HomeMy WebLinkAboutMajor Use Special Permit Application•
•
•
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
MAJOR USE SPECIAL PERMIT
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. 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 Department designee.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from Zoning.
Rev. 12-13-04
IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECIFIED USES AND/OR
OCCUPANCIES INVOLVE MATTERS DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE. THE
CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR
MAJOR USE SPECIAL PERMITS. (SEE ARTICLE 17 OF ORDINANCE 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA.)
THE DIRECTOR OF THE PLANNING DEPARTMENT SHALL MAKE RECOMMENDATIONS ON ALL
APPLICATIONS FOR MAJOR USE SPECIAL PERMITS AND FOR ANY AMENDMENTS THERETO AND SHALL
TRANSMIT SAID APPLICATIONS AND RECOMMENDATIONS TO THE PLANNING ADVISORY BOARD FOR
ITS RECOMMENDATIONS AND MAY MAKE REFERRALS TO OTHER AGENCIES, BODIES, OR OFFICERS
FOR REVIEW, ANALYSIS, AND/OR TECHNICAL FINDINGS AND DETERMINATIONS AND REPORTS
THEREON. (SEE SECTION 1301.4 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA.)
FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECIAL PERMIT SHALL CONSIST OF AN
EXECUTED RESOLUTION BY THE MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED
THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS MAJOR USE SPECIAL PERMIT
APPLICATION IS APPROVED. IF APPROVED BY THE CITY COMMISSION, SAID RESOLUTION AND
DEVELOPMENT ORDER SHALL, UPON EXECUTION THEREOF, BE TRANSMITTED TO THE OWNER OR
AUTHORIZED AGENT.
1, Lucia, A. Dougherty on behalf of BDB MIAMI LLC, owner/contract purchaser, F & C Kochen
LLC, and Sylvia Whyte Mfg Co. and Abacus Advisory & Consulting Corp.
, hereby apply to the Director of
the Planning Department of the City of Miami for approval of a Major Use Special Permit under
the provisions of Article 17 of the City of Miami Zoning Ordinance at the following location: _
approximately NE 17 Street and NE 2hd Avenue, 79 NE 17 Terr., 75 NE 17 Terr., 69 NE 17
Terr., 67 NE 17 Terr., 65 NE 17 Terr., 59 NE 17 Terr. and 51 NE 17 Terr
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 Hearing Boards first and then signed by a) Public Works on
the 8tr Floor, b) Zoning on the 4th Floor and c) Planning on the 3`d 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'/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.
Rev. 12-14-04 2
•
7. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A".
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. Maps showing the existing zoning designation and the adopted comprehensive plan
designation for areas on and around the property.
11. General location map showing relation to the site or activity to major streets, schools,
existing utilities, shopping areas, important physical features in and adjoining the project,
and the like.
12. Concept Plan:
a) Site plan and relevant information per Section 1304.2.1 d-h in Zoning Ordinance 11000,
as amended.
b) Relationships to surrounding existing and proposed uses and activities, systems and
facilities, per Section 1702.2.2a in Zoning Ordinance 11000, as amended.
c) How concept affects existing zoning and adopted comprehensive plan principles and
designations; tabulation of any required variances, special permits, changes of zoning or
exemptions, per Section 1702.2.2b in Zoning Ordinance 11000, as amended.
13. Developmental Impact Study (an application for development approval for a Development
of Regional Impact may substitute).
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 Department (3`d Floor) 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 Department (3'd Floor) at 305-416-1400 for information.} No
16. What is the acreage of the projectlproperty site? approximately 8.715 acres
17. What is the purpose of this application/nature of proposed use? Approval of Maior
Use Special Permit for 24 lofts and 653,659 sq. ft of retail.
Rev. 12-14-04 3
•
18. 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 and will be kept as part
of the record.
19. Other (Specify and attach cover letter explaining why any document you are attaching is
pertinent to this application).
20. Twenty-one (21) "Major Use Special Permit" books containing the above information. If this
project requires Zoning Board approval, a total of thirty-one (31) books are required.
