HomeMy WebLinkAboutR-00-0572J -00-524(a)
6/5/00
RESOLUTION NO. 00— 5
72
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), DENYING THE APPEAL,
AFFIRMING THE DECISION OF THE ZONING BOARD,
THEREBY DENYING A 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, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3501
ANCHORAGE WAY, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board at its meeting of
May 15, 2000, Item No. 4, following an advertised public hearing,
adopted Resolution No. ZB 2000-0307 by a vote of six to three
(6-3), denying a,request for a variance from Ordinance No. 11000,
as amended, the Zoning Ordinance of the City of Miami, Article 9,
Section 924.1.3, to allow a side yard setback as hereinafter set
forth; and
WHEREAS, the City Commission after careful consideration of
this matter finds that the stated grounds for the appeal and the
facts presented in support thereof do not justify reversing the
decision of the Zoning Board denying the variance;
Cot
CITY COMOSSION,
MEETING OF
J U N 2 9 2000
hesolution No.
w�? t.
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Commission hereby denies the appeal,.
and hereby affirms the decision of the Zoning Board (Resolution
No. ZB 2000-0307, adopted May 15, 2000), thereby denying a
variance from Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Article 9, Section 924.1.3, to
allow a side yard setback of 210" (10'0" required), for the
property located at approximately 3501 Anchorage Way, Miami,
Florida, legally described as shown in Exhibit "1" attached
hereto and made a part hereof.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor'/
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 2 of 3
PASSED AND ADOPTED this 29th day of June —1 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Maycr did not. !ndicate approval of
this legislation by signing it in the designated' plat provided, said legiplat;r-n no-oj
' plat provided,
r
l.comes effective with the elapse of ten (10) day m the date of Comm!
ring same, without the Mayor e)teTciej'n)u all /1") 75P
ATTEST: Waftt>L*Qdak-e, City Clerk
. WALTER J. FOEMAN, CITY CLERK
20
-72
Page 3 of 3
Recon Return To:
TTi,anst prepared by
Neal S Utman. Eaq.
Neal S. ULman. P.A.
Grove Plaza — Secoad Floor
2900 SW 28 Terrace
Coconut Grove. Florida 33133
C]
REC 18387 P6 3: f 988597337 1995 DE' :_
DOCSTPDEE 18,828.00 SURTY
HARVEY RUVIWr CLERK, DADE
rSpace Above This line For Recording Dotal
This JiCbFit UrP, Made this December I I_. i99g between James ID. Scbwade and ICaryn Schwndc_ b
wife First Party, to Noel Agullers and Elizabeth Aguilera; Second Party, whose past office address is 3501 Anchori#gc Way, Mianti
Florida 33133.
it I�Z' t~• 1P
(Whenever used herein, the terms 'Fust Party' arid 'Second Party' sball include singular and plural, heim legal representatives. and assigns of individual.
and the suet um aM ..sign of eorpmuom, vA ever the eomest so admits or requires.)
7lIDI11l MWfl . That said First Parry, for and in consideration of the stem of $10.00 and other good valuable
consideration receipt whereof is hereby wJ=wledged, hereby gran, bargains, sells, aliens, remises, releases. conveys and confirms
unto the Second Party, all that certsia land situated in Miami -Dade Canty, Florida, w wic
Lot 9, in Block 1, of Anchorage, according to the Plat thered, as recorded in Plat Book 122 at Page 64, of the
Public Records of Miami -Dade County, Florida, togetber with the exclusive right to on the dock appurtenant
to Lot 9.
(For. Information Only: Property Appraiser's Parcel Identification Number is 01-4128-0360090)
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.
DIIgPP)l with all the tenements, be
teditaments and apputtemances thereto bekengiag or is anywise applertautinc.
l b the First Party hereby covenants with said Second Party that the Fast Patty is lawfully seized of said land m fee
simple; that the First Party has good right and lawftd authority to sell and convey said land; that the First 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 VkhMSS W#PrZ8f, the said First Patty has signed and sealed these presents the day and year fust aFxwe
written
Si sealed . delivered in the presence of:
Jam D.—ScRwade
Address: 3730 Degarmo Lane
Print WArifiss Name Coconut Grove, Florida 33133
•
Karyn Schwa
Address: 3730 Degarmo Lara
Coconut Grove, Florida 33133
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this December 1998 by James D. Schwade and Karyn
Schwade, his wife, who Ware personally known to me and/or produced � l�„ t c, gg �, , t' � L < "'aS identification.
