HomeMy WebLinkAboutR-97-0557J-97-385(a)
6/18/97
RESOLUTION NO.
9 7 - 55" 7
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND DENYING THE VARIANCE FROM
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-1 SINGLE-FAMILY
RESIDENTIAL, TO PERMIT STRUCTURES WITH THE
FOLLOWING SETBACKS: A MINIMUM INTERIOR SIDE
YARD SETBACK OF 1'-8" TO 2'-8" (EAST) AND
3'-4" (WEST) (5'-0" MINIMUM REQUIRED), 'AND
PER ARTICLE 9, SECTION 908.3, PERMANENT
STRUCTURAL PROJECTIONS FROM BUILDINGS, TO
ALLOW THE OVERHANG TO LEAVE FROM 1'-2" TO
2'-2" OPEN SPACE FROM THE REQUIRED SIDE YARD
(EAST) AND TO LEAVE 2'-4" OPEN SPACE FROM THE
REQUIRED SIDE YARD (WEST) W -0" MINIMUM
SPACE REQUIRED BETWEEN THE EDGE OF THE EAVE
AND THE INTERIOR SIDE PROPERTY LINE) FOR AN
EXISTING SINGLE FAMILY RESIDENCE LOCATED AT
APPROXIMATELY 2225 SOUTHWEST 19TH STREET
(MORE PARTICULARLY DESCRIBED HEREIN).
WHEREAS, the Miami Zoning Board at its meeting of
May 5, 1997, Item No. 5, duly adopted Resolution ZB 42-97 by a
six to zero (6-0) vote, thus constituting a DENIAL of the
variance, as hereinafter set forth; and
WHEREAS, an appeal has been taken to the City Commission by
the applicant/property owner from the denial of the variance; and
WHEREAS, the City Commission after careful consideration of
this matter, finds that there are no peculiar circumstances
affecting this parcel of land and that there are no practical_
difficulties and unnecessary hardships which would impair the
CITY COMUSSION
14EETING OF
IU L 2 4 J997
Resolution No.
g�- 557
owner Is right to the reasonable use of the property without the
grant of variance as hereinafter set forth;
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 decision of the Zoning Board in this
matter is hereby affirmed and the request for a variance from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City
of Miami, Florida, Article 4, Section 401, Schedule of District
Regulations, R-1 Single -Family Residential, to permit structures
with the following setbacks: a minimum interior side yard setback
of 1'-8" to 2'-8" (east) and 3'-4" (west) (5'-0" minimum
required), and per Article 9, Section 908.3, permanent structural
projections from buildings, to allow, the overhang to eave from
1'-211 to 2'-2" open space from the required side yard (east) and
to leave 2'-4" open space from the required side yard (west)
(3'-0" minimum space required between the edge of the eave and
the interior side property line) for an existing single family
residence located at approximately 2225 Southwest 19th Street,
Miami, Florida, legally described as Lot 28, PALM GROVE, as
recorded in Plat Book 14 at Page 66, of the Public Records of
Dade County, Florida; is hereby denied.
Section 3. This Resolution shall become effective
immediately upon its adoption.
- 2 -
97- 557
PASSED AND ADOPTED this 24th day of July , 1997.
ATTEST:
WALTER J. OEMAN
CITY CLERK
PREPARED AND APPROVED BY:
L EDWARD MAXWELL
D PUTY CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
W1657JEM.DOC
- 3 -
00
9'7_ 557
O. ZONING FACT SHEET • PZ-13
LOCATiON/LEGAL 2225 SW 19th Street
(Complete legal description on file with the Office of Hearing Boards).
APPLICANT/OWNER Rogelio & Gladys Manzo & Eva B. Acosta
2225 SW 19th Street
Miami, FL 33145
880-7993 (Bpr.)
