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. 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).
,6. C Lei-AEt.L6
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
04. , U WU , folio number al- 41 -f 1-014O.
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 8'/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? e, • 08 a° A Noce.
Rev. 09/30/03 2
13. What is the purpose of this application/nature of proposed use?
Sa` . Zoriitvi
14. All documents, reports, studies, exhibits (8 '/s 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 1903.1 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 Exhibit "A"
(b) The special conditions and circumstances do not result from the actions of the petitioner in
that:
See 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 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 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 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 Exhibit "A"
Rev. 09/30/03 3
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 five hundred (500) feet of the subject property.
Signature , Address 3 OP -(
Name s c mE n S
Telephone 9,5 i 13 ? Date 3/07/6?CO (1
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20� b�rfficwho is a(n)
n ivd idua ( artnerlagenticorporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced C, ttD ry ' i- `' as identification and who did did not Make an oath.
(Stamp)
Rev. 09/30/03
Py .r.. VANESSA CASTILLO
:� �,� • � MY COMMISSION # oo 199627
l 1, 2007
iedihruhot3ryP
EXPIRES: r F oL! Un ewiie*
r'•...•oe; rend
Signature
4
EXHIBIT "A"
February 23, 2004
Ms. Teresa Fernandez, Director
Hearing Board City of Miami
444 SW Second Avenue
Miami, Florida 33130
Reference: 3145 Day Avenue
Setback Variance
Dear Ms. Fernandez
As a representative to the owner of the referenced property, I respectfully submit this request for a
setback variance permitting a street side yard of 6.5' to the zoned right of way, in lieu of 15' as it is
normally required..
Justification for Granting the Variance.
a) Special conditions exist which are peculiar to the land, and building involved and not
applicable to other lands and buildings in the same zoning district
The property, a 'Two Family" corner lot of 50'-0"x75'-0", fronting on Day Avenue at its intersection
with Gifford Lane. Zoned Right of Ways at both roads reduces the area of the property by as much
as 994 square feet.
b) The special conditions and circumstances do not result from the actions of the petitioner in
that:
Existing 532 sq. ft. residence on substandard lot (built in 1930), sits approximately 5' from base
building line as it is now dedicated.
c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district
Keeping the setbacks as required from the actual base building line will greatly reduce the reasonable
building area, causing unnecessary and undue hardship to the applicant.
d) Granting the variance will not confer on the petitioner a special privilege that is denied to other
lands, buildings/structures in the same zoning district.
Setbacks proposed will not exceed the Zoning requirements, should the property be allowed to use its
titled lines.
e) The variance, if granted is the minimum variance that will make possible the reasonable use of
the land.
Proposed building footprint and F.A.R. amount to only half the area allowed for that lot size.
Variance - Clemens
1) The granting 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 detrimental to the public
welfare.
The zoned right of way along Day Avenue will not be impacted in any way, as we are proposing to
set back the building a distance of 25' feet from the titled front property line. The positioning of the
new building on the site will not require the removal of two existing grown oak tress at its front on
Day Avenue and its design will most certainly improve the aesthetics and value of adjacent properties.
* The City of Miami Department of Public Works, has waived the right of way dedication along
Gifford Lane, a letter from Stephanie N. Grindell, P.E., Director, notifying of such decision, is
herewith attaches
We feel the existing zoning conditions deprive the owner of her rights to develop the property in a
similar way as that enjoyed by other properties in the same zoning district and represent undue
and unnecessary hardship to the petitioner.
Sincerely
0 ARCHITECTS & PLANNERS, INC.
Barrio, R.A.
President
cc: File
2
rL1it L1f iaxnt
STEPHANIE N. GRINDELI_,
Director
January 21, 2004
JOE .ARRiOLA
City ,MViairiger
Mr. Jorge V. Barrio, R.A., President
J. Barrio
2321 S.W. 24 Street
Miami, Florida 33145
Dear Mr. Barrio:
DEDICATION OF RIGHT OF WAY
EAST SIDE OF GIFFORD LANE ADJACENT TO 3145 DAY AVENUE
I have received your request to waive the required right of way dedication on the east
side of Gifford Lane adjacent to 3145 Day Avenue and have made the following
determination.
Gifford Lane is a City maintained roadway and is improved with two driving lanes,
There are no sidewalks currently along Gifford Lane and no plans by the City to
install sidewalks at this time. For this reason, I approve your request to waive the
additional 8.5-feet of zoned right of way on Gifford Lane and 25-foot corner radius at
its intersection with Day Avenue for the property at 3145 Day Avenue.
Day Avenue has an established pattern of sidewalks along its length and the
redevelopment of the property at 3145 Day Avenue will require the dedication of an
additional 5-feet of zoned right of way and construction of a new concrete sidewalk
to the proper line and grade along Day Avenue.
Please be aware that this waiver does not alter the location of the base building line
established in the City Code. The base building line remains located 8.5-feet east of
the current property line along Gifford Lane and all building setbacks and yard
requirements of the City Zoning Ordinance shall be measured from the zoned base
building line which is 25-feet east of the centerline of Gifford Lane.
If you have any questions concerning this matter, please call Mr. Leonard He1mers,
Professional Engineer IV, at 305-416-1221.
Sincerely,
Stephanie N. Grindell, P.E.
