HomeMy WebLinkAboutR-95-0593RESOLUTION NO. 9 5- 593
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND THEREBY DENYING TWO
VARIANCES FROM THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, C-1
RESTRICTED COMMERCIAL, PERMITTED PRINCIPAL
USES, TO ALLOW A SIDE YARD SETBACK OF 5' -1"
(10'-0" REQUIRED) AND TO WAIVE FOUR (4)
PARKING SPACES OF SEVEN (7) PARKING SPACES
-REQUIRED FOR AN ADDITION TO AN EXISTING
COMMERCIAL STRUCTURE LOCATED AT 6600 BISCAYNE
BOULEVARD, MIAMI, FLORIDA; ZONED C-1
RESTRICTED COMMERCIAL/SD-9 BISCAYNE BOULEVARD
NORTH OVERLAY DISTRICT.
WHEREAS, the Miami Zoning Board at its meeting of May 22,
1995, Item No. 3, duly adopted Resolution No. ZB-56-95 by a nine
to zero (9-0) vote, granting two variances as hereinafter set
forth; and
WHEREAS, the Planning, Building and Zoning Department has
taken an appeal to the City Commission from the granting of the
variances; and
WHEREAS, the City Commission after careful consideration of
this matter, and notwithstanding the decision of the Zoning
Board, finds that there are no peculiar circumstances affecting
this parcel of land and that no practical difficulties and
unnecessary hardships do exist which would impair the owner's
right to the reasonable use of the property.without the grant of
variances as hereinafter set forth;
CITY COMMISSION
MEETING OF
J U L 1 3 1995
Resolution No,
95- 593
.YA,,
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 Miami Zoning Board in
this matter is reversed, and the request for two variances from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City
of Miami, Florida, Article 4, Section 401, Schedule of District
Regulations, C-1 Restricted Commercial Permitted Principal Uses,
to allow a side yard setback of 5'-1" (101-01, required) and to
waive four (4) parking spaces of seven (7) parking spaces
required for an addition to an existing commercial structure on
the property located at 6600 Biscayne Boulevard, Miami, Florida,
more particularly described as Lots 7 and 8 less the East 10
feet, Block 6, AMENDED PLAT OF MORNINGSIDE, as recorded in Plat
Book 15, at Page 15, of the Public Records of Dade County,
Florida, zoned C-1 Restricted Commercial/SD-9 Biscayne Boulevard
North Overlay District, is hereby denied.
Section 3. This Resolution shall become effective
immediately upon its adoption.
- 2 - 95- 593
PASSED AND ADOPTED this 13th day of July 1995.
STEPAN P. CLARK, YOR
ATTEST:
V
WALTER J. F
CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Aywpo //1 k0a,
. I NES, TIS
CITY A EY
I.
- 3 - 95- 593
ZONING FACT SHEET
LOCATION/LEGAL 6600 Biscayne Boulevard
(Complete legal description -with the Hearing Boards Division).
APPLICANT/OWNER Hector & Lourdes Perez (Owners)
6600 Biscayne Blvd.
Miami, Florida 33138
541-9791
Jorge R. Socarras for Rimje, Inc.
(Leasee)
ZONING C-1 Restricted Commercial/SD-9 Biscayne Boulevard North Overlay District.
REQUEST Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Article 4, Section 401, Schedule of District Regulations, C-1 Restricted
Commercial, Permitted Principal Uses, to allow a side yard setback of 5'-1 (10'-0
il
required) and to waive four (4) parking spaces —of seven (7) spaces required for an
addition to an existing commercial structure; zoned C-1 Restricted Commercial and
SD-9 Biscayne Boulevard North Overlay District.
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 Nc: 92-142 Last Hearing Date: 01/29/92 Found: GUILTY
Violation(s) Cited: Case #92-142, Working without permit, bldg. &/or roofing, etc.; Case N92-619,
Working without permit, bldg. &/or roofing, etc; No sign permit.
Ticketing Action: N/A 06/01/92 $150.00 07/15/92
Affidavit of Non -Compliance issued on: 03/02/92 Daily Fine: $150.00 Lien Recorded On: 04/01/92
Total Fines To Date: $181,950/$168,300.00
CEB Action: Ordered to comply by 2/28/92 or be fined $150 per diem; Ordered to comply by 5/29/92 or be
fined $150 per diem.
HISTORY
ANALYSIS The Planning, Building and Zoning Department is recommending denial of the requested setback
and parking variances for a proposed addition to an existing commercial structure on Biscayne
Boulevard, based on the following findings: 1) the subject property is of a standard lot size
and configuration, and reasonable use of the property is currently being achieved without the
requested variances; there is therefore no hardship to justify the requested variances; and 2)
the grant of this variance would confer on the petitioner a privilege which is denied by the
zoning ordinance to other properties within the same zoning district; in this case
particularly, the benefit received by the applicant could be detrimental to the surrounding
area by resulting in an overbuilt site with insufficient parking.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Granted for twelve (12) months in which a bldg. permit must be obtained. (Res. No.56-95)
Sergio Rodriguez, Director of Planning, Building & Zoning Dpt.
