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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 www.miamigov.com PUBLIC HEARING APPLICATION FOR A MAJOR USE SPECIAL PERMIT Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us 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. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The responses to this application must be typed and must be signed in black ink. The deadline to file the complete application, along with pertinent documents, is the first five working days (1-5) of each month —unless extended because of a holiday —from 8:00 am until 3:00 pm. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Please note that the cashier on the 4th floor will close at 4:00 pm; therefore, 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. 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. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 04-15-05 BEFORE SUBM1 i I ING AN APPLICATION FOR MAJOR USE SPECIAL PERMIT (MUSP), THE PROSPECTIVE APPLICANT SHALL CONFER WITH THE ZONING ADMINISTRATOR OR HIS/HER DESIGNEE AND THE DIRECTOR OR HIS/HER DESIGNEE OF THE PLANNING DEPARTMENT TO OBTAIN INFORMATION AND GUIDANCE BEFORE INITIATING THE PROCESS. IT IS INTENDED THAT MUSPs 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 MUSPs. (SEE ARTICLE 17 OF ORDINANCE NO. 11000, AS AMENDED.) THE DIRECTOR OF THE PLANNING DEPARTMENT SHALL MAKE RECOMMENDATIONS ON ALL APPLICATIONS FOR MUSPs 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 NO. 11000, AS AMENDED.) FINAL. APPROVAL OF THIS APPLICATION FOR MUSP SHALL CONSIST OF AN EXECUTED RESOLUTION BY THE MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER, WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS MUSP APPLICATION IS APPROVED. Javier F. Avino, on behalf of Bird Road, LLC, contract purchaser and Bird Ventures, LLC, owner hereby apply for approval of a Major Use Special Permit at approx. 3760 Bird Road . and in support of that request, furnish the following: 1. The property/location listed does not have any open code enforcement/lien violations. 2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 3. One (1) original 24x36" plan, 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. 4. Plan needs 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"t Floor, prior to submittal. Note: Plans are to be submitted to Zoning for review by appointment only starting from the 8th through the 30th of each month. Zoning will not be accepting plans on the first seven days of the month. 5. After obtaining signatures from the above departments, two (2) 11x 17" and one (1) 8 1/2 x 11" copies of the original plan. 6. At least two photographs that show the entire property (land and improvements). 0. 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. • • 8. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A", 9, Affidavit and disclosure of ownership of the subject property (see pages 5 and 6). 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). 11. What is the acreage of the project/property site? Approx 1.76 acres 12. What is the purpose of this application/nature of proposed use? Approval of a Mater Use Special Permit for 254 residential units, approximately 25,000 S.F. of retail, approximately 65,000 S.F. of office and 631 parking space pursuant to Articles 5, 17 and 914 of the Zoning Ordinance. 13, Is the property within the boundaries of a historic site, historic district or archeological zone? No Please contact the Planning Department on the 3rd Floor for information, 14. Is the property within the boundaries of an Environmental Preservation District? No Please contact the Planning Department on the 3rd Floor for information. 15. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 16. A signed Traffic Sufficiency Letter from the City of Miami's traffic consultant. 17. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. 18. 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. 19. Concept Plan: a) Site plan and relevant information per Section 1304.2.1d-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. Rev. 04-15-05 3 20. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). 40 21. Twenty (20) "MUSP" books --including an original —containing 8 '/2 x 11" copies of the above information, including this application and any other public hearing applications. If the project requires a Variance or Special Exception request, thirty (30) books are required. • • 22. One (1) electronic copy containing the above information, individually scanned, as ".pdf' of every document included in the MUSP book. For example: 1) Outside Cover, 2) Inside Cover, 3) Table of Contents, 4) Application and Supporting Documentation, 5) Plans, etc. 23. All documents, reports, studies, exhibits (8 1/2 x11") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 24. Cost of processing according to Section 62-156 of the Miami City Code: a) Major Use Special Permit $ 45,000 b) Additional for any required special permits; such as, Change of Land Use, Change of Zoning, Special Exception and/or Variance $ 7,669.80 c) Mail notice $ 1,036 (74 x $14.00) d) Total: $ 63,705.80 Signature Name Address 1221 Brickell Avenue Javier F. Avino Miami, Florida 33131 Telephone 305-579-0703 Date E-mail Address avinoj{c otlaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 0 , by Javier F. Avino 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 no take an oath. (Stamp) '(g d" gARJSUNOTARY L R GONZAEZ 4` NOTARY puaucSTATE OF FLORstA COMMISSION NO. DiJI. &S-'''6+ k e 1 E` j}�t'E ai.