , Eduardo R. Lacasa ERL:vv cc: Mr. Noel Aguilera M1A:126736:1 Miami Zoning Board Resolution: ZB 2000-0307 Monday, May 15, 2000 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 VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.1.3, LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS, TO ALLOW A SIDE YARD SETBACK OF 2`0" (10'0" RQUIRED) FOR DOCKS FOR THE PROPERTY LOCATED AT APPROXIMATELY 3501 ANCHORAGE WAY, LEGALLY DESCRIBED AS LOT 9, -BLOCK 1, ANCHORAGE (122-64), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL AND SD -18 MINIMUM LOT SIZE DISTRICT. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. George Barket Yes Ms. Gloria M. Basila No Mr. Rodolfo De La Guardia No Mr. Charles J. Flowers Yes Ms. Ileana Hemandez-Acosta Yes Mr. Humberto J. Pellon Null Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz Yes Mr. Angel Urquiola No Mr. Georges Williams Yes AYE: 6 NAY: 3 ABSTENTIONS: 0 NO VOTES: 1 ABSENTS: 0 Ms. Femandez: Motion carries 6-3 Teresita L. Fem dez, Chief Office of Hearing Boards Case No.: 2000-0323 Item Nbr: 4 ZONING BOARD AAWN ON PETITION FOR.VARIANCE MOTION. the request on Agenda Item # be Q -MENU (GRANT'ED) in that the requirements of Section 1903.1 (WERE) ( RE NO'Gl satisfied by relevant evidence in the record of the public hearing. (a) as stated in the City's finds or fact, or (b) as demonstrated by the petitioner, or (c) on the basis of the following: The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (HAVE BEEN (HAVE NOT BEEF demonstrated. CHECK ONE (a) Special conditions and circumstances (E)= (DO OF EACH NOT EMST) which are peculiar to the land, structure or STATEMENT building involved and which are not applicable to other lands, structures, or buildings is the same zoning district 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: (b) The special conditions and circumstances (DO) (DO NOT) result from the actions of the petitioner 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as othuvise xu ted below: (c) Literal interpretation of the provisions of zoning ordinance (WOULD) (WOULD NOT) deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and work unnecessary and undue hardships on the petitioner 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: 0 (d) Granting the variance requested (WILL) (WILL NOT) convey the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: (e) Cheating the variance requested (WILL) (WELL NOT) convey the some treatment, any special privilege that is denied by the zoning ordmance to other lauds, buildings or structures in the same zoning district. (f) If granted the variance (WILL BE) (WILL NOT BE) in harmony with the general intent and purpose of the zoning ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below - 4 --Lf Agenda elow: 4—y- Agenda Item 5-15-C )O Date GO- 645 ANALYSIS FOR VARIANCE 3501 ANCHORAGE WAY CASE NO: 2000-0323. Pursuant to Article 9, Section 924.1.3 of Ordinance 11000, as amended, the Zoning Or- dinance of the City of Miami, Florida, the subject proposal for Variance has been re- viewed as follows: Variance for side yard setback of dock: Required - 10'- 0" Proposed - 2'-0" The following. findings have been made: • It is found that there. is no hardship to justify the requested variance. The existing residential lot does have an existing wood dock which complies with all zoning requirements • It is found that by developing the new docks in the manner reflected in the plans submitted, the property owner will derive undue benefits under the Zoning Ordinance 11000. • It is found that the grant of this variance would confer on the petitioner a privilege that is denied by zoning ordinance to other property owners within the same zoning designation Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. - ANALYSIS FOR VARIANCE CASE. NO. 2000-0323 Yes No N/A 1-/7. ❑ J Special conditions and circumstances exist which are peculiar to the property. 7 Special conditions are result of petitioner's actions. 7 F7, Literal interpretation of ordinance causes undue hardship on petitioner. ;� E] E] Granting variance conveys same treatment to owner. J iv? E Variance, if granted, is the minimum variance for reasonable use of property. Is in harmony with general intent and purpose of ordinance. u C �i i 01r - - I - •• wCAMP ,.. _ .. .. ..,, .. ..