N/A.
95- 384 Page 1 May 22, 1995 9 5- 593
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Teresita L. Fenwdez, Chief DATE June 2, 1995, FILE
Hearing Boards Division
SUBJECT
Appeal of variance for
A/ 6600 Biscayne Boulevard
FROM REFERENCES:
Rodriguez, Me��(
Planning, Building and Zoning DqMrUMtiNCLOSURES:
Please consider this as an —official appeal of the variame granted by the
Zoning Board on May 221, 1995 for the pxRxwty located at 6600 Biscayne
Boulevard.
The basis for this appeal is as follows:
1. There is no hardship to justify the requested variance; the subject
property is of standard lot size and configuration which signifies that
reasonable use can be obtained without the requested setback and parking
variances;
2. If granted,, the requested variances could have an extremely adverse effect
on the surrounding neighborhood in two aspects;
1) The existing structure is a grocery store which has only 3 parking
spaces; 5 were required under a previous ordinance, therefore,, the property
is already grandfathered for less parking than required; this situation
will be further by a request to grant a variance for yet
another 4 required spaces. The impact to the adjacent neighborhood will be
caused by the spillover of vehicles which will have to park on residential
streets during busy market hours.
2) The request for a reduction of required setback area is accompanied by a
request for a waiver of landscaping requirements; this request will have a
negative aesthetic effect on Biscayne Boulevard creating an overcrowded
and degraded appearance within a district whichby is actively trying to
enhance its image and attract now businesses.
Please place this appeal on the next available City Commisaion agenda.
to
95- 593
s,
Mr. Gary M. Carman offered the following Resolution
and moved its adoption.
RESOLUTION ZB 56-95
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1
OF ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE
VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED
COMMERCIAL, PERMITTED PRINCIPAL USES, TO ALLOW A SIDE
YARD SETBACK OF 5'-111 (10'-O" REQUIRED) AND -TO WAIVE FOUR
(4) PARKING SPACES OF SEVEN (7) PARKING SPACES REQUIRED
FOR AN ADDITION TO AN EXISTING COMMERCIAL STRUCTURE
LOCATED AT 6600 BISCAYNE BOULEVARD LEGALLY DESCRIBED AS
LOTS l AND 8 LESS EAST 10 FEET, BLOCK 6, AMENDED PLAT OF
MORNINSIDE (15-15) PUBLIC RECORDS OF DADE COUNTY; ZONED
C-1 RESTRICTED COMMERCIAL/SD-9 BISCAYNE BOULEVARD NORTH
OVERLAY DISTRICT. THESE VARIANCES WERE GRANTED PER PLANS
ON FILE WITH A TIM LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING P RMIT MUST BE OBTAINED.
Upon.being seconded by Mr. Lorenzo Luaces
the motion was passed and adopted by the following vote:
AYES: - Mses. Basila & Morales. Messers.
Carman, Luaces, Barket, Crespo, Milian,
M ran-Ribeaux & Hernandez.
NAYES: None
ABSENT: Mrs. Ileana Hernandez.
Ms. Fernandez: Motion carries 9-0.
May 22, 1995
Zoning Board
Item# 3 .5
95-- 593
44"N'
1
ZONING BOARD ACTION Ol dTITION POR vARIANCE
MOTION:
I move the quest on agenda item �� be
(denied) granted) in that the requirements of
Section 1 re (were not) satisfied by
relevant evident the record of the public
hearing, __.,..._
a) as stated in the City's finds of fact, or
b) as demonstrated by the petitioner, or
c) on the basis of the following:
The Zoning
Board shall make findings th of the requirements
and standards
of Section 1903.1 eve been (have not been)
demonstrtated.
CHBCX ONE
a) Special conditions and circumstances (exist) (do
OF EACH
not exist) which are peculiar to —the land,
STATEMENT
structure or building involved and which are not
•
applicable to other lands, structures, or
-
buildings in the same zoning district.
mil) 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 < t-ircumstances (do) duo
not result from the actions of the petitioners
_ 11) as stated in the.City's findings of fact
2) as demonstrated by the petitioner
•a
3) as otherwise stated below:
c) Literal interpretation of the provisions of the
zoning ordinance (would) (would not) deprive the
applicant of rights commonly enjoyed by otbee
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:
�5� 593
d) Granting the varib:.a requested wf i111 (will not)
convey the same treatment to t —e individual
owner as to the owner of other lands,buildings,
or structures in the same zoning district.
/1), as stated in the City'a findings of fact
✓ 2) as demonstrated by the petitioner
3) as otherwise stated below
e) Granting the variance requested �Wfll (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 ba) (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:
as stated in the City's findings of fact
2/2) as demonstrated by the petitioner
3) an otherwise stated below:
0
Item
e
9 5 - 593
.30-
Y�
PETITION FOR VARIANCE File Number qLk 3k4
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. (Sect;on 1901)
wet
Hector, Perez W Lourdes 11 hereby getition 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 `6600 BISCAYNE BL Miami as specified below.