N Public - StULof Florida
Print Name
EX
(�� , I �, DANA . N
�O ! �� AL
Comm. No. tN t. 2L 2
• • My Comm. Eap. Msv. ?8.2001
'_' h�i sr nasi; Bottdsd then Pwsw Via. Agcy.
r,\esosraast7assss.erOtr-asaarr.00 - •••• 1 Deet" 11/25108 1*
2,46 P
® CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Joel E. Maxwell, Esquire July 5, 2000
TO DATE : FILE
Assistant City Attorney
Teresita L. Fernandez, Executive Secretary
FROM: Office of Hearing Boards
SUBJECT: Motion to Reconsider -
3501 Anchorage Way
REFERENCES:
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 Zoning 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
R- 00-5%(;-),
G-
R- 00-5%(;-),
� 0 PZ -3.
ZONING FACT SHEET
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 Commission: N/A
RUDEN
MCCLOSKY
SMITH
SCHUSTER &
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:126736:1
��� �72
M AY 0 GI 2000
,
s
f
,
;
701 BRICKELL AVENUE
SUITE 1900
MIAMI, FLORIDA 33131
(305) 789-2722
FAX: (305) 789-2793
ERL@RUDEN.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:126736:1
��� �72
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:w
cc: Mr. Noel Aguilera
572 MIA: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 Hernandez -Acosta Yes
Mr. Humberto J. Pellon Null
Mr. Juvenal Pina Yes
Mr. Ricardo D. Ruiz Yes
Mr. Angel Urquiola No
Mr. Georges Williams Yes
Ms. Fernandez: Motion carries 6-3
Case No.: 2000-0323
AYE: 6
NAY: 3
ABSTENTIONS: 0
NO VOTES: 1
ABSENTS: 0
Teresita L. Fern dez, Chief
Office of Hearing Boards
Item Nbr:
4
uu- 572
ZONING BOARD AAMDN ON PETITION FOR.VARIA.NCE
MW
MOTION:;request uest on Agenda Item # 4' be
<:Z (GRANIED) in that the requni =encs of
Section 1903.1 (WERE) (V� 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 allof the requirements and
standards of Section 1903.1 (HAVE BEEN) (HAVE NOT BEEN)
demonstrated.
CHECK ONE (a) Special conditions and circumstances (EMT) (DO
OF EACH NOT EXIST) which are peculiar to the land, structure or
STATEMENT building involved and which are not applicable to other
lands, structures, or buildings in the same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
(b) Tire 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 odwwise stood 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 suited in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below.
0-- 5'72
(d) Granting the variance requested (WILL) (WILL NOT)
convey the same treattnent to the,individual owner as to
the owner of other lands, buildings, or structures in the
same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner .
3) as otherwise stated below:
(e) Granting the variance requested (WELL) (WILL NOT)
convey the same treatment, any special privilege that is
denied by the zoning ordinance to other lands, buildings
or sauctures in the same zoning district.
(f) If granted the variance (WELL BE) (WELL 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:
U Agenda Item
15-- DO
Date
0 7 20
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 z6hing 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 ,
❑
❑
Special conditions and circumstances exist which are peculiar to the property.
W
❑;
❑
Special conditions are result of petitioner's actions.
7-1
7,
❑
Literal interpretation of ordinance causes undue hardship on petitioner.
❑
Granting variance conveys same treatment to owner.
❑
iE
❑
Variance, if granted, is the minimum variance for reasonable use. of property.
❑
:r+
❑
Is in harmony with general intent and purpose of ordinance.