Director
-104
SNG/FM/t.J H/gc
tf tlt4
c: Frank McMahon, City Surveyor
DEPARTMENT OF PUBLIC WORKS
444 S.W. 2 nd Avenue / Ivf nii, Fi or=:de 33 t 30 i 005; 416,1200 . Fax: `,3G51 416-21153
Mailing Addres: P.O. Box 330708 h'iamL F-alda "t i7� i• 7aR
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared PIA
CLEMENS , 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; 0 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.
PIA CLEMENS
Applicant Name Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of 4•. j
2Q`t by je14-- C:ti=s
individuals/partner/agent/corporation of
a(n) individual/partnershiplcorporation. He/She is personally known to me or who has
produced =9 S. as identification Ind ho did(did not take an oath.
who is a(n)
(Stamp)
Signatu
4.11.3
IMAM ,f. DEMUS
MY COMMISSION z CC a:,;,:
EXPIRES: Aug_,: , 2004
u `lazy Pubic Undenvrrters
DISCLOSURE OF OWNERSHIP
1. Street address and legal description of subject property: 3145 DAY AVENUE —COCONUT GROVE , FL
BISCAYNE REALTY COS SUB OF PENT HOMESTEAD PB 3-85 S1/2 OF LOT 15
LOT SIZE 75.000:X 50 OR 20351-2730 04/2002 1
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 PIA CLEMENS
Mailing Address
3145 DAY AVENUE
Telephone Number 305 443 6859
Zip Code 33133
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
3160 DAY AVENUE
COCONUT GROVE, FL 33133
t� c I MTh.
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
21 54 41 TU1RK M.UNROES SUB PB A-56 E16.5FT OF
LOT 3 & W 15FT OF LOT 4 & S4FT OF W14FT OF E35FT
&N36FT OF W45FT OF E226.5FT OF LOT 6
Owner or Attorney for Owner Signature
The forgoing instrument was acknowledged before me this OS day
24 by
individual/partner/agent/corporation of k---w (2,4+
a(n) individual/partnership/corporation. He/She is personally known
produced as identification-andewho did did
of Z1,celf
who is a(n)
f
(Stamp)
Signatur
to me or who has
not take an oath.
CAA J. ()EMUS
MY COMMISSION # CC 964131
EXPIRES: August 28, 2004
Rnnr4nrt Tk.i uld}c.FuNjc llndafivrR rS
Rev. 09/30/03 6
Vr r.tt4t..tth.
2035 I PG2730
Prepared by
Columbia Title of Florida, Inc.
1826 Ponce De Leon blvd
Coral GabLlen, Fl. 33014
Parcel ID Number: 01-41210210140
Cirttce#I T1N 125-42-6826
Warranty Deed
This indenture, Made this 18th clay of
Alexander Burnett, a single man
m:1121 7 _:ti 4. 443 3 2002 APR 5 i_lf;. ;3
DOCSTPDEE 1 074.00 SIJRTX 0,00
HARVEY RUVIN, CLERK [)f-1DE COUNTY . FL
April , 2002 A.D. ,
of the County of Miami —Dade , State of Florida.
Pia Clemens, a single woman
whusc address is: 3145 Day Ave . , Coconut Grove , FL 33133
of the C'otntty or Miami -Dade
State of Florida
Between
, grantor,
, grantee.
and
Witnc sseth that the GRANTOR, for and in consideration of the sum Of
TEN DOLLARS ($10) DOLLARS,
and other good and valuable consideration to GRANTOR in hand nail by GRANTEE, the receipt whereof
n„ar, oargatneo and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the #etltowing described land, situate,
lying and being in the County of Miami —Dade State of Florida to wit:
The South One -Half of Lot 15, of the BISCAYNE REALTY COMPANY'S
SUBDIVISION OF BLOCK 5 OF THE EDWARD PENT HOMESTEAD, according to the
plat thereof, as recorded in Plat Book 3, at Page 85, of the Public
Records of Miami --Dade County, Florida.
and the grantor does hereby Fully warrant the title to said kind, :tad will defend the saute against lawful claims of ail persons whomsoever.
In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above w itten.
Sign (1, st alecl\al.nd delivered in our presence:
�-Pril�ted
Witlie^.,- s
Naive
c
Printed Name
Witness
STATE OF Florida
COUNTY OF Miami --Dade
"fhe foregoing instrument was acknowledged before me this
Alexander Burnett, a single man
Alexander, urnett
P.o. Address: 3109 Grand Ave. Ste 264; Coconut Grove, FL 33133
17th
day of
REcoPoeD iN t?r'FICtAL RECOrtDS HOOK
cF am Co0Annv. FLORrg&L
RECORD vEnrrrFD
HARVEY RUVIN
f=RK CrRt UiT COURT
April
he is personally known to me or he has produced his Florida driver' ense a
2 C>FE=[tlAt.N(YI'/ii;YSFE)Af,
r.AURA R ACANf71s _
NCO -FA RY PUI?t.ICSTAT' OF FICAtli,Pt Printed Name:
7 COMMISSION NO_ Di 5854 Notary Public
mY(DMMtSS1 ,N S:XI'. 1_L"•.H. 27.20 6
identific n-
> 2002
My Commission 5xpires:
(Scat)
by
2-37030
i s�.rY c„rrr:,trd try 5y,t,ms. tnc.. 2000 V263) 761-s555 rr,r„t rt,wo-3
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