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HomeMy WebLinkAboutApplication & Supp DocsDEPARTMENT OF HEARING BOARDS 444 SW 2„ d 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). I Virgqilio Perez on behalf of JosephMaya 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 31 38 SW 22 St Miami, Fl 33165 , folio number 01 -41 1 6-Ong-n 9O 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. 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. 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 3rd Floor, prior to submittal of application. 4 An 81/2 x 11" copy of the plans after signature from the above departments. 5.- Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 5 and 6). 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). 7.At least two photographs that show the entire property (land and improvements). 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. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 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.) 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.) 12. What is the acreage of the project/property site? 0.13 acres Rev. 09/30/03 2 13. What is the purpose of this application/nature of proposed use? See Item 13 in Exhibit " A " 14. All documents, reports, studies, exhibits (8 % x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 15. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 16. The Variance request is for relief from the provisions of Section 401 of the City of Miami Zoning Ordinance as follows: 17. 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: See item 17a in Exhibit -A (b) The special conditions and circumstances do not result from the actions of the petitioner in that: See item 17b in exhibit -A (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: See item 17c in exhibit -A .. (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: See item 17d in exhibit -A .. (e) The Variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure in that: See item 17e in exhibit -A .. (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: See item 17f in exhibit : A : Rev. 09/30/03 3 Owner Joseph Maya Address: 3138 SW 22 St Miami, Fl., 33165 Folio: 01-4116-009-0590 "Exhibit A" Question 13 - The purpose of this application is to establish a first rate family oriented restaurant in the City of Miami, with Super club category. Question 17- a) This property is a lot which is land -lock, which is not the same situation to other lots or buildings in the area. b) This condition was not created by current owner since this building and lot had been established by prior zoning codes since year 1950. c) Since this property is land -lock, the owner would not be able to enjoy the same conditions and benefits of other property owners in the area, creating unnecessary and undue hardships on the petitioner. d) Other property owners enjoy similar conditions as requested by the petition in the same zoning district. e) It would permit to establish a business that would comply with the Master Coral Way Study done by the City of Miami and would permit the utilization of the Zoning Code as established in said zoning district and enjoyed by other property owners. f) This variance would permit an established business to comply with The Master Coral Way Study made by the City of Miami and be one of the leaders in the renovation of Coral Way as a new established ambiance for said district. 18. 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 five4iyindded (500) feet of the subject property. Signature Address P.O. Box 450677 Name Virgil ° Perez, on behalf of Miami, Fl 33245 Joseph Maya Telephone (786) 229-9998 Date 11/06/03 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 09 day of Nc vemher 20D3by Virgilio Perez individual/partner/agent/corporation of (JosephM. ya a(n) individual/partnership/corporation. He/She is personally n wn to me or who has produced DLicP620860421 790 as identification and who (did not) take an oath. (Stamp) Rev. 09/30/03 CHARLES F. CLEARE MY COMMISSION # DD 145067 EXPIRE'S: August 29, 2905 AV FL Wary. Service R Mc. who is a(n) Power ofAttorney Know All Men By These Presents That Mr. Joseph Maya, as Personal and Individual. Has made, constituted and appointed, and by these presents do make, constitute and appoints Virgilio Perez, with offices at P. O. Box 450677, Miami, Fl. 33245, true and lawful attorney in fact for him and in his name, place and stead to submit an application, prepare all paperwork, make all appearances and do anything that may otherwise be necessary in connection with the various individual sections within the Miami Building and Zoning Department and or any other Federal or State department in order to obtain a Variance and/or requirements to permit a Restaurant in the described legal description or to subcontract any person or entity that would be required to accomplish said scope of work. For the premises described as: Legal Description Lots 6 less the North Portion to be dedicated to R/W in Block 3, of "Suburban Acres Amended" according to the Plat thereof, as recorded in Plat Book 4, at page 73 in the Public records of Miami — Dade County, Florida. AKA: 