In support of this application, the following material is submitted:
XX 1. Two copies of a survey -of the properti prepared by a State of Florida
Registered Land Surveyor.
XX 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.
XX 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (attach to application).
XX 4. Certified list of owners of real-estate within a 375-foot radius of the
outside boundaries of property covered by the application.
XX -5. At least two photographs that show the entire property (land and improve-
ments).
XX
6. Other (Specify) a eb
7. Fee `of t,2 9 o to apply toward the cost of processing, based on the
following:
CS, 'PR,. R-1, R-2, (single-family
and duplex residential uses) .............E 200.00
Piers, docks, wharves and the
like, for each variance from
the ordinance, per lineal foot ........... E MOO
Miniuus................................... E 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) ............. E 0.07
Minimum .................................... E 550.00 X 2 $1 1 0 0 j
95-- 593
to
b
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-21......................... S 200.00
All other residential districts .......... $ 350,00
All nonresidential districts ............. $ 450.00 X 2 = $ 9 0 0
Extension of time for variance ........... $ 400.00
MAILING CHARGE $3 EA. X 56 NEIGHBORS _ $168
Surcharge equal to applicable fee from iteas above',
not to exceedsix hundred and fifty dollars ($650), _ $ 6 5 0
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 (M) feet of the subject property.
(City Code - Section 62-61)
MAILING SURCHARGE $3 EA. X 56_ _ $168
TOTAL: — — — — —
$2986.
XX a. The variance requested is for relief from the provisions of section 4 01
of the City of Miami Zoning Ordinance as follows:
1. VARIANCE AS PER CITY OF MIAMI ZONING ORDINANCE 11000 AS AMD.
ART. 4f SEC 401 SCHED. OF DISTRICT REG TO PERMIT A
STRUCTURE WITH THE FOLLOWING INTENSITY
SIDE SETBACK: REQ'D 10'-0"
PROPOSED: 5'-1"
2. VARIANCE AS PER CITY OF MIAMI ZONING ORDINANCE 11000
AS AMD ART 4 SEC 401F SCHED OF DIST. REG. TO PERMIT A
STRUCTURE WITH THE FOLLOWING PARKING:
PARKING: REQUIRED: 7
PROPOSED: 3
XX 9. In support of the application, the applicant is prepared to offer the
following evidence, on the point enumerated at Subsectiun 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.
XX (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.)
The REMOVAL of a temporary storage trailer makes it necessary for
the applicants to build the necessary STORAGE ADDITION into part
of the setback.
The DEDICATION of 10 ft. of the front of the property makes it
obligatory to reduce the number of parking spaces as requested
by applicants.
95- 593
I
(b) The special- conditions and circumstances do not result from the actions of the
petitioner in that:
THE PETITIONERS made use of temporary storage in order to
fill the need for extra storage space. The _additional
storage space is still needed, and that is why the petition-
ers are asking four the variance required to build the extra
space.
Also, the future widening of Biscayne Blvd., and the
dedication.of, of a 10 ft. wide strip from the front of the
property, makes it necessary to eliminate some of the
space that would otherwi;e have been used for parking.
_.IX (c) U feral interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same
zoning district under the terms of the zoning ordinance and would work
unnecessary and undue hardships on the petitioner in that:
THE PETITIONERS` are asking for a reasonable use of their
property by building a small storage into part of the
setback, and this petition is for their enjoyment and not
to increase the value of the property.
A1'so, with the PARKING variance, many more properties
along Biscayne Blv. will be affected because of the loss
of 10 ft. front along the Blvd. through dedication as
a right of way.
XX (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:
The PETITIONERS are seeking.the minimum variance with
the least amount of modifications possible in order
to make.better use of their property. It is common on
Biscayne Blvd. to require this type of variance because
of the future widening of the street, and the efforts
by city officials to beautify Biscayne Blvd.
XX (e) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure 1n that:
Because of a technicallity, that is, that the neighboring
property is, zoned for "Offices", and is not residential,
it'is that the setback requirement is 10 ft. instead of
5 ft..°An only because of that, the variance'is being
requested.*
The variance for the parking, because many of the
customers are within walking distance of the business,
and many do not own cars -in this particular neighbor
hood, the additional parking will not be require t.5 _ 593
15
XX_ (f)Jhe 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
THE VARIANCE, IF GRANTED, WILL SIGNIFICANTLY.ENHANCE THE
PROPERTY; AND THE NEIGHBORHOOD, BECAUSE OF THE ADDITIONAL
TREES AND LANDSCAPING THAT WILL BE INCLUDED IN THE
PLANS FOR THE ADDITION.
,IT`WILL.NOT RESULT IN SUBSTANTIAL DETRIMENT TO ADJACENT
PROPERTIES OR THE SURROUNDING NEIGHBORHOOD, AND IT WILL
NOT'`BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE.
Note: All documents, reports, studies, exhibits or other written or graphic material to
be submitted to the Zoning Board shall be submitted with this application.
