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HomeMy WebLinkAboutCity of Miami Application for Variance• 0 DEPARTMENT 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, 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. Rev. 09/30/03 M ADOCS 783338 1 4/1/05 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. 09/30/03 MIADOCS 783338 1 4/1/05 2 • 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, Maria A. Gralia, Esq., on behalf of Premier Luxury Investments LLC, the property owner hereby apply to the City of Miami Zoning Board for approval of a variance from the terms of the Zonina Ordinance of the City of Miami, affecting the property located at 295712981/2951 S.W. 38t'' Court and 3841/3845/3851 Bird Road, Miami, Florida 33146 , folio number See Exhibit "A" attached hereto 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 81h Floor, Zoning on the 4th Floor and Planning on the 3rd Floor, prior to submittal of application. 4. An 8 1/2 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 5 and 6). 6. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 7 and 8). 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.) Rev. 09/30/03 MIADOCS 783338 1 4/1/05 3 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.) 12. What is the acreage of the project/property site? 1.07+1- acres 13. What is the purpose of this application/nature of proposed use? Request for variance to the number of stories permitted in the C-2 Zoning District, per Article 4, Section 401 "C-Z" 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: 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: See Exhibit "B" attached hereto. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: See Exhibit "B" attached hereto. (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: See Exhibit "B" attached hereto. (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: See Exhibit "B" attached hereto, Rev. 09/30/03 M1ADOCS 783338 1 4/1/05 4 (e) The Variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure in that: See Exhibit "B" attached hereto. (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: See Exhibit "B" attached hereto. Rev. 09/30/03 MIADOCS 783338 1 4/1/05 5 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 Shutts & Bowen, LLP Name Maria A. Gratia, Esq. 201 S. Biscayne Blvd. Telephone 305-347-7328 Date April , 2005 Rev. 09/30/03 MIADOCS 783338 1 4/1/05 6 • • • STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of April 2005, by Maria A. GraHa, Esq., as Attorney who is a(n) individuallpartnerlagnt!corporation for Premier Luxury Investments LLC, a(n) individual/partnership/corporation. Nelms is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 09/30/03 MIADOCS 783338 1 4/1 /05 Ana C Escnbano-Cruz a My Corm -no -awn D022483/ cxpres September 14, 2007 7 Signature • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Maria A. Gralia, Esq., 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, CI including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 305-347-7328 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. Maria A. Gralia, Esq. as Attorney for Premier Luxury Investments LLC Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature The foregoing instrument was acknowledged before me this day of April 2005 , by Maria A. Gralia, Esq., as Attorney who is a(n) individual/partner/Agent/corporation for Premier Luxury Investments LLC a(n) individual/partnership/corporation. He/she is personaii kn to me or who has produced as identification and who did (did not) take an oath. (Ste p, "" '"pr..tAna C Escribano-Cruz My Commmisston D1)224631 11, „cis' Exprres September 14, 2007 Rev. 09/30/03 MIADOCS 783338 1 4/1/05 8 Signat DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: See Exhibit "C" attached hereto, 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 Premier Luxury Investments LLC See Exhibit "D" attached