HomeMy WebLinkAboutVariance Application & Supporting DocsHEARING 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 deadline to file the complete application with supporting documents is the first five working
days (1-5) of each month from 8:00 am until 3:00 pm. The responses to this application must
be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami
Zoning Ordinance, no application shall be deemed to have been filed unless and until the
applications shall have been completed. All pertinent and accurate information/documentation;
i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid
receipt. The applicant is responsible for the accuracy of the information contained in the
application and all supporting materials. If you like, you could bring the materials to our office for
staff review before the deadline to ensure the application is complete. 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 --wit ou
plans review and written comments from Zoning.
Rev. 01-06-06
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, Simon Ferro, on behalf of Little Havana Associates, LLC, contract purchaser and
Amefra Corporation and New Reber Corporation, owner, hereby apply to the Miami Zoning
Board for approval of a Variance at the property located approximately at 45 SW 8 Avenue, 735
SW 1st Street, 727 SW 1st Street, 717 SW 1st Street, 715 SW 1 Street, 702 W. Flagler Street and
720 W. Flag ler Street, folio numbers 01-0201-040-1110, 01-0201-040-1140, 01-0201-040-
1150, 01-0201-040-1160, 01-0201-040-1170. 01-0201-040-1010 and 01-0201-040-1020 .
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 1/2 x 11"
copies of the original plan, including the survey.
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. 01-06-06
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. What is the acreage of the project/property site? Approx_ 2.08 Acres
12. What is the purpose of this application/nature of proposed use? Mixed Use Development
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.
14. Is the property within the boundaries of an Environmental Preservation District? 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. 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:
In order to line the parking garage, in keeping with good urban planning it becomes
necessary to bring the structure for the first 5 floors to the setback line. Please note that the
variance requested is only for the parking structure and not the towers above.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
The Planning department has requested that the garage be lined to screen it from public
view. In order to meet this condition and create a functional parking garage it becomes
necessary to seek the 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:
Literal interpretation of the Code would create undue hardship on the applicant in that in
order to line the garage and create a functional garage would be impossible.
(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 confer on the petitioner any special privileges.
(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. Again, it is is only for the first 5 floors of the structure.
Rev. 01-06-06
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(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:
Granting this Variance is in harmony with the general intent and purpose of the Zoning
Ordinance.
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.
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
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
$ 250.00
$ 450.00
$ 550.00
$ 500.00
$ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars
(800.00), except fro ces of the City; such surcharge to be refunded to the
applicant if there is o appeal • he applicant or from a property owner within five
hundred (500) feet- subject prop- y.
Signature
Name
Telephone
S4 Imp() Ferro
Address t CLD-0
OCoLIy Date Co
E-mail Address iroS E-TZ "''1
Rev. 01-06-06
4
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of_,'C_ =
20 ' , by r / ; , -1 uj 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.
(Stamp)
?FFI !Al. NOTARY SEAL.
MARISOL R GONZALr Z i
NOTARY PUBLIC STATF OF FLORIDA i
CvMM.SSION NO. D'-Di4S 82 1
.NvCOMMISSION E`r: 5EP'' „too I
Rev. 01-06-06
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