C'
u
77
❑
i
1
0,0 IJ` 729
o u Ell,
1411j,
• a le ,a � • - - •y/y __...
a • 3 e BICAM
CAYN
•T V�• • ,
Iz �
E 26
'L- eG.RO TS c Gp
• s to „ n I t • J • 16
10 1 r A�Gah• �< <•+ / SU8. NE 8
Sv IO
�I L000ATN AVE ti 'Pj•
• .e n �: y� f • oy' 0
! 23t], I' 11 O AV E.
21
z a• a• ro•
D" I LMETTOAVE. '•�y•�L oo• /'ftc CyF �¢, ' T
DAI.-
a a • • •9 o II n __ rJo • / c • y Fi, ° f
r z e ° ` civ C'� q ► �`
YAL PALM Q AVE. 4
E •• o u a z a• f is r F e m n a - , + ti• �i
ti f WAN
G •, o a a 3 N ro�a T - , U
r , e a• f• o L ti 4 GMTS` + 1
O rf.
1NCIANA
I " A� EW"Ta �, •0 4. HUGHES •COVE
It ,.•i• �t. 1?, NEtONT3 C •• i0 • +' y GPP •° 1 •�i` SUB.
TR'•
`� sz`,� M n r`•..•`\G:j� �••• rt S 'q J` 4 �` i _ e � ; t (.
.• • � RE b / 4
s O
.4' � a • s B
P .
SD- 18
w es
t 10
` , n • b i
�` 9 � :• a • ♦e • 4 T1
� ' ;• s .cif rg? ti ;� /�•• 'iI°' ��� � •• �•�S�~• w
o _. q I � .ref �� e• fir,,- J 4� � S oP �. � �
y q • C .. , /
f q c P`4r OF• ' , eH'SS4R s� ® yep
a �
44, *0 Rid" '• � • • •�` ' 'l /4,/
Je 4 !
'fie / +•
J
�� • 1 ��s
;NTS C ~°• � rltl r tJ .• ��/ /
3 J = rr ti
t7 •• te,;
•
IZ Is 1.8
0
� �� 11 ftJ V � 2
rs I
X9031. i+�rittot pditiaa.
A itten or a v$risace is submitted to the officer or agent of the c:t.,,• snecn iec
by the city manager AU of the following:
tai Special conditions and S=^c" est which are peculiar w the land. stm:cture.
or building involved and which are not applicable to other lands, structures. or build-
ings in the same zoning distxi=-
(b) The IIPCCW eondifim and mucanastances do not result from the actions of the peri
tion,
W Literal iaterpntatiam of the psovsstams of this zonin ordinance deprives the applicant
of rights Fo=monly enjoyed by other properties in the same zoning district under the
terms of this vonmg ordinance and worsts unnecessary and undue hardship on the
petitioner;
(d) Granting the varianx seQue:ted conveys the same went to the individual owner
as to the owner of other land:, bindings, or muctures is the same zoning district:
te) The variaaze, if granted, is the minimum variance that maks possible the reasonable
use of the land, binding, or and
(f) The grant of the variance is in harmony with the general intent and purpose of this
zoning ordinance, and is not ijuriaus to the neighborhood. or otherwise detrimental
to the public welfare.
Documents, reports, studies, ezhkits, or other written or graphic materials, if any, to be
used by petitioner in support of the petitiam and in deme atsation of any or all of the above
requirements sball be submitted with the petitim
, 572
• CITY OF MI •
OFFICE OF HEARING BOARDS
APPLICATION FOR VARIANCE
;i;;rrr;arCrrrarrrrrrartrsarrrrrrsrramsrrrrrsstrrrrrrsrssr;rrOrrrrrrfririrsrrrrrrrriarrwwrwrarwrr
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 IN
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
;rrrrrrr;srrrrrrrr+or+srrrr*rrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrarrrrerrrrarsssrrrrrrrr*arrrrs
NOTE: THIS 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
3SQ1 Anchorage Way, Miami, Florida , folio number
01- 4128- 036- 0090 as specified below.
In support of this application, the following material is submitted.
X I . Two original surveys of the property prepared by a State of Florida Registered 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.