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, R-1 Single -Family
Residential, to permit structures with the following setbacks: a minimum interior
side yard setback of 1'-8" to 2'-8"(East)and 3'-4"(West)(5'-0 " minimum required),
and per Article 9, Section 908.3, Permanent Strructural Projections from Bldgs., to
allow the overhang to leave from V -2" to 2'-2" open space from the required side
yard(East)and to leave 2'-4" open space from the required side yard(West)(3'-0
minimum space required between the edge of the eave and the interior side property
line)for an existing single.family res.;zoned R-1 Single -Family Res.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 96-5987 Last Hearing Date: 09/11/96 Found: GUILTY
Violation(s) Cited: Work completed without a permit, building and/or roofing, etc. -
Ticketing Action: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: Ordered to comply by 3/11/97 or be fined $150 per diem. On 3/19/97 granted extension to
7/23/97.
HISTORY
ANALYSIS Please see attached.
ZONING BOARD Denial Resolution No. ZB 42-97
APPELLANT Rogelio and Gladys Manzo & Eva B. Acosta
CITY COMMISSION Continued from CC 6/26/97.
Vote: 6-0
APPLICATION NUMBER 95- 538 Page 1 May 5, 1997 Item# 5
97- 557
May 7, 1997
Office of Hearing Boards
Teresita L. Fernandez
444 SW 2"d Avenue
Miami, FL 33130
Dear Ms. Fernandez:
This is to appeal the decision of May 5, 1997, that denied variances requested by me on
2225 SW 19 Street.
I bought this property in 1995 with three existing units under construction. I am
requesting this appeal to convert the structure to only one single family residence.
Sincerely,
Gladys Manzo
�o
3
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97- 557 3
Mr. Tucker Gibbs offered the following Resolution and moved its
adoption.
f RESOLUTION ZB 42-97
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD DENIED
THE VARIANCES AS LISTED IN ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-
FAMILY RESIDENTIAL, TO PERMIT STRUCTURES WITH THE
FOLLOWING SETBACKS: A MINIMUM INTERIOR SIDE YARD SETBACK
OF 1'-8" TO 2'-8" (EAST) AND 3'-4'- (WEST) (5'-0" MINIMUM REQUIRED),
AND PER ARTICLE 9, SECTION 908.3, PERMANENT STRUCTURAL
PROJECTIONS FROM BUILDINGS, TO ALLOW THE OVERHANG TO
LEAVE FROM V-2" TO 2'-2" OPEN SPACE FROM THE REQUIRED SIDE
YARD (EAST) AND TO LEAVE 2'-4" OPEN SPACE FROM THE REQUIRED
SIDE YARD (WEST) (3'-0" MINIMUM SPACE REQUIRED BETWEEN THE
EDGE OF THE EAVE AND THE INTERIOR SIDE PROPERTY LINE) FOR
AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 2225 SW 1911,
STREET LEGALLY DESCRIBED AS LOT 28, PALM GROVE (14-66)
PUBLIC RECORDS OF DADE COUNTY; PER PLANS ON FILE; ZONED R-1
SINGLE-FAMILY RESIDENTIAL.
Upon being seconded by Ms. Christina Cuervo the motion was passed and
_ ..._.. -- adopted by the following vote: -- -- - -.. . ..............:..
AYES: Mses. Basila, Cuervo, Hernandez & Morales Messrs. Gibbs &
Obregon
NAPES: None.
ABSENT: Messrs. Barket & Moran-Ribeaux.
Ms. Fernandez: Motion carries 6-0.
Teresita L. Fernandez, Chief
Office of Hearing Boards
May 5, 1997 - Item #5
Zoning Board
97- 557
ZONING BOARD ACTION OAMETITION FOR VARIANCE
•MOTION; I mov that the request on agenda item be
enie (granted) in tha the requirements of
e ion 1903.1 (were) were n:OQ satisfied. by
relevant evidence in the record of the public
hearing.
as stated in the City's finds of fact, or
b) as demonstrated by the petitioner, or
on the basis of the following:
The Zoning Board shall make findings that all of the re u' s
and standards of Section 1903.1 (have been) aye not_
demonstrtated.