•. ».. .. - to �Ib .n /yG AOSs• a �I� • l0 1 n 1 x , 7J o lG;y �� '1`+ �w♦//I G.BnI .. 12 19 r 13BISCAYNE WI, /S BTs N`E CP H.9 'q0 sv 14 LOOUAT AV E. e• :K • • le 11 �: t a ♦ s • L • s b n a .� �rOb �`"' /0 ,q`'• D 23 Z2 )CADO AVE. •• �" f!� �� S F, D, o w a y': s• a• N•• o n a roc O J r •_ ° •9� o �`° f- • 1•• ,� �n tiG � o �p �•e c LMETTO AYE- y� ••� y� 0� 7 a �!. I o n n a 0. • p a � � o u n m 'JOZ' �. • / C S • 99 �� '' • �� YAL PALM Q AVE. • �q f� \� fe _ fa •' rp E •• o u a x s• a. r F • o w a r • i• i G • • o w a =1 t a • a . N • .a•r � 6H � • CowaP 1NCIANA� AYE ... u e l� p ` _'- HUGHES .COVE . fo A ETtat1T011 ♦ ,��' •e •'�/ , ff r .• It ; •1 �t�7j, NEIOMTS o e•-0 + .. Z GPP� * SUB. e ' , �•. p{ r• ► ly 9 to o F TR: 'A' r moi. • O ` '� + OTs • �O ' ryi 4 16 4 s B `'+kms• + x ;� . e .• N g 4 © y C ING a P� N o' 1 e .• 1 � Op q � u q.9tw , •c it' 3 p ' o 1'\ i� SDs- 18 to I. er' r a• ° • Rah • i � •• •° , c g 7• r M V g n e•. � 10 � s qq� ,• • �� • 4 F a 1 s ' �, tSr is a ,'4 •+� ,,,e• �:�\ e • a , S`„" �r ,e t0 •' b • �A e s , (1 0 G r� 6 A � O •. a NlQ� � 7 ,,.. '` + • q � a syr ���. � - h' q rq • e � 4,�,TO,Y '� • •e'•ee 'tel� //,� D 'S'f� e,•y rfi ''• lyl �it �e U 4 t / �•y t j0 00.- s t, *It-. L '. TAN li a 1.' wen ' I' ,(•�1 — �rN � ` 0B town' II I �O/y lip 15 Intz WHOM Pgdadn A written 1:11 for a variance is submitted to the officer or agent of'the eny spe:!.--mc by the city manager detcwnatratiag all of the following. tai Sp;r--W conditions and exist which an peculiar to the land. st:-.;-.t,-,re. orbuildinn involved and which an not applicable to'ether lands, structures. cr ouii6- ingsinthe same zoning district;- . . . (b) The =w=sI candidons and circumstances do not result from the actions of the peta. (w Literal iatezpzttatioa of the provisions of this zoning ordinance deprives the applicant of rights poza=only erooyed by otbw properties in the =me zoning distr= under the i terms of this zoa�ing ordinance and works unnecessary and undue hardship on the petitiona; (d) Granting the variance requested emm7s the same treat:new to the individual owner as to the 0-M of other b=I& buildings, or ==== in the ==e zoning district; je) The variance, if granted, is the minimum variance that makes possible the reasonable use of the had, building, or struatum and (f) The grant of the variance- is in harmony with the general intent. and purpose of this ordinance, ordinanand is not iviurious to the neighborhood, or otherwise detrimental to the puhlic welfam Documents, reports, studies, exhibits, or other written or graphic materials, if any,,to be used by petitioner in XUPPon Of the Petition and in demonstration of my or all of the above requirements shall be submitted with the petition. • CITY OF MI • OFFICE OF HEARING BOARDS APPLICATION FOR VARIANCE . . rarrrrsrrarsaaaaasarasssrraresssssrssssssssrsrrrsrsosrsssrssraessrsrsss.ararmarrrrrrrr•... .... ea SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING fN 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. ass*ssamssrsasssrr*ssesomsrsrsasasorsrsssrrsrsrsrr•+ssssrs+brrrssrrrsrsssarrrrrsrsrssraasaarrrsra NOTE: 'PHIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. 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, Noel & Elizabeth Aguilera 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 3Sn1 Anchorage Way, Miami, El ori da , folio number 01- 4128- 036- 0090 as specified below. In support of this application, the following material is submitted. X 1. Two original surveys of the property prepared by a State of FloridaRegistered Land Surveyor within one year from the date of application. 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations, and dimensions and computations of lot area and building spacing. , X 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest form (attached to application). X 4. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered by the application. X 5. At least two photographs that show the entire property (land and improvements). 0- G x 6. Recorded warranty deed and tax forms for the most current year available that show the present o« pegs) of the property. x Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). Letters of•No Objection from.adjacent property owners. Letter from engineers stating scope of work 8. Fee of $ Zoning Ordinance: to apply toward the cost of processing, according to Section 42-156 of the CS, Pit, R-1, R-2, (single-family and duplex residential uses)......................