HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2hd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miamigov.com
PUBLIC HEARING APPLICATION FOR A
SPECIAL EXCEPTION
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 0-5) 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. 04-15-05
Within the City generally, or within certain zoning districts, certain structures, uses, and/or
occupancies specified, are of a nature requiring special and intensive review to determine
whether or not they should be permitted in specific locations, and if so, the special limitations,
conditions, and safeguards, which should be applied as reasonably necessary to promote the
general purposes of the Zoning Ordinance and, in particular, to protect adjoining properties and
the neighborhood from avoidable potentially adverse effects. It is further intended that the
expertise and judgment of the Miami Zoning Board be exercised in making such determinations,
in accordance with the rules, considerations and limitations relating to Special Exceptions (see
Article 16 of the Zoning Ordinance).
Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall
be solely responsible for determinations on applications for Special Exceptions, except when
otherwise provided for in the City Code. Al! applications shall be referred to the Director of the
Planning Department for his/her recommendation(s) and the Director shall make any further
referrals required by these regulations.
I, Lucia A. Dougherty on behalf of Balans Biscayne Properties, LC
, hereby apply to the
Miami Zoning Board for approval of a Special Exception for the property located at approx.
6789 Biscayne Blvd. , folio number 01-3218-008-0020 .
. 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 3 Floor, prior to submittal. Note:
Plans are to be submitted to Zoning for review by appointment only starting from the 8tn 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.
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 dear 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 4 and 5).
10. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7).
11. What is the acreage of the project/property site? Approx. 0.39 acres
Rev. 04-15-05 2
12. What is the purpose of this application/nature of proposed use? Approval of new
construction of a restaurant, 4 residential units and surface parking.
13. Is the property within the boundaries of a historic site, historic district or archeological zone? No
Please contact the Planning Department on the 3rd Floor for information.
14. Is the property within the boundaries of an Environmental Preservation District? No
Please contact the Planning Department on the 3'd 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. Cost of processing according to Section 62-156 of the Miami City Code:
Special Exception $ 800.00
Special Exception requiring automatic City Commission review $ 2,000.00
Extension of time for Special Exception $ 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 item 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 from the applicant or a property owner within five
hundred (500) feet of the subject property.
Signature
Name Lucia A. Dougherty
Telephone 305-579-0603
Address 1221 Brickell Avenue
Date
E-mail Address doughertvl a(,gtlaw.com
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Miami, Florida 33131
flKbPA
The going was acknowledged before me this ! day of
20 , by Lucia A. Dougherty
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is ersonall..... known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
3
7-1
A Y S .A.L
i RGONZALEZ '
ARY PUBLIC STATE OF FLORIDA s
COMMIS,SIO,'- NO. Dub 48882
Y COI Ki 7SttFtN ExF SEV 7,CA-*
Rev. 04-15-05
AFFIDAVIT
Before me, the undersigned, this day personally appeared Lucia A.
Dougherty , 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 sayeth not. /3
Lucia A. Dougherty
Applicant Name Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this
20 , by Lucia A. Dougherty
a(n) individual/partner/agent/corporation of
individual/partnership/corporation. He/She is persona known to me or who has
produced as identification and who did _(did not) take an oath.
day of
who is
a(n)
(Stamp)
Rev. 04-15-05
Signature
OR A.
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) Balans Biscayne Properties, LC
Subject Property Address(es) approx. 6789 Biscayne Blvd
See Exhibit "A" attached
Telephone Number
E-mail Address
Prady Balan (90% ownership) and David Taylor (10% ownerhsip)
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
Lucia A. Dougherty
Owner or Attorney Name Owner ar Attiorniey Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
k
The foregoing was acknowledged before me this day of I
20 , by Lucia A. Dougherty who
a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is erg sa Il new. t me or who has
produced as identification and who did (did not) take an oath.
1—
(Stamp)
0 I IALNart<<...,e_.�a_.
MAISOLRG N Signature
i MARY PUBIJC S1' A%h. OF .FLI P, I r,
COMM!SS ON NO, D�J` -R?
MYCOMM SSToN<"...
is
Rev. 04-15-05
EXHIBIT "A"
LEGAL DESCRIPTION: LOT 2 LESS THE WEST 8 FEET FOR R/W AND ALL OE 6,
OF ELMIRA
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT SOQK_- B . AI PACT
OF THE PUBLIC RF8CODS OF 1Il AtII COUNTY,FLORIDA
LESS
& 8
.-U E3 E)1 VI SI ON
LEGAL DESCRIPTION;
A PORTION OF LOT 2, ELMIRA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PIA1' it- F. rl•GE 162 OF
TIIE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA LYING 7N THE NORTHEAST ONE—(11 hR fFa (NE 1/4)
OP -SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI—DADE COUNTY, FLORIDA. :°Fait *+ rzr
PARTICULARLY DESCIRBED AS FOLLOWS:
BEGIN AT A POINT OF INTERSECTION OF THE NORTH LINE OF, SAID LOT 2 WITH T1 E I.^.`'1 ' ! =!:I • yF- 4iAY
LINE OF STATE' ROAD 5 (BISCAYNE BOULEVARD), AS SHOWN ON THE FLORIDA D}•.PARTMN1 'o"F'! r"1'OFTATION
(MAINTENANCE MAPS FOR SECTION 87030—MTC-1, AS RECORDED IN ROAD PLAT HOOK
PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID POINT BEING 2.438 1'!f 1ER r" , I'°".I) ) AST
OF THE NORTHWEST CORNER OF LOT 2, (AS MEASURED ALONG THE NORTH LINE OF SAT! r,t TITUCE
NORTH 87°48'57" EAST, ALONG SAID NORTH LINE OF LOT 2, A DISTANCE OF 7.070 MET( :; .:O FRET)
TO THE POINT OF CUSP WJTB A TANGENT CIRCULAR CURVE, CONCAVE TO THE SOUTIEEAST, i'\ r"1. A RADIUS
OF 8.534 METERS (28.00 FEET); (HENCE' FROM A TANGENT BEARING OF SOUTH 8 i ° isf?' _
SOUTHWESTERLY ALONG SAID CURVE TO TILE LEFT, THROUGH A CENTRAL ANGLE OF 55'4°. ` 1 •" AN ARC
LENGTH OF 8.312 METERS (27.27 FEET) TO A POINT OF INTERSECTION WITH SAID EAS'i
-LINE OF STATE ROAD 5; THENCE NORTH 02121'31" WEST, ALONG SAID EAST RICHT—OF—wAy mfl . FOR 3.73B
METERS (12.26 FEET) TO TUE POINT OF BEGINNING.