21. A digital copy containing the above information, individually scanned, as .pdf of every
document submitted in the MUSP book. For example: 1) application and supporting
documents, 2) economic study, 3) traffic impact study, etc.
22. Cost of processing according to the City Code:
a) $ 45,000 , for the Major Use Special Permit.
b) Additional fee of $ 24,598
zoning or variances.
c) Total Fee: $ 71,483
, for any required special permits, changes of
Surcharge $1,150
Mailing $735 (,7.;0 labels x $10.50)
Variance (245°980 x .10)
Signature ! Address 1221 Brickell Avenue
Name Lucia A. Dougherty Miami, FI 33131
Telephone 305-579-0603 Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
IA —
The foregoing instrument was acknowledged before me this 7 --) day of -'
20' by Lucia A. Dougherty who is
individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known o.
produced as identification and who did (did no
(Stamp)
erg
IiAL A
SOL R GONE,;
AIRY PUBLIC STATE OF FLORIDA
COMMISSION NO. DM $$$82
fOMMISsIGN EXP. SEPT 17
(n)
or who has
ake an oath.
Rev. 12-14-04 4
•
•
•
HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
PUBLIC HEARING APPLICATION FOR A
SPECIAL EXCEPTION
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. 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 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
Within the City generally, or within certain zoning districts, certain structures, uses, and/or
occupancies specified are of a nature requiring special and intensive review to determine
whether or not they should be permitted in specific locations, and if so, the special limitations,
conditions, and safeguards, which should be applied as reasonably necessary to promote the
general purposes of the Zoning Ordinance and, in particular, to protect adjoining properties and
the neighborhood from avoidable potentially adverse effects. It is further intended that the
expertise and judgment of the Zoning Board be exercised in making such determinations, in
accordance with the rules, considerations and limitations relating to special exceptions (see
Article 16 of the Zoning Ordinance).
Formal public notice and hearing is mandatory for special exceptions. The Zoning Board shall
be solely responsible for determinations on applications for special exceptions, except when
otherwise provided for in the City Code. All applications shall be referred to the Director of the
Planning Department for his/her recommendation(s) and the Director shall make any further
referrals required by these regulations.
I, Lucia, A. Dougherty on behalf of BDB MIAMI LLC, owner/contract purchaser, F & C
Kochen LLC, and Sylvia Whyte Mfg Co. and Abacus Advisory & Consulting Corp.
, hereby apply to the City
of Miami Zoning Board for approval of a special exception for the property located at _
approximately NE 17 Street and NE 2"d Avenue, 79 NE 17 Terr., 75 NE 17 Terr., 69 NE 17
Terr., 67 NE 17 Terr., 65 NE 17 Terr., 59 NE 17 Terr. and 51 NE 17 Terr, folio number
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 Hearing Boards first and then signed by a) Public Works on the 8th
Floor, b) Zoning on the 4th Floor and c) Planning on the 3ra 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 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 address and legal description on a separate
sheet of paper, labeled "Exhibit A".
8. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4
and 5).
9. Certified list of owners of real estate within a 500-foot radius from the outside boundary of
property (see pages 6 and 7).
Rev.12-14-04 2
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.} 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 Department (3rd Floor) at 305-416-1400 for information.} No
12. What is the acreage of the project/property site? approx. 8.715 acres
13. What is the purpose of this application/nature of proposed use? To permit residential uses
within the C-2 zoning district at a density of R-3.
14. 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 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. Cost of processing according to the City Code:
Special exception $ 800.00
Special exception requiring automatic city commission review $ 2,000.00
Extension of time for special exception $ 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 item above, not to exceed eight hundred
dollars ($800.00) except from agencies of the city; such surcharge to be refunded to
the applicant if there is no appeal from the applicant or a property owner within five
hundred (500) feet of the subject property.
Signature Address 1221 Brickell Avenue
Name Lucia A. Dougherty
Miami, FI 33131
Telephone 305-579-0603 Date
f
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this =J s day o
20_, by Lucia A. Dougherty
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. HelShe is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp) Signature
Rev.12-14-04 3
RL
NOTARY PUBLIC ATE OF F7. I A
COMMl 5101,, . DDI
..'r ` COMM$ S.5?+Jl EXP. SEPT, 17,2
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Lucia A.