$250.00 Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot...............................................................................$ 45.00 Minimum................................................ ....................................................$700.00 All applications for Variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in Section 2502 of Zoning Ordinance, as amended..................................................................................$ .10 Minimum...................................................................... ..............................$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.....................................................................$500.00 Public hearing mail notice fees, including cost of handling and mailingper notice.........................................................................................$ 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 from a property owner within three hundred and seventy-five (375) feet of the subject property _Y_ 9. The Variance request is for relief from the provisions of Section Zoning Ordinance as follows: 924.11 of the City of Miami Special Exception, pursuant to City of Miami Zoning Ordinance 11000 as amended, Article 9, Section 924.11, Conditonal Principal Uses, to extend dock 25 feet into the waterways. 00" 64 X 10. In support of the a .ation, the applicant is prepared to offer th0ollowing evidence, on the point P enumerated at Section 1903 of the City of Miami Zoning Ordinance. ':dote: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. x (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.) Property waterfront is located in a private boat basin shared by two (2) residences. The dock needs to be along south property line to allow the neighbor access to the basin. x (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The basin was constructed with a breakwater jetti that located the entrance to the basin to the south instead of in the center. _x (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: If the owner keeps the required setback the entrance to the basin will be restricted. X (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: A boat can be moored at that side of the basin allowing adjoining neighbor access to the basin. X (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that:' A single boat can be docked at the property within basin and allow neighbor access. x (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. Because the project will be confined to the private basin and both neighbors are in agreement to the project as proposed, 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. Signator+ Noel Aquilera Name 3501 Anchorage Way Address Miami, Florida 33133' 3501 Anchorage Way Miami, Florida 33133 Telephone 305 - 229- 97RF Date September 7th, 1999 STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this. day of by Noel ' Acluilera who is personally known to me or who has produced as identification and who did (did not) take an oath. OFFICIAL NOTARY SEA' LUIS E JIMENEZ NOTARY PUBUC STATE OF FLOR COMMISSION NO. CC59250r MY COMMISSION.EXP. OCT. STATE OF FLORIDA COUNTY OF MIAMI -DADS Name: JNoel Aguiler Notary Public -State of Florida Commission No.: GG t5_'? My Commission Expires: : o - The foregoing instrument was acknowledged before me this day of 19--__1 by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY*OF NIIAMI-DADS The foregoing instrument was acknowledged before me this day of 19 , 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. Name: Notary Public -State of Florida Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this 4 C�4 day of 199' ,by Elizabeth Aguilera who is personally known to me or who has produced as identification and who did (did not) take an oath. OFFICIAL. NOTARY SEA i LUIS E JIMENEZ NOTARY PUBLIC STATE OF FLORID. - COMMISSION NO. CC592506 MY COMMISSION EXP. OCT 10.2-11 i Nam •Elizabet guilera Notary Public -State of Florida Commission No.: cG 9 2 v G My Commission Expires: io - 1 a _ ;7-cvv