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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 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. Upon submittal,
this 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. Ali 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 Department designee.
. Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from Zoning.
Rev. 12-14-04
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).
I, Gilberto Pastoriza, Esq. on behalf of Terranova Biscayne Investments, LLC, and East
Boulevard Apartments, 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 328-338 Biscayne Boulevard, Miami, Florida, otherwise legally described in the
attached Exhibit "A" folio number 2751 Biscayne Boulevard and 328-338 NE 28t" Street,
Miami, Florida, otherwise legally described in the attached Exhibit "A" with the following folio
numbers 01-3230-017-0320;0330 and 0340.
1. Four (4) original surveys prepared by a State of Florida registered land surveyor within six (6)
months from the date of application.
2. Four (4) original set of plans: three (3) 11x17" and one (1) 24x36", signed and sealed by a
State of Florida registered architect or engineer showing property boundaries 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 Rearing Boards first and then signed by a) Public Works on the 8th
Floor, b) Zoning on the 4tn Floor and c) Planning on the 3rd Floor, prior to submittal. Note:
Plans are to be submitted to Zoning for review starting from the 8th through the 30th of each
month. Zoning will not be accepting plans on the first seven days of the month.
4. An 8 1/2 x 11" copy of the plans after signature from the above departments.
See MUSP binder
5. At least two photographs that show the entire property (land and improvements).
See MUSP binder
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.
See MUSP binder
7. A dear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A".
See MUSP binder
8. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 5
and 6).
See MUSP binder
9. Certified list of owners of real estate within a 500-foot radius from the outside boundary of
property (see pages 7 and 8).
See MUSP binder
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 Department (3rd Floor) at 305-416-1400 for information.}
See MUSP binder
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 Department (3`d Floor) at 305-416-1400 for information.}
See MUSP binder
Rev. 12.14-04 2
12. What is the acreage of the project/property site? Net acreage - .647 acres — gross
acreage .966 acres.
13. What is the purpose of this application/nature of proposed use? Allow a mixed use
development consisting of 89 residential units, 5,658 sq. ft. of office space, 2.939 sq. ft. of retail
space and 150 parking spaces all contained within one structure.
14. All documents, reports, studies, exhibits (8 % xl 1") or other written or graphic materials to be
submitted at the hearing shall be submitted with this application and will be kept as part of the
record.
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 2502 of the City of Miami
Zoning Ordinance as follows:
The Property is located at the SE corner of Biscayne Boulevard and NE 28;h Street. The
Property has a net frontage on Biscayne Boulevard of 77.17 feet after dedication (83.17 ft.
prior to the dedication) and 250 feet along NE 28 Street. The Property is made up of 5
platted lots (lots 38 through 41). Lots 38 through 41 are zoned C-1 with anSD-20 overlay
(the "C-1 Lots"). Lot 42 is zoned R-4 with an SD-20 overlay. The Property will be developed
as a unified site accordingly Biscayne Boulevard is deemed the front of the Property.
Section 620.2.3 of Zoning Ordinance No. 11000 (the "Ordinance") has a side setback
requirement of zero feet for commercial uses. This development complies with all the
setback regulations in the SD-20 and C-1 district. Nevertheless, the Zoning Administrator
has determined that the yard requirements of Section 2502 apply. This development
complies with all yard requirements in Section 2502 except for "other yards adjacent to
street" which would require a setback along NE 28th Street of 7.5 feet where 4 feet is
provided. Otherwise the proposed development complies with all other applicable
provisions contained in the Ordinance.
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:
Special conditions and circumstances exist which are peculiar to this Property in that
the applicant is dedicating a 6-foot strip of land all along the entire north side of the
Property a distance of 250 feet for a total dedication of 1,500 square feet or 6.6% of
the total net area. There was also a "de minimis" portion of lot 38 that was taken for
Biscayne Boulevard.
The area where the variance is request abuts NE 28th Street. This is the area where
the applicant is dedicating the 6-foot strip. But for the dedication, the variance would
not be required.
(b) The special conditions and circumstances do not result from the actions of the petitioner in
that:
Rev. 12.14-04 3
The dedication is required by the City of Miami (along NE 28 Street) and Florida
Department of Transportation (along Biscayne Boulevard).
(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:
Other properties within the zoning district do not require these dedications and the
denial of the variance results in an unnecessary and undue hardship since the area
where the variance is required abuts a public road and there is no impact to abutting
property owners.
(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 granting of the variance is not a special privilege to this property but is a right
available to other properties in the same zoning district.
(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 variance, if granted, is the minimum variance given that is only requested for a
small portion of the Property. The variance is a result of the dedication. Without the
dedication, the yard requirement of Section 2502 would have been met. The
approval of the variance makes for a more reasonable use of the property and the
design of the building.
(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 propose use on the Property is consistent with the City's Comprehensive Plan
and the Ordinance. The Planning and Zoning Department had this to say about this
project "the commiteee would like to commend the applicant on the high standards
of design and originality developed on this project."
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:
Rev. 12-14-04 4
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CS, PR, R-1, R-2
All other residential districts
All nonresidential districts
Extension of time for variance
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
Surcharge equal to applicable fee from items above,
(800.00), except from agencies of the City; such
applicant if there is no appeal by the applicant or
hundred (509)-f t Of the subjecf.prdperfy
Signature
Name
Gilberto Pastoriza, E.
Address
$ 250.00
$ 450.00
$ 550.00
$ 500.00
$ 3.50
not to exceed eight hundred dollars
surcharge to be refunded to the
from a property owner within five
2665 S. Bayshore Drive, #420
Miami, FL 33133
Telephone (305)854-0800 Date ,
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
T e for oin instrume was acknowledged before me this day of
at-
2by who is - (n)
individual/partnerlar a corporation of �q.,44,-
a(n) individual/partnership/corporation. He/She is personally kngan to me or who has
produced asiantification na d who did (did not) take an oath.
(Stamp)
611‘.RY ; MARILYN SOMODEVILLA
•* * MY COMMISSION 11 DO 222204
EXPIRES: September 13, 2007
SantizC Tfiru BUdet Nolan/ Services
Rev. 12-14-04 5
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 381ess that portion taken for right of way of Biscayne Boulevard, and Lots 39, 40, 41 and
42, of BANKERS PARK", according to the Plat thereof, as recorded in Plat Book 2, at Page 53,
of the Public Records of Miami -Dade County, Florida.
Property Address: 2751 Biscayne Boulevard and 328-338 NE 18th Street, Miami, Florida 33175
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