Signature
6wner or Authorized A nt
Name Hector Perez
Address 6600 BISCAYNE BL
STATE OF FLORIDA)
MIAMI, FL 33138
SS:
COUNTY OF DADS )
HECTOR PEREZ
being duly sworn, deposes and says that he is the
(Own ernlAuthorized Agent of Owner)
of the real property described in answer to question II
move; 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 author ty to execute this petition on
behalf'of the owner.
(Nave) HECTOR PEREZ
SWORN TO AND.SUBSCRIBED
before ens `this day of
Al
•;
/Notary PubE Late of.FWida at Large
'
��Rr PGeGCPPIClALNOTARY MAL
NY Commission Expires:
_ �CAeLos MARADIA9A
,. COMMON NUMeee
cc1eeeao
7 C� MY .COMMIXXION FXP.
OFfAR. 294996
95_ 593
XX (f) The grant of the variance will be in harmony with the .general intent d purpose
o4 the Zoning Ordinance, and will not be injurious to the neighborhood, or other.
wise detrimental to the public welfare.
THE VARIANCE? IF GRi1NTED, WILL SIGNIFICANTLY ENHANCE THE
PROPERTY AND THE �IE:[GHBORHOOI)r BECAUSE OF THE ADDITIONAL
TREES AND LANDSCAI•I14G THAT WILL BE INCLUDED IN THE
PLANS FOR THE ADDITION.
IT WILL NOT RESULT IN SUBSTANTIAL DETRIMENT TO ADJACENT
PROPERTIES OR THE SURROUNDING NEIGHBORH ODO AND IT WILL
NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE.
Note. All documents, reports, stulies, exhibits or other written or graphic material to
be submitted to the Zoning 6oerd shall be submitted with this -application.
Signature",
no or Authorized Agent
Lourdes M Perez
Name
Address 6600 BISCAYNE BL _
STATE OF FLORIDA) MIAMI FL 33138
SSr
COUNTY OF DADS )
LOURDES_'M PEREZ being duly sworn, deposes and says thatshe is the
(�ngsJ.(lluthorized Agent of Owner) of the real property described in answer to question 01
above, thatshe has read the'foreg*ing answers and that the save are true and complete,
and (if acting as agent for owner) :hats_he has autho ty to execute this petition on
behalf of the owner: ) ��
Name) Lourdes M Perez
SWO" TO AND 31��Rlogo
before thin //�,:, dry of 1
ary pub St�fte of Florid at Large
�pBY P` OFMCIAL NOTARY
Ify Commission Expires: ;� ��CARLOS J MARAM q�
i COMMISSION NUMA Ca "610"MOO AN a,�C
CC188480 t10o >�
MY COMMISSION Naf/wROO «
AR. 29199e A r GOINVOO,
ON
AFFIDAVIT
STATE Of FLORIOA }
} SS
COUNTY OF'DADB'' }
8afort 'me, the undersign -id authority, this day personally appeared
HECTOR PEREZ who being by me first duly sworn, upon oath, depose.
and says:
1. That he is the owrer, or the legal representative of the owner,
submitting the accompanying afpl ication for public hearing as, required by
Ordinance 11000:of the Code of •thy City of Miami, Florida, affecting the real
property located in the City cf i41aoi, 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.
34 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 realproperty of whirh'he is the owner or legal representative.
{." The facts as reprtsanted in the application and documents submitted
in conjunction with this affidavit are true and correct.
_Further Affiant sayeth not:
(SEAL)
Name) HECTOR P REZ
Sworn to and Subscribed`before'sxs
this �` dey of
1"RY PU. OFlFO NOTARY U&
d G CARLOS J MARAM"
y COMMISSION NUM6[W
ccleaae0 '
• (L , / 4 G /' - 7 . MY COMMISSION FXP.
llotarl►,. ir, State of Florida at Large �OFFLO AR. 231996
9 ri _ 593
.A)
AF_FI0AY I T
STATE OF FLORIDA }
} ss
COUNTY OF DADS }
Before me, the undersigned authority, this daffy personally appeared
I,OURDES M PE23EZ who being by we first duly sworn, upon oath, deposes
and says:
1. That she 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 whichshe represents, if any, have given their full
and complete permission forherto 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 codunction with this affidavit are true and correct.
Further Affiant sayeth not.
(SEAL)
(Name)
I owdes M Perez
Sworn to. and Subscribed before me
this �(� �ay of Id T. A. L 4 c E'v E
Notary Puipc, State of Florid at La ar p&a 01,mu r+orAPIr sw.