- ��.�.:13�SEGYwn`. (-171/1 Signature Rev. 04-15-05 4 • • • HEARING BOARDS 444 SW 2nd Avenue, �2rJ30Floor + Fax305-41Florida 6 2035 30 Telephone 305 416 www.miami ov.com PUBLIC HEARING APPLICATION FOR A VARIANCE Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTERR2,S ARTICLE VI OF HE CITY CODE STATES THAT ANY PERSON WHO REMUNERATION OR EXPENSES FOR CONDUCTING LO ENGAGING OBBYING LOBBYITO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR IG ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE VEOMITHE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN must bI, FLORIDA, 33133. Copies of lobbyist documentation with proof of payment submitted with the complete application. The responses to this application must be typed and mbe signed dnin, bltheack ink r s deadline to file the complete application, along with pertinent t five workin da s 1-5 of each month —unless extended because f of for holidastaff _ revue b 8:00 am until 3:00 pm. If you like, you could bring the materials toon fore the deadline to ensure the application is complete. Please noto th tt at the cashi the teadlinehe floor will close at 4:00 pm; therefore, a paid receipt must be suUpon submittal, this application must be accompanied with a signed Zoning Referral, You will be responsible, if needed, to bring an interpreter for the English language to any p resentation before city boards, committees and the city representing he appfi d power of attorney will be required if neither applicant or legal counsel te the application or desire to make a presentation before city boards, committees and the city commission. An additional fee to record Zoning Board resolutions will be to charged anM it is d etermi ntdd contingent upon fees charged at the time of recordation. Recorder's Office at 22 NW First Street, First Floor, and ask for a certified copy. Please have the original recorded document mailed to the address above and rat oing turewebsite through the certified copy to our office. Copies of City Commission resolutions can be obtained "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 04-15-05 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 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). Javier F. Avino on behalf of H & H Development, Co., contract purchaser and Bird Ventures, LLC, owner , hereby apply to the Miami Zoning Board for approval of a Variance at the property located at approx. 3760 Bird Road folio number 01-4120-001-0010 1. The property/location listed does not have any open code enforcement/lien violations. 2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 3. One (1) original 24x36" plan, 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. 4. Plan needs to be stamped by Hearing Boards first and then si ned by a) Public Works on the 8th Floor, b) Zoning on the 4th Floor and c) Planning on the 3r Floor, prior to submittal. Note: Plans are to be submitted to Zoning for review by appointment only starting from the 8th through the 30th of each month. Zoning will not be accepting plans on the first seven days of the month. 5. After obtaining signatures from the above departments, two (2) 11x 17" and one (1) 8 '/2 x 11" copies of the original plan. 6. At least two photographs that show the entire property (land and improvements). 7. 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. 8. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 9. Affidavit and disclosure of ownership of the subject property (see pages 5 and 6). 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). Rev. 04-15-05 2 o 11. What is the acreage of the project/property site? 12. What is the purpose of this application/nature of proposed use? Approx 1.76 acres Mixed -Use project 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. NO 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. NO 15. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so old d) For non-profit organizations only: A list of Board of Directors less than one (1) year 16. In support of the application, please supply the following evidence, on the point enumerated in Sec 1903 of the Miami Zoning Ordinance. Note: This application will not be accepted for Zoning Board action unless all items are complete. 