HomeMy WebLinkAboutVariance Application & Supp Docs•
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DEPARTMENT OF HEARING BOARDS
444 SW 2"cl 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 dose 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).
I, Adrienne Pardo, on behalf of the 02 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 421 NE 28 Street, 435
NE 28 Street, 455 N.E. 28 Street; 429 N.E. 28 Street and 460-62 NE 28 Street, folio number 01-
3230-017-0040, 01-3230-017-0020, 01-3230-017-0030, 01-3203-017-0410 and 01-3230-017-
0010
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 4tn Floor and Planning on the 3r` 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 6
and 7).
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).
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 size of the project/property site? approximately 1.7 acres
13. What is the purpose of this application/nature of proposed use? We are requesting a side
street setback variance on N.E. 28th Street of 15 feet.
Rev. 08/15/03
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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.
See enclosed MUSP application.
17. Other (specify and attach documents explaining why any information you are attaching is
pertinent to this application).
See enclosed MUSP application.
18. The Variance request is for relief from the provisions of Section 401 of the City of
Miami Zoning Ordinance as follows:
The applicant is requesting a 15 foot side street setback variance form N.E. 28th
Street.
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. 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 narrowness of the site and the desire to provide lining the garage with residential
uses requires the need for the side street variance.
(b) The special conditions and circumstances do not result from the actions of the petitioner in
that:
The width of the lot is too narrow along with staffs request to line the garage with
residential uses.
(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:
Rev. 0B/15/03 3
The applicant would be required to construct an inefficient garage which would
require the garage be much greater in height and would eliminate the lining of the
residential uses on N.E. 28th Street.
(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:
The approval of the setback variance benefits everyone by providing a lower garage
and a garage lined and screened with residential uses.
(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 side street setback provided creates an urban environment.
(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:
It will be beneficial by providing an urban environment and a screened garage.
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. 08/15/03 4
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Signature
Name
Telephone
Address 1221 Brickell Avenue
Adrienne Pardo
305-579-0683 Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Miami, Florida 33131
7/2004/
The foregoing instrument was acknowledged before me this 1 day of June
2004, by Adrienne Pardo
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 identificat`n and who did (did not) take an oath.
(Stamp) Signature
OFFICIAL IV e A.RY§
MARISOL R NzAL:
NOTARY PLJBLUC STATE OF FLORIDA
COMMISSION No, DD712
MY COMMISSION Exp. SETT 17,20
06
Rev. 08/15/03 5
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Adrienne F. Pardo
, 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, 0 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.
Adrienne F. Pardo
Applicant Name
Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
he foregoing instrument was acknowledged before me this / day of
2Q_, by Adrienne F. Pardo
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)
OFI-1CIAL NOTARY SEAL
MARISOL R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. DD148882
MY COMMISSION EXI'. SEPT 17,2006
Rev. 08I15103
5
DISCLOSURE OF OWNERSHIP
Street address and legal description of subject property:
21 NE 28 Street, 435 NE 28 Street, 455 N.E. 28 Street; 429 N.E. 28 Street and 460 -
462 NE 28 Street
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 02, LLC
Mailing Address 2975 NE 191 Street, Aventura, Florida Zip Code 33180
Telephone Number
02, LLC is owned by:
BAP Development Inc. 50%
Willy Bermello 50%
Luis Ajamil 50%
GGM Developers, LLC 50%
Gustavo Miculitzki 100%
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
Adrienne F. Pardo
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
C,Lciceue4)
Owner or Attorney for Owner Signature
The foregoing instrument was acknowledged before me this ( day of
2t( by Adrienne F. Pardo
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) Signatur- t , 'uo°
CS''1'ARY PUBUC STATE
roMM15$ION NO. DD148882
Rev. 08/15/03 6 " ° tcItON EXP, SE F'f` 17
EXHIBIT "A"
LOCATION SKETCH
SCALE :
z51
•
rGs
q
NE, 27th ST. ALLEY
LEGAL DESCRIPTION:
L0T5 1 2. 3 4 AND 5 BLOCK —
SCRDIISON 9aNK-115,°4RK
ACCORDING TL= 1-E PLAT 1H2420F AS RECORDED 14 PLAT 5G5K 2 AT PAC2 53 CF 105
PUBLIC RECORDS OF SJAMI—DADE COUNTY, FLORIDA.
