HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miamiqov.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. 08-08-05
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).
Octavio Vidal
hereby apply to the Miami Zoning Board for approval of a Variance at the property located at
238 NW 63 ST., MIAMI, FLA. 33150
folio number 01-31 1 3-028-01 30
The property/location listed does not have any open code enforcement/lien violations.
NO
2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6)
months from the date of application.
YES
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.
YES
4. Plan needs to be stamped by Hearing Boards first and then signed by a) Public Works on the 8t"
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 by appointment only starting from the 8th through
the 30t" 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) 1 1 x 17" and one (1) 8 1/2 x 11"
copies of the original plan.
YES
6. At least two photographs that show the entire property (land and improvements).
YES
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.
YES
8. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A".
YES
9. Affidavit and disclosure of ownership of the subject property (see pages 5 and 6).
YES
10. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8).
YES
Rev. 08-08-05 2
11. What is the acreage of the project/property site? 0. 1 3 ACRES
12. What is the purpose of this application/nature of proposed use? Requesting Existing sides
setback from 10' to 5' on both sides, because the Lot is 40' wide.
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 3r° 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 ir-ATtbat: Lot is 40' wide. 10' extra are necessary
Building Design.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
When current owner took possession of said property, circumstances
already existed and were not the result of property owner's actions.
(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
inthat: Surrounding Property owners have had similar situations.
(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: This does not confer special privilege, as it is some-
thing that has been granted to other property owners in the same
situation.
(e) The Variance, if granted, is the minimum Variance that will make possible the reasonable
use of the land, building or structure in that: This is the minimum variance
needed to allow use of the Land.
(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 granting of this Variance is in harmony
with the general intent of the neighborhood.
17. 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.
Rev. 08-08-05 3
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
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 fr gencies of the City; such surcharge to be refunded to the
applicant if there is o peal by the applicant or from a property owner within five
hundred (50,) el c#f t bject property.
Signature Address �--t
Name aif, c.,f
Telephone 7 " -3 ‘ /l e'
Date 77,/C) 5—
E-mail Address
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was ack owled 9d e me this day of
20 , by i' 'uc2
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,1
DAMARYS HIDALGO
Notary Pubic - Stole of Fiord°
• in A?Cornrnissan 5 J329, 2tO
Commission # DC.A2311
v Naflorx, Notary Assn.
4
,,ign?ture-`
i
AFFIDAVIT
Before me, the undersigned, this day personally appeared
OCTAVIO VIDAL , who being by me first deposes and says:
t . 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, ❑ 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.
9C.:Fq to': 4
a0.
Applicant Name
ork f CCK4 si ftx-
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signature
The foregoing was acknowledged before me this
200 ,by F C-`
who is a(n) individual/partner/agent/corporation of 'PA?f ` Ida6 - r „
a(n) individual/partnership/corporation. He/She is personally known to me or who
has produced as identification and who did ( d-riot}iakeman oath.
(Stamp)
Signature
day of.
Rev. 08-08-05 5
AFFIDAVIT
BE IT ACKNOWLEDGED, that OCTAVIO VIDAL of MIAMI, FLORIDA, the
undersigned deponent, being of legal age, does hereby depose and
say under oath as follows:
The ownership of Pathfinder Construction, LLC at the present
date is: Leopoldo Ron Thirty three point thirty three percent
(33.33%), Octavio Vidal Thirty three point thirty three percent
(33.33%) and Ronaldol Hauser Thirty three point thirty three
percent (33.33%)
And I affirm that the foregoing is true except as to
statements made upon information and belief, and as to those I
believe them to be true.
Witnesa my hand under the penalties of perjury this 7th day
f
of September;,, 2005
Signature of Witness
On September 7, 2005 before me,
personally appeared
, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
Affiant
Type of ID
Known Produced ID
amine
Commisigs
msjimary
(Seal)
DISCLOSURE OF OWNERSHIP
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) fPcx, '1 F\--‘J,e f cmS '44 3 4 L C
Subject Property Address(es) 23 g t w G 3c�-,
33033
Telephone Number 7 8 - 3 0 4"- l/ C
E-mail Address VvW fO
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
a+zt v . i..) 3 Cl.
Owner or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
Ownef or Attorney Signature
The foregoing was acknowledged before me this
20 °` ,by,€,F
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.
r� �F
day of
(Stamp)
Signature
jrc
Rev. 08-08-05 6
Tax Deed File Number 97-1469
Property Identification No. 01-3113-028-0130
TAX DEED
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Tax Sale Certificate Number 88-29679 issued on
June 01, 1989 , and the application for the
issuance of a tax deed was filed in the office of
the Miami -Dade County Tax Collector. The applicant
having paid or redeemed all other taxes or tax sales
certificates on the property described below, and due
notice of sale having been published, and no person
entitled to do so having appeared to redeem said land,
such land was sold for cash
whose address
to:
is:
Pathfinder Construction LLC
P.O. BOX 416100
Miami Beach Fl. 33141
CFN 2004-R0263388
DR fuk 22213 P9 4341. r Ups)
RECORDED 04/14/2004 16:05:05
DEED DOC TAX 66.60
SURTAX 49.95
HARVEY RUVINr CLERK OF COURT
IMIAi1I-DADE CGUNTY► FLORIDA
LAST PAGE
after &ding the property to the List of Lands Available l able for 'ems than
zzargoacticangeormoctosstercomt the public sale held on July 15, 1998,
and who has paid the sum of his bid as required by the laws of this state.
NOW, on April 09, 2004 the County of Miami -Dade, State
of Florida, in consideration of the sum of ( $11,014.30) FIEVENUMAND
ICURIMT =MD AND 301100 dollars
does hereby sell the following lands, including any hereditaments, buildings,
fixtures and improvements of any kind and description, situated Miami -Dade
County, Florida, and described as follows:
E40FT OF LOT 5 BLK 2 NORTH COLLEGE TR PE 4-169
W nessed b .
Ter
JACQUE
ORE ME,
hirley Shabazz,
lorida, who is
this instrument
BY:
LOT SIZE
HARVEY RUV1N
Clerk of Circuit Court
i-D J.e Cowl , , F. orida
40 X 142
ooa prF n'r+
the undersigned notary public, personally appeared
Deputy Clerk of the Circuit Court in and for Miami -Dade County,
personally known to me and who acknowledged the execution of
to be his own free act and deed for the use and purposes
therein mentioned.
SWORN TO AND SUBSCRIBED BEFORE ME ON April 09, 2004
ELIZABETH LE SUEUR
MY COMMISSION # DD 240505
EXPIRES: August 11, 2007
NrooThrointryNacundelmftims
Notary P
THIS DEED IS SUBJECT TO GOVERNMENTAL TAXES
AND LIENS, AND TO ANY RIGHT, INTEREST, PUBLIC
EASEMENTS, RESTRICTIONS, AND COVENANTS THAT
MAY SURVIVE THE ISSUANCE OF THIS TAX DEED IN
ACCORDANCE WITH APPLICABLE LAW
tdrpt07 12/02
State of Florida, At Large
This instrument prepared by
Laurette Jaxp s
Deputy Clerk of Circuit Court
Miami -Dade County, Florida
Book22213/Page4341
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