3138 thru 3144 SW 22 Street (Coral Way), Miami, F1.33145 giving and granting unto Virgilio Perez said attorney in fact full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that Virgilio Perez said attorney in fact or his substitute shall lawfully do or cause to be done by virtue hereof In Witness Whereof, I have hereunto set my hand and seal(s) the day of August , in the year Two Thousand and Three. Sealed and a., in the presence of (L.S.) h)1-A4 (L.S.) State of Florida of Dade Be it known that the foregoing instrument was acknowledged before me the day of August in the year Two Thousand and Three by _ Mr. Joseph Maya, as Personal and Individual, who s personally known to r as identification and who did not take an oath. Ar AFFIDAVIT Before me, the undersigned authority, this day personally appeared Virgilio Perez, on behalf of Joseph Maya , who being by me first deposes and says: 1. That helshe is the owner, or the legal representative of the own 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, LRI 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 (786) 229-9998 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 submit conjunction with this t ( 3 affidavit are true and correct. Further Affiant sayeth not. Virgilio Perez, on behalf of Applicant Name Joseph Maya STATE OF FLORIDA COUNTY OF MIAMI-DADE ilia`' Applicant SignatOre The foregoing instrument was acknowledged before me this 05 200?by Virgi I i o PQrPz individual/partner/agent/corporation of Joseph Maya a(n) individual/partnership/corporation. He/She is personally produced ni,; rPP c 2 n R 6 n a 21 7 c) as identification and who (Stamp) CHARLES F. CLEARE Y COMMISSION # OD 145067 EXPIRES: August^29, 2006 TAM F1. ray &vice & Bontiin9. Inc. day of November who is a(n) n to me or who has id not) take an oath. Rev. 08115/03 6 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 3138 SW 22 Street, Miami, Fl 33165 Folio # 01-4116-009-0590 LEGAL:Lot 6 Block 3 of Amended Plat of Miami Suburban Acres 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City �cctW 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 addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name Job aphMaya - 00Z Mailing Address P. O. Box 450677. Miami, Fl Zip Cade 45 Telephone Number (786.) ., 229-9998 3. Street address and legal description of any property (a) owned 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.) None Street Address Legal Description Owner or Attorney for Owner Name oration of STATE OF FLORIDA COUNTY OF MIAMI-DADE The for Ding instrument was acknowledged before me this kg day of LAC 2 C� who is a(n) , /14:: Attorney for Owner Signature 2ay india rtner/aent/corvidu p g p a n iridividualipartnership!corporation. He produced as identific (Stamp) Rev. 09/30/03 DAVID J. LOIACONO m Exp. 5/15/05 0. CC 995962 w,owa, t' Dew 6 me or who has did not) take an oath. 20976PC1316 This Dosuntent Prepared Sy and Return tat MARRERO, CBDILLI li AsSOCIATas, P.A. AWARILIS 13. ADORNO 2903 SMARM STREIT CORAL GABLES, TLORIM 33134 (305) 446.0163 Parcel ID Namber: 01-4116 - 0 0 9- 05 9 0 Warranty Deed 0,5RO!7598 2003 JAH 27 11251 DOCSTF0E: 2t370.00 SURTX 1,777.50 MARVEL AVMs CLERK OAOE COUNTY? FL This Indenture, Made this 17t . day of January , 2003 n.Is. Between JULIAN VALDES, a single maxi and JULIAN J. VALDES, a single milln or the County of DADE JOSEPH NASA; Ct !-,'s`'' 1 j1k- °tun whose address is: 5 4 Li "/" of the County of 7 r r,.7„ .1)to, r'/w sumo of Florida , grantors, and slate of Florida , grantee. Witisessetb ;hat the GRANTORS, for srul to consideration ar the sum or TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration in GRANTORS in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, Saccessan and assigns forever, the following described iasd, situate, lying and being in the Countyuf DADE Stott of Florida tows: LOT 6, LESS STREET, BLOCK 3 OP MIAMI SUBURBAN ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, AT PAGE 73 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. STATE OF FLORIDA, CO' l HEREEY CERTIFY that the 1o,e % original cn tile this ()Vice. 49 HARVEY RUVIN, CLERK, Deputy C!erk .. Y OF DADE eclTeci cep Au2C; _ /� GGLth' 'i 6it5 "to _r�+ Op cCJc`'�i.. and the grantors do hereby fully warrant the title to saki lanai, and will defend the satrlr against lawful slairns of all persons cotunwtever. in Witness Whe EUl,rht grantors have hereunto ant thrtr hands and ands the day and year first above written. Signed, seal and help redip,our presence: Printed Witnes f 1 1 in s'4 itn-sip✓ STATE OF Florida COUNTY OF DADE r� The foregoing instrument was acknowledged before ors this 7 day of TUN Mao.I JULIAN VALDES, a single Elan and JULIAN J, VALDES, a single 1 JU=11;* VALDES P.0 41 0 . WAY. M1A31I. F1. 33143 a s . m0,6406 e V DES P.O. Add—rta 3131 CORAL. WAY, MIAMI, F1.33I43 who fin persumilyknown ismsurwhohave induced their Florida d v�9 license al identification. fn2Ra1391 vim` n'N'., kW: 'P.,.ry 54r ' ,: ,'... jam 111MY�Ea'ary n,cry. Ix .:.1 if 1,11761.5711 /.n6fL11i1.1 rintg b7a(ct�fl Notary Public My Commission llapires: r7 . (Seal) {Seal) ,tlj.cci? by r aOWsata ilok aaWit WOVEN' AWN cupp.rosnit cow vya