hereto for percentage ownership Mailing Address 3851 Bird Road, Miami, Florida Zip Code 33133 Telephone Number 305-441-2422 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 NIA Maria A. Gralia, Esq. as Attorney for Premier Luxury Investments LLC Owner or Attorney for Owner Name Owrfer or Attorney for Owner Signature Rev. 09/30/03 MIADOCS 783338 1 4/1/05 9 • • • STATE OF FLORIDA COUNTY OF MIAM1-DADE The foregoing instrument was acknowledged before me this 1 • day of April 2005, by Maria A. Gralia, Esq. as Attorney who is a(n) individual/partnerLa_gentLcorporation for Premier Luxury Investments LLC a(n) individual/partnership/corporation. Heatee is personal' kn to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 09/30/03 MIADOCS 783338 1 4/1/05 Ana C Escrtano-Cruz a My Commission DD224631 Expires September /4. 2907 10 Sid nature • • Folio Number: Folio Number: Folio Number: Folio Number: Folio Number: Folio Number: Exhibit "A" Folio Numbers 01-4117-003-1130 01-4117-003-1140 01-4117-003-1161 01-4117-003-1170 01-4117-003-1180 01-4117-003-1190 2951 SW 38th Court 2957 SW 38th Court 2981-83 SW 38`h Court 3851 Bird Road 3845 Bird Road 3841 Bird Road M1AD©CS 783419 1 • • • Exhibit "B" (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. The height limitation in the C-2 zoning district is one hundred twenty (120) feet or ten (10) stories, whichever is less. The purpose behind the story limitation was intended to provide higher ceiling requirements for warehouse uses, however, not required by the building code. When this section of the City of Miami Code was developed, two-story loft units were not contemplated, although permitted in the C-2 zoning district. The project complies with the 120 feet height restriction in the C-2 zoning district, including the applicable minimum height clearance of the building code, which is a minimum of 7'. The project is located on Bird Road between S.W. 38th Avenue and 38th Court. within the C-2 zoning district. The Byblos building measures one hundred twenty (120) feet as permitted in the C-2 zoning district. The building has thirteen (13) stories and includes three levels of underground parking The first four (4) stories consist of retail and office. The fifth through thirteenth stories consist of the residential loft units. The residential loft units have two stories with the entry on the first level only, (except for the penthouse units located on the thirteenth floor, consisting of a single story). The elevators stop at every other floor. For example, the elevator stops on floors 5. 7, 9, 11 and 13. Due to the building's two (2) story loft design and utilization of only the first level for access to the units, it is our belief that we comply with the intent of the C-2 zoning district since the building does not exceed the maximum one hundred twenty (120) feet. The height of each of the stories complies with the applicable building code of 7' minimum height clearance. (b) The special conditions and circumstances do not result from the actions of the petitioner. The existing special conditions and circumstances do not result from actions of the petitioner. The building complies with the maximum building height of one hundred twenty (120) feet. Petitioners have done everything architecturally feasible to provide a development of low density providing 38 units and three levels of underground parking The loft units, although two stories each, only have access through the first level. Accordingly, if one counts the access level as a story, the building is less than the permitted ten (10) stories. Thus, special conditions necessitating the variance do not result from actions of the petitioner. (c) Literal interpretation of the provisions of this zoning ordinance deprives the applicant of rights commonly enjoyed by other properties in the same zoning MLADOCS 783494 1 • • • district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. The purpose and intent of the existing zoning ordinances in the Code is to facilitate development in the City of Miami. The C-2 zoning district provides for the maximum height of a building to be 120 feet or 10 stories, whichever is less. A literal interpretation of the C-2 zoning district would call for a building of ten (10) stories to consist twelve (12) foot ceilings. However, the building code allows a minimum height clearance of 7'. As such, there is no need to restrict the number of stories when the entire building complies with the maximum building height of 120 feet, in accordance with the purpose and intent of the Code and applicable building code. As such a literal interpretation of the Code provisions works an unnecessary and undue hardship on the petitioner. (d) Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. The project is located on property which is zoned C-2. The height limitation in C-2 is 120 feet. The building's height complies with the maximum height allowed in the C- 2 zoning district. Also, each of the loft units consist of two stories, however, the entrance is only through the first level. Therefore, if you count only the stories that have access to the units, the building is under the maximum of 10 stories. All other projects in the C-2 zoning district, per the Code, must comply with the height limitation of 120 feet. Accordingly, granting the requested variance conveys the same treatment to the building as that in other C-2 districts. (e) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. The requested variance is the minimum amount of variance needed. The project has provided three stories of underground parking. The building provides a density of only 38 units when a maximum of 82.5 units is allowed. In order to achieve this low intensity development, with combined retail and office uses, the requested variance is the minimum needed to achieve the project goals. (f) The grant of the variance is in harmony with the general intent and purpose of the zoning ordinance, and is not injurious to the neighborhood, or otherwise detrimental to the public welfare. The grant of variance for the building will not be injurious, incongruent with, or detrimental to the public welfare. In fact the requested variance will facilitate the project goals of promoting a balanced and low density development. Accordingly, the requested variance is in complete harmony with the intent and purpose of the Code. MIADOCS 783494 I • • MIADOCS 783494 1 • • • Exhibit "C" Legal Description Street Addresses of subject property: 2957 / 2981-83 / 2951 SW 38th Court and 3841 / 3845 / 3851 Bird Road, Miami, Florida., 33146. Legal Descriptions: Lot 15, Block 6 of "COCOANUT GROVE", according to the plat thereof as recorded in Plat Book 2, at Page 85 (2957 SW 38th Court). Lot 18, Block 6 of "COCOANUT GROVE", according to the Plat thereof as recorded in Plat Book 2, at Page 85 (2981-83 SW 38th Court). Lot 21, Block 6 of "COCOANUT GROVE", according to the Plat thereof as recorded in Plat Book 2, at Page 85 (3845 Bird Road). Lots 19 and 20, Block 6 of "COCOANUT GROVE", according to the Plat thereof as recorded in Plat Book 2, at Page 85 (3851 Bird Road). Lots 22, 23, 24, 25 and 26, Block 6 of "COCOANUT GROVE", according to the Plat thereof as recorded in Plat Book 2, at Page 85 (3841 Bird Road). Lot 14, Block 6 of "COCOANUT GROVE" according to the Plat thereof as recorded in Plat Book 2, at Page 85 (2951 SW 38th Court). Rev. 03/27/03 NHADOCS 783405 1 8 • Exhibit "D" Disclosure of Ownership Premier Luxury Investments LLC lmm USA, LLC - 37.5% Raymond Mitri - 100% Kbird, LLC - 37,5% SKR Holdings - 100% Roger Khouri - 50% Suzana Khouri - 50% Faraya, LLC - 25% Michel Daccach - 50% Sonia Daccach 50% Rev. 03/27/03 M1ADOCS 783405 1 • 5. 