CHECK ONE a) S�ecalnditions and circumstances (exist)
OF EACH which are peculiar tothe land,
STATEMENT r 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) The special conditions and circumstances CLOY (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 otherwise stated below:
c) Literal interpretation of the pions of the
zoning ordinance (would) uld not eprive the.
applicant of rights co y 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 ih the City's findings of fact
_ 2) as demonstrated by the petitioner
3) as otherwise stated below:
97_ 55- 7 7
d)• Granting the varia requested (will) �ividal
convey the same tment to the i
owner as to the o of other lands, buildings,
' or structures in the same zoning district.
7X 1)' as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below
9) Granting the variance requested (will) (will not)
convey the same treatment, any special privilege
that is denied by the zoning ordinance to other
lands, buildings or structures in the same zoning
district.
f) if granted the variance (will be) will not be
in harmony with the general intent an
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
k3) as otherwise stated below:
"\ IA�&
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ignature
''9
Date
Item
0
ANALYSIS FOR VARIANCES
2225 SW 19' Street.
CASE NO: 95-538.
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 rear setback: Required - 20.0'
Proposed - 10.0'
Variance for side setback (east): Required - 5.0'
Proposed - 1'8"-2'8"
Variance for side setback (west): Required - 5.0'
Proposed - 3'4"
The following findings have been made:
• It is found that there is no hardship to justify the requested variances. The lot is
oversized, having an area of 6,660.5 Sq.- Ft., where a standard lot in the R-1 Single
Family Residential zoning district typically has only 5,000 Sq. Ft.
• It is found that the additions, as constructed, are excessive and out of proportion with
the existing residence and could accommodate more than the permitted one dwelling
unit.
• It is found that by developing the lot in the manner reflected on the plans submitted,
the property owner has derived undue benefits under the Zoning Ordinance.
• It is found that the existing additions for which variances are sought were built
without the benefit of building permits, and is also found that results in a overbuilt lot
with an overall effect that makes the subject site appear crowded. Additionally,
encroachment into the setbacks deprive the adjacent property owners of their rightful
visual separation.
1 • It is fom&that the subject lot has been developed to some extent; this is a self
imposed hardship and should therefore not be considered a valid justification for any
encroachment.
Based on these findings, the Department of Planning and Development is
recommending denial of the application as presented.
97� 557 6?
• ANALYSIS OF PROPOSED VARIANCE •
APPLICATION NUMBER 95- 538
Yes No N/A
X 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.
X The special conditions and circumstances are a direct result
from the actions of the -petitioner.
X Literal interpretation of the provisions of Zoning Ordinance
11000 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.
X 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.
X The variance, if granted, is the minimum variance that makes
possible the reasonable use of the land, building, or
structure.
X The grant of this 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.
May 5, 1997 Item# 5
Page 2 04/26/97
'�- 557
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97- 537
PETITION FOR VARIANCE
File Number __
A variance is relaxation of the terms of the 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 this ordinance, a variance is authorized
only for height, area, size of structure, dimensions of yards
and other open spaces and off-street parking or loading require-
ments. (Section 1901)
I, Eva B. Acosta , hereby petition the City of Miami Zoning Board for a
variance from the terms of the "Zoning Ordinances of the City of Miami," affecting
property located at 2225 S W 19 Street , Miami as specified below.
In support of this application, the following material is submitted:
1. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
_ 2. Four copies of: the site plan 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 application and
disclosure of interest form -.(attach to application).
4. Certified list of owners of real estate within a 375-foot radius of the
outside boundaries of property covered by the application.
_ 5. At least two photographs that show, the..entire property. (land and improve-
ments).
