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HomeMy WebLinkAboutVariance Application• • • DEPARTMENT 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. B y any means, p lease feel free t o contact the department at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI 0 F T HE C ITY 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 3:00 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 before the deadline. Upon submittal, t his application must be accompanied with a signed and current Zoning Referral. 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. A valid 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 cost to record the Zoning Board 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 is signed or initialed by 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. V75805\198221 # 689120 v 1 8/25/04 9:12 AM Rev. 07-15-04 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, A. Vicky Garcia -Toledo, Esquire, P.A., on behalf of Loft Development, Ltd., now known as Soho Development, Ltd. 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 approximately 601, 611, 613 and 615 N.E. 23rd Street, folio number 01-3230-030-0040,-0060,-0070,, -0080 and -0085 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. Three (3) sets of original plans: two (2) 11x17" and one (1) 24x36", signed and sealed by a State of Florida registered architect or engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 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. At least two photographs that show the entire property (land and improvements). 6. 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. 7. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 8. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 5 and 6). 9. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 7 and 8). 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 (3`° Floor) 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 (3rd Floor) at 305-416-1400 for information.} No. Rev. 07-15-04 173190111 1251 4 688228 v 1 8/251©4 9:to M 12. What is the acreage of the project/property site? 0.64 net acres, 0.92 gross acres 13. What is the purpose of this application/nature of proposed use? Residential condominiur project 14. All documents, reports, studies, exhibits (8 '/2 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: The Applicant seeks a variance from the 20-foot front setback requirement in a R-4 District on both N.E. 23rd Street and N.E. 23`d Terrace. The Applicant also seeks a variance from the 20-foot residential loading berth setback requirement. 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: The property is confined by the narrow depth of t he block, which is less than the average City block. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The City Planning Department has required the applicant to include liner units along NE 23rd Street on an already narrow block. (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: T he applicant is seeking variances similar to those which have been g ranted to other projects in the area. (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: Other projects in the area have received similar variances. (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 requested setback variances are the minimum necessary to d esign a residential condominium project which is consistent with other residential projects in this neighborhood, while at the same time provide the required liner units on a narrow block. (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 variance allows the applicant to develop a residential condominium consistent with other residential projects in this area, while at the same time provide the required liner units, which will preserve a neighboorhood atmosphere Rev. 07-15-04 1731901111251 # 688228 v 1 8/30/04 9:37 AM 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: Bilzin Sumberg Baena Price & Axelrod LLP 2500 Wachovia Financial Center 200 South Biscayne Blvd. Name: A. icky Garcia -Toledo Miami, Florida 33131-5340 A. Vicky Garcia -Toledo, Esquire, P.A. Telephone: 305-350-2409 Date: August 24, 2004 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day o 2004 by A. Vicky Garcia -Toledo, Esquire,_P.A ., as Attpff ey t Yr Owner She i peJscnaii,. known to me and did take an oath. (Stamp) CAROL BONNEMA MY COMMISSION # DD 182609 EXPIRES: Fabruary4, 2007 ' pL ;„,,.. banded Thtu Pict%rd trsursnce Agony Rev. 07-15-04 173190\11 125\ # 688228 v I 8/23/04 8:55 PM