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 and/or loading requirements (see Article 19 of the Zoning Ordinance).
1, Gloria M. Velazquez, on behalf of Moon Bav 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: 500-510-520 NE 29th
Street, Florida 33137 , folio number 01-3230-014-0130; 01-3230-014-0120;
01-3230-014-0110
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. Attached
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. Attached
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 8 I/2 x 11" copy of the plans after signature from the above departments. Attached
5. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 6
and 7). 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 8 and 9). Attached
7. At least two photographs that show the entire property (land and improvements). Attached
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. Attached
9. A clear and legible copy of the subject property's legal description an a separate sheet of
paper. Attached
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. 08/15/03 2
12. What is the size of the project/property site? .43 Acres/18,900 SQ FT
13. What is the purpose of this application/nature of proposed use? Waterfront yard areas
Variance
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? (Contact the Preservation
Officer at the Planning and Zoning Department at 305-416-1400 for information.) No.
15. 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.
16. 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.
17. Other (specify and attach documents explaining why any information you are attaching is
pertinent to this application).
18. The Variance request is for relief from the provisions of Section 908.9 of the City of
Miami Zoning Ordinance as follows:
Waterfront yard areas average: 20 feet required / 10 feet provided.
Waterfront yard areas minimum: 15 feet required 110 feet provided.
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 ail 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: The configuration of the land is existing and the
incorporation of urban design guidelines is a strong preference of the City.
(b) The special conditions and circumstances do not result from the actions of the petitioner in
that: The City has recommended inclusion of townhouses in the rear of the Property,
but since the Property is not deep enough, a variance is required for the rear setback.
(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: In applying urban design to this site, it would not allow applicant to build
under the terms of the Zoning District.
Rev. 08/15/03 3
(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: This request is due to the City's recommendation of adding a row of
townhouses. This is a unique circumstance.
(e) The Variance, if granted, is the minimum variance that will make possible the reasonable
use of the land, building or structure in that: This is the minimun variance required.
(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 granting of this variance will be in harmony with the
general intent and purpose of the Zoning Ordinance.
20. 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. 08115/03 4
Signature
Address c/o Greenberg Trauriq
Name Gloria M. Velazquez, Esq. 1221 Brickell Avenue
Telephone 305-579-0736
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Date April 13, 2004
The foregoing instrument was acknowledged before me this 13 day of April
2004, by Gloria M. Velazquez who is a(n) individual/partner/agent/corporation
of a(n) individual/partnership/corporation.
HeShe is personally known to mel or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Rev. 08/15/03 5
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Gloria M. Velazquez ,
who being by me first deposes and says:
1. That helshe 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, 0 including
responding to day to day staff inquires; 0 riot 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.
Gloria M. Velazquez
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 13 day of April
2004, by Gloria M. Velazquez who is a(n)
individual/partner/agent/corporation of
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.
(Stamp)
Rev. 08115/03 6
DISCLOSURE OF OWNERSHIP
Street address and legal description of subject property:
See attached Exhibit "A"
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 addresses and proportionate interest are required.
(Please supply additional lists, as applicable.)
Owner's Name Moon Bay LLC ; See Exhibit "B"
Mailing Address 500-510-520 NE 29th Street, Miami, FL Zip Code 33137
Telephone Number
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.)
Street Address Legal Description
None
Gloria M. Velazquez
Owner or Attoy for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Orruner or Attorney for wner Signature
The foregoing instrument was acknowledged before me this 13 day of April
2004, by Gloria M. Velazquez who is a(n) [individuallipartner/agent/corporation
of 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.
(Stamp)
Rev. 08/15/03
7
EXHIBIT "A"
LEGAL DESCRIPTIONS:
PARCEL ❑NE
Begin at the NW corner of Lot 1, In Block 14 of BROADM❑LIRE, thence runs East 546
feet for point of' beginning; thence East 60 feet; thence South 105 feet; thence West
60 feet; thence North 105 feet to point of beginning, according to the plat thereof,
as recorded in Plat Book 2, at Page 58 of' the Public Records of Miami -Dade County,
Florida,
DARCEL TW❑
Beginning 426 feet East of the Northwest corner of Lot 1, Block 14, BROADMOi7RE
;MENDED, according to -the plat thereof, as recorded in Plat Book 2 at Page 58 of
the Public Records of Miami -Dade County, Florida; thence run East 50 feet; thence run
'outh 38 feet; thence East 10 feet; thence run South 67 feet; thence run West 60
Feet; -thence run North 105 feet to the Point of Beginning,
'ARCEL THREE
aNI]: Beginning 476 feet East of' the Northwest corner of Lot 1, Block 14, BR❑ADMOORE
MENDED, according to the plat thereof as recorded in Plat Book 2 At Page 58, of
the Public Records of Miami --Dade County, Florida; thence run South 38 feet; thence
'un East 10 feet; thence run South 67 feet; thence run East 60 feet; thence run
4orth 105 feet; thence run West 70 feet to the Point of Beginning,
EXHIBIT "B"
Moon Bay LLC.