6. Other (Specify)
_ 7. Fee of $ to apply toward the cost of processing, based on the
following:
CS, PR, R-1, R-2, (single-family
and duplex residential uses) ............. $ 200.00
- Piers, docks, wharves and the
like, for each variance.from
the ordinance, per lineal foot $ 30.00
Minimum ...................:........... ..... $ 600.00
All other applications for each variance
from the ordinance, per square foot of
gross floor area of new building(s) or
additions, based upon the definition
of floor area (section 4901) ............. $ 0.07
Minimum ................................... $ 550.00
-9'7 5 5'7
2225 SW 19 Street, zoned R-1, Single -Family Residential, Rogelio Manso residence
after -the -fact variances application to legalize existing additions and resolve
CEB Case 9605987 filed by Mayra Pau (Notice of Violation/Summons to Appear), dated
7/19/9b
VARIANCES, pursuant to City of Miami Zoning Ordinance 11000, as amended, Article 4,
Section 401, Schedule of District Regulations for R-1, Intensity (to -wit):
Setbacks:
Minimum interior side (east and west) required: 5'0"
Interior side (east) proposed (existing): 1'8" - 2'8"
Interior side (west) proposed (existing): 3'4"
Z.�!- e ti i ..,- wr ac *,. �IwYJa�. rnl�ai5l�arwriri CIY�� _'yROii i.._/SKJ"�Cl�.
and VARIANCES, pursuant to Article 9, Section 908, Subsection 908.3, Permanent
Structural Projections from Buildings (to -wit):
Minimum open space required between the edge of the eave and the interior
side (east) property line: 3'0"
Proposed (east) open space (existing): 112" - 212"
Minimum open space required between the edge of the eave and the interior
side (west) property line: 3'0"
Proposed (west) open space (existing): 2'4"
"OuQr+tb) ptopeaw:
ro 'E� see Nx'.Q� *W", � r
to allow all existing additions to be legalized after-tiie-fact in connection with
an existing single family residence which is.non-conforming as to original side
and rear setbacks, subject to obtaining a Class I Special Permit as required by
the provisions of Article 9, Section 907, Subsection 907.4, to allow an existing
wall air-conditioning unit to remain closer than 10'0" to the rear (north) property
line; further subject to the removal of excessive concrete and the provision of
required landscaping.
NOTE: A covenant restricting the premises to the use and occupancy of a single
family residence is filed under number 80-R-231185 dated 9/2/80.
0,
o ing Rei -q-Zoning Inspector
January 30, 1997
Zoning review fee of $100 paid 1/30/97 (#97-001189)
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 ......................... $ 200.00
All other residential districts .......... $ 350.00
All nonresidential districts ............. $ 450.00
Extension of time for variance ........... $ 400.00
Surcharge equal to applicable fee from items above,
not to exceed six hundred and fifty dollars ($650),
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.
(City Code - Section 62-61)
8. The variance requested is for relief from the provisions of section 401 908
of the City of Miami Zoning Ordinance as follows:
Variance for a Side Setback
Proposed: 3'
Required: 5'
9. In support of the application, the applicant is prepared to offer the
following evidence, on the point enumerated at Subsection 1903.1 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 tothe 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.)
This variance is to legalize an existing addition of the
Single Family Home.
.(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:
The petitioner was not aware of City Codes.
(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:
Other houses in the area are currently violating their
setbacks.
(d) Granting the variance requested will not confer on the petitioner any special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the same zoning district in that:
By.granting this variance, the Zoning Board will give the
applicant the opportunity to leagalize the addition that
is existing
(e) The variance, if granted, is the minimum variance that will make -possible the
reasonable use of the land,. building, or structure in that:
If granted, this variance will allow the petitioners to have
a reasonable use of the land.
zo
9'� - 55'7
(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, on other-
wise detrimental to the public welfare.
This variance will not create any negative impact on the
adjacent.neighbors.
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(/`
Owner or Authorized Agent
Name . Eva B. Acosta
Address 2225 S W 19 Street
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
Eva B. Acosta , leing duly sworn, deposes and says that he is the
(Owner)(Authorized Agent of Owner) of the real property described in answer to question it
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner.