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
x 6. Recorded warranty eed and tax forms for the most current year available that show the present om nertsl of
the property..
x 7. 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
x 8. Fee of $ to apply toward the cost of processing, according to Section 42-156 of the
Zoning, Ordinance:
CS PR. 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 .................................. ..... .....................................S .10
Minimum.....:............................................................................................$650.00
Application for Variance as a result of a change in approved pians or as a result of
a violation notice shall be charged an additional fee, pet_ Variance:
CS, PR, R-1; R-2.; .......................................................................................... S250.00
All other residential districts .........................................................................$450.00
All nonresidential districts:....................................:......................................$550.00
Extension of timefor Variance., ....................... ........................................... S500.00
Public hearing mail notice fees, including cost of handling and
mailingper notice .................... .......... ..... .......................... .....$ 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 924.11 of the•City of Miami
Zoning Ordinance as follows:
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.
X 10. In support of the apoation, the applicant is prepared to offer the following evidence. on the point
enumerated at Section 1903 of the City of Miami Zoning Ordinance.
':Vote: 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.
_cX (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 detriments) 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.
Signature
Noel Aguilera Name lizabeth Aguile a
3501 Anchorage Way Address 3501 Anchorage Way
Miami, Florida 33133 Miami, Florida 33,133
Telephone 305 - 298- 978
Date September 7th, 1999
'T
"` 5 72
STATE OFFLORIDA
COUNTY OF MIAMI -RADE
The foregoing instrument was acknowledged before me this day of
19 '�eI, by Noel Aquilera who is personally known to me or who has
produced as identification and who did (did not) take an oath.
OFFICIAL NOTARY SEA'
WIS E JIMENEZ
NOTARY RMUC SPATE OF FLOK
COMMISSION NO. CC59750%
MY COMMISSION EXP. OCT..14
Name: Noel Aguiler
Notary Public -State of Florida
Commission No.: C C.:, t5 9 a s o !n
My Commission Expires: : o-
**aaa**aa:,aaaa,rsaaaw*aaeraaaa,eaaaaaa+►s�►kaa,r,trraaaasfa:aaaaaaaaaaaaaassw*te:aaaaae�*taaar,as*atraw•
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
19 , 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:
**aaaaa,o-araa**raaaaa,o$a:rsaaaeraaaaaaw*aaaoaasawaaaaaaartaw*aaaaaaa:aaaaa+►eaaaaataasetataawaooaaa
STATE OF FLORIDA
COUNTY OF MIAMI -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 MIANfl-DADE
.,
The foregoing instrument was acknowledged before me this 0
_day f
199'9, by _Elizabeth Aguilera who is.personally known to me or who has
produced as identification and who did (did not) take an oath.
OFF
1C1A
LNOTA-RY5
EA[
LUIS E JIMENEZ
NOTARY PUBLIC STATE OF FLO
RID6-
C0MMISSION NO. CC592506
mYCOMMI5S1ON--- OCr,jo2
(Xj,
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
Namet'
Elizabet"guilera
Notary Public*St= of Florida
Commission No.: <-- C- 5-q.;2 SD
My Commission Expires:
The foregoing instrument was acknowledged before me this day of
19 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-Staw of Florida
Commission No.:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
19—, by partner (or agent) on behalf of
a partnership. He/She ispersonally 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:
u.
e�0— J . 579 t;:0
AFFIDAVIT
STATE OF FLORIDA }
)SS
COUNTY OF MIAMI-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. '
ATO]
' re
STATE OF FLORIDA NAguilera
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this . 7th day of September
19 99, 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. Jimz
Notary Public -State of Flori
OFFICIAL. NOTARY SEAL Commission No.: CC 5 9 2 5 0 6
LUIS E JIMENEZ
NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: October 10, 2000
COMMISSION NO. CC59M
MY COMMISSION EXP. OCT. 10,20uv
� �J � � "4
C
AFFIDAVIT
STATE OF FLORIDA }
} SS .
COUNTY OF MIAMI -DADS }
I�
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..
Further Affiant sayeth not.
/A&tcakstignature
STATE OF FLORIDA Elizabeth Aguiler y,
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.