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: Due to the configuration of the property and the request by Planning for a fully lined parking garage it becomes necessary to reduce the setbacks in certain areas in order to accommodate the requisite liner uses. (b) The special conditions and circumstances do not result from actions of the petitioner in that: her a The special circumstances are not the resultimportant to applicant note that thist parcelcfaces four streets on of the liner uses and shape of the lot. It is also p which also makes it peculiar. (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: Most other Tots do not face four streets and therefore do not require liner uses on all sides of the development as ours does. Other owners are able to accommodate a functional garage and liner uses. To require the applicant to provide the liner and meet the setback would create an undue hardship. al vilege that is (d) Granting the Variance requested will not landsonfer �buildings, n the tioner that or structureseine the (same zoning denied by the Zoning Ordinance to 0 district in that: Granting this variance would not create a special privilege for the Applicant but rather would allow applicant to provide liner program on all sides and create an overall project for all to enjoy. Rev. 04-15-05 3 • • • (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 Varaiance is the minimum necessary to make reasonable use of the land as is intended. (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 :n that: The Variance will be in harmony with the general intent and purpose of the Zoning Ordinance. 17. All documents, reports, studies, exhibits (8 '/z x11") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 18. Cost of processing according to Section 62-156 of the Miami 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 45.00 ordinance, per lineal foot $ $ 75.00 Minimum 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 $ 0 $ 650.00 Minimum 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: $ 250.00 CS, PR, R-1, R-2 $ 450.00 All other residential districts $ 550.00 All nonresidential districts $ 500.00 Extension of time for Variance Public hearing and public meeting mail notice fees, $ 3.50 including cost of handling and mailing per notice Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars (800.00), except from agencies ofththeap plicant or fromaproperty such surcharge to eownerdw�hin five to the applicant if there is no appeal by hundred (500) feet of the subject property. Signature `�Address 1221 Wicket! Avenue ` Miami, Florida 33131 Name e` Javier F. Avirio Telephone 305-579-0703 Date November 7, 2005 E-mail Address Rev. 04-15-05 avinoj gtlaw.com 4 • • STATE OF FLORIDA COUNTY OF M1AMl-©A©E day of egoing was acknowledged before me this by Javier F. Avinindividual/partner/agent/corporation of o who is a(n) Bird Ventures LLC a(n) individuailpartnershiplcorporation. He/She is personally known to me or who has produced as identification and who did (did not) to f E (Stamp) e an oa Signature Rev. 04-15-05 5 e • • HEARING BOARDS 444 SW 2 Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com PUBLIC HEARING APPLICATION FOR A VARIANCE Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us 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 COLERKCPRIOR TOE ENGAGING INl LOBBYING ES ACTIVITIESREGISTER AS A LOBBYIST WITH THE ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE OCATED AT 3500 IPANLE IN THE AMERICANOFFICE DRIVE, OF MIAME CITY CLERK (MIAMI CITY HALL), FLORIDA, 33133. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The responses to this application must be typed and must be signed in black ink. The deadline to file the complete application, along with pertinent documents, is the first five working days (1-5) of each month --unless extended because of a holiday ---from 8:00 am until 3:00 pm. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Please note that the cashier on the 4th floor will close at 4:00 pm; therefore, a paid receipt must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed 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 fee to record Zoning Board resolutions will be charged and it is determined contingent upon fees charged at the time of recordation. Go to the Miami -Dade County Recorder's Office at 22 NW First Street, First Floor, and ask for a certified copy. Please have the original recorded document mailed to the address above and bring the certified copy to our office. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 04-15-05 • • 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 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, Javier F. Avino on behalf of H & H Development, Co., contract purchaser and Bird Ventures, LLC, owner , hereby apply to the Miami Zoning Board for approval of a Variance at the property located at approx. 