v o#+e###e#######**#s*r#r#*#e###s####,r*+t#eraw##e########:##e####*#o######sw##rf##s###�r###rm,a#,►w+wtw♦ STATE OF FLORIDA . COUNTY OF MIAMI -DARE The foregoing instrument was acknowledged before me this day of 19--__P by of a He/She is personally known to me or has produced and who did (did not) take an oath. corporauon, on behalf of the corporation. as identification Name: Notary Public -State of Florida Commission No.: My Commission Expires: ww#*#wwwee,►wsrwsrra#*#####rss:*#s#:rswrr##serrrs#iso►trot+rr##s###R#rte#s###m�#w###r##a#i►*#r,►#roes# STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this day of partner (or agent) on behalf of 19 , by a partnership. He/She is personally known to me or who has produced __ as identification and who did (did not) take an oath. Name: Notary Public -Stam of Florida Commission No.: My Commission Expires: AFFIDAVIT STATE OF FLORIDA } ) SS COUNTY OF MAW-DADE } Before me, the undersigned authority, this day personally appeared Noel Aguilera , who being by me first duly sworn, upon oath, 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 Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to 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. 3. That the pages attached hereto and 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. Ap scan ' e STATE OF FLORIDA N el Aguilera COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7th day of September 1999, by Noel Aguilera who is personally known to me or who has produced as identification and who did (did not) take an oath. Name: Luis E. Jimx Notary Public -State of Flori OFFICIAL NOTARY SEAL Commission No.: CC5 9 2 5 0 6 LUIS E AMENEZ NOTARY MBIKSTATE OFFLORIDA .. My Commission Expires: October 10, 2000, COMMISSION NO. CC592506 MY COMMISSION EXP. OCT. 10,20utl AFFIDAVIT STATE OF FLORIDA } ) SS COUNTY OF MIAMI-DADE ) Before me, the undersigned authority, this day personally appeared Elizabeth Aguilera who being by me first duly sworn, upon oath, 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 Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to 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. 3. That the pages attached hereto and 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. / J Further Aff ant sayeth not. A cant's ignature STATE OF FLORIDA Elizabeth Aguiler COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this 7th day of September 1999 , by Elizabeth Aguilera who is personally known to me or who has produced as identification and who did (did not) take an oath. OFFICIAL NO'T'ARY SEAL LUIS E JIMENEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC592506 MY COMMISSION EXP. OCT 10 2000 Name: Luis E. Ji nez Notary Public -State of Fidrida, CommissionNo.: CC592506 My Commission Expires: October 10, 2000 0-� OWNER'S LIST Owner's Name Noel Aquilera .and . wife Elizabeth Aauil ra Mailing Address 3501 Anchorage Way, Miami, Florida. Zip Code 33133 Telephone Number 305 - 298-9786 Legal Description: Lot 9, Block 1, ANCHORAGE SUBDIVISION, according to the plat thereof as recorded in Plat Book 122, Page 64 of the public records of Dade County, Florida Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Zip Code, 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 NONE Street Address Street Address Legal Description Legal Description Legal Description . a. DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lot 9, Block 1, ANCHORAGE, according to the Plat thereof, as recorded in Plat Book 122, Page 64 of the Public Records of Miami—Dade County, Florida Together with the exclusive right to use the dock appurtenant to Lot 9. a.k.a.: 3501 Anchorage Way, Miami, Florida 33133 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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. OWNERS: Noel Aguilera and his wife Elizabeth Aguilera PERCENTAGE OF OWNERSHIP: Owners by entireties 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. , Not applicable er or Attorney for Owner . oel Aguilera STATE OF FLORIDA COUNTY OF MIAMI -DARE The foregoing instrument was acknowledged before me this 7th day of September 1999 , by Noel Aguilera who is personally known to me or who has produced as identification and who did (did not) take an oath. CA L Name: Luis E. Jime z O Notary Public -State of Flo CommissionNo.: CC592506 My Commission Expires:. October 10, 2000 6 CO 45 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lot19, Block 1, ANCHORAGE, according to the Plat thereof, Plat Book 122, Page 64, of the Public Records of Miami -Dade County, Florida, together with the exclusive right to use the dock appurtenant to Lot 9. a.k.a.: 3501 Anchorage Way, Miami, Florida 33133 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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. OWNERS: Noel Aguilera and his wife Elizabeth Aguilera. PERCENTAGE OF OWNERSHIP: Owners by entireties. 