HomeMy WebLinkAboutApplication & Supporting Docsr I#S 4R PER
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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. 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).
I, Ben Fernandez, Esq. on behalf of Milebella Investments, LLC, hereby apply to the Miami
Zoning Board for approval of a Variance at the property located at 630 NE 62 Street, Miami, FL.
folio number 01-3218-039-0030.
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 3rd Floor, prior to submittal. Note:
Plans are to be submitted to Zoning for review by appointment only starting from the 8th through
the 30°' 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 1/2 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. 08-08-05
2
11, What is the acreage of the project/property site? 0.17 acres
12, What is the purpose of this application/nature of proposed use? To permit a residential low-rise
building.
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 3'd 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: The property abuts land that has been approved for residential
development that provides a 25 foot setback from the shared property line.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
The project to the north was previously approved and provides a generous setback from the
north property line and the proposed Lemon Lofts building.
(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: Other similarly situated buildings in the area are spaces less than 25 feet from each
other.
(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: The proposed variances provide adequate setbacks between the Milebelia
project and Lemon Lofts.
(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 property is onit 7,800 square feet and the
project is not feasible without the variances.
(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: Proposed development is consistent with other projects in the
immediate area.
Rev. 08-08-05
3
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
Minimurn $ 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 th'subjet property.
Signature
Name Ben Fernandez, Esq. k,
Telephone 305-377-6235
Address 200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
Date November f , 2005
E-mail Address BFernandez@brzoninglaw.com
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of November 2005, by Ben
Fernandez, Esq. who is a partner of Bercow & Radell: PA/la pnerhip1 He is personally
known to me and who did not take an oath.
(Stamp)
Rev. o8-fl8
BETTY .i ERENA
MY coMM ass}Or 0 OD C05957
AXP;;-IES, F=2rAllEW 27, 2
4
Sigratu
AFFIDAVIT
Before me, the undersigned, this day personally appeared Ben Fernandez, Esq.,
who being by me first deposes and says:
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
❑ 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.
Ben Fernandez, Esq.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
{44
a �
Applicant Signature
The foregoing was acknowledged before me this ' day Hof November
2005, by Ben Fernandez, Esq. who is a partner of Bercow :: Rad -11 .-� a/partnership.
He is personally known to me and who did not take an oath
(Stamp) _. _ Signat a
C OM I S O 7 095997
EXPIRES_ FsOru y.27 2 06
Rev, 08-08-O5$�
DISCLOSURE OF OWNERSHIP
List the owner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of all parties having a financial interest, either
direct or indirect, with respect to a presentation, request or petition. Accordingly,
disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their address(es) and proportionate interest are
required. Please supply additional lists, if applicable.
Owner's Name(es) Milebella Investments, LLC (100 % Steve Perricone)
Subject Property Address(es) 630 NE 62nd Street. Miami, FL
Telephone Number 305-377-6235
E-mail Address BFernandez(brzoninglaw.com
2. Street address(es) and legal description(s) of any property:
a) Owned by any party listed in answer to question #1; and
b) Located within 500 feet of the subject property.
Please supply additional lists, if applicable.
Street Address Legal Description
6101 Biscayne Blvd.
6125 Biscayne Blvd.
Ben Fernandez, Esq.
Owner or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Exhibit B
Exhibit B
Owner or Attorney Signa
q
The foregoing was acknowledged before me this day of November
2005, by Ben Fernandez, Esq. who is a partner of Bercor Rader PA a partnership.
He is personally known to me and who did not take an oat
(Stamp)
LLEEign ure
NA
ss$,rN r9:5w
Rev. 08-08-05
6
Exhibit A
Address: 630 NE 62" Street
Folio Nut ber:01-3218-0 39-0030
Lots 3 and 4. Block 1, KNIGHT'S ADDITION TO LEMON CITY, according to the Plat
thereof, as recorded in Plat Book "A", Page 26, of the Public Records of Miami -Dade
County, Florida.
OR Bko 22700 PG 144-3
LAST PAGE
LEGAL DESCRIPTION
Lot 1 less the West 20 Ft. of Block 1 of KNIGHT ADDITION TO LEMON CITY, according to the Plat thereof,
as recorded in Plat Book "A" at Page 26 of the Public Records of Dade County, Florida,
and
Lot 67 less the West 30 Ft. and Lot 68 less the South 4 Ft. of the East 11 Ft. thereof of WHI 1ES ADDITION TO
LEMON CITY, according to the Plat thereof as recorded in Plat Book B at Page 32 of the Public Records of
Dade County, Florida.
Less
A portion of Lots 67 and 68, WHITES LEMON CITY, according to the plat thereof as recorded in Plat Book
"B", Page 32 of the Public Records of Miami -Dade County, Florida, lying in the Southeast one -quarter (S. E.
