HomeMy WebLinkAboutVariance Application & Supp Docs•
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DEPARTMENT OF HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
APPLICATION FOR VARIANCE
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING
ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES
BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE,
MIAMI, FLORIDA, 33133.
APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY
PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL
BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE
APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY
COMMISSION.
THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED, ALONG WITH
PERTINENT DOCUMENTS, ONLY THE FIRST SEVEN DAYS (1-7) OF THE MONTH FROM B:00 AM UNTIL 5:00 PM.
PLEASE NOTE THAT THE CASHIER LOCATED ON THE 4TH FLOOR WILL CLOSE AT 4:00 PM; THEREFORE, THE
COMPLETE APPLICATION, REVIEWED PLANS AND A PAID RECEIPT MUST BE SUBMITTED.
RECORDATION COST FOR THE RESOLUTION IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES.
ALL FEES ARE SUBJECT TO CHANGE.
A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not be
contrary to the public interest and where owing to conditions peculiar to the property and not the
result of actions of the applicant, a literal enforcement of this Ordinance would result in
I, Ben Fernandez, Esq. on behalf of Roads End Village, LLLP
hereby petition the City of Miami Zoning Board for a Variance from the terms of the
Zoning Ordinance of the City of Miami, affecting property located at 928 SW 10th
Street & 915 SW 11th Street , folio numbers 01-4138-011-0330 & 01-4136-012-0220 .
Nature of proposed use (please be specific): Planned Unit Development
townhomes .
1. Three original current surveys of the property prepared by a State of Florida
Registered Land Surveyor within six months from the date of application.
2. Two 11x17" original plans and one 24x36" original plan, signed and sealed by a
State of Florida Registered Architect or Engineer showing property boundaries,
existing (if any) and proposed structure(s), parking, landscaping, etc.; building
elevations and dimensions and computations of lot area and building spacing.
3. Plans need to be stamped by the Department of Hearing Boards first and then
signed by Public Works, Zoning and Planning prior to submission of application.
4. An 8 1/2 x 11" copy of the signed plans attached to this application.
Rev. 03/27/03
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5. An 8 1/2 x11" copy of all exhibits that will be presented at the hearing shall be
attached to this application.
6. Affidavit and disclosure of ownership of subject property and disclosure of interest
(see attached forms).
7. Certified list of owners of real estate within a 500-foot radius of the outside
boundary of the subject property (see pages 7 and 8).
8. At least two photographs that show the entire property (land and improvements).
9. Recorded warranty deed and tax forms for the most current year available that
show the present owner(s) of the property.
10. Other (specify and attach cover letters explaining why any document you are
attaching is pertinent to this application).
11. Cost of processing according to Section 62-156 of the City Code:
CS, PR, R-1, R-2, (single-family and duplex residential uses) $ 250.00
Piers, docks, wharves and the like, for each Variance from the
ordinance, per lineal foot $ 45.00
Minimum $ 700.00
All applications for Variances relating to the same structure shall
be assessed a single fee to be calculated per square foot of gross
floor area of the proposed structure or addition, based upon the
definition of gross floor area found in Section 2502 of Zoning
Ordinance, as amended $ .10
Minimum $ 650.00
Application for Variance as a result of a change in approved plans or as a result of a
violation notice shall be charged an additional fee, per Variance:
CS, PR, R-1, R-2 $ 250.00
All other residential districts $ 450.00
All nonresidential districts $ 550.00
Extension of time for Variance $ 500.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred
dollars (800.00), except from agencies of the City; such surcharge to be refunded to
the applicant if there is no appeal by the applicant or from a property owner within
five hundred (500) feet of the subject property.
Rev. 03/27/03
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12. The Variance request is for relief from the provisions of Section 401 of the
City of Miami Zoning Ordinance as follows:
To permit a 7-foot side street setback on SW 9th Court where a 15-foot setback is
required and a 10-foot front setback on SW 10th Street and SW 11th Street where a
20-foot setback is required.