0 0 ABUSE V:AI BOUNDAYD A Y SURVEY ET dim t000 6 ddell6 5653 1- 1R1 - RECORD 24- ED = FOUND 2- all MEASURED 21- IPA = IRON PIPE 3- (C1 CALCULATED 26- N.T-S = N01 TO SCALE 4- Ye P,AT BOOK 27- P-0-El = POINT OF BI6INRING 5- P6 PACE 28- PSC f P01Nf IN CInNFNCEI NT 6- 0 B. 5. = CONCRETE BLOCK S1UCr( 29- EL = E2EVAT10N 7- A RADIUS 3- NOW f NAZI SAL GM fi If 20011GL DATU 8- A - ABC 31- MIS MEAN SEA Ilia 1 H- G DMA 32- ENDA = 01(00AC11NT' N1 10- CB CRORD BEARING 33- CLR CLEAN 11- 1 TANGENT 34 GONG - CONCRETE 12- C - CHORD 31- R/W = RIGM1'OF-^,AY 13- ° 402260 35- Gil = CEMIER1 IK 14- LB LAND SURVEYING BUSINESS 37' HMI = HUMERI ter BLS REGISTERED LAND SURVEYOR 30- INV, ' INVER 16- PK NAIL = PARKER/ 1(AI ON NAIL 39- T- O. P- _ 10P OF PI PI 17- N = NORTH 43- B O. P- = 80110M Of PIPE 18 S = SOWS 41- C.E FENCE - CHAO! IINK FENCE 19 E = EASE 42- NM = PRCFESSIONFL MAUSTON 6 MAPPER 0 I = WEST 43 10) = DEED 21 > DEGREES 44- (DOT) = OEPARENCIO or 1R4NSPORIATION 22 - = MINDIES 16EAM1N0SI 45 0Id Cif id IA. Of rUP1)5 BOOK /3 SECONDS (BEAR MFG5) KG- PAM = PECLIENENI REF MENCE MONUMENT 151 D` IPON NUN IS CnNCAEtEI • -ADJACENT 6' CHAIN LINK FENCE S09°59'54'E 151.B0'OP) 9.0'x 10.0' n=1Al SUED 4x B' HTY SHED 43. 30' S09°58'J3'E 151.7 t47.'04` .1.11'10 ,•,-' SUPI'EYDS'S CFRT iF If ON _H ENCE D. ID' CLEAR PIIPPEn24164Plax i HEREBY CE li t II;00: Ut the waessiraz -Almon of theondersigned Professional Surveyor' e Kasper 'n the St c=- of Fior l de, the fall off toy 3uoldory Survey ®eels the requirements of She Rlnimofo technical Standards as set 1or0L by the Florida Board of Professional Surveyors and Mappers In Chapter 6101T, Florida Administrative Code, pursuant io Section 472 027, Florida Statutes. Further. this per tit Irate Is based on observe tI ons of (laid 0ea5or mots performed on 1- 'L5- os and other Informal l on Oval ladle to the motors lgned at the lime the seraces Nere rendered. Copies of this Boundary Savoy are not va11d ul05414 the 5lgnature oaf the or ulnaral se4 seal of n Florida licensed surveyor and sapper, Sala embossed cop les are f or lhe 5pec If it use of those eral 1 les that the Boundary Survey have been meet ievl to. Add It ions dolellons 1 ,his sap by other than '-f slum so oar ty or part es 15 orohlblt d n II -^.cut n :t ten consent of the sI go Ing party or parties. J-H. MANUCY, IBC 1 RY ` Dated this li day ifis1PLE1, 20Qopti „9 JACOB G SU9VEYC7I 6 MAPPER M0 5231 S1A1E OF FIORIDA BEANADE 5 NERNANOEZ 6i00E"DR d NA0DEL HO 2905. S1A1E DF FLORI➢A MIS SURVEY CERTIFIED 10 PREMIEN LUXURY INVE51MEN7S, LLC, a Fl1rl Ha United Il eV tit, company t UKACS 6 2UKACS. P-A R0BER1 A. ("MACS. ESQUIRE A i1ORNEY'S 111LE IMSURANCE FUND. INC- 40T1I. STREET - BIRD FIDA LOCATION MAP 1" - 100' I FDAL DESCHIPI ION: Lei 14,9inck 6 of OCALIP SE000715ES CORPOOLTION'S PLAT DF COCDAN01 GROVE', acccedl29 to the plat thereof as recorded In Plat Book 2. at Page 05 et the Pub llc Recoedo of NI awl -Dace County, fl or Ida. Properly Address: 245f 3H 3Bih- Court. Miss!, Florida 33156 Ts, Fal!s f0f 4<f7-)03-1.39 SURVEYOR'5 MUTES. 1- lands shown hereon were not abstracted for easements and/or rights -of -way of record, except as shown hereon, If any. 2- 14 attempt vas made by this firm to !orate underground utilities, footings of bulielnps. walls or fences, except as shown hereon, If any. 3-there are no e oa h t either-y party Ilne& except Es shown hereon. If any. 4- the North arrow and Bearing_ shoos hereon r based on ass05ed beefing of 9an other 0besr]n along the relative thereto of W. aaOl d. Street (Bird Road),and all tear beer. shim are relat ire based oa 5- (192al Ions Sea hereon are based on National Geodetic Vertical Datum (ench arks Sea Level( Squar 6- Benchmark Used: . F lev cut In t14. II' at Northwest corner of Bird Road and S. W. 381h. Court. Elevatl pn I!4. II' MANUCY, I NC. 9 near fdsLISALKAddod lama or PIMEC1 w.K: PREMIER LUXURY INVESTMENTS, LLC Ma NIT --tido7mmo.5. DEMO .685 SCAL(: I' • 15' FIRS mom- n913.235 1 0540 w : 105G18 1 0 I DIEM