CONTAINING 7.9 SQUARE METERS (85 SQUARE FEET), MORE OR LESS.
111111111111111111111111111111111111111111111
CFN 2Oi i4RO7263o6
OR ,k 22571 Pas 0762 -- 764; (3P a s 7
RECORDED 08/19/2004 13=57=15
DEED DDC TAX 5:400.00
SURTAX 4:O50.00
NARVEY RUVIHr CLERK OF COURT
MIAMI-DADE COUNTY: FLORIDA
STATUTORY WARRANTY DEED
Section 689.02, Florida Statutes
THIS INDENTURE,
Made this litC day of August, 2004, by White Dove Holding, LLC, a Florida limited
liability company, party of the first part, and Salans Biscayne Properties, LC, a Florida limited
liability company, whose post office address is 1022 Lincoln Road, Miami Beach, Florida
33139, party of the second part.
WITNESSETH, That the said party of the first part, for and in consideration of the surn
of Ten ($10.00) Dollars and other good and valuable considerations ($10.00 and o.v.c.), to it in
hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has
granted, bargained, and sold to the said party of the second part, its heirs and assigns forever,
the following described land situate, and being in the County of Miami -Dade, State of Florida to
wit:
See Exhibit "A"
SUBJECT TO: Conditions, restrictions, conditions, easements, limitations and
zoning ordinances, if any.
SUBJECT TO: Real Property Taxes levied subsequent to December 37, 2003
Property Appraiser's Parcel Identification Number is:
01-3218-008-0020
And the said party of the first part do hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever, that said land is free of all
encumbrances.
Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To have and to hold the same in fee simple forever.
And the party of the first part hereby covenants with said party of the second part that they are
lawfully seized of said land in fee simple; that the party of the first part have good right and
lawful authority to sell and convey said land.
Book22591/Page762 CFN#20040726366
Page 1 of 3
IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and
seal the day and year first written above.
Signed, sealed and delivered in
the presence of:
rirlt Name:
Print acne:
STATE OF FLORIDA
COUNTY OF MIAMi-DADE
White Dove Holding, LLC
a Florida Jim
{LS)
' Jeff O. Morr, as Managing Member
1827 Sunset Harbour Drive
Miami Beach, Florida 33139
S.)
,e Bassam Saad, as Managing Member
1827 Sunset Harbour Drive
Miami Beach, Florida 33139
)
) SS:
1 HEREBY CERTIFY that on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments, Jeff O. Morr, and eassarn Saad, as
Managing Members of White Dove Holding, LLC, a Florida limited liability company, who have
produced a Florida Driver's License as identification and being first duly sworn, they executed the
foregoing Warranty Deed and acknowledged before me that they executed the same on behalf of tf
limited liability company freely and voluntarily for the purpose therein expressed.
Witness ..ciai seal at Miami -Dade County, State of Florida, this / day of
August, 20
Not
Public, State of Florida at Large
SSFI!?fllf
Print name of Nota� f =�"•n No.
My Comnlisskor. grit;:
#DD 123201
11 4
•FJ AGAfsI f!•R I{{{�.�fi
2
This instrument was prepared by:
Alan B. Fishman, Esquire
300 Arthur Godfrey Road
Suite 204
Miami Beach, Florida 33140
(305) 532-2810
Book22591/Page763 CFN#20040726366 Page 2 of 3
OR E:K 2:2 91 PG 0764
LAST PAGE
Exhibit "A"
Lots 2, less the West 8 feet for Right of Way, 4, 6 and 8, of ELMIRA, a subdivision according to the plat
thereof, as recorded in Plat Book "B" at Page 162, of the Public Records of Miami -Dade County, Florida;
and Less the following:
Begin at a point of intersection of the North line of said Lot 2 with the East right-of-way line of State
Road 5 (Biscayne Boulevard), as shown on the Florida Department of Transportation Maintenance Maps
for Section 87030-MTC-1, as recorded in Road Plat Book 152, page 10 of the Public Records of Miami -
Dade County, Florida, said point being 2.438 meters (8.00 feet) East of the Northwest corner of Lot 2, (as
measured along the North line of said Lot 2); thence North 87°48'57" East, along said North line of Lot 2,
a distance of 7.070 meters (23.20 feet) to the point of cusp with a tangent circular curve, concave to the
Southeast, having a radius of 8.534 meters (28.00 feet); thence, from a tangent bearing of South
87°48'57" West, Southwesterly along said curve to the left, through a central angle of 55°48'14", for an
arc length of 8.312 meters (27.27 feet) to a point of intersection with said East right-of-way line of State
Road 5; thence North 02°21'31" West, along said East right -of --way line, for 3.738 meters (12.26 feet) to
the Point of Beginning.
Book22591/Page764 CFN#20040726366
Page3of3