SWORN TO AND SUBSCRIBED -
ef a me this day of
1997.
r-My-GGMi.ss_inn Expi res :
1AL`N
?CIA `✓ p �7NCrARY1'U5VC
STATECO-'"SSION 11 CCA�: SSICN! i p
a
(Name)
Notary Public, State of Florida at Large
10*
PZ/
97- 557
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned- authority, this day personally appeared
Ezra B: -Acosta who being by me first duly -sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000,of the Code 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 represents, if any, have given their full
and complete permission for him to actin their behalf for the change or modifica-
tion 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, phone numbers and legal descriptions
for the the real property of which he 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. �Q
(SEAL)
(Name)
Sworn to and Subscribed before me
this 0 day of QnUgr 191:�
Notary Public, State of Florida at Large
My Commission Expires:
�- - -- 7,7-
- --
z3
97= 557
•
•
OWNER'S LIST
Owner's Name Eva B. Acosta
Mailing Address 2225 S W 19 Street
Telephone Number
Legal Description: Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade County, Florida
Owner's Name Gladys Manzo
Mailing Address 2225 S W 19 STreet
Telephone Number
Legal Description: Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade County, Florida
Owner's Name Rogelio Manzo
Mailing Address 2225 S W 19 Street
Telephone Number
Legal Description: -Palm Grove Subdivision Plat Book Page 66
Lot 28, Public Records of Dade County, Florida
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
NONE
Street Address
NONE
Legal Description
N/A
Legal Description
N/A
Legal Description
N/A
97- 557
iDISCLOSURE OF OWNERSHIP •
1. Legal description and street address -of subject real property:
Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade COunty, Florida
2. Owner(s) of subject real property and percentage of -ownership. Note: City of Miami
Ordinance No. 9419 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.
100•% Ownership
Eva B. Acosta
Gladys Manzo ,
Rogelio Manzo
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question i2, and (b) located within 375 feet of the subject
real property. _
N/A
�,� /-� X7
OWNER OR ATTORNEY FOR OWNER
STATE -OF FLORIDA } SS:
COUNTY OF DADE }
Eva B. Acosta , being duly sworn, deposes and says that he
is the (Please Print) (Owner) (Attorney for Owner) of the real property described in
answer to question !1 above; that he has read the foregoing answers and that the same
are true and complete and (if acting as attorney for owner) that he has authority to
execute the disclosure of Ownership form on behalf of the owner.
(SEAL)
Signature oT Owner or Attorney -for Owner
SWORN TO AAIi—M-SORI.BFO
before me this a�
day of a/1 , 191i
Notary Public, State of Florida a Large
MY COMMISSION EXPIRES:
•
•
PETITION FOR VARIANCE
File Number __
A variance is relaxation of the .terms of .the 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 this ordinance, a variance is authorized
only for height, area, size of structure, dimensions of yards
and other open spaces and off-street parking or loading require-
ments. (Section 1901)
I, Rcgelio Manzo hereby petition the City of Miami Zoning Board for a
variance from the terms of the "Zoning_ Ordinances of the City of Miami," affecting
property located at 2225 S W 19 Street Miami as specified below.
In support of this application, the following material is submitted:
I. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
2. Four.,_copies of: the site plan 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 application and
disclosure of interest form (attach to application).
4. Certified list of owners of real estate within a 375-foot radius of the
outside boundaries of property covered by the application.
5. At least two photographs that show the entire property (land and improve-
ments).
6. Other (Specify)
7. Fee of $ to apply •toward the cost of processing, based on the
following:
CS, PR, R-1, R-2, (single-family -
and duplex residential uses) ............. $ 200.00
Piers, docks, wharves and the
like, for each variance from
the -ordinance, per lineal foot $ 30.00
Minimum ................................... $ 600.00
All other applications for each variance
from the ordinance, per square foot of
gross floor area of new building(s) or
additions, based upon the definition
of floor area (section 1901) ............. $ 0.07
Minimum ................................... $ 550.00
Application for variance as a result
of a change in approvedplans or as
a result of a violation notice shall
be charged an additional fee, per
variance:
CS, PR, R-1, R-2 ......................... $ 200.00
All other residential districts .......... $ 350.00
All nonresidential districts ............. $ 450.00
Extension of time for variance ........... $ 400.00
Surcharge equal to applicable fee from items above,
not to exceed six hundred and fifty dollars ($650),
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.