AND
LOTS 42 ANO 50
SUBONSI ON BANKERS PA171i
ACCORDING TO 314E PLAT THEREOF A5 RECORDED IN PLAT 600K_.2_µ5T PAGE 53 OF E
530L'.0 RECORDS OE SIAI41—DADE 505=`NTY, ELOR1DA.
BLOCK --
NAY
11111111111111111111111111111111 I ill1 lilt till
This instrument prepared by or under the supervision of
(ai d sf r recording should be returned to):
Name_
Address:
Ricardo L. Fragn, Esquire
Greenbcr<Traurig, P.A.
1221 BrickellAvenue
Miami, Fiorida33131
RECORD AND RETURN TO:
Serber & Associates, P.A.
Turrberry Plaza - Suite 801
2875 N.E. 191' Street
Avenmra, Florida 33180
C1= 14 20 04RO3O9,95]_
OR Bk 222W Fat 1755 - i-j i (2ca )
RECORDED 04:30/2004 155502
DE D r)C; T rel_lrlCIO
SURTAX 27r450.00
ii£iRk.Ti 1!UVINp CLERK xri.F COURT
ilirANi^LA0E 0OU1+1TY p FLORIDA
Parcel La Nos. 01-3230-017-0410, 01-3230-017-0010
01-3230-01.7-0020, 01-3230-017-0030
(Spots Reserved for Clerk of Court)
SPECIAL WARRANTY DEED
THIS SPECIAL W,A.RR.ANTY DEED is made and entered into as of the a`i day of April,
2004 by EDGEWATER PARK, LLC, a Florida limited liability company (the "Grantor"), whose mailing
address is 701 Brickell Avenue, Suite 2050, Miami, Florida 33137, to 0 2, L.L.C., a Florida limited
liability company (the "Grantee"), whose mailing address is Turnberry Plaza, Suite 901-A, 2875 NE 191'
Street, Aventura, Florida 33189. Wherever used herein, the terms "Grantor". and "Grantee" shall include
ail of the parties to this instrument and their successors and assigns.
W1TNESSETH:
GRANNTOR, for and in consideration of Ten and No/100 Dollars (S 10.00) and other good and
valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained and sold, and by these presents does grant, bargain and sell, to Grantee, and Grantee's
heirs, successors and assigns forever, all of Grantor's right, title and interest in and to the following
property located in Miami -Dade County, Florida (the "Property"), to -wit:
Lots 1, 2, 3, 4, 49, and 50, of BANKERS PARK,
according to the Plat thereof as recorded in Plat Book 2,
Page 53, of the Public Records of Miami -Dade, County,
J Florida.
THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 2004 and subsequent
years; (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by
governmental authority, including, but not limited to, all applicable building, zoning, land use and
environmental ordinances and regulations, and (c) easements, conditions, restrictions, rnatters, limitations
and reservations of record, if any, but this reference shall not operate to reimpose same.
TO HAYE ALND TO HOLD unto Grantee and Grantee's hairs, successors and assigns in fee
simple forever,
Grantor thereby specially warrants the title to the Property and will defend the same against the
lawful claims of all persons claiming by, through or under Grantor and no others.
OR ' .K. 22257 PG 1756
...AST PAGE
written.
IN WITNESS WITEREOF, Grantor has executed this Deed as of the day and year first above
Witnessed by: EDGEWATER PARK., LLC, a Florida limited liability
f7r company
/%;,/ .By: TliE INTREPID REAL ESTATE COMPANY,
Phi Narnc: LLC, a Florida limited liability company, its
Manager
1Z-4
Print Name: L,4)%1-0-14- DAI6o'c
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
By: ULIUS LAND COMPANY, LLC, a
Florida limited habi^Ii coil -Tally, a Manager
By:
Henry E. Harper -McCausland; Manager
[Corporate Seal]
The foregoing instrument was acknowledged before me this 2X day of April, 2004 by Henry E.