Ownership Breakdown
Title
Percentage
Augusto J. Gil
President/Treasurer
25.00%
Alejandro Gil
25.00%
Emilio F. Martinez
16.00%
Carlos E. Martinez
Vice-President/Secretary
14.50%
Raul A. Martinez
5.00%
Emilio J. Martinez
5.00%
Fernando I. Martinez
5.00%
Miren Arnaiz
3.00%
Carmen Martinez
0.75%
Carol Garner
0.75%
TOTAL
100.00%
\1MIA-SR1/0111550536v0111 FW6801 .DOC14113/04\66501.010100
Rev. 08/15/03 9
Return to:
1 i■#i7i Vaiiw isa..x ww...... . _.-._ ._ ..
CFN 2003RO6O271
OR
Bk RECORDED 73a s )
o8t21/:w03 14: 74.52
DEED DOC TAX 81220.03
SURTAX 6065.00
OF
MI A11I-DADE RUVICOUH ry r �FLORIDART
:his document was prepared by:
Bruce J. Goldman, Esq.
City National. Bank Building
2701 Le Jeune Road, Suite 404
Corm. Gables, Florida 33134
(305) 446-640
Y
Tax Folio Numbers: 1-323-00J4-0120 0
07.-323-0014-0130
WARRANTY DED
THIS WARRANTY DEED is made this 1-3- day of August 203 by
MARCOS D}'L1MA and ROSEMARY DELTMA, h Ls wife, herei)lafter
collectively called the "Grantor", to MCv,IN BAY LLC, a F Lori a
limited liability company, hereinafter ca12r?d the "Grantee, whose
post office address is 60Su`. py-1 tea ta. ! r' 1 ;., 23(73
Whenever used herein, the terms "Grant r" and "ranteeInclude
all the Pa'ities to this instrument 2;nd the heirs, legal
representatives and assigns of individuals, and the successors and
assigns of corporations.
W TNE S S ET H:
That the Grantor, for and in cons ider..ti.on of the sum of TEN
DOLLARS ($10.00) and other valuable considE ration, tc them in hand
paid by the Grantee, the receipt of which Ls hereby acknowledged,
does grant, bargain, sell, alien, remisE', release, convey and
confirm unto the Grantee the property and btu Ong in Miami
Dade County, Florida, and more particularly described as follows:
See Exhibit „A" attached hereto.
SUBJECT TO:
1. Taxes for 2003 and subsequent ':ears that are not
due and payable.
Applicable zoning ordinanc s and conditions,
limitations, restrictions, easements and reservations of iecord,
if any, without t intending to reimpose same
Page 1 of 2
TOGETNER with all the tenements, herec itaments and appurte-
nances thereto belonging or in anywise apperl_aining .
TO HAVE AND TO HOLD the same in fee simple forever.
Find the Grantor hereby covenant with The said Grantee that
they are lawfully seized of said property it fee simple; that they
have good right and lawful authority to sell and convey said
property; that they hereby fully ua warran the title to said
propertyand will defend the same against tine lawful claims of all
persons whomsoever; and that said property is free of all
encumbrances except as set forth above.
IN WITNESS wHEREOF, the Grantor has :xecuted this Warranty
Deed the day and year fist written above.
WITNESSES
(as tc both parties
comorisino Grantor)
[signaturel
CI P.
[print name]
rure]
[print name]
STATE OF FLORIDA:
.ss
COUNTY OF M i AMI -DAD
GRANTOR.:
RCOS
Addr
12_ 15 Pine Needle Lane
Pir ecrest, FL 33158
O MARY DEL: MA
Address: 12,15 Pine Needle Lane
Pi.Aecre;st, FL 33156
rTik—
The foregoing instrument was acknowie Jged before me this
day of to -' 1e or 1p. yoduced
A'wl a ;t 2003 by MARCOS DSLIMA and ROEMARY DELIMA, hi.s tire,
l 1
who are personally knownnas identification.
7OCS\uaC703'H7-R
NO Y PUBLIC
':.�4.017,. PATRICIA DaLIMA
*p. _. Nary Public, Mateo Florida
143 Cemcnissbn Op. Wry 15, 2G04
l � . No. CC93.5903
•'roi
Page 2 of 2
t�.to t t-'r-4Ut=
Exhibit "A"
Begin 426 feet Exist of the Northwest corner of Lot 1, 1310 k 14, BROADMOOR
AMENDED, according to the Plat thereof, as recorded lb Plat Book 2, at Page 58, of
the Public Records of Miami -Dade County, Florida; ther..:e run East 50 feet; thence
run South 38 feet; thence East 10 feet; thence run South .7 feet; thence run West 60
feet; thence run North 105 feet to the Point of Beginning.
AND: Beginning 476 feet East of the Northwest corner of Lot 1, Block 14,
BROADMOOR AMENDED, aiecording to the Plat there: f, as recorded in Plat Book
2, at Page 58, of the Public Records of Miami -Dade: Cour! ry, Florida; then run South
38 feet; thence run East 10 feet; thence run South 67 feeu thence run East 60 feet;
thence run North 105 feet; thence run West 70 feet to the Point of Beginning_