(City Code - Section.62-61)
8. The variance requested is for relief from the provisions of section 40 1 9 0 8
of the City of Miami Zoning Ordinance as follows:
Variance for a Side Setbsck
Proposed: 3'
Required: 5'
9. In support of the application, the applicant is prepared to offer the
following evidence, on the point enumerated at Subsection 1903.1 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 th.e._land,
structure, or building involved and which are not-lappTicable to other lands,
structures, or buildings in the same zoning district in that: (list evidence
to be produced and use additional sheets, if necessary.)
This variance is to legalize an existing addition of the
Single family Home.
b
(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:
The petitioner was not aware of City Codes.
(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:
Other houses in the area are currently violating their
setbacks.
(d) Granting the variance requested will not confer on the petitioner any special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the same zoning district in that:
By granting this variance, the Zoning Board will give the
applicant the opportunity,to legalize the addition that
is existing.
,(e) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
If granted, this variance will allow the petitioner to have
a reasonable use of the land.
97= 557
(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 other-
wise detrimental to the public welfare.
This variance will not create any negative impact on the
adjacent.neighbors.
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 j2�, ti.•�,,€ ...-..
Owner iFAuthorized Agent
_ Name ROGELIO MANSO
Address 2225 S W 19 Street
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
Rogelio Manso , being duly sworn, deposes and says -that he is the
(Owner)(Authorized Agent of Owner) of the real property described in answer to question 11
above; that he has read the foregoing answers and that the same are true.and complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner.
SWORN TO AND SUBSCRIBED
be me-2-k�3 a-6_Z day of
199;
My Commission Expires:
N f1r:f SrkL
NGi. ('fiI C STA1I CF F Opp
CO-%Q(-Tr'i.citi' NO CC2�6145
i YC.O\F� c C., I•P M.7,1907
30.
(Name)
Notary Public, State of Florida at Large
97-_.._.557
•
AFFIDAVIT
STATE OF FLORIDA }
. _ . } SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Rogelio Manzo who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code 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 represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion 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, phone numbers and legal descriptions
for the the real property of which he 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.
p—�L�r� �yt/1 Q•ytsc�� (SEAL)
(Name)
Sworn to and Subscribed before me
r
this oZ:P day of ✓vqr- , 19q-
Notary Pu ic, State of F orida at Large
My Commission Expires: _ �,��^' _ . `• . '. �-.
q'�= 557
0
•
OWNER'S LIST
Owner's Name Rogelio Manzo
Mailing Address 2225 S W 19 Street
Telephone Number
Legal Description: Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade County,, Florida.
Owner's Name Gladys Manzo
Mailing Address 2225 S W 19 Street
Telephone Number _
Legal Description:
Palm Grove Subdivision Plat Book 14, Page 66
Lct 28, Public Records of Dade County, Florida.
Owner's Name Eva B. Acosta
Mailing Address 2225 S W 19 Street
Telephone Number
Legal Description., Palm Grove Subdivision Plat Book 14, Page 66
Lot 28, Public Records of Dade County, Florida.
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 Legal Description
NONE N/A
Street Address
NONE
Street Address
NONE
.Legal Description
N/A
Legal Description
N/A
3 2�
9'7- 557
. DISCLOSURE OF OWNERSHIP
1. Legal description and street address -of -subject real property:
Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade County, Florida
2. Owner(s) of subject real property and percentage of -ownership. Note: City of Miami
Ordinance No. 9419 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 12 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest. _
100% Ownership
Ezra B. Acosta
Gladys Manzo ,
Rogelio Manzo
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question f2, and (b) located within 375 feet of the subject
real property. _
N/A.
pLa&ZL)
_Z-
-OR ATTORNEY FOR OWNER
STATE -OF FLORIDA } SS:
COUNTY OF DADE }
Ro ge l io Mans o being duly sworn, deposes and says that he
is the (Please Print) (Owner) (Attorney for Owner) of the real property described in
answer to question #1 above; that he has read the foregoing answers and that the -same
are true and complete and (if acting as attorney for owner) that he has authority to
execute the disclosure of Ownership form on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this gig EA -
day 191 )
MY COMMISSION EXPIRES:
71
-'' ,...
