HomeMy WebLinkAboutVariance Application•
o
o
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. 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, Adrienne Pardo, on behalf of Strategic Properties Group Inc., contract purchaser and
Napoleon Alvarez and Eumelia Alvarez, David Mermelstein and Irene Mermelstein and Ignacio
Rios and Odilia Rios , 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 1501-21 S.W. 37 Avenue, 3686-88 S.W. 15 Street and 3685-
87 S.W. 16 Street, Miami, Florida , folio number 01-4109-024-1130, 01-4109-
024-1320 and 01-4109-024-1150
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 3`d Floor, prior to submittal of
application.
4. An 8 V2 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.) 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
12. What is the size of the project/property site? approximately 0.76 acres
13. What is the purpose of this application/nature of proposed use? The applicant has filed a
MUSP for approval of 100 residential units. The applicant is also requesting variances as
outlined in number 18 below.
Rev. 08/15/03 2
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 1/2 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, 907.3.2 and 915.1.1
of the City of Miami Zoning Ordinance as follows:
1. A setback variance from 15th and 16th Streets by providing 6110" instead of 10'.
2. A building footprint variance to allow .43% instead of .40%.
3. A variance from section 907.3.2 for a portion of the building which is above 40
feet in height,
4. A variance from section 915.1.1 for the parapet walls which screen the
mechanical areas and provide an architectural feature and extend more than 5 feet
above the roof.
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 the loading areas within a fully
enclosed building, along with lining the garage with residential uses and providing
architectural features on the roof require the need for the variances, as well as the
increased setback provided along Douglas Road (22'-0"), which is the real front of the
project and the additional setback creates an urban plaza landscaped solution.
(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 the desire 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
Rev. 08115/03 3
the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner
in that:
•
•
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 and not be able to include loading totally within the building.
(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 variances benefit everyone by providing interior loading and a
lined garage.
(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 variances provide for a better 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 along
with the internal loading areas.
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
Rev. 08/15/03 4
•
•
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
Name
Telephone 305-579-0683 Date
Address 1221 Brickell Avenue
Adrienne Pardo Miami, Florida 33131
-7/ /00
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 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 identification and who did (did not) take an oath.
(Stamp)
Signature
OFFICIAL NOTARY SEAL
MARISOL R GONZALEZ
NOTARY PUBLIC STATE. OF FLORIDA
COMMISSION NO, 0DM48882
MY COMMISSION EXP. SEPT 17,2006
Rev. 08/15/03 5