Dougherty , 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.
Lucia A. Dougherty t�
Applicant Name Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ' day of rive,/
2O by Lucia A. Dougherty I
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 o did id noake an oath.
(Stamp)
MAgFsOL. CON
NOTARY PUBLIC STATE OF FI-0
COMMlSS:ON NO IDDI
IN -AY CO,!M IScIO IXP SS�..T17
Rev. 12-14-04 5
Contract Purchaser/Owner
DISCLOSURE OF OWNERSHIP
1. 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(es) BDB Miami LLC
Subject Property Address(es) 4401 Davidson Avenue, Atlanta, GA
See Attached Exhibit "A"
Telephone Number
MICHAEL BISCIOTTI 16.6
BILL DAVIS 16.6
JIM DAVIS 16.6
IGNACIO GARCIA 16.6
FRANK ROSENBLUM 16.6
JEFFRY WEIL 16.6
2. Street address and legal description of any property:
(a) Owned by any party listed in answer to question #1; and
(b) Located within 500 feet of the subject property.
(Please supply additional lists, as applicable.)
Street Address Legal Description
None
Lucia A. Dougherty
Owner or Attorney for Owner Name Owner or Attorney for Owner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
he foregoing instrument was acknowledged before me this € day of
20=; by Lucia A. Dougherty who
individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to_rne or who has
produced as identification and who diCdid not) take an oath.
a
(Stamp)
Rev. 12-14-04 6
IviARISOLRGONZ ;IEZ
ARY PUBLIC STATE OF FLORIDA
C0?4?0,5SION NO.Dal 4M8,e..
SSO'
n)
DISCLOSURE OF OWNERSHIP
•
•
•
3. 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(es) F & C Kochen LLC
Subject Property Address(es) 67 NE 17 Terrgace, Miami, FI
See Attached Exhibit "A"
Telephone Number 305-373-1222
Carlos Daniel Kochen 100%
4. Street address and legal description of any property:
(a) Owned by any party listed in answer to question #1; and
(b) Located within 500 feet of the subject property.
(Please supply additional lists, as applicable.)
Street Address Legal Description
None
Lucia A. Dougherty
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner or At or for Owner Signature
he foregoing instrument was acknowledged before me this day of
20'? by Lucia A. Dougherty who is. a(n)
individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personals known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
Signature
OFFsCkAL.NOTARY EAL,.,._
MARISOL R GONZ LZ
NOTARY PUBLIC SWAT E OF R_O JU A
COMM3SS1ON NO,DD1488,S2
COM.KiSSfON„E'Xi7,..SEFTr
Rev. 12-14-04 7
DISCLOSURE OF OWNERSHIP
•
•
5. 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(es) Sylvia Whyte Mfg Co.
Subject Property Address(es) 79 NE 17 Terrace, Miami, Florida
See Attached Exhibit "A"
Telephone Number
John Whyte 100%
6. Street address and legal description of any property:
(a) Owned by any party listed in answer to question #1; and
(b) Located within 500 feet of the subject property.
(Please supply additional lists, as applicable.)
Street Address Legal Description
None
Lucia A. Dougherty
Owner or Attorney for Owner Name Owner or Attorney for Owner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this .' day o
20-c-'> by Lucia A. Dougherty who gi a(n)
individualipartnerlagent/corporation of
a(n) individual/partnershipicorporation. He/She is personally known to me or who has
produced as identification a d`wfio did (did not) take an oath.
(Stamp)
O.
MARISOL GON A
‘aTARYPUaB C STATEOFFLORIDA
COM
'MY c
MIE =.O NO. ,-xu ° rn,?.
Rev. 12-14-04 8
DISCLOSURE OF OWNERSHIP
•
•
7. 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(es) Abacus Advisory & Consulting Corp.
Subject Property Address(es) 501 E. Camino Real, Boca Raton, Florida
See Attached Exhibit "A"
Telephone Number
80% Alan Cohen, 10% Alison Cohen Vogliano and 10% Matthew Cohen
8. Street address and legal description of any property:
(a) Owned by any party listed in answer to question #1; and
(b) Located within 500 feet of the subject property.