3760 Bird Road folio number 01-4120-001-0010 1. The property/location listed does not have any open code enforcement/lien violations. 2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 3. One (1) original 24x36" plan, 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. 4. Plan needs to be stamped by Hearing Boards first and then signed by a) Public Works on the 8th g Floor, b) Zoning on the 4th Floor and c) Planning on the 3r Floor, prior to submittal. Note: Plans are to be submitted to Zoning for review by appointment only starting from the 8th through the 30th of each month. Zoning will not be accepting plans on the first seven days of the month. 5. After obtaining signatures from the above departments, two (2) 11 x 17" and one (1) 8 '/z x 11" copies of the original plan. 6. At least two photographs that show the entire property (land and improvements). 7. 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. 8. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 9. Affidavit and disclosure of ownership of the subject property (see pages 5 and 6). 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). Rev. 04-15-05 2 11. What is the acreage of the project/property site? Approx 1.76 acres • • 12. What is the purpose of this application/nature of proposed use? Mixed -Use Project 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3`d Floor for information. NO 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. NO 15. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 16. In support of the application, please supply the following evidence, on the point enumerated in Sec 1903 of the Miami Zoning Ordinance. Note: This application will not be accepted for Zoning Board action unless all items are complete. 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: Due to the configuration of the property and the request by Planning for a fully lined parking garage it becomes impossible to provide the required open space on the ground floor of the site. (b) The special conditions and circumstances do not result from actions of the petitioner in that: The special circumstances are not the result of the applicant but rather a combination of the requested liner program and shape of the lot along four streets. (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: Most other lots do not face four streets and therefore do not require liner uses on all sides of the development as ours does. Other owners are able to accommodate a functional garage and liner uses while still providing the required open space on ground floor. To require the applicant to provide the liner and meet the open space would create an undue hardship. (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: Granting this variance would not create a special privilege for the Applicant but rather would allow applicant to provide liner program on all sides and create an overall project for all to enjoy. (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: Rev. 04-15-05 3 • • The Varaiance is the minimum necessary to make reasonable use of the land as is intended. (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 Variance will be in harmony with the general intent and purpose of the Zoning Ordinance. 17. All documents, reports, studies, exhibits (8 % x11 ") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 18. Cost of processing according to Section 62-156 of the Miami City Code: CS, PR, R-1, R-2, (single-family and duplex residential uses) Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot Minimum 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 0 Ordinance, as amended $ $ 650.10 Minimum 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 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 (500) feet of the subject property. Signature / Name Javier-F. Avino Address Telephone 305-579-0703 Date E-mail Address avinoi ar'3,gtlaw.com $ 250.00 $ 45.00 $ 700.00 $ 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 1221 Brickell Avenue Miami, Florida 33131 November 7, 2005 STATE OF FLORIDA Rev. O4-15-05 4 COUNTY OF MIAMI-DADE • • The foregoing was acknowledged before me this day of 20 (25', by Javier F. Avino who is a(n) individual/partner/agent/corporation of Bird Ventures, LLC a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did a eanoath. (Stamp) Signature Rev. 04-15-05 5 • • • HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com PUBLIC HEARING APPLICATION FOR A VARIANCE Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us 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. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The responses to this application must be typed and must be signed in black ink. The deadline to file the complete application, along with pertinent documents, is the first five working days (1-5) of each month —unless extended because of a holiday —from 8:00 am until 3:00 pm. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Please note that the cashier on the 4th floor will close at 4:00 pm; therefore, a paid receipt must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed 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 fee to record Zoning Board resolutions will be charged and it is determined contingent upon fees charged at the time of recordation. Go to the Miami -Dade County Recorder's Office at 22 NW First Street, First Floor, and ask for a certified copy. Please have the original recorded document mailed to the address above and bring the certified copy to our office. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev.04-15-05 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 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, Javier F. Avino on behalf of Bird Ventures, LLC hereby apply to the Miami Zoning Board for approval of a Variance at the property located at. approx. 3760 Bird Road folio number 01-4120-001-0010 . The property/location listed does not have any open code enforcement/lien violations. 2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 3. One (1) original 24x36" plan, 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. i 4. Plan needs to be stamped by Hearing Boards first and then signed by a) Public Works on the 8h Floor, b) Zoning on the 4`h Floor and c) Planning on the 3`d Floor, prior to submittal. Note: Plans are to be submitted to Zoning for review by appointment only starting from the 8th through the 30th of each month. Zoning will not be accepting plans on the first seven days of the month. 5. After obtaining signatures from the above departments, two (2) 11 x 17" and one (1) 8 "/� x 11" copies of the original plan. 6. At least two photographs that show the entire property (land and improvements). 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. 8. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 9. Affidavit and disclosure of ownership of the subject property (see pages 5 and 6). 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). Rev. 04-16-05 2 11. What is the acreage of the project/property site? Approx 1.76 acres 12. What is the purpose of this application/nature of proposed use? Mixed -Use Project 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information, NO 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. NO 15. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 16. In support of the application, please supply the following evidence, on the point enumerated in Sec 1903 of the Miami Zoning Ordinance, Note: This application will not be accepted for Zoning Board action unless all items are complete. 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: Due to the configuration of the property and the request by Planning for a fully lined parking garage it becomes necessary to reduce the setbacks in certain areas in order to accommodate the requisite liner uses. In doing so, the it becomes impractical to provide the requisite 45 degree angle at 120 feet. (b) The special conditions and circumstances do not result from actions of the petitioner in that: The special circumstances are not the result of the applicant but rather a combination of the liner uses and shape of the lot. It is also important to note that this parcel faces four streets which also makes it peculiar. (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: Most other lots do not face four streets and therefore do not require liner uses on all sides of the development as ours does. Other owners are able to accommodate a functional garage and liner uses. To require the applicant to provide the liner and meet the height setback would create an undue hardship. (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: Granting this variance would not create a special privilege for the Applicant but rather would allow applicant to provide liner program on all sides and create an overall project for all to enjoy. Rev. 04-15-05 3 • • (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 Varaiance is the minimum necessary to make reasonable use of the land as is intended. (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 Variance will be in harmony with the general intent and purpose of the Zoning Ordinance. 