Name: Luis E. Ji nez
OFFICIAL NOTARY SEAL Notary Public -State of Fidrida
IBIS E JIMENU
NOTARY PUBLIC SPATE OF FLORIDA Commission No.: C C 5 9 2 5 0 6
COMMISSION NO.CC592506` -My Commission Expires: October, 10, 2000
MY COMMISSION EXP. OCT 10.2000
•
OWNER'S LIST
Owner's.Name Noel Aquilera and wife Elizabeth AQuilera
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 Zip Code
Telephone Number
Legal Description:
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
0- 572
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
Miamixequires 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 crr Attorney'for Owner
(Iloel Aguilera
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this 7th day of. ° September
19 9.9 ; 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. Jime "z
Notary Public -State of Flo
Commission No.: CC 59 2 5 0 6
My Commission Expires:. October 10, 2000
0 710 2
•
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lot 9, 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.
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.
ziizaDeLn Aguiiera
STATE OF FLORIDA
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.
Name: tuis E. Jim ez
Notary Public -State of Flo da
Commission No.: CC592506
OFFICIAL NOTARY SEAL My Commission Expires: October 10 2000
LUIS E JIMENEZ r
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC592506
MY COMMISSION EXP. OCT- 102000
6,0- � Z
c
e sY
C
ae :ac
:A
WAY
aaw
UTV-C=!eI" oaouos 1-1-25-00 l% I —
L�Ne eu TI� i ��
0
Em
Rec Return To:
Tl.;c it prepared by
Neal S Esq.
Neal S. Litman. PA
Grove Pim – Second Floorpff tt�Q% 9SR597337 1995 DE:
2900 SW 28 Terrace BEC I �j� 8 PG 3
Coconut Grove. Florida 33133
DOCSTPDEE 18-825.00 SURTY G.6
HARVEY RUVINr CLERK, DAD- "'CU:'Y", c.
----JSP—Above This Line For Recording Datal HARP!r', ,. p UVITV
&rI`Fi tg 34pPi1
lZIlig JnbP1'thWf9 Made this December jJ_. 1948 between James D. Schwade and Karyn Scb'wvad_, Fis
wife First Party, to Noel Aguilera and FJizabeth Aguileri, Second Parry, whose post office address is 3501 Anchorigge Way, Miami,
Florida 33133.
it 1.0 iv %p
(Whenever used herein• the terms 'Fust Party" and 'Second Party' stall include singular and plural, heirs, legal representatives. and assigns of individuals.
and the successors and assigns of corporations, wherever the contest so admits or requires.)
3DiDlhmsPfir That said First Party, for and in consideration of the stmt of 510.00 and other good valuable
consideration receipt whereof is hereby acknowledged, hereby giants, 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, %rida, together with the exclusive right 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 tames for the current and subsequent years.
QEn9ft4er with all the tenements. hereditaments and appurt mantes thereto belonging or in anywise arpertaurin.p.
A W the First Party hereby covenants with said Second Parry that the First Patty is lawfully seized of said land in fee
simple; that the I== Party has good right and lawful authority to sell and convey said land; that the First Parry hereby fully warrants
the tide to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all
encumbrances.
+int 3Mhwss W#rrraf, the said First Party has signed and sealed these presents the day and year first above
written.
Si sealed delivered in the presence of:
Jam D. 'Schwade
Address: 3730 Degarmo lane
Print W&Uss Name Coconut Grove, Florida 33133
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Karyn SchwadE
Address: 3730 Degarmo Lane
Csxonut Grave, Florida 33133'
The foregoing instrument was acknowledged before me this December 1998 by James D. Sebwadc and Karyn
Scbwade, his wife, who is/are personally known to me and/or produced 1�1 t c , ti' t<= "as identification.
N Public - Std of Florida
�'f RNA 7" 1
Print Name
♦rFr DANA M. FENL
comm. No. CC 896991
• o pry Comm. Exp. Nov. 28, 2001
r: \C7Aira0f\700000.Q0\baaaarr.00 - ffff 3 - Oi�t1:fA 13/a7/ff f 7,10 �
'f•�/ fr nx�v,• Bm W thra POW In. AM.
�- 5'"2