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HomeMy WebLinkAboutApplication & Supp DocsDEPARTMENT 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. 08/15/03 • 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 andtor loading requirements (see Article 19 of the Zoning Ordinance). KARIM a BAYZID FOR ATTICA PROPERTIES LLC hereby apply to the City of Zoning Ordinance of the Ci LOT No. 1 iami Zoning Board for approval of a Variance from the terms of the of Miami, affecting the property located at 3689 LQQUATAVE , folio number O1-4921-01Qb0547 . 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. 2. Two (2) 11 x17" 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. 3. Plans need to be stamped b{ Hearing Boards first and then signed by Public Works an the 8th Floor, Zoning on the 4 Floor and Planning on the 3r1 Floor, prior to submittal of application. 4. An 8 1/2 x 11" copy of the plans after signature from the above departments. 5. All documents, reports, studies, exhibits (8 1,72 x11") or other written or vraphic materials to be submitted at the hearing shall be submitted with this application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 6 and 7). 7. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 8 and 9). 8. At least two photographs that show the entire property (land and improvements). 9. 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. Rev. 08f 15/03 2 10. A clear and legible copy of the subject property's legal description on a separate sheet of • paper. 11. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 12. 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.) 13. 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) 14., What is the purpose of this Variance/nature of proposed use? (Be specific) NEW SINGLE FAMILY RESIDENCE. BUILDABLE SPACE IS RESTRICTED BY ZONED RIGHT OF WAYS 15. 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. 08/15103 3 16. The Variance request is for relief from the provisions of Section fiee0 of the City of Miami Zoning Ordinance as follows: Required side street yard setback 15 feet Proposed 10 feet Request to waive to 5 feet 17. Is the property within the boundaries of a historic site, historic district or a.rcheoiog.ical 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 18. 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. 19, 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.) This property is located in an older neighborhood with was platted many years ago. The platted was 647x139.11', The City took 10' for the 37 Ave, and they are going to take 10' to extend the 37 Ave, the lot is in this moment 40' x139.11 ' and the buildable space is restricted by zoned right of ways. (b) The special conditions and circumstances do not result from the actions of the petitioner in that The special conditions are a result of the right of ways established by the City of Miami. (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: Side street yard setback variance are needed because the required minimun set backs in the City's ZoningOrdinance were established with larger minimum lots mind. Whitout the variance, only smaller, less desirable home could be built. Existing single family resicences in the neigh borhood do not confirm to current set back requirements. (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: No special privilege will be conferred on Atica Properties LLC; the construction of a new home will only improve this older neighborhood. Rev, 08115/03 4 (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 entire neighborhood will benefit from the construction of new single family homes. Only a minimum variance has bees requested in order for Atica Properties LLC to construct a modest, two story house. (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:. Granting this Variance request will provide an opportunity to enhance this neighborhood whit new construction of a single family house, repaving a lot that has been vacant for years. Signature Name Address 7813 SW 102 Lane KARIM O. BAYZ 0 Miami, Fl. 33156 Telephone (305) 263 66 65 STATE OF FLORIDA COUNTY OF MIAMI-DADE Date September 5, 2003 The foregoing instrument was acknowledged before me this day