1/4) of Section 18, Township 53 South, Range 42 East, Miami -Dade County, Florida, being more particularly
described as follows:
BEGIN at the point of intersection of the South line of said Lot 67 and the East right-of-way line of State Road
No. 5 (Biscayne Boulevard/US No. 1) as shown on Sheet 10 of 13 of the Florida Department of Transportation
Right -of -Way Maps for Section 87030, Financial Project No. 2502241 as approved on June 30, 2000, and filed
for Records at the Office of Right of Way Surveying and Mapping of the State of Florida Department of
Transportation -District Six; thence North 02E21'31" West, along the East right-of-way line of said State Road 5,
for 7.548 meters (24.76 feet), to a point of cusp of a tangent circular curve, concave to the Northeast, having a
radius of 7.600 meters (24.93 feet) ; thence from a tangent bearing of South 02E21'31" East, Southeasterly along
said curve to the left, through a central angle of 89E36'20", for an arc length of 11.866 meters (39.00 feet), to a
point of Intersection with the South line of said Lot 68; thence South 88E02'09" West, along the South line of
said Lots 68 and 67, for 7.548 meters (24.76 feet) to the POINT OF BEGINNING,
Containing an area of 12.2 square meters (131 square feet), more or less.
TOGETHER WITH:
A portion of Lot 1, Block 1, KNIGHTS ADDITION TO LEMON CITY, according to the plat thereof as recorded
in Plat Book "A", Page 26 of the Public Records of Miami8-Dade County, Florida, lying in the Northeast one -
quarter (N.E. 1/4) of Section 18, Township 53 South, Range 42 East, .Miami -Dade County, Florida, being rnore
particularly described as follows:
BEGIN at the point of intersection of the North line of said Lot 1 with the East right-of-way line of State Road
No. 5 (Biscayne Boulevard/US No. 1) as shown on Sheet 10 of 13 of the Florida Department of Transportation
Right -of -Way Maps for Section 87030, Financial Project No. 2502241, as approved on June 30, 2000, and filed
for Records at the Office of Right of Way Surveying and Mapping of the State of Florida Department of
Transportation -District Six; thence North 87E56'04" East, along the North line of said Lot 1, for 4.301 meters
(14.11 feet) to a point of Intersection of a non -tangent circular curve, concave to the Southeast, having a radius of
7.600 meters (24.93 feet); thence from a tangent bearing of South 66E43'15" West, Southwesterly along said
curve to the left, through a central angle of 46E27'14", fo ran arc length of 6.162 meters (20.22 feet) to a point of
non -tangent intersectionwith the East right-of-way line of said State Road 5; thence North 02E21'31" West,
along said East right-of-way line for 4.197 meters (13.77 feet) to the POINT OF BEGINNING,
File Number: 04-082 DoubleTime'
Book227001Page1443 CFN#20040862644
Page 3 of 3
I certify from the records of this office that M[LEBELLA
INVESTMENTS, LLC is a limited liability company organized under
the laws of the State of Florida, filed on August 26, 2004, effective
August 25, 2004.
The document number of this limited liability company is
L04000063129.
further certify that said corporation has paid all fees due this office
through December 31, 2005, that its most recent annual report was filed
on May 20, 2005, and its status is active.
1 further certify that said limited liability company has not filed Articles
of Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the
Seventh day of October, 2005
"Acd
Secretary of State
Authentication 11?: 100060351241-100705-L04000063129
To authenticate this certificate;visit the following site, enter this
II), and then follow the instructions displayed.
www.sunbiz.org/auth.htmi
111111111111111111111111111111111111111111111
Prepared by and return to:
John D. Segaul, Esq.
Segaul & Stoll, P.A.
8751 W. Broward Blvd. Suite 404
Plantation, FL 33324
954-424-3600
File Number: 04-0456
Will Call No..
C:FrN 20 0 5R034-344-9
OR Bk 23245 Fss 3076 - 077t (2pgs)
RECORDED 04(07/2005 09:53:20
DEED DOC TAX 1 r 8000.000
SURTAX 1'350.00
HARVEY RUVIH! CLERK OF COURT
41IAC1I--DADE COUNTY? FLORID
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this i 4- day of l" o,A.C.L. , 2005 between Florvest, L.L.C., a Florida
Limited Liability Company whose post office address is 1601 79th Street Causeway, North Bay Village, FL 33141,
grantor, and Milebella Investments, LLC, a Florida limited liability company whose post office address is 1000 Brickell
Avenue, Suite 710, Miami, FL 33131, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this 'instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Miami -Dade County, .Florida to -wit:
Lots 3 and 4, Block 1, KNIGHT'S ADDITION 3'O LEMON CITY, according to the Plat thereof, as
recorded in Plat Book "A", Page 26, of the Public Records of Miami -Dade County, Florida.
Parcel Identification Number: 01-3218-039-0030
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and Lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2004.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubleTlmee
Book23245iPage3076 CFN#20050343449 Page 1 of 2
OR. BK 23245 PG 307.E
LAST PAGE
Signed, sealed and delivered in our presence:
Fiorvest, L.L,C., a Florida Limited Liability Company
By:
Frederic Puren, Managing Member
(Corporate Seal)
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged before me this .2 day of February, 2005 by Frederic Puren, Managing
Member of Florvest, L L,C., a Florida Limited Liability Company, on behalf of the corporation. He [ ] is personally known
to me or [X] has produced a driver's license as identification.
[Notary Seal]
GRACE P. PERE
MY COMMISSION DD 026662
EXPIRES: May 16, 2005
9andodThnh Way Put k Undenrriem
Warra»ty Deed - Page 2
Notary Public
Printed Name:
e r G c.e ere
My Commission Expires:
Double/if-nee
Book23245IPage3077 CFN#20050343449
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