HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2" d Avenue, 7rh 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 al,u a!u 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 -Moe ucunty 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. 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).
ANGELINA GONZALEZ
hereby apply to the Miami Zoning Board for approval of a Variance at the property located at
5851 S_W_ 5 ctreQt Miami, FL_ 33144
folio number 01 4001 -01 7-0771
The property/location listed does not have any open code enforcement/lien violations.
A: NO
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`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) 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 2
11. What is the acreage of the project/property site?
.08328
12. What is the purpose of this application/nature of proposed use? Residential
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. A: NO
14. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. A • 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:A: The addition was done many years ago and
by my husband and i had no knowledge that it did not have
enough set backs.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
A: I was not aware at the time of build that this did not
meet city requirements.
(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: A: The neighbors do not have any objection with the
construction of addition as is.
(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: A: I am not doing anything out of the ordinary or
special the addition exist since ten years ago.
(e) The Variance, if granted, is the minimum Variance that will make possible the reasonable
use of the land, building or structure in that: A: No other land will be taken,
all that I am trying to do is legalizing the addition that
i have on my propperty.
(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:
A: Is not encroaching into anyones propperty.
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. 01-06-06 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 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.
Name
Telephone
Angelina C;`nnza l e7.
305-247-9942
Address 5853 S.W. 5 street
Miami, FLA. 33144
Date 04/05/06
E-mail Address
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Tb foregoing was acknowledged before me this day of
20 by ; c' . / t a (1.:elo z
who is a(n) infhtidt partner/agent/corporation of
a(n)
individual/partnership/corporation, He/She is per ally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Rev. 01-06-06
DENA M. ME8S,
:.�uOMMIMON 4 G'o 22976P
tRES
.July 7, 2007
Undsnx;i�ers
4
ac,,rit '
AFFIDAVIT
Before me, the undersigned, this day personally appeared
Angelina Gonzalez , 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 say eth not.
Angelina Gonzalez
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The,I+6 foregoing was acknowledged befor , me this F day of
r�
/0 i , by nc :( f/ v) q �-6,272 c .,.,'
who is a(n) individual/partner/agent/corporation of
a(n) individualipartnership/corporation. He/She is poly known to me or who
has produced r 'cation and who did (did not) take an oath.
(Stamp)
Rev. 01-06-06
DENIA . M S
DMM SS ON
XPIRES: July 7, 2007
'Qtsry Pb Ur1d e
fis
,a
e
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) Angel ; r Gonzalez
Subject Property Address(es) 5853 S.W. street MIAMI, FLA. 33144
Telephone Number 305-247-9942
E-mail Address
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
5853 S.W 5 street
Miami, FLA, 33144
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
LOT 21__ LOCK 5 SECOND
ADDITION TO WESTLAND CORR
PLAT ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT
BOOK 9 AT PAGE 3. OF THE , ,.
PUBLIC RECD OF MIA NI DADE.
Owner or Attorney Sigture
The foregoing was acknowledged before me this __ day of
20 , by A j i ' a, 60v' .. .
who is a(n) individual/p rtneriagenticorporation of
a(n) individual/partnership/corporation. He/She is persoinalf(known to me or who
has produced as identification and who did (did not) take an oath.
(Stamp)
it MA ,_,SSA
MY COMMISSION # 00 229766
EXPIRES: July 7, 2007
Rev. 01-06-06 6
5853
"Exhibit A"
S.W. 5 STREET MIAMI, FLA.33144
1 54 40 WESTLAWN CORRECTED PLAT
PB 9-3
LOT 21 & LOTS 22 & 23 BLOCK 5
SUBJECT TO:
WARRANTY DEED
INosv1D. To rtao,VIo
1983 MAY -9 PM 12 8 8 R I 18 3 5 I
(it”,.! I f 78 I. 1;'l 958
This Warranty Deed Hrrrre the
6th
dtty of M a y
OAMCO FORM oa
A. l7_ t t) 83 by
LUIS GARCIA MONCADA and MAYDA GARCIA, a/k/a MAYDA GARCIA
MONCADA, his wife,
hert•inafler rolled the (rarttor, to
ANGELINA GONZALEZ, A MARRIED WOMAN AND JUAN MIGUEL GONZALEZ, A
SINGLE MAN
U'irlOSe. p os toffo.e atlf ress is
hereinafter called the rr rantee :
(Whrrrc-er teed ttrrc•in tfit
the heir. le,, E rettrr.rnta
5853 S.W.
5th Street, Miami, Florida 33136
ntor' and nl.•cil " taixdr athe parties this irnn nmrnt and
e. an'i as,hot, ttl �ncti •tith.a is, and the .t,.-<etstn.s ana[ a,,i tt ns tt(tnrptratinn,l
1Ci[1itnesseth: Thal I/O' grantor. for and in consideration Of the semi of ` 10.00 trnri ofirr•r
t'u(riahle 'ftv
considerations. receipt lireof 1!i hert'Iry acknowledged. hereby grants, hargairis, sell.., aliert,v. re
rrri5Oft , rr'Irnsos. COD t,eys and con firms unto the grantee. al/ that certain hand sit(tnle in Dade
County, Florida, t'iz:
Lot 21, Block 5, WEST LAWN, according to the Plat
thereof, as recorded in Plat Book 9, at Page 3, of
the Public Records of Dade County, Florida.
Conditions, restrictions, limitations and easements
of record, if any.
1983 Taxes and Taxes for subsequent years.
Together with all the tenements, hereditamenis and appurtenances thereto belonging or itt arty-
ra,iSe apperl ailing.
To Rape and to Hold, the same in fee simple forester.
end the grantor hereby covenants with soar/ grantee that the grantor is lmdfully 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 o,ill defend the some against the lawful claims of
all persons u,homsoeoer; and that said land is free of all encumbrances, except taxes aecrttirtg subsequent
to Decemher 31. 19 82
lin witness
` first above urril
Signed
STATE OF
COUNTY OF
hereof, the said grantor has signed and sealed these presents the day and year
FLORI DA
DADE
our presence:
T i1T5 -OAl2CIA MN
MAC D
MONCADA
{
HEREBY CERTIFY that cars this day, before me, are officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared LUIS GARCIA MONCADA
and MAYDA GARCIA, a/k/a MAYDA GARCIA
MONCADA, his wife,
to inc known to be the person s described in and who
foregoing instrument and they at-know/edsed before me
'xrented the same.
that
executed the
they
WITNESS my hand and official seal its •tlteiq¢>rnt4.,and
State last aforesaid this [r-(ci\ ,.
NOTARY PURL i „STATE Off: plaidow
'I Errs Inurumeta prepared trey: JOSE 9:tlI,LLERM.Q"
, r, I �2650 S.W. 27t.h . ze oe
Ar
0113
Y DA GAIlC
FOR RECORDERS USE
ociir»artt•ty £tamp• cotrra:fed
.tGOR6Eo to °twist vEttosins some
WJ
80 DADE CONN, F onl
Etk-
R1EQRC VERIFIED
.RUCUALW P. BRINKER,
CLERl. CIRCUIT COURT
MY COMMISSION EXPIRES:
O , E S Q
i t e 1-A Notary Pubi'le State nt Florida at Large.
Ott Cnmmissian Expires Jan. 24, 19BI