HomeMy WebLinkAboutApplication & Supporting DocsHEARING 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
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 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).
Robert P. Go v-
hereby apply to the Miami Zoning Board for approval of a Variance at the property located at.
3672 Royal Palm Avenue, Miami 33133
folio number 01 -41 21 -01 3-0301
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 3i 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, 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?
7,000 square feet
12. What is the purpose of this application/nature of proposed use? To permit a garage
addition to my home.
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: N/A
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 Tess 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. See attached sheet.
(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:
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
(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:
(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:
(e) The Variance, if granted, is the minimum Variance that will make possible the reasonable
use of the land, building or structure in that:
(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:
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.
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 (50) feet ojthe subject property.
Signature
Name Robert P. Gonzales
Address 3672 Royal Palm Avenue
Miami, Florida 33133
Telephone 305-442-0065 Date June 2, 2006
E-mail Address Robert . Gonzales@maeys , cam
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of 'J
20 by Robert P. Gonzales 0,,.„I Syr d fv iC' rc
who is a(n) individual/partner/agent/corporation of a(n)
in ividuatlpartnership/corporation. HelShe personally known to me or who has produced
F04g1� 7rr43-( as identification and who not) take ark oath.
Fa.0612z- --pa 02
(Stamp)
Signature
Rev. 01-06-06
4
Answers to Question 16
(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:
Our house was built without a garage. The only
location on the property that can accommodate a garage
is in this location.
(b) The special conditions and circumstances do not result
from the actions of the petitioner in that:
When we purchased our house in March 2003, the
provision from which we are seeking a variance was not
in effect (it passed in March 2005) and our proposed
garage would have been permitted without the need for
a variance. The new code provision makes it impossible
to build the garage as was contemplated when we
purchased the house.
(c) Literal interpretation of the provisions of this zoning
ordinance deprives the applicant of rights commonly enjoyed
by other properties in the same zoning district under the
terms of this zoning ordinance and works unnecessary and
undue hardship on the petitioner in that:
Other houses on Royal Palm Avenue have garages in the
same configuration. We desire to have a garage just
like many of our neighbors on Royal Palm Avenue. We
need the garage to protect our car in a hurricane.
(d) Granting the variance requested conveys the same
treatment to the individual owner as to the owner of other
lands, buildings, or structures in the same zoning district
in that:
Other houses on Royal Palm Avenue have garages in the
same configuration. We desire to have a garage just
like our neighbors.
(e) The variance, if granted, is the minimum variance that
makes possible the reasonable use of the land, building, or
structure; and
1
The variance requested is the minimum variance that
will allow a garage for our house.
(f) The grant of the variance is in harmony with the
general intent and purpose of this Zoning Ordinance, and
will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare in that:
The grant of the variance allows the use of our house
as permitted in the R-1 single family zoning district
and is not injurious to the neighborhood as it allows
a garage just like many other houses on Royal Palm
Avenue.
2
AFFIDAVIT
Before me, the undersigned, this day personally appeared Robert P. Gonzalez
, who being by me first deposes and says:
9. That heN 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 hemrepresents, 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, el 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.
Robert P. Gonzales
Applicant Name App cant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this a day of i v n r -
20.G _, by Robert P. Gonzales q-,4 A - Noce 0( eS16-(e_ .,-; , c'r---
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/cooration_ He/She is p-;.. •nally known to me or who
has produced O( S2-r 17C'-b ads identification and who id i • not) ta e an oath.
cqz-.cyo- s -s`i2
(Stamp)
Rev. 01-06-06 5
aturec-
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) Robert P. Gonzales (1 0%) Anna Oleskiewicz (90% )
Subject Property Address(es) 3672 Royal Palm Avenue
Miami, Florida 33133
Telephone Number 305-442-0065
E-mail Address Robert .Gonzales@maC.\IS
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
Robert P. Gonzales
Owner or Attorney Name Owner or Attorney Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 53- day of
20C)= , by Robert P. Gonzales . CA eS(cae4c
who is a(n) individual/pa rtnerlagenticorporation of
a(n) individual/partnership/co oration. He/She is per onally known to me or who
has produced F0"-525i,;-rir43.midentification and wh • m• • did not) t e an oath.