n CARLO* J NARAINAGA
, COMIi7pfON puys�
My Commission Exeires� cceeuea 9 5
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OWNER'S LIST
Owner's Name HECTOR PEREZ
Mailing Address 6600 BISCAYNE BL MIAMI FL 33138
Telephone Number (305) 541-9791
Legal Description: MORNINGSIDE AMD PL PB 15-15
LOTS 7 & 8 LESS E10F'T BLK 6
Owner's Name LOURDES M PEREZ
Mailing Address 6600 BISCAYNE BL MIAMI FL 33138
Telephone Number( 305) 541-9791
Legal Description:
MORNINGSIDE AMD PL PB 15-15
LOTS 7 & 8 LESS E10FT BLK 6
Owner's Name
Mailing Address
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 Legal Description
NONE
Street Address Legal Description
Legal Description
- 593
'r� I
DISCI.OSORE OF OWNERSHIP
1. Legal description and street addrnv: of subject real property:
MORNINGSIDE AMD-PL PB 15-15
LOTS. 7 & 8 LESS E1-dFT 131,K . 6
6600'/ / BISCAYNE / EL
MIAMI FL 33138
2. Owner(s) of subject real propert3 and percentage of ownership. Note: City of Miami
Ordinance No. 9419 requires disc'osure of all parties having a financial interest,
either direct or indirect, in %he subject matter of a presentation, request or
petition.to the City Commission. Accordingly, -question 02 requires.disclosure of
shareholders of 'corporations, beneficiaries of trusts, and/or any, other interested
parties,together with their add.,esses and proportionate interest.
HECTOR PEREZ 50% ,)s OWNERS TO_:ETS.ENTIRETY
LOURDES-M PEREZ,-WIFE 50
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 02, :nd (b) located within 375 feet of the subject
real property.
NONE
-Z
OWNER OR ATTORNEY FOR OWNER
HECTOREZ
STATE OF FLORIDA } SS:
COUNTY OF DADS } '
HECTOR PEREZ. being duly sworn, deposes and says that he is the
(p5�n (Attorney for Owner) of the ,,eal property described in answer to question 01,
above; that he has;read the foregoing answers and that the same are true and complete;
and (if acting as attorney for o+wntr) that he has authority to execute the Disclosure
of fMnership fom on behalf of the ow3er.'
(SEAL)
' HFCTOR PEREZ (Nerve
SWORN TO AND SUSS 1 EO
before _ee this
day: oi,%% �;.,'"197 Z
Note ubIk. State of Florida at,Large
NY COMMISSION, EXPIRES: *VF
avpi CAR OOSSNi�MARMARADMA
ny COMMISSION NUMBLn
< CC183480
11 MY COMMISSION W,
AR. 231996
- 95- 593
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
MORNINGSIDE AMD PLJJ PB 15-15
LOTS 7 & 8 LESS Eli FT BLK 6
BISCAYNE / BL '
MIAMI FL 33138
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, benef_trJaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
HECTOR PEREZ 50% OWNERS TO ITS ENTIRETY
LOURDES M PEREZ, WIFE 50%
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 02, and (b) located within 375 feet of the subject
real property.
NONE
OWNER OR ATTORNEY .FOR OWNER
LOURDES ICI PEREZ
STATE OF FLORIDA ` } ' SS:
COUNTY OF DADS }
LOURDES M PEREZ being duly sworn, deposes and says thatshe is the
(Owns (Attorney for Owner) of the real property described in answer to question #I,
Wye; thatshe has read the foregoing answers and that the same are true and complete,
and (if acting as attorney for owner) thatshe has authority to execute the Disclosure
of Ownership form on behalf of the owner.'
(SEAL)
SWORN TO AND SUBFRIr -��ED'
before me thus i
day of "E" c�Igo
�MY CISSION EXPIRES:
LOURDES c "MAL Ni MA1�►lA�U& {
ASA
COMMI3310M
}j>�< cc1$84l0
7A _a� MY COMMIZ►{tOPI EXP.
"tary ubl
,at Large
95- 593
St
'PETITION FOLVARIANCE ` File Number (fl.
A variance is relaxation of the terms ,2of the oir�inance where such
action will not be contr�j tolihi —apbliiil 4fierest and where,
Owing to cond!ti^ns peculiar to the,properrty and not the result
of actions of the applicant, a literal enforce�eent 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),
,We,4� �Jo� j� � �jcA�rt�}S �o�= <T,iN�'-e C
.j hereby petition the City of Miami Zoning Board for a
variance from the terns of the "Zon+ng Ordinances of the City of Miami," affecting
property located at 6600 BISCAYNE BL Miami as specified below.
In support of this application, the following material is submitted:
XX 1. Two copies. of a survey of the property prepared by a State of Florida
Registered land Surveyor.
XX 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.
XX 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (attach to application).
XX q, Certified list of owners of real estate within a 375-foot
radius of the
outside boundaries of property covered by the application.
XX 5, At least two photographs that show the entire property (land
ind improve-
ments).
XX 6.:Other (Specify)
7. Fee of $ 29� to apply toward the cost of processing,
based on the
-. following: ,.