(SEAL)
Signaturilof Owner or Attorney -for Owner
- z �- --C � � L- —�.�
Notary Public, State of`Ttartdaat Large
f
9i- 5��
•
•
PETITION FOR VARIANCE
File Number __
A variance is relaxation of the terms of the 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 this ordinance, a variance is authorized
only for height, area, size of structure, dimensions of yards
and other open spaces and off-street parking or loading require-
ments. (Section 1901)
1, nl adds Mango hereby petition the City of Miami Zoning Board for a
variance from the terms of the "Zoning Ordinances of the City of Miami," affecting
property located at 2225 S W 19 St rPet , Miami as specified below.
In support of this application, the following material is submitted:
1. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
2. Four copies of: the site plan 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 application and
disclosure of interest form (attach to application).
4. Certified list of owners of real estate within a 375-.foot radius of the
outside boundaries of property covered by the application.
5. At least two photographs that show the entire property (land and improve-
ments).
6. Other (Specify)
7. Fee of $ to apply toward the cost of processing, based on the
following:
CS, PR, R-1, R-2, (single-family
and duplex residential uses) ............. $ 200.00
Piers, docks, wharves and the
like, for each variance from
the ordinance, per lineal foot $ 30.00
Minimum ................................... $ 600.00
All other applications for each variance
from the ordinance, per square foot of
gross floor area of new building(s) or
additions, based upon the definition
of floor area (section 1901) ............. $ 0.07
Minimum ................................... $ 550.00
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 $ 200.00
All other residential districts .......... $ 350.00
All nonresidential districts ............. $ 450.00
Extension of time for variance ........... $ 400.00
Surcharge equal to applicable fee from items above,
not to exceed six hundred and fifty dollars ($650),
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.
(City Code - Section 62-61)
8. The variance requested is for relief from the provisions of section 401/90 8
of the City of Miami Zoning Ordinance as follows:
Variance for a side setback
Proposed: 3'
Required: S'
9. In support of the application, the applicant is prepared to offer the
following evidence, on the point enumerated at Subsection 1903.1 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.)
This variance is to legalize an existing addition of the
Single Family Home.
97- 557
'E'
(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:
The petitioner was not aware of City Codes.
(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:
Other houses in the area are currently violating their
setbacks.
(d) Granting the variance requested will not confer on the petitioner any special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the same zoning district in that:
By granting this variance, the Zoning Board will give the
applicant the opportunity to legalize the addition that
is existing
(e) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
if granted, this variance will allow the petitioner to have
a reasonable use of the land.
97� 55737
0 ' 9
(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 other-
wise detrimental to the public welfare.
This variance will not create any negative impact on the
adjacent neighbors.
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
Owner Authorized Agent
Name Gladys Manso
Address 2225 S W 19 Street
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
Gladys Manso :eing duly sworn, deposes and says that. he is the
(Owner)(Authorized Agent of Owner) of the real property described in answer to question 11
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner. -�
(Nay )
SWORN TO AND SUBSCRIBED
befo me this G day of
— 1gg_�?
My Commission Expires:
„ C NOTARYSMir-
ELENA V PERNAS
NOTARY PUBLIC STATE OF FLOitIp
CO--MMMION NO. CC Z%14
MY CO Lit, pN EXF. P£B. 771997
Notary Public, 4of Florida at Large
3p 97- 557
•
•
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Gladys Manso , who being by me first duly sworn, upon oath, deposes
and says:
I. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code 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 represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion 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, phone numbers and legal descriptions
for the the real property of which he 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.
(SEAL)
Sworn toG and Subscribed before me
this day of InI 1ga1
Notary Public, State of Florida at e s
r
My Commission Expires: , _ ;
OWNER'S LIST
Owner's Name Gladys Manso
Mailing AddresQ225 S W 19 Street
Telephone Number
Legal Description: Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade County, Florida
Owner's Name Roaelio Manso
Mailing Address 2225 S W 19 Street
Telephone Number
Legal Description: Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade County, Florida
Owner's Name Eva B Acosta
Mailing Address 2225 S W 19 Street
Telephone Number
Legal Description: Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade County, Florida
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 Legal Description
NONE N/A
Street Address Legal Description
NONE. — _ N/A
Street Address Legal Description
NONE N/A
/70 97- 557
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Palm Grove Subdivision Plat Book 14 Page 66
Lot 28, Public Records of Dade County, Florida
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 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.