3. Legal description and street address of any real property (a) owned by any party Iisted in answer to question #2, and (b) located within 375 feet of the subject real property. r;lizar)etn. Aguilera STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this 7th day of September 1999 , by Elizabeth Aqui lera who is personally known to me or who has produced as identification and who did (did not) take an oath. G C� Name: Luis E. Jim ez Notary Public -State of Flo da Commission No.: CC 5 9 2 5 0 6 OFFICIAL NOTARY SEAL My Commission Expires: October 1 0 2000 LUIS E JIMENEZ r NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC592506 MY COMMISSION EXP. OCT. 102000 0 c e sr =.J s as nk a+RID iw I/7� ermccc 2e�nl�� .�••+pttg —r-Rmy LINE ►•tA 9 p YYOMOS Ill -23-90 j�! • Reco Return To Plic prepared by. Neal S. &q- New S. litman. PA QQ'�� ' SW 29Tcrraoe Floor REE 1 UJ87 ec 3r 9SR597.�,�7 1443 DEC :• __. is Coconut Grove. Florida 33133 DDCSTPDEE 18rE23.00 SURTX C:.Oi HARVEY RUVINr CLERK DAF_ CGU::'­ c. - (Spate Above This Line For Recording Datal HfaTt_ qJvlj: Tbis +hibrn-herr Made this Decetnier -L-. 1998 between James A. Schwade and Karya Schwod-_its wife First Party, to Noel Aguilers and Elizabeth Aguflema Second Parry, whose post office address is 3501 Anchori#gc Way, Miami, Florida 33133. . 1r Ute? i—t" .(whenever used herein, the terms -Fist Party' and-Sccond Patty' sball include singular and plural, heirs, legal representatives, and assigns of individuals. and the successors and assigns of corporations, wherever the context so admits or requires.) wthirssPt4. That said First Parry, for and in consideration of the scum of $10.00 and other good valuable consideration receipt whereof is hereby adm wledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Second Party, all that certain land situated in Miami -Dade County, Florida, to wit:. Lot 9, in Block 1, of Anchorage, according to the Plat thereof, as recorded in Plat Book 122 at Page 64, of the Public Records of Miami -Dade County, Alorida, together with the exclusive tight to use the dock appurtenant to Lot 9. (For Information Only: Property Appraiser's Parcel Identification Number is 01-4128-036-0090) Subject to: Conditions, restrictions, reservations, limitations and easements of records, if any (provided however, that this reference shall not operate to reimpose the same), applicable zoning regulations and taxes for the current and subsequent years. injag 4Pr with all the woements, hereditaments and appurtenances thereto belonging or in anywise agwrtainine. A11U the First Party hereby covenants with said Second Parry that the First Party is lawfully seized of said land in fug: simple; that the First Party has good right and lawful authority to sell and convey said land; that the Fust Party hereby fully warrants the title 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. Jn ffitness akerrof, the said Fust Patty has signed and sealed these presents the day and year fust atieve written. Si t sealed . delivered in the presence of: �J.�Swade �40f Address: 3730 Degarmo Lane Print WAdis Name Coconut Grove, Florida 33133 STATE OF FLORIDA ) ) SS COUNTY OF MIAMI -DADS ) Karyn Schwadti Address: 3730 Degarmo Lane Coconut Grove, Florida 33133 The foregoing instrument was acknowledged before me this December 1998 by James D. Schwade and Karyu Schwade, his wife, who LVare personally known to me and/or produced �u ' u c,!// N i, t'` t a< aZ identification. N Public - S of Florida L-cANA Qh}. Print Name DANA M. FEHL ♦'aY comm. No. CC 896991 • • My Comm. Exp. Na. 28, 20D1 eon0ad thru Ptt rAid cull. AM. r:%C.Oaradt\30000a.0 %Z-Waarr.0a - Nq 1 - taattad 33/23/90 2,44 on A i IKyC,j�l..