Harper -McCausland, as manager of Sulius Land Company, LLC, a Florida limited liability company, a
manager of The Intrepid Real .Estate Company, LLC, a Florida limited liability company, manager of
Edgewater Park, LLC, a Florida limited liability company. He is personally known to me or produced
as identification.
Name: Y1
Notary Public, State of Florida
My commission expires: Commission No,
[Notarial Seal]
ha, Wanda Ra z
• My Commission 00287813
oe Expires Fsorue y Cri. 24ge
111rril i11 dial 11Ui1 ll11I 11111 ii11
Bruce J. Sruoler, Eeq.
SMOLER, LER'MAN, BENTE & WHIETESO0 , 7.A.
2611 Eollywood Boulevard
Hollywood, Plarida 33020
Pares1fDNurnber. 01-3230-017-0040
0iaiute zt TIN:
Gia,fut.f2 TIN:
Warranty Deed
jhi1 Indenture, Made this 15t1, day of
Israel ICopel, a single man
of the County of Miami -Dade
C 2, L.L.C., a Florida limited liability company
whose address .s: 2601 South Bayshore Drive, Coconut Grove, FL 33133
of :ice County of i+tiami-Bade
Stasis ar Florida , grantee.
Witnesseth :64 via GR.° NTOtt for end n epresidetniiaa of thc sum of
TEN DOLLARS ($10) DOLLARS,
,wd other good and valuable r-,+>`sidcratinn to GR.'.NTOR in hand paid by GRAN BE, the rcnclps whereof is hereby aniniow1edged, [as
granted, barynined and sold to the trio GRANTEE uad GRANTEE'S ltettt. successors and assigns forcvat, rile following described land siatate,
lying and being in the County of Miami -Dade saw of Florida towit
Lot 5, of BANKERS PA.R.Z, according to the Plat thereof, as recorded in
Plat Book 2, at Page 53, of the Public Records of Mimi -Dade County,
Florida.
April
CFN 200 -RoD22;O31
OR 91t 22229 Ps 112+6; (1as )
RECORDED 04/21 /2004 10:53:13
DEED OOC TAX .r190.00
SURTAX. Irk=2.O
HARVE ( F U D,h CLERK OF COURT
MifVll-DADE C;OLNTY:=LCS(:ID
LST PAE
, 2004
scare of Florida
.etveen
Zrantar,
Subject to:
1. Takes for the year 2004 and subsequent years.
2. Zoning, restrictions and provisions imposed by governmental
authority, if any.'
3. Conditions, limitations, restrictions, and easements of record,
but this provision shall not operate to reimpose same.
4. Restrictions and matters appearing on the Plat or map or otherwise
common to the subdivision.
STATE OF FLOR€DA, COUNT OF OADE
1 HEREBY CER riFY Mai' this is a !nee coy o! in e
anginal' Mad 1n thiS attics. on r i[any of
?Ki Lr , 4 0 za (1
WITNESS my hand and official Sear.
FiAREY CLESK, clCievol and County earns
Ey o.C.
zed the g;anror dos l =by fully warract the title to said band, and wili defend the same against lawful r,:attns of ail persons whrt o otvet.
in Witness Whereof, the ¢antra hos hctc,auo set his hand and sral
Signer ed any delivered i our presence:
r
'Printed +
Witne
Q
Printed Name:
Witness
ca 1_..or Cr.n
STATE OF Florida
COUNTY OF 2!iarn; -Dade
The foresoing iostrumwt was achoowie ged before uie this
Israel Kope1, a Single men
Geis pcmaallyknownto'meoncnhasproducedhis Florida
CAALfS 0. L3I9. N
EXPMES:0 hat 2E 20r.4
wed Tary Otto ^7
day and ytar first above writcn,_
Israel Kope%
P.O. Andress: 8777 Cancun Avenue, YH-2, Surfside, FL 33154
15 t72 a..uv oz
driver's
April
Eon.
(Seal)
, 2004 by
Notary Public
My Cocv-nusion Exnscs.