(Please supply additional lists, as applicable.)
Street Address Legal Description
None
Lucia A. Dougherty
Owner or Attorney for Owner Name Owner 'or Attor y for Owner Signature
r
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 015 day of " j _,.
200by Lucia A. Dougherty who is a(n
individual/partner/agent/corporation of
a(n) individuallpartnershiplcorporation. He/She is personally known to me or who has
produced as identification and who did did not�a a an oath.
(Stamp) Signature
Rev. 12-14-04 9
Exhibit "A"
LEGAL DESCRIPTION:
All of Tract A and that portion of N. E. 17Terrace for Nng . E. Miami rly of the
Place, OMNI
f\ ortherly prolongation of the East Right ofWay line
ANNEX, as recorded in Plat Book 144 at Page •98 of the Public Records of
Miami --Dade County, Florida.
AND
Lots 7 and 8 and Lots 4 through 6, less the South 7.5 feet thereof and the
West 1/2 of Lot 3, AMENDED MAP OF SEITiER ADDITION, as recordedly
ing
in flat in
2 at Page 60, of the Public Records of Dade County, Y g and
the City of Miami, Miami —Dade County, Florida
•
•
•
•
•
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. 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 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, Lucia, A. Dougherty on behalf of BDB MIAMI LLC, owner/contract purchaser, F & C
Kochen LLC, and Sylvia Whyte Mfg Co. and Abacus Advisory & Consulting Corp.
, 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 NE
17 Street and NE 2nd Avenue, 79 NE 17 Terr., 75 NE 17 Terr., 69 NE 17 Terr., 67 NE 17 Terr.,
65 NE 17 Terr., 59 NE 17 Terr. and 51 NE 17 Terr folio number 001-3136-080-0010, 01-
3136-003-0050, 01-3136-003-0060, 01-3136-003-0070, 01-3136-003-0080, 01-3136-003-0090,
01-3136-003-0100 and 01-3136-003-0110 .
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 Hearing Boards first and then signed by a) Public Works on the 8th
Floor, b) Zoning on the 4th Floor and c) Planning on the 3` 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 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 dear 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 address and legal description on a separate
sheet of paper, labeled as "Exhibit A".
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 Department (3rd Floor) 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 Department (3`d Floor) at 305-416-1400 for information.}
Rev. 12-14-04 2
12. What is the acreage of the project/property site? approx. 8.715 acres
13. What is the purpose of this application/nature of proposed use? Approval of height
variance.
14. 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 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 401 of the City of
Miami Zoning Ordinance as follows:
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:
In order to approach the national standards for an urban structure such as this
project an additional number of parking spaces must be provided. This structure
provides well over the required number of parking spaces in the Code but because of
these additional spaces a 20 ft. height increase is needed. The number of total
stories remains the same.
(b) The special conditions and circumstances do not result from the actions of the petitioner in
that:
The structure can only function appropriately within the height variance.
(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:
A literal interpretation would create an undue hardship on the petitioner in that the
structure could not function adequately absent the additional parking and would
render the project deficient.
(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:
Rev. 12-14-04 3
•
The project seeks to better the community and only needs the variance to not create
the problem found in many retail establishments of a lack of parking. This project
wishes to come close to the national standard for structures of this type and well
exceeds the required number of parking spaces.
(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 is the minimum needed.
(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:
There will be no detrimental effect to the community or the surrounding area.
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
Ail 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
Address 1221 Brickell Avenue
Lucia A. Dougherty Miami, FI 33131
305-579-0603
Date L : t� - ! T`
Rev. 12-14-04
4
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
•
•
The foregoing instrument was acknowledged before me this W5 day of
20_, by Lucia A. Dougherty
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to e or who has
produced as identification and. who did (did not) take an oath.
S�-
(Stamp)
ICI> I i TM
ARJSOL R GONZALEZ
TARY PUBLIC STATE OF FLORIDA
COMMISSION NO, DD148882�q-
YCOMM SS X ,6iE& {7,2
Rev. 12-14-04 5