13. What is the purpose of this variance? To permit a 26 Townhome planned unit
development.
14. Is the property within the boundaries of a historic site, historic district or
archeological zone designated pursuant to Chapter 23 of the Miami City Code? No.
15. Is the property within the boundaries of an Environmental Preservation District
designated pursuant to Chapter 17 of the Miami City Code? No.
16. In support of the application, the applicant is prepared to offer the following
evidence, on the point enumerated at Section 1903 of the City of Miami Zoning
Ordinance. Note: This application cannot be accepted for Zoning Board action
unless all of the following six items are completed.
(a) Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or
buildings in the same zoning district in that: (list evidence to be produced and use
additional sheets, if necessary.)
The property is unique in that it has double frontage (SW 10th Street and SW 11 th
Street) and therefore a 20-foot setback is required on two streets. Property also has
a side street requiring a 15-foot setback. In addition the urban village concept
provides that townhome amenities such as pool and gazebo be clustered in the
center of the property which requires that the applicant reduce the setbacks along
the perimeter.
(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:
The special conditions are in inherent to the lot configuration and location of
adjacent streets.
(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 similarly situated homes and buildings are developed with less than the
required front and side setback. Accordingly, literal interpretation on the setback
requirement would work unnecessary hardship on the Applicant.
Rev. 03/27/03
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(d) Granting the Variance requested will not confer on the petitioner that special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the same zoning district in that:
The area around the property is characterized by a variety of older nonconforming
homes. Many of these homes are developed with less that the required setback
pursuant to current code requirements. Accordingly the variance will not confer
special priveledges on the Applicant.
(e) The Variance, if granted, is the minimum Variance that will make possible the
reasonable use of the land, building or structure in that:
The Applicant is only reducing the setbacks to an extent that is compatible with the
surrounding area and in order to make reasonable use of the land to create an urban
village. Given the unique configuration of the property, the variance is the minimum
possible.
(f) The grant of the Variance will be in harmony with the general intent and purpose of
the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare in that:
The surrounding neighborhood is developed with a variety of nonconforming
grandfathered homes and structures, therefore the proposed variance will be in
harmony with the neighborhoo. Additionally, th eproposed variance will allow the
Appliant to realize the village concept in an urban setting.
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.
Rev. 03/27/03
Signature (-3j
Name Ben Fernandez, Esq.
Address 200 South Biscayne Boulevard, #850
Miami, FL 33131
Telephone 305-377-6235
Date August 7, 2003
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowled ed before me this 7th day of August,
2003, by Ben Fernandez who is an individual I 'personally known to me or 0 who has
produced as identification and wh• 0 did ❑ did not
take an oath.
igeAti
(Stamp)gnatu�'
BETTY LLERENA
MY COMMISSION # DO 095997
EXPIRES: February 27.2008
1.900-3-NOTARY FL Notary Service S So wn@, lno.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by of
a
corporation, on behalf of the corporation. He/She is personally known to me or
has produced as identification and who did (did not) take an
oath.
(Stamp) Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by partner (or agent) on
behalf of
a
partnership. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp) Signature
Rev. 03/27/03
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AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Ben Fernandez,
Esq., who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of
Miami, Florida, affecting the real property located in the City of Miami, as described and
listed on the foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and
complete permission for him/her to act in his/her behalf for the change or modification of
a classification or regulation of zoning as set out in the accompanying petition, I]
including responding to day to day staff inquires; 0 not including responding to day to
day staff inquiries in which case he/she should be contacted at 305-377-6235.
3. That the foregoing pages are made a part of this affidavit contain the current
names, mailing addresses, telephone numbers and legal descriptions for the real
property of which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in
conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
Ben Fernandez, Esq.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
A. icant Signatu
The foregoing instrument was acknowledged before me this 7th day of August,
2003, by Ben Fernandez, Esq. who is an individual ID personally kno n to me or 0 who
has produced as identification and who w did F • • Ale t t- e an oath.