CS, PR, R-1, R-2, (single-family
and duplex. midential uses) ............. $ 200.00
Piers, docks, weenies and the
like, for cacti variance frog
the ordinance, per lineal toot .. ........ $ 30.00
Minimum ................... ...... ..... f 600.00
All other applications for lath variance
from the ordinance, per square foot of
gross floor arse of new buildings) or
additions, based upon the definition
of:floor area (section 1901) ............. 3 0.07
Minim ................................... f 550.00
X2 - $1 1 0
95
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
"veria`nce:
CS, PR, R-1, R-2!......................... S 200.00
All other residential districts ....... S 350.00
All nonresidential districts ............. S 450,M X
Extension of time for variance ........... S 400.60' '
MAILING CHARGE $3 EA. X 56 NEIGHBORS, $168
Surcharge equal to applicable fee from items above,
not :to exceed six hundred and ` fifty dollars ($650) , $ 6 5 0
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)
MAILING SURCHARGE $3 EA. X 56 _ $168
TOTAL: — ------ $2986.
e
XX $. The variance requested is for relief from the provisions of section 401
of the City of Miami Zoning Ordinance as follows:
1. VARIANCE AS PER CITY OF MIAMI ZONING ORDINANCE 11000 AS AMD.
ART. 4, SEC 401 SCHED. OF DISTRICT REG TO PERMIT A
STRUCTURE WITH THE FOLLOWING INTENSITY:
SIDE SETBACK: REQ'D 10'-0"
PROPOSED: 5'-1"
2. VARIANCE AS PER CITY OF MIAMI ZONING ORDINANCE 11000
AS AMD ART 4 SEC 401, SCHED OF DIST. REG. TO PERMIT A
STRUCTURE WITH THE FOLLOWING PARKING:
PARKING REQUIRED: 7
PROPOSED: 3
XX
9. In support of the application, the applicant is prepared to otter the
following evidence. on the point enumerated at Subseetiun 19031 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.
XX
(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 saw zoning district in that: (list evidence
to be produced and use additional sheets. if necessary.)
The
REMOVAL of a temporary storage trailer makes it necessary for
necessary STORAGE ADDITION into part
the
applicants to build.the
of
the setback.
The
DEDICATION of 10 ft. of the front of the property makes it
spaces as requested
obligatory
to reduce the number of parking
by
applicants`.
.115;41r,
"WIN)
(b) '(he special conditions and circumstances do not result frog the actions of the
petitioner in that:
, " . �,J
THE PETITIONERS made use 8fEJMP46i0y storage in order to
fill,the need for extra storage Space. The additional
storage space is still needed, and that is why the petition-
ers are asking for the variance required to build the extra
space.
Also, the future widening of Biscayne Blvd., and the
dedication of of a 10 ft. wide strip from the front of the
property, makes it necessary to eliminate some of the
space that would otherwise have been used for parking.
XX (c) Literal interpretation of the provisions of the toning ordinance would deprive
the applicant of rights commly enjoyed by other properties in the saw
zoning district under the torus of the zoning ordinance and would work
unnecessary and undue hardships on the petitioner in that., -
THE PETITIONERS are asking for a reasonable use of their
property by -building a small storage into part of the
setback, and this petition is for their enjoyment and not
to increase the value of the property.
Also, with the PARKING variance, many more properties
along Biscayne Blv. will be affected because of the loss'
of 10 ft. front along the Blvd. through dedication as
a right of way.
XX (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 sum zoning district in thatt
The PETITIONERS are seeking the minimum variance with
the least amount of modifications possible in order
to make better use of their property. It is common on
Biscayne Blvd. to require this type of variance because
of the future widening of the street,, and the efforts
by city officials to beautify Biscayne Blvd.
XX TM variance, if rented, is the mini" variance that will make possible the
reasonable use of the land. building, or structure in that:
Because of a technicallity, that is, that the neighboring
property is zoned for "Offices", and is not residential,
it is that the setback requirement is 10 ft. instead of
5 ft. An only because of that, the variance is being
requested.
The variance for the parking, because many of the
customers are within walking distance of the business,
and many do not own cars in this particular neighbor-
1- 1� aAA4 4- 4 1 1P 4 rN n v.9 4 1 1 4- 4 v-nA 9 5 - 593
ak.N
XX (f) The—grnrtt of the variance will be in harmony witt she general 17CEiit and purpose
of the Zoning Ordinance, and will not be injurir s to the neighborhood, or other.
wise detrimental to the public welfare.
THE VAR TANC'R, IF GRAwrn, WILL :;i:cmFICAN't'f,Y ENHANCE THE
PROPERTY AND THE NEIG11801.HOOD, BECAUSC OF :'HE ADDITIONAL
TREES AND LANDSCAPING THAT WILL, BE 'INCLUDED IN THE
i PLANS FOR 'r[IE ADDITION.
IT WILL NOT RESULT IN SUBSTANTIAL DETRIMENT TO ADJACENT
TROPERTIES OR THE SURROUNDING NETGHTBORHOCD, AND IT WILL
SOT '13E MATERIALLY DETRIi9EN1'A1, TO THE !'Ui3I=IC WELFARE.
' rjt
NoteM1] documents, reports, studies, exhibits or other written or graphic material to
bi submitted to the Zoning Board shall be su ted with this appllcatlon,
i Signature —
er or Author ed A nt
Lf ! e5,
Address 6600 BISCAYNE BL
STATE OF FLORIDA) MIAMI FL 33138
SS:
COUNTY OF DADE )
J7 -,1V2,e ling duly sworn, deposes and says that ha is the
(Owner)jAuthorized Agent of Owner) of the real property described in answer to question li
(( aBEY—s; that he has read the'foregoion answers and that the saw are true and complete;
l and .(if acting as agent for owner) that he has author ty to execute this petition on
behalf of the owner.
j SWORN To AND SUISCRIBED
before m this 3 ` day of
Not..y Pu6ir.�State of Figrida at large
Ry cemission Expires:
NG:.ji Y PG 1C !7KM. =1f
my CK)*:T.tSrsS;,:N
�: tlUrl i 7Ei u L-ai'I AL a,5, UND.