100% Ownership
Gladys Manzo
Rogelio Manso
Ezra B Acosta
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
OWNER OR ATTORNEY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY. OF DADE }
Gladys Manzo , being duly sworn, deposes and says that he
is the (Please Print) (Owner) (Attorney for Owner) of the real property described in
answer to question #1 above; that he has read the foregoing answers and that the same
are true and complete and (if acting as attorney for owner) that he has authority to
execute the disclosure of Ownership form on behalf of the owner.
(SEAL)
Sig ure of Owner or Attorney for Owner
SWORN TVAND'SUBSCRIBED
before me this
day of 40L)or , 19'-'
Notary Public, State of Florida a e
MY COMMISSION EXPIRES: ---
97= 5057
+ND RETURN TO:
'F'.E$7$rc4��
Citation Tdle Company, Inc, t'E,_.
1225 S.W. 87th Avenue
Miami, Florida 33174
95-2119
AS PURSUANT TO ISSUANCE OF TITLE INSURANCE POLICY
WARRANTY DEEW
(Ind. - Ind)
(Statutory Form -Section 689.02 F.S.)
WR319_350 1995 AUG 09 14:1
IiARVEY RfV€Ni CLERK% ;�_ F. ,1TYy r
This Indenture, made this 3rd day of August, 1995, between
EDGAR DAMAS-ESTACO, A MARRIED MAN
whose post office address is 20713 S.W. 119TH PLACE, MIAMI, FLORIDA 33177, hereinafter called the Grantor*, and
ROGELIO H. MANSO and EVA B. ACOSTA, HIS WIFE AND GLADYS F. MANSO, A SINGLE
WOMAN
whose post office address is 2225 S.W. 19TH STREET, MIAMI, FLORIDA 33145,
hereinafter called the grantee*.
WITNESSETH: That said grantor, for and in consideration of the sum of TEN AND N01100 (S10.00) Dollars, and
other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained and sold to the grantee, and grantee's heirs and assigns forever, the following described land, situate, lying
and being in Dade County, Florida, to wit:
Property Folio No.: 01-4110-025-0190
Lot 28, in PALM GROVE, according to the Plat thereof, as recorded in Plat Book 14, at Page
66, of the Public Records of Dade County, Florida.
THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR OR ANY MEMBER
OF HIS FAMILY, NOR IS IT ADJACENT OR CONTIGUOUS TO TH= HOMESTEAD OF THE GRANTOR
OR ANY MEMBER OF HIS FAMILY. GRANTOR RESIDES AT: Z D7 3 S u. C--,
,.
Subject to restrictions, reservations, easements and limitations of record, it any, provided that this shall not serve to
reimpose same, zoning ordinances, and taxes for the current year and subsequent years.
Said grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims of all
persons whomsoever.
*"Grantor" and "grantee" are used for singular or plural, as context requires.
In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in.our presence.
Signature of yy1tnm_ EDGAR DAMAS-ESTACO
//�� VA address: 20713 S.W.119TH PLACE, MIAMI, FLORIDA 33177
Printfrype name W' _ems, _
Signatur by y✓Itness
Print/Type name of Witness
STATE OF Florida
COUNTY OF Dade
The foregoing instrument was acknowledged before me this 3rd day of August, 1995, by'
EDGAR
DAMAS-ESTACO, who is personally known tome or who has produced DRIVERS LICENSE as identification and who did NOT
take an oath.
!� (SEAL) _ R*oJ:'.0:1� try OFF ILSA.I RECORDS tiOC
00 DA9E COUNTY, FLORIDA.
tfc,= VE;IFIEty Ik F �
1