17. All documents, reports, studies, exhibits (8 1/z x11) or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 18. Cost of processing according to Section 62-156 of the Miami City Code: CS, PR, R-1, R-2, (single-family and duplex residential uses) Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot Minimum $ 250.00 $ 45.00 $ 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 .,- F Address 1221 Brickell Avenue Name Javier F. Avino Miami, Florida 33131 Telephone 305-579-0703 Date November 7, 2005 E-mail Address avinoiaa gtlaw.com Rev. D4-15-05 4 • • STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 0 , by Javier F. Avino who is a(n) Bird Ventures, LLC a(n) individual/p personally _known to me or who has produced (did not) take an oath. (Stamp) A y PUBLX STATEFOR A ._,. _ .. No, DE)]4 2 day of individual/partner/agent/corporation of artnership/corporation. He/She is as identification and who_ did Rev. 04-15-05 5 AFFIDAVIT Before me, the undersigned, this day personally appeared Javier F. Avino , 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 his/her 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 foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 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. Javier F. Avino Applicant Name Appliont Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 ,:.,"":21,9 , by Javier F. Avino 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 wh. • . (did not) take -in —OW &BAR W ��`� ; /,-Q (Stamp) :351 ,3 faDl:. ' 2 i nature Rev. 04-15-05 ..�-, 5 CONTRACT PURCHASER DISCLOSURE OF OWNERSHIP • • 3. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations. beneficiaries of trusts, and/or any other interested parties; together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Bird Road, LLC Subject Property Address(es) approx. 3760 Bird Road (See attached Exhibit "A") Telephone Number 305- 740-0819 E-mail Address Bird Road, LLC is owned by: Bird Road Holdings which is owned by Harvey Hernandez 100% 4. Street address(es) and legal description(s) 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, if applicable. Street Address Legal Description None Javier F. Avino Owner or Attorney Name ---Owns or Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing was acknowledged before me this / day of I( 20 ( , by Javier F. Avino 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) r1ARISOL R Y PUBLIC CONI M ISSION COMMISSIONCOTIAMISSION EX R Signature Rev. 04-15-05 • DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Bird Ventures, LLC Subject Property Address(es) approx. 3760 Bird Road (See attached Exhibit "A") Telephone Number 305- 740-0819 E-mail Address See attached Exhibit "B" 2. Street address(es) and legal description(s) 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, if applicable. Street Address Legal Description None Javier F. Avino Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE - ?wner or Attorney Signature The foregoing was acknowledged before me this day of 20 l25 , by Javier F. Avino 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. 3 " (Stamp) L RSignature Rev. 04-15-05 6 PROPERTY ADDRESS: 3760 S.W. 40th, STREET, MIAMI, FLORIDA 33146 LEGAL DESCRIPTION: LOT 18 LESS THE EAST 10.00 FEET, LOT 21, AND LOT 24, LESS THE SOUTH 10.00 FEET ALL N BLOCK 10 OF REALTY SECURITIES CORPORATION'S FLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, AT PAGE 85, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORI DA. AND TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45 AT PAGE 67, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE EAST 5.00 FEET, LESS THE SOUTH 5.00 FEET, LESS THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO NORTHWEST AND TANGENT TO THE WEST LINE OF THE EAST 5,00 FEET OF SAID TRACT A AND TANGENT TO THE NORTH LINE OF THE SOUTH 5.00 FEET OF SAID TRACT A. LESS THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO THE SOUTHWEST, TANGENT TO THE WEST LINE OF THE EAST 5.00 FEET OF SAID TRACT A AND TANGENT TO NORTH LINE OF SAID TRACT A AND LESS THE FOLLOWING DESCRIBED PARCEL. COMMENCE AT THE POINT OF INTERSECTION OF THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAD TRACT A AND THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID TRACT A; THENCE S 307'34" E ALONE SAID NORTHERLY PROLOTION FOR 25.42 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE -S 3°0734E ALONG THE WEST LINE OF SAID TRACT A FOR 196.91 FEET; THENCE N 87'4524" E FOR 5.00 FEET THENCE S 3°07'34' W FOR 30.65 FEET TO A POINT OF CURVATURE OF A CURVE ,fltCONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY FOR 38.88 FEET . ALONG THE ARC OF SAID .CURVE THROUGH A CENTRAL ANGLE OF 89°0702" TO A POINT OF CUSP; THENCE - N38°1751" W FOR 30.58 FEET THENCE N 3°07'34" W FOR 249.00 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY FOR 25.60 FEET THROUGH A CENTRAL ANGLE OF 58'40'04" TO THE POINT OF BEGINNING. Bird Ventures, LLC Hector Mata & Nancy Mata Alfonso Ramos & Aida Rarnos Joanli Family Limited Partnership Jorge Guerra & Rosa Guerra Rolando Iglesias & Hilda Iglesias Thirteen Birds; LLC EXHIBIT "B" 100 % 12.5 % 12.5 % 25 % 12.5 % 12.5 % 25 % Thirteen Birds, LLC Eduardo J. Garcia , Jr. & Avadelys Garda Rolando Delgado, Jr, & Julissa Caso Delgado Frank Torres & Jacqueline Torres Carlos Vallejo Juan T. O'Naghten & Mariana O'Naghten Hector Mata & Nancy Mata Joanly Family Limited Partnership Jorge Guerra & Rosa Guerra Rolando Iglesias & Hilda Iglesias 100 % 31.661 % 31.661 % 10,020 % 12,5 % 4.170 % 2.496 % 2.496 % 2.496 % 2.496 %