95- 593
i
- - DISCLOSURE OF OWNERSHIP
1. Legal description and street .iadress of subject real property:
MORNINGSIDE AMD PLPb 15--15
LOTS 7 & 8 LESS EldFT BLK 6
6600 / / BISCAY'NE / RL
MIAMI FL 3:3138 —
2, Owner(s) of subject real property and percentage of ownership. Note: C-ky of Miami
Ordinance No. 9419 requires disclosure of ell 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 o2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest. -
#e Pe rte OWNERS TO ITS ENTIRETY
20 0
✓�� M p I'Al C 7�e ti NHS 'Z o
3. Legal description and street addressllOireal property �(a) owned by any party
listed in answer to question i2, and (b) located within 375 feet of the subject
real property. _
NONE
OWNER OR ATTORNfrY'FOR DINER
A� e X- o cq er—ic-q�S r`, iL
STATE OF FLORIDA } SS:
COUNTY OF DADS }
being duly sworn, deposes and says thatshe is the
of the real property described in answer to question 01,
71,�0va; thatshs has read the foregoing answers and that the sage are true and complete;
and (if acting as attorney for owner) thatche has authority to execute the Disclosure
of Ownership form on behalf of the Mier.
_(SEAL)
SWORN TO AND SUBSCRIBED
before me. thi; 3
day of
/ Nbtrry Publ c,, '• of r1ormyat large
NOTA'kMY COfMISSION EXPII;l 0u ".?c,�ra rFrrr ^. X:M _ -
BONDED
SS
COUNTY OF OADE }
Before ewe, the undersigned authority, this day personally appeared
�ID�Sa° /f SOCa4 rr.f— o being byse first duly sworn, upon oath, deposes
and says:
1. That She 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 whichghe represents, if any, have given their full
and complete permission fork-erto 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 nw,*ers and legal descriptions
for the the real property of which he is th:leg PA
presentative.
i. The facts as represented in the application and documents submitted
In conjunction with this affidavit are true and correct.
Further Affiant sayeth not..
(SEAL)
Swaim to and Subscribed before
this dagr of M-110
yg
Notary c, State of Floridat Lip.* s,rc -.,_• _r, �.,i .
V
• 95- 593
Form A260 LIMITED POWER OF ATTORNEY
(With Durable Provision)
TO ALL PERSONS. bf It known, that
1.
of RrM?Er•r dC an alimit d u G� tor, do hereby make d grant a limit an specific power of attorney to .j'Or 4 e.,, Q � l2R.t7-j
ofrC/IAT` 21f�Cr bfs�� Arrtey SV'0'2a�rekeT a
and appoint and cons cute a d rndividual as my attorney -in -fact
My named attorney -in -fact shall have full power and authority to undertake, commit and perform only
the following acts on my behalf to the same extent as if I had done so personally; all with full power of
substitution and revocation in the presence: (Describe specific authority)
The authority granted shall include such incidental acts as are reasonably required or necessary to carry
out and perform the specific authorities and duties stated or contemplated herein.
My attorney -in -fact agrees to accept this appointment subject to its tema, and agrees to act and perform
in said fiduciary capacity consistent with my best interests as my attorney -in -fact deems advisable, and I
themupoa ratify all acts so carried ouL
I agree to reimburse my attorney -in -fact all reasonable costs and expenses incurred In the fulfillment of
the dudes and responsibilities enumerated herein.
Special durable provisions
This power of attorney shalt not be affected by disability of the Grantor. This power of attorney may be
revoked by the Grantor giving notice of revocation to the attomey-in-fact, provided that any party relying in
good faith upon this power of attorney shall be protected unless and until said party has either a) actual or
constructive notice of revocation, or b) upon recording of said revocation in the public records where the Grantor
resides.
Other terms
Signed unda seal this day of �9/ 1919T .
Signed in the presence of:
Witness Grantor
Witness Attomeydn-Fact
State of }
County of
On before m,
appeared
personally knowgto me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hialller/dseir authorized capacity(ies), and that by his/her/their signsture(s) on the instrument the, person(s), or the
entity upon behalf of which the on(s) acted, executed the Instrument
WiTNBSS my hand and official
• Signs e
Affiant 4w.n.. �—Produced ID
Type of ID R e 41 C ilr. THAMHS
Notary StstaolFakia
fat Corwc aC t harsh M t
Dever it Olfked NNooMrry Service
I I n &2 Lgyottr Particular
Before you use this form, read it. 011 is VI blanks, u oaks whatever c . U121
necessary to your particular ttamaaoa. Consult s lawyer if you doubt the farm's fit
E•Z Legal Forms and the retailer make no representation or warranty, express or implie4 with respeN to the
merchantability of this form for an intended use or purposo.