��-901
(Stamp)
BETTY LLEAENA
MY COMMISSION # DD 095997
EXPIRES: February 27, 2008
1.6O04 NOTAFlY FL Notary Service & Bonding, Inc.
Rev. 12/05/01
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Owner's Name
Mailing Address
Telephone Number
Legal Description:
OWNER'S LIST
Roads End Village, LLLP
2701 SW 3 Avenue, Miami, FL Zip Code 33129
Lots 1, 2, 3, 4, 13, 14, 15, 16, Block 3, "Reno Subdivision",
according to the plat thereof as recorded in Plat Book 13 at page 1,
of the Public Records of Dade County, Florida; and
Lots 1 and 10, Block 3, "Stuart Subdivision", according to the Plat
thereof as recorded in Plat Book 7, page 133, of the public records
of Dade County, Florida.
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address Legal Description
N/A N/A
Street Address Legal Description
N/A N/A
Street Address Legal Description
N/A N/A
Rev. 03/27/03
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DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lots 1, 2, 3, 4, 13, 14, 15, 16, Block 3, "Reno Subdivision", according to the plat thereof
as recorded in Plat Book 13 at page 1, of the Public Records of Dade County, Florida;
and
Lots 1 and 10, Block 3, "Stuart Subdivision'; according to the Plat thereof as recorded in
Plat Book 7, page 133, of the public records of Dade County, Florida.
928 SW 10th Street & 915 SW 11 th Street.
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of
the City of Miami requires disclosure of all parties having a financial interest, either
direct or indirect, in the subject matter of a presentation, request or petition to the
City Commission. Accordingly, question #2 requires disclosure of shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties, together
with their addresses and proportionate interest.
Roads End Village, LLLP
General Partner:
Roads End Village Development, LLC 1
Leonardo C. Ortega 100%
Limited Partners:
Merrit Development, LLC 99%
Carlos A. Ortega
Leonardo C. Ortega
Joaquin C. Rionda
Juaquin S. Rionda
Henry Torres
Peter Torres
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 500 feet of the subject real
property.
No.
Ben Fernandez, Esq.
Owner or Attorney for Owner Name
Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner or Attor 'ev fo .'Owner
The foregoing instrument was acknowledged before me this 7th day of
August, 2003, by Ben Fernandez, Esq. who is an individual El personally known to me
or ❑ who has produced as identification and who ❑ did ID did not
take an oath.
(Stamp)
Rev. 12/05/01
1.00a3•N6
LLERENA
MY CC)MMIs$IGN # D0005097
EXPIRES; February 27.200e
Welty 4n0,
This instrument prepared by:
Adam D. Lustig, Esq.
Bilzin Sumbem Baena Price & Axelrod LLP
200 South Biscayne Blvd., Suite 2500
Miami, Florida 33131.5340
111111111111111111111111111111
J1IhII
CFN 2o03Ro35364 f
OR p/k,}�212/9�.9 F('sfs�'}3M483^J-- 34Pui (4ass
RECORDED 0d/03/2003 14:43:50
DEED DOC TAX 101020.00
SURTAX 7,515.00
HARVEY RUVIHr CLERK. OF COURT
MIAt1I--DADE COUNTY? FLORIDA
(For Itovurtlkr's Use Qiiiy)
SPECIAL WARRANTY DEED
• THIS SPECIAL WARRANTY DEED, dated as of May ,9c' , 2003, between PERKO
REALTY CORP.,, a New Jersey corporation, with an address at 5301 Northwest 37th Avenue,
Miami, Florida 33142 ("Grantor") and ROADS END VILLAGE LLLI', a Florida limited
liability limited partnership, with an address at 2701 S.W. 3'u Avenue, Miami, Florida 33129
("Grantee").
Grantor, for and in consideration of the spun of $10.00 and other good and valuable
consideration paid by Grantee, receipt of which is acknowledged, grants, bargains, sells and
conveys to Grantee the land situate, lying and being in Miami -Dade County, Florida, more
particularly described on the attached Exhibit "A" (the "Property"). The Property -Appraiser's
Parcel Identification (Folio) Numbers for the Property are 01-41-38-011-0220 and 01-41-38-01 1-
0330.