of 5c/'7 ---• 2O& by who is a(n) individualipartnerlagentI orporation of Florida a(n) indwidualipartnersh'rptcorporation. He/She is personally known to me or who has produced ,i3e,`eks -Z6 as identification and who did (did not) take an oath. • (Stamp) PEDRO LUIS LEAL MY COMMISSION # CC 942928 EXPIRES: June 8, 2004 Banded Thru Rotary Punc Undern ite-s Rev. t8/1 5FD3 Signature OR BK 21520 PG 4962 LAST PAGE CORPORATE RESOLUTION AND AFFIDAVIT OF ATICA PROPERTIES, LI,C., A FLORIDA COMPANY Before me, the undersigned authority, personally appeared Karim Bayzid ("Affiant"), as Manager for VI DESIGN LLC, a Florida Limited Liability Company, manager for ATICA PROPERTIES, LLC., a Florida company (the "Company") who, after first being duly sworn, deposes and says as follows: I. That the following is a complete, true and correct transcript of certain resolutions of the hoard of members of the Company, which resolutions were unanimously adopted and approved by unanimous written consent of the shareholders and which resolutions are still in full force and effect on the date hereof: A) BE IT RESOLVED, that KARIM BAYZID, as Manager for VI DESIGN LLC is hereby authorized, directed and empowered on behalf of the Company, to enter into a contract to Purchase from ARTHUR 7. SMITH AND BONNIE G. PICKARD, the real property legally described as follows: The East 40 feet of Lot 1 in Block 1, of Second Amended Plat of Coconut Grove Park, according to the Plat thereof, recorded in Plat Book 1, Page 62, Public Records of Miami -Dade County, Florida. B) FURTHER RESOLVED, that Karim Bayzid, is hereby authorized and directed to take any and all actions, and execute any and all documents on behalf of the Company in connection with said transaction, and the execution of any such documents by said officer shall be conclusive evidence of the approval of the form and substance of such documents by such officer and shall be binding upon the Company. C) BE IT FURTHER RESOLVED, that the aforesaid Manager of VI Design LLC is authorized to commit the Company to pay such fees and charges as may be necessary in order to complete the purchase, conveyance and/or transfer of the subject property. D) I FURTHER CERTIFY that the foregoing resolutions have not been modified or rescinded in any respect and are in full force and effect, that the subject property is not a substantial or only asset of the Company, that the Company is in good standing and that the following persons are officers of this Company: Manager: Karim Bayzid 2. Affiant is familiar with the nature of an oath and has made the foregoing statements under penalty of perjury. Affiant: K m Bayzid, (Corporate Seal) SWORN TO, acknowledged and subscribed before me this /' day of August, 2003, by Karim Bayzid, who is personally known to me or who produced J�,-21 6 L j"la./J ^e — as identification. OFFmew NOTARY SEAL ROXANA MIRAEA COMMISSION NO MOST MY COMMISSION tOtP JUNE 28. 2005 ofaty Public, State of Florida My commission expires: Manager yzi g Book21520/Page4962 Page 3 of 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared KARIM O. BAYZID FOR AMA PROPERTIES LLC , 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, including responding to day to day staff inquires; CI not including responding to day to day staff inquiries in which case he/she should be contacted at 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. KARIM 4. BAYZID Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE licant Slinature The foregoing instrument was acknowledged before nee this (f r'T day of 5.1,-/-4 F 2Of ; by who is a(n) indfvidual/partneragent/ yr oration of FLORIDA a(n) individual/partnershipI p ration, He/She is personally known to me or who has produced ,v '4- rAs G =c-L as identification and who did (did not) take an oath. r (Stamp) PEDRO LU S LEAL —1 MY COMMISSION 1 GG 942926 EXPIRES: June 6, 2804 Bonded 7hru Notary Pork U,ztlerwOt rs Rev. 08/15/03 6 Signature DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property; E 40 FT OF LOT !, BLOCK 1, SUBDIVISION: " COCONUT GROVE"; ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I AT PAGE 62, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA 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. (See below; please supply additional lists, as applicable.) Owner's Name Mailing Address Telephone Number (305) 263 66 65 - (786) 208 90 92 KARIM O. BAYZJD FOR ATICA PROPERTIES LLC 7003 N WATER WAY DR. SUITE 217 Zip Code 33155 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. (See below; please supply additional lists, as applicable.) NIA Street Address or .Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description caner or Attorney for Owner Signature The foregoing instrument was acknowledged before me this 6 20 a;by Individual/partnerfagenticorporatioq of FLORIDA a(n) individuaUpartnershiplcorporati©n. He/She is personally produced e-a 5 as identification and who day of -. <g's who is a(n) (Stamp) PEDRO LUIS LEAL • I MY COMMISSION # CC 942928 EXPIRES: June 6,2C ; .t Eon4edThru Nuary Pak Underwriters Rev. 08/i 5/03 7 Signature known to me or who has did (did notUake an oath. 3689 LOQUAT AVE LOT No.1 COCONUT GROVE, FL 33133 FOLIO NUMBER# 0141210130547 LEGAL DESCRIPTION: E 40 FT OF LOT I, BLOCK I, SUBDIVISION: `COCONUT GROVE"; ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I AT THE PAGE 62, OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA itc.ct To or 39' from Asphalt), so I am requesting a Variance by 5'to have a setback of 30' Total or 1O' from Base Building Line. Karim 0. Bayzid Atica Properties LLC 3689 Loquat Ave. Miami, FL 33133 T. (305) 263-6665 Folio: 01-4121-013-0547 Legal: Coconut Grove Park 2" AMA Plat PB 1-62 E40Ft of Lot 1 BLK 1 Lot Size 5600 SQFT or 16345-2350 0494 2 Signature 1 the undersigned, have read or have had read to me the information applicable to request for a Variance, as outlined above, from the City of Miami and understand that by subscribing my name to this consent form, 1 am waiving any objection to the proposed construction as outlined above and as shown on the plans accompanying this application. 1 further certify that 1 have subscribed my name freely and without any duress or apparent misrepresentation on the part of the applicant. rr �� D -C _ -�tR,u 1. to Name (Type or Print) V3D /03 ( r� mot;' L • Date Name (Type or Print) pio3 at Name (Type or Print) Priel eorPrin ) -3b Add Signature Addr Signature z ‘0- ).--6 Addres Signature Signature Addres Signature U Jr% )411\-42— e4 vtL1 15 00 ".,s0rarrrO,,,Agrm, Awe. <•,or*wm '7) 0 -17511( IN AVENUE DOUGLAS ROAD " I 7 0,7nAL P.,,Wje-W LTrIAPP-791/. 204i ----S1REEnt PER CRY Of priANfi fm.AS: 46N) `,•. BA ( 1300m illiE) ".•:•\:\ `•- \:•••,`•••.' • s• • -• REtIbt5711) 84a REOURCO SET BASK ILD 30 00. 30' 11 ij Prepared by and return to: James M. Schiff, P.A. 9130 South Dadeland Blvd., Suite 1609 Miami, FL [Space Above This Line For Recording Data] Warranty Deed HMO CFN 2O0Ro567718 OR ek 21520 Pas 4960 - 4962; (3pas) RECORDED 08/12/2003 13:24:33 DEED DOC TAX 1r275.00 HARVEY RUVINP CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA This Warranty Deed made this 7 y of August, 2003 between Arthur J. Smith, a single than and Bonnie G. Pickard, a single woman whose post office address is 3689 Loquat Avenue, Miami, FL 33133, grantor, and ATICA Properties, LLC, a Florida Limited Liability Corporation whose post office address is 7813 S.W. 102 Lane, Miami, FL 33156, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: The East 40 feet of Lot 1 in Block 1 of Second Amended Plat of Coconut Grove Park, according to the Plat thereof, recorded in Plat Book 1, Page 62 of the Public Records of Miami -Dade Co Florida. Parcel Identification Number. et- yI-Z/- 0/3-05Ler. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. 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: With •ss : ame: J- ess Name: {j»n69 itnarne: Bonnie G. Pickard (Seal) DoubluTimea Book215201Page4960 Page 1 of 3 State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this day of August, 2003, by Arthur J. Smith and Bonnie G. Pickard, who [ ] are personally known or [X] have produced a driver's license as identification. [Notary Seal] N t . ' €�blic OFFICIAL NOTARY SEAL ROXANA MIRABAL COMMISSION NO. OD037302 MY COMMISSION EXP JUNE 26, 2005 Printed Name: 1 lm�c �.�sYF cat 0 My Commission Expires: 6/2.67ZP 0 5 Warrwny Deed - Page 2 DoubleTimev Book2152O/Page4961 Page 2 of 3