— _ (Revised 7M). 4
35- 593
Form A240 LIMITED POWER OF ATTORNEY, - 3 �
(With Durable Provision)
TO ALL PERSON , Pe it known, that I,M.9HA --Z Soe ARRAS
ef /yaeeZ Sapeh�I4ke f- m
as GrantoTr, do hereby make t a limCl Nand specific power of attorney to
R� t? :7 , So cAR R A$,
a' '"lgnluld�aituie ta/ itfdiv idlkleih 54fney`/ fact. t
Po y atto m•facL
My named attorney -in -fact shall have full power and authority to undertake, commit and perform only
the following acts on my behalf to the same extent as if I had done so personally; all with full power of
substitution and revocation in the presence: (Describe specific authority)
The authority granted shill include such incidental acts as are reasonably required or necessary to cant'
out and perform the specific authorities and duties stated or contemplated herein.
My attomeybt•foet agrees to accept this appointment subject to its terms. and agrees to act and perform
in said fiduciary capacity consistent with my best interests as my anorneyIn-fact deems advisable, and I
thereupon ratify all acts so carried ouL
I agree to reimburse my attorney -in -fact all reasonable costs and expenses incurred in the fulfillment of
the duties and responsibilities enumerated herein.
Spacial durable provisions:
This power of attorney shall not be affected by disability of the Grantor. Phis power of attorney may be
revoked by the Grantor giving nod& of revocation to the attomeyin•fact, provided that any party relying in
good faith upon this power of attorney shall be protected unless and until said party has either a) actual or
constructive notice of revocation, or b) upon recording of said revocation In the public records where the Grantor
resides.
Other terms:
Signed under seal this day of �irt/ , 19 9l.
Signed in the presence of:
Witness G or
witness Attomeyin-Fact
State of
County of
on before me.
appeared
personally knowrrto me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name($)
Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the, person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WrrMS my hand and official
Affiant Known —Produced ID
Type of ID / 4-1 CdCgg
RUNRW QS7S' A iMBS
an No" As
Y Ca
Ekas Mardi 25,E
I I O 6•Z Lead. Forms. Before you use dill hem. read it. till in all blan
6 �my to y� p� �oa moult a Lawwfif oa or warranty, nor
E•Z Lead Forms zed the retailer make eq r
9 O (1 maehatuabiaty of this fo m for an intended um or purpose.
(Revised 71%) ,
95-a 593
- - - Form AUD LIMITED POWER OF ATTORNEY'
(With Durable Provision)
TO ALL PERSDN , it known, that I•
r�rM�irt7v �vG•9,y,c.�j
n Grantor, do hereby..'eke and t a�%fidnUted rdspecrfic pots of attorney (o Tegy X. 5o c a rL �t,H•..5
and of ppoiet aka conititute esid j�i lil u my �'tt me n•fec���'��I� Ee+%'
My named attorney -In -fact shall have full power and authority to undertake, commit and perform only
the following acts on my behalf to the same extent as if f had done so personally; all with full power of
substitution and revocation in the presence: (Describe specific authority)
The authority granted shall include such incidental acts as rue reasonably required or necessary to carry
out and perform the specific authorities and duties stated or contemplated herein.
My attorney-in•fact agrees to accept this appointment subject to its tams, and agrees to act and perform
in said fiduciary capacity consistent with my best interests as my attorney -in -fact deems advisable, and I
thereupon ratify all acts so carried out.
1 agree to reimburse my attorney-in•fact all reasonable costs and expenses incurred in the fulfillment of
the dudes and responsibilities enumerated herein.
Special durable provisions:
This power of attorney shall not be affected by disability of the Grantor. This power of attorney may be
revoked by the Grantor giving notice of revocation to the attomey-in-fact, provided that any party relying in
good faith upon this power of attorney shall be protected unless and until said party has either a) actual or
constrtictive notice of revocation, or b) upon recording of said revocation in the public records where the Grantor
resides.
Other terms:
Signed under seal this 3 day of 19 47
Sign in the presence of.
e U
Wits Gram r
Witness Attomey-in-Fact
Stele of }
County of
of, before me,
appeared
personally known -to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names)
Warn subscribed to the within instrument and acknowledged to me that he/ahelthey executed the same in
his/herAbeir authorized capacity(tes), and that by his/her/their signatures) on the instrument the,person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my h d and official seal.
Signature
tao'rAXYPL. �r r- 5�3 f j— Afflant Known�ccd ID
an'�:a.6s C t.'"t* �:rrc,t Type of ID OL S Ze. 2 - 7 — .OVV Z)
O E•Z Lead. Forms. Before you use this form read it. rill in all blanks, and nude whatever ehuaes are
neussary to your pardurlsr ttaasxdon. Consul: a lawyer if you doubt the form's fitness foryyour pu•pose Goal we.
E•Z Leaai Forms and the retailer make no repraentwoa or wartaety, eapreu a impti with gas
to Ua
0 9 0 merelt.ntabiliq of ads tam for m iaeoded use a PaDob.
(Revised 7M)
3
95- 593