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HomeMy WebLinkAboutVariance Application & Docs• • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor * Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR A VARIANCE Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT 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. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 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. You will be 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. An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. Rev. 09/30/03 • • A variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure, dimensions of yards, other open spaces, off-street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). Ben Fernandez, Esq. on behalf of G.B. Real Estate Ventures, LLC hereby apply to the City of Miami Zoning Board for approval of a variance from the terms of the Zoning Ordinance of the City of Miami, affecting the property located at 2700, 2730, 2742, 2744, 2746, S.W 27th Avenue; and 2701 S.W. 27th Court, folio number 1. Three (3) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. Article ill, Tab 5. 2. Two (2) 11x17" original plans and one (1) 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, building elevations and dimensions and computations of lot area and building spacing, etc. Article I11, Tab 6. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 8th Floor, Zoning on the 4th Floor and Planning on the 3`d Floor, prior to submittal of application. Article III, Tab 6. 4. An 8 1/2 x 11" copy of the plans after signature from the above departments. Article III, Tab 6. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 5 and 6). See attached. 6. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 7 and 8). Article I, Tab H. 7. At least two photographs that show the entire property (land and improvements). Article III, Tab 6. 8. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. Article I, Tab G. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. See Article I, Tab F. 10. 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? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No. 11. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No. Rev. 09/30/03 2 12. What is the acreage of the project/property site? 1.3 net acres • • What is the purpose of this application/nature of proposed use? To permit a mixed use development near the Coconut Grove 27th Avenue Metroraii Station 13. All documents, reports, studies, exhibits (8 1/z x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 14. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 15. The Variance request is for relief from the provisions of Section 401 of the City of Miami Zoning Ordinance as follows: To allow a lot coverage or total building footprint of 45,435 sq. ft. where a maximum of 33,802 is permitted. 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. Please list evidence to be produced and use additional sheets, if necessary. (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: In order to assure compatibility with the duplex homes that are adjacent to the property the site plan provides townhomes villas along the west property line in order to accommodate these homes a lot coverage variance is required. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The property is adjacent to a duplex residential area. (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 developments which have provided a townhome transition are approved with a comparable lot coverage. (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: Other properties with similar site designs in the same zoning district have been granted comparable variances of lot coverage with respect to open space, setbakcs, etc. (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 development will continue to meet zoning code requirements with respect to all other requirements including open space, setbacks, etc. (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: To the contrary, the variance will help to ensure the overall compatability of the the project with the surrounding area. Rev. 09/30/03 3 17. 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 fiveidred (500) feet of the subject property. Signature Name Ben Fernandez, Esq. Telephone 305.377.6235 Address 200 South Biscayne Blvd., # 850 Miami, FL 33131 Date October , 2003 STATE OF FLORIDA COUNTY OF MIAMI-DADE "� The foregoing instrument was acknowledged before me this ` day of October 2003, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & Radell, P.A. a(n) individual/partnership/corporation. HelShe is,personally! known to me or who has produced a identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMMISSION # DO 095997 EXPIRES: February 27, 2006 I-8Xj -NQTARY rL Notary Service & SoCtdin9, Rev. 09/30/03 4 Sigure AFFIDAVIT Before roe, 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, Er including responding to day to day staff inquires; © 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 Applicant Signature The foregoing instrument was acknowledged before me this day of October 2003, by Ben Fernandez, Esq, who is a(n) individual/partner/agent/corporation of Bercow & Radell, P.A. a(n) individual/partnership/corporation. He/She is peronally known to roe, or who has produced as identification and who did (did not) take an oath. (Stamp) BETPi LLERENA MY COMMISSION # DO 095997 EXPIRES: February 27, 2008 .ppr}3NOTAF�Y FL NotaYY Service & Bonding. Inc. 9 Rev. 09/30103 5 02/18/2004 12:19 3053776222 BERC©W AND RADELL PAGE 02/02 DISCLOSURE OF OWNERSHIP Street address and legal description of subje See Article I, Tab F. party: 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addrestes and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name G.B. Real Estate Ventures LLC, Gabriel Puche Sad/, Susana Puche 50a/o) Mailing Address 2655 LeJeune Road, Suite 201, Miami, FL Zip Code 33134 Telephone Number 305-467-8300 - 3, Street address and legal description of any property (a) awned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address NJA Ben Fernandez Esa. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DACE The foregoing instrument was acknowledged before me this day of November 2003, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of. Bercow & Radell, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. Legal Description (Stamp) 9STTYI{FRENA MY COMMISSION # DD I04997 EXPIRES: Febry ry 27. 2doe sMr NIr Servnae & aa+eng, Inc. Rev. 09/25103 6 Parcel A: Parcel B: Lots 1, 4, 5 and 6, Block 24, Lot 2, Block 24 less the South 5 feet, Lot 3, Block 24, less the North 5 feet for alley and Lots 8, 9, 10, 11 and 12, Block 24 less the West 18 feet for alley and less the East 25 feet for Right -of -Way and less those portions of Lots 1 to 6 conveyed to the City of Miami in O.R. Book 13004, Page 262, all in South Bay Estates, according to the Plat thereof, recorded in Plat Book 5, Page 54, of the Public Records of Miami -Dade County, Florida. Lot 7, less the West 18 feet and less the East 25 feet thereof, in Block 24, of South Bay Estates, according to the Plat thereof, as recorded in Plat Book 5, at Page 54, of the Public Records of Miami -Dade County, Florida. The West 18 feet of Lots 7, 8, 9, 10, 11 and 12, of Block 24, and the South 5 feet of Lot 2, of Block 24, and the North 5 feet of Lot 3, of Block 24, of South Bay Estates, according to the Plat thereof, recorded in Plat Book 5, Page 54, of the Public Records of Miami -Dade County, Florida. Said Parcel B being described in that certain Deed dated October 27, 1925, recorded on November 20, 1925, in Deed Book 817, Page 76, of the Public Records of Miami -Dade County, Florida, wherein the grantor therein "dedicated to the perpetual use of the public" said Parcel B. X.iix.1i'2'C 14:28 .2.054613190 This imstrcentm funs pr:por d by: tm7.rm,Er.. 205t5P34315 30iN W PuLLOF=. ESQ. Dcumar,Ailsworth,L3w'tis Crms, Lvysttom Pr loft, Vail Wachs, Mao tvcr & Adair, UP 1 i 77 SaCthax t Third Avenue Fort Laudtt 1a,FLarida3331-t191 Part fDhfurtit 01-41-16-023-1640; 1690; 1:003 17tC; i72O, I730 Grantees Taxpayer ldcntifi: itkonNo.: SPECIAL 'WAD -RAN -IT DEED O2i14 91 S4 w1;u7 JUL 13 iit4 DO S tPb E t3 € 4 VOI.L.I0 SUPTX 55(€. 00 MARYC`=' "l11ir ..1-EPA 3Tn'7, cIti�NrYf FL THIS trovcrulta Mach this (e day of July, 2002 A.D., Between 27 27 CAPITAL CORPORTONya Florida earearatiost, of the Cotatty of Brawarci, State of Florida. Grtatauer, and a B REAL ESTATE VENTURES LLCoa Fleriria tinned tiabU"sty wropany, whose address is: 342 Andaman .lioetd, 0 1 lei , 1 3z of the Canary of Mis!rii_D7ntic. Suite of Merida, Grantee. wrni ESSET I thm the Grantor. E`ur tad in consideration of the sun, of TEN & I4Ci106 ($,16,DO) Dollars, astd oi.tt good and valuable consideration to Grannor in hursd plaid by Ctarrtv., the 'receipt wIt-amf is hereby aek,^tawletiged, has granted, bargained and said to the ;said. Grasstee and Crrartieda heirs and assigns forever, the racy,* described land, situates lying and being in the County of /viirstni.Darle, State ofFloticls,, to wit:: :LEGAL DESCRIPTION ATTACHED HERE O AS EX1113tt' Ar' r' SUBJECT TO; 41) (2) (3) Zoning earlier restsietiors mid prohibitions iit11.3,7-rd by gowntincnial authority: Covenants, restrictinns, catement3 and Doter rrranars a iF-•,ariag ofrrcord; and Tmics for the year 2002 and theretF;er. and the Grantor does hereby specially warrant the title to said laird, and will de€cnd the same against lawful rial ss of all persons ciointing by. through or raider Grantor, but not cthmvist. IN WITNESS WHEREOF, the Oruro:3r has herr,ntzo set her hand errd seal the day and year first stave written Signed, staled and delivered in our € eacet 4t / .?- Name' dliMirsit ?tine 13ame: _ 1:4.,r+da t,, . rrytoteS STATE OF NORTH =LINA COUNTY OF 27.27 CAPITAL CORPORATION, a Florida corporation By f iC' a R. V i C s)S (sari) Patricia 8. Phipps, PrtsLeni 1323 Southeast Third Avenue Fart Lauderdale- FL 33316 The fa;rgesing i, was swan, to, sttb;icrrixd attd aciRaowkdd before me this �,�'tday of.74.0• la 8. Phipm as President of 27-27 Capital Cot oration, a lciridaev.r katiaati ��.'"• _e r. r ?+ . o s NOTARY LIC: 2 C: �0 ls3.,. + . � t personally xxowrt .t`,r+trr,ron, i) Pro:hated. I.D.: Dos ctfptaoo: Do de, FM Dactmint-Sock .2,4 IIter; Nrs-so c;':ta 33ay Lat..1tea C O caeaxz.: 1}rinS € s1 - d e4fitr Sore of North C tetnat,)yarge (S } . My Carrara "`y 0/Y I,Hilkiililtt, 20545 . 4315 .Pu *r. r 1 of. 2 :ANDS S 2O5 5P134 43231 ?.003/7i13 • EXHIBIT "A" LiscAL D SCR1FTIOlti Pored x: Lots 1, 4. 5 and 6. Block 24, Lot 2, Block 24 less the South 5 feet, Lot 3, Block 2.4, less the Non!) 5 feet for alley and Lots S. 9. 10. 11 old 12, Block 24 less the West 1 S feet fo: alley and less the E. 25 feet .tcs Rivht-of-Way And less those Portions of Lots 1 to 6 conveyed to the City of 1+414xtti in 0,R. Book 13004, Page 262 sit in South Bey EstaiCs, ing to the Plat thereof, recorded in Plat Book S, Page 54, of the Public'Z.ftgrds of Miansi-Dade County, Floods. Pree1 Lot 7, less the West IS feet and less the EOM 25 ffect thereof, in Block 24, of Sol.rt•S Bay Estates, according to tlha Plat them...elm recorded in Plat Book S, at Page 54, of the Public Records of Miami•I74de County, Florida. Nv•••C.. `,rxc. GetCCM [+'4..::Card W, ne'lM4C HARM RUM Zhss,.�±pi�sso: Dacia- , -7. 'Jac--.ase�xtt--.saok.kicxao 2C. 5. 4315 cam: 2 .r: qs- out.S Bay EztzteS C 7f: """"' ,