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HomeMy WebLinkAboutVariance Application & Supp DocsDEPARTMENT OF HEARING BOARDS 444 SW 2" d 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 at the number above, 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 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. 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 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 Clerks 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. 05-14-04 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). 1, Adrienne F. Pardo on behalf of South Bayshore Tower LLLP , 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 1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14 Street, 171 SE 14 Street, 180 SE 13 Street , folio number 01- 0210-050-3220, 01-0210-050-1060, 01-0210-050-3220, 01-0210-050-1050, 01-0210-050-1040 and 01-0210-050-320 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 3'd Floor, prior to submittal of application. 4. An 81/2 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`d 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 (3'1 Floor) at 305-416-1400 for information.} No Rev, 05-14-04 2 12. What is the acreage of the project/property site? .19 acres for additional corner parcel and approximately 1 acre for entire MUSP parcel. What is the purpose of this application/nature of proposed use? Approval of a 8'-8" side street setback on S.E. 13 Street instead of 15 feet required. 13. 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. 14. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 15. The Variance request is for relief from the provisions of Section 605 of the City of Miami Zoning Ordinance as follows: To request a sidestreet setback variance to allow the addition to the prior approved MUSP to have consistency and create an urban retail environment by bringing the retail closer to the sidewalk/street. 16. 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 was originally approved as a MUSP without the corner parcel which is now being added. By including the corner parcel it provides for a better design and a more cohesive and consistent urban environment and allows for the overall building to flow naturally and creates retail closer for the pedestrian. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The additional portion was not available for purchase during the original design and MUSP approval and could not be incorporated into the plans. By including now the building will be more consistent with the neighborhood and allow for the inclusion of retail along 2 street corners. The variance gives more depth for the retail and makes for a better urban environment. (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: Since the building was previously approved and construction drawings completed, the denial of the variance would create a very awkward and inefficient garage and design. (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: It allows for wrap around retail on the ground floor which will encourage pedestrian use and benefit the neighborhood. (e) The Variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure in that: Only a 7 foot variance is being requested and it will allow for both buildings to tie into each other. (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 tie into the already approved variance and MUSP Rev. 05-14-04 3 and allow for a more consistent buiding and wrap around ground floor retail for the neighborhood. 17. 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 Name Telephone 305-579-0683 Date Adrienne F. Pardo Address 1221 Mickel! Avenue Miami, Florida 33131 r3 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of, 206Y, by Adrienne F. Pardo individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is pars iy known to me or who has produced as identification and who did (did not) take an oath. OFFICIAL NOTARY SEAL MARISOL F.GONZALEZ OTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD148882 Y COMMISSION EXP. SEPT 17,206 who a(n) (Stamp) Rev. 05-14-04 4 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, ❑ 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 STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature The foregoing instrument was acknowledged before me this 4 day o 20 by Adrienne F. Pardo who is a(n) individual/partner/agent/corporation of who has a(n) individual/partnership/corporation. He/She is produced as identification and who did (did not) take an oath. (Stamp) —.AL A MARISOL R GONZAI EZ OVARY PUBLIC STATE OF FLORIDA COMMISSION NO. DIl1 E32 COMMISSION IOW, 5ETI ignature Rev. 05-14-04 5 DISCLOSURE OF OWNERSHIP Street address and legal description of subject property: 1390 Brickell Bay Drive, 1300 Brickell Bay Drive, 183 SE 14 Street, 171 SE 14 Street, 180 SE 13 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 Mailing Address Telephone Number South Bayshore Tower, LLLP 1000 Brickell Avenue, Miami, FL Zip Code 33131 305-854-0604 See attached Exhibit "B" 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 A .' tC m �. Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this / / day of --' 2004, 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) OFFICIAL NOTARY SEAL IARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD148882 Y COM MISSION EXP. SETT 17,2006 Rev. 05-14-04 6 Exhibit "A" LEGAL DESCRIPTION PARCEL A Lot 20, less the West ZOO feel thereof, and oil of Lot 22 'AMMO PLAT OF MIKADO COURT`, according to the Plot thereof recorded in Plot Book 14, Page 44 of the Public Records of Miami -Dade County, Florida PARC& B Lot 7, less the Nest .12 feet thereof, all of Lot 8 and the West 100 feel of Lot 9, of 7-I16HLL7I S SUB MSION", of Lot 26 And North 1/2 of Lot 27, Block 105 South, '�U1 KLLL ` S ADL MON TO CITY Of UL4 (1; according to The Plat thereof recorded in Plat Book 1, Page 184 of the Public Records of Miami -Dade County, Florida, subject to the roodway dedication per 0,R, Book 11297 at Page 2278 al the Public Records of Dade County, Florida of the South 10. 00 feet of the herein described parcel. Lots 24 and'26, AMENDED PLAT OF NIRADO COURT, according to the Plat thereof, as raoorded in Plat Book 14 at Page 44 of the Public Records of Dade County, Florida. Exhibit "B" South Bayshore Tower, LLLP: General Partner of South Bayshore Tower is BBB Group, Inc., a Florida corporation. Its address is 1401 Brickell Avenue, Miami, Florida 33131. The sole stockholder of BBB Group, Inc. is Kenneth Baboun. Limited Partners: STB Development, Inc., a Florida corporation Ayres Worldwide Estates, Inc. is the sole shareholder of STB Development, Inc., Jorge Nasser is the sole shareholder of Ayres Worldwide Estates, Inc. SVI II, Inc., a Florida corporation, with an address at 329 Granello Avenue, Coral Gables, Florida 33146. Its sole stockholder is Jose Baboun, whose address is Autopista Las Americas, Kilometro 22, Zona Franca Las Americas, Nave 11A Santo Domingo, Dominican Republic. SVI IV, Inc., a Florida corporation, with an address at 329 Granello Avenue, Coral Gables, Florida 33146. Its stockholders are Jaime Arguimbau and Joanna Baboun whose addresses are Autopista Las Americas, Kilometro 22, Zona Franca Las Americas, Nave 11A Santo Domingo, Dominican Republic. SVI Participations, Inc., a Florida corporation, with an address at 329 Granello Avenue, Coral Gables, Florida 33146. Its sole stockholder is Grand View Participation and Development, S.A., a Panamanian corporation c/o Morgan y Morgan, Via Argentina No. 75, El Cangrejo, Panama 7, Panama SVI V, Inc., a Florida corporation, with an address at 329 Granello Avenue, Coral Gables, Florida 33146. Its sole stockholder is Jose Juan Baboun whose address is Autopista Las Americas, Kilometro 22, Zona Franca Las Americas, Nave 11A Santo Domingo, Dominican Republic. Off ltl2.EL 21069PG472t1 Prepared by: Kerry E. Rosenthal, Esq. Attorney at Law ROSENTHAL ROSENTHAL RASCO 2875 N.E. 191 Street Suite 500 Aventura, FL 33180 File Number: 1246-031 Will Call No.: DT:STPDEE i?fllt'JEY ;T•r`,rs. W. .��L� i.'._rte }•L [Space Above This Line For Recording Data) _ Warranty Deed This Warranty Deed made this L day of February, 2003 between BAYSHORE ROYALE CO., a Florida corporation whose post office address is 100 S. Biscayne Blvd., Suite 1100, Miami, FL 33131, grantor, and SOUTH BAYSHORE TOWER, LLLP, a Florida Limited Liability Limited Partnership whose post office address is 1000 Brlckell Avenue, Ste 720, Miami, FL 33131, grantee: (Whenever used herein the ems 'grantor and 'grantor Include all the parks to this instrument and the heirs. legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (S10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: PARCEL A: Lot 20, less the West 7.00 feel thereof, and all of Lot 22, AMENDED PLAT OF MIRADO COURT, According to the Plat thereof recorded in Plat Book 14, Page 44 of the Public Records of Miamt-Dade County, Florida. PARCEL B: Lot 7, less the West 32 feet thereof, all of Lot 8 and the West 100 feet of Lot 9, of HIGHLEYMAN'S SUBDIVISION, of Lot 26 and North 112 of Lot 27, Block 105 South, BIUCKELL'S ADDITION TO CITY OF MIAMI, according to the Plat thereof recorded la Plat Book 1, Page 184 of the Public Records of Mlaml-Dade County, Florida, less the roadway dedication per Official Records Book 11297, at Pap 2278, of the Public Records of Miami -Dade Couety, Florida, of the South 10.00 feet of the herein described parcel Parcel Identification Number; 01.0210-050-1040; 01-0210.050.1050; 01.0210-050-1060; 01-0210-050- 3200; Subject to taxes for 2003 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, If any, provided that this shall not serve to reimpose the same; and all applicable building and zoning regulations and ordinances Imposed by applicable governmental authorities. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. DoubieTlmw ar • +r. i+? And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31. 2002. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: The foregoing instrument was acknowledged before me this Lay of February, 2003 by TIBOR HOLLO, President of SAYSHORH ROYALE CO., a Florida corporation, on behalf of the corporation. He U is personally known to me or [X] has produced a driver's license as identification. 10/19/04 1 #: 51 GREENBERG TRRUR I G 4 G M NO.029 P01 0,2 This Insi urneait Prepared by and afterrecarding rearm 6u: Russell S. Jacobs, Esq, Bilzin Sumberg Baena Price & Axelrod LLP 200 S. Biscayne Blvd., Suite 2500 Miami, FL 33 13 1 111111111111111111111111111111111111111111111 CFN 2004R045 446 OR Di( 22534 Pas 227E - 2277; doss} RECORDED DR/02/2004 15:58140 DEED DOC TAX 24,000.00 5URTAX 18400.00 HARVEY RiOnilp CLERK OF COURT flIA1#I-BADE CQU1ITT, FLt1RIDA (Fcir Recarder'S Use Only) WARRANTY DEED THIS WARRANTY DEED, dated as of July a 2004, between RI&M PROPERTIES, LTD., a Florida limited parmership, with an address at 1300 Brickell Hay Drive, Miami, Florida 33131 ("Grantor") and SOUTH BAYSHOR.E TOWER, LLLP, a Florida limited liability limited partnership with an address at c/o Murai Wald Biondo Moreno & Brochin,, P.A., 900 Ingraham Building, 25 Southeast Second Avenue, Miami, Florida 33131 ("Grantee"). Grantor, for and in consideration of the sum of S10,00 and other good and valuable consideration paid by Grantee, receipt of which is acknowledged, grants, bargains, sells and conveys to Grantee the land situate, lying and being in Miami -Dade County, Florida, more particularly described below (the "Property"). The Property Appraiser's Parcel Identi.ficatiou (Folio) Number for the Property is 01.0210-050-3220: Lots 24 and 26 of AMENDED PLAT OF MIRADO COURT, according to the Plat thereof recorded in Plat Book 14, Page 44, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH all and singular the tenements, hereditameuts, appurtenances, easements, licenses, privileges thereunto belonging or otherwise appertaining to the Property TO HAVE AND TO HOLD, the same in fee simple forever. SUBJECT TO; 1. Real property taxes and assessments for the year 2004 and hereafter; 2. Zoning and other regulatory laws, ordinances and other restrictions and prohibitions imposed by governmental authorities affecting the Property', 3. Matters which would be disclosed by an accurate survey, and V595312115010 6135215 r Runk 95A4IPscte2275 CFN#20040653446 Page 1 of 3 10/19/04 10: 51 GREENBERG TRAI [R I G 4 G - M NO2.00 DO2 Reservations, declarations, easements, rights of way, limitations, conditions, covenants, restrictions, and other matters of record without intent to re. impasc sante. AND Grantor covenants with Grantee that Grantor is lawfully seized of the Propertyin fee simple; that Grantor fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever. Grantor has executed this Deed as of the date indicated above. Signed, sealed and delivered in the presence of Signature: Print Name: Signature: Print Nam Signature: Print Name: Signature: Print Name: 2 1759631221SCA1 616216v2 RRM PROPERTIES, LTD. a Florida limited partnership By: YM, L.L.C., a Florida limited liability company, its General Partner By: Print Name; )mile Montero Title: Managing Member By: Prine: Ricardo J. Montero Title: Managing Member Rnnk7 nitIPanA22 i 6 CFN#20040653446 Page 2 of 3 10/19/04 10:51 GREENBERG TRAURIG 4 G - M NO.020 P03 STATE OF FLORIDA COUNTY OF IVIIAMI-DARE ) SS: OR BK 22534 PG 2277 LAST PAGE The foregoing instrument was acknowledged before me thiso2frtday of July, 2004 by Yamile Mamer© as Managing Member of YMM, L.L.C., a Florida limited liability company, as General Partner of RRM Properties, Ltd., a Florida limited partnership. She is personally known to me or has produced a State of Florida driver's license as identification. BRAWN LIARCilEflA rtAO1 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE NOTARY PUBLIC, State of Florida Print Name: .1, 0-1A li'r .re veo.• My Commission Expires: *f / f-01 [NOTARIAL SEAL] The foregoing instrument was aclrnowledged before me this Veday of July, 2004 by Ricardo J. Montero as Managing Member of YMM, L.L.C., a Florida limited liability company, as General Partner of RRM Properties, Ltd., a Florida limited partnership. He is personally known to me or has produced a State of Florida driver's license as identification. 3 175763‘21134t p 686216 Y 2 NOTARY PUBLIC, State of Florida Print Name: feareetgr My Commission Expires: [NOTARIAL SEAL1 Rook22534/Paae2277 CFN#20040653446 Page 3 of 3