TO HAVE AND TO HOLD, the sutne in fee simple forever.
SUBJECT TO: the matters set forth in the attached Exhibit "13" (collectively "Permitted
Exceptions"), without intent to reimpose the same.
AND Grantor covenants with Grantee that Grantor is lawfully seized of the Property in
fee simple; that Grantor has good right and lawful authority to sell and convey the Property
except as may be limited by the Permitted Exceptions; that Grantor warrants the title to the
Property and will defend the same against the lawful claims of others claiming by, through or
under Grantor, except for claims arising from the Permitted Exceptions.
1754c17\181U114i62727Uv 1
5/30/03 1:19 1 M
Grantor has executed this Deed as of the date indicated above.
Signed, sealed and delivered
in .the presence of:
Signature:
Print .Name:
Signature:
Print Name:
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
PERKO REALTY CORP., a New
Jersey corporation
Robert P. Dunne, President
The foregoing instrument was acknowledged before me thisa,9A day of May, 2003, by
Robert P, Dunne, as President of Perko Realty Corp., a New Jersey corporation, on behalfot'said
corporation. He is personally known to me or who has produced a Florida drivers' license as
identification.
Y PUBLIC
State of Florida at Large
My Commission Expires:
.' q tip MARIA E. BATISTA
�.: E� A� MY COMMISSION ADO 173905
��— EXPIRES: February 4, 2007
RrB&Mad Thiu Plchnrd ingwrcx sAgency
2
G^�J'� T J_In M6d1
EXHIBIT A
LEGAL DESCRIPTION
Lots 1, 2, 3, 4, 13, 14, 15 and 16, Block 3, Renno Subdivision, according to .the Plat thereof',
recorded in Plat Book 13, Page 1 of the Public Records of Miami -Dade County, Florida.
Together with:
Lots 1 and 10, Block 3, Stuart's Subdivision, according to the Plat thereof, recorded in Plat Book
7, Page 133 of the Public Records of Miami -Dade County, Florida,
173407118101\ # 627270 v
513O/03 l :19 l'M
OR E K 21299 PG 34$6
LAST PAGE
EXHIBIT B
PERMITTED EXCEPTIONS
1. Taxes and assessment for the year of closing and subsequent years.
2. • State of facts an accurate survey anchor personal inspection would reveal.
3. Variations between .fences and lines of record title.
4. Existing governmental laws and ordinances.
Rights of tenants in possession under unrecorded leases, if any.
6. Any adverse claim to any portion of said land which has been created by artificial means
or has accreted to any such portion so created and riparian rights or littoral rights, if any.
7. Restrictions, conditions, reservations, easements and other matters contained on the Plat
of Renno Subdivision, as recorded in Plat Book 13, Page 1, of the Public Records o1'
Miami -Dade County, Florida.
8. Restrictions. conditions, reservations, easements and other matters contained on the Plat
of Stuart's Subdivision, as recorded in Plat Book 7, at Page 133, of the Public Records of
Miami-Dacic County, Florida.
9. Aerial Easement recorded in Official Records Book 10746, Page 517, -of the Public
Records of Miami -Dade County, Florida.
10. Aerial Easerrient recorded in Official Records Book 10366, Page 682, of the Public
Records of Miami -Dade County, Florida.
11. Matters appearing on Survey dated March 25, 1999, prepared by Biscayne Engineering
Company, Inc. surveying the land described or referred to in Exhibit "A".
12. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of
any city, town, village or port authority for unpaid service charges for services by any
water systems, sewer systems, or gas systems serving the land described herein; and any
lien for waste fees in favor of any county or municipality.
13. Any adverse ownership claim by the State of Florida by right of sovereignty to any
portion of the lands insured hereunder. including submerged, tilled and artificially
exposed lands, and lands accreted to such lands.
14. An adverse claim to any portion of said land which has been created by artificial means
or has accreted to any such portion so created and riparian rights, if any.