(Stamp)
102
Rev. 01-06-06 6
Property Address:
Legal Description:
EXHIBIT A
3672 Royal Palm Avenue
Miami, Florida 33133
Lot 4, Block E, of Second Amended Plat
of Cocoanut Grove Park, according to
the Plat thereof recorded in Plat Book
1, at Page 62, of the Public Records of
Miami -Dade County, Florida
This imstrurncdl by
Louis L I.aF€nrtiscc,.Tr,
3121 Commodore Pl,ua, Suite 301
Miami, FL 33133
Folio No. 01 4121 013 0301
. OFF REC BK.
211i9PC0458
WARRANTY DEED
This Indenture made this /9cay of March,
called "Grantor") Robert P. Gonzales, a single man
common whose address is 3672 Royal Palm Avenue,
03R 19'7039 2003 MAR 25 07:50
DOCSTP0EE 3040.00 SURTX 0.00
HARVEY RUVIl4r CLERK DADE COUHTYr FL
2003 between Peter Myers, a single man, (hereinafter
and Anna Olesldewicz, a single woman, as tenants in
Miami, FL 33133 (hereinafter called "Grantees").
WITNESSETH
That the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable
consideration to said Grantor in hand paid by said Grantee, the receipt of which 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:
Lot 4, Block E, of SECOND AMENDED PLAT OF COCOANUT GROVE PARK, according to
the Plat thereof recorded in Plat Book 1, at Page 62, of the Public Records of Miami -Dade County,
Florida.
with an un-divided ten percent (10%) interest therein
(90%) interest therein to Anna Olesidewicz, and said
will defend the same against the lawful claims of all perso
to Robert P. Gonzales and an un-divi ninety pe
Grantor does hereby fully warrant the title to said land, and
ns whomsoever.
Subject to taxes for the current year and subsequent
record and applicable zoning ordinances.
written.
years, conditions, restrictions, limitations, easements of
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above
WITNESSES.
Sits .tu
Prin
r u , to : ti �' ... / C :,ems ,��
Printed Name: w , :•� .... •• 1. - •
LO
reed cent
per
E .. r.'�• �,•. ::i"�'d�.;r,}; vt.,:}.y4ey',�,r�+r7+�\t�:,�Y,L"•ri �5��'ii�'!'':444;��4h1,1"fhb! j€i�,t_.ii.�7.ty�.�+'• �IYI
7f .�Yti' t.
IY
144,47,
OFF. REC BX.
21119PG0459
Stag of Florida )
County of Miami -Dade )
The foregoing instrument was acknowledged before me by Peter Myers. He is �crsonally known to me
or did produce as identification and did take an oath this jq day of MareTi, 2003.
Notary Public State of Florida
Name of Notary --/.- H / iEsPe
My commission expires: (NOTARIAL SEAL)
,,, Rona idontisee
t V COMANUSSiOH I POO?6528 CORES
�Ft12 2006
J ' ICKIED TROY FAiNtISSANCE WC
vecoviceovttoFwahumxicseacm.
QF DAExCT.I.1rmazook
vezzewissimat
HAFiVEY FlLMN
,t-; .t •:a; l r��Rt RT;: :'itf7"y':.•r'.iij .�{�i: i; ;srF.:::L.�;JE4 j]�l..E�'ry y`j. La r jY ry ..r•
i .;'i'�, `'�'. c'+�.�'�r �� i.i�'i�'��l }�� +r<. w.. '',..t•`�r��t�^ yR'.til,,',��. °fii•..; 'v `Ye'•':,4.}�!�': ,ii' '''�711 � .; I��i,....yfyl•=k{•h• E!•