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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2n Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 s 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 ioading requirements (see Article 19 of the Zoning Ordinance). , LUIS UVA, president of D.P. REALTY CORP_ a Flores corporation hereby apply to the Miami Zoning Board for approval of a Variance at the property located at- 76n NW 4TH Str et, Units 101. 102 and 103, 8 folio number (1141-3R-044-1 070 - 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 4`h 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) 11 x 17" and one (1) 8 ' 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). 11. What is the acreage of the project/property site? 0.65 ACRE 12. What is the purpose of this application/nature of proposed use? SOUTH RIVER NIGTH CLUB REQUEST FOR A VARIANCE: OFFSITE PARKING 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. Nr 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. r 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: (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 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 VARIANCE: OFFSITE PARKING ACCORDING TO ARTICLE 9 SECTION 918 OF T4-4E MIAMI ZONING ORDENANCE: OFFSITE PARKING SHALL BE PERMITED BY SPECIAL EXCEPTION (ARTICLE 13 SECTION 1301.3) AND UP TO 2S% OF THE REQUIRED NUMBER OF SPACES (30 REQ_ SPACES - 24 PROVIDED = & SPACES, ? SPACES =20i©<2S%) ACCORDING TO SECTION 918.1, THE MAXIMUN DISTANCE FROM A PRINCIPAL ENTRANCE OF ANY PARKING FACILITY PERMITTED TO PROVIDE REQUIRED OR EXCESS OFFSITE PARQUING TO THE PRINCIPAL ENTANCE OF THE USE SERVED SHALL NOT EXCEED SIX HUNDRED(600) FEET, WITH DISTANCE MEASURED X NORMAL PEDESTRIAN ROUTES. FOR PROPOSED OFFSITE PARKING SEE RADIAL MAP ( YELLOW HIGHLIGHT IN ORDER TO COMPLY WITH SECTION I903(F) OF THE MIAMI ZONING ORDENANCE, PARTICULAR CONSIDERATIONS SHALL BE GIVEN TO PROTECTING THE RESIDENTIAL AREAS FROM EXCESSIVE NOISE, FUMES, ODORS, COMMERCIAL VEHICLE INTRUSION, TRAFFIC CONFLICTS, AND THE SPILLOVER EFFECT OF LIGHT, ACCORDING WITH SECTION 1305.3 USE AND OCCUPANCY CRITERIA - PARKING ADJACENT TO A STREET FRONT SHOULD BE MINIMIZED AND WHERE POSIBLE SHOULD BE LOCATED BEHIND THE BUILDING - ORIENT OUTSIDE LIGHTING TO MINIMIZED GLARE TO ADJACENT PROPERTIES. - PROVIDE VISI3LE SIGNAGE IDENTIFYING 5UILDING ADDRESSES AT THE ENTRANCE AS ,4 FUNTIONAL AND AESTHETICT CONSIDERATION. est 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 $ 250.00 $ 450.00 $ 550.00 $ 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 n appeal by the applicant or from a property owner within five hundred ( 0) feet fthepubject property. Signature Name Luis Uva DP Realty Pres. Address 760 NW 4th St #100 Telephone 3 0 5 - 5 4 5 - 5 5 8 8 Date E-mail Address STATE OF FLORIDA COUNTY OF MIAMI-DADE Miami, FL 33128 06/09/06 The foregoing was acknowledged before me this day of 2G 6 , by who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation_ He/She is personally known to me Of who has produced as identification and who did (did not) take an oath. (Stamp) NORA_ KHAR-00 v Dc, 208[7)03 tXPES: July 2007 Sigpature CERTIFICATE OF COMPANY RESOLUTIONS, COMPANY STATUS AND INCUMBENCY The undersigned, the Secretary of D.P. REALTY CORP., a Florida corporation (the "Owner"), hereby certifies that: 1 The Owner is a duly formed, validly existing corporation in good standing under the laws of State of Florida. 2. The Articles of Incorporation of the Owner, filed with the Secretary of State of Florida on March 13, 1998, have not been amended since the date of said filing and remain in full force and effect. 3. The undersigned as sole shareholder of the Owner and acting pursuant to Sections 607.0701 and 607.0704 of the Florida Business Corporation Act has unanimously adopted the following resolutions, and the same have not been revoked, cancelled, annulled or amended in any manner and are in full force and effect on the date hereof: WHEREAS: the Owner has entered into a business lease agreement with Anand Parasram concerning 760 NW 4`11 Street, Units 101, 102, and 103, Miami, Florida 33128 (the "Property"); 2006. WHEREAS, in order to induce the Hearing Boards of the City of Miami to approve and grant all necessary penults and authorizations for the construction and operation of a Sports Bar/ Dancing Discotheque/ Night Club on the Property (the "Project"); NOW, THEREFORE, BE IT RESOLVED: That Luis Uva is authorized to sign the Public Hearing Application for a Special Exception regarding the Project. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this day of April, D.P. REALT By: L -- Luis Uva, President and Secretary a corporation, AFFIDAVIT Before me, the undersigned, this day personally appeared Luis Uva, as President of Q.P. Realty, Inc., a Florida corporation, , 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, ❑ 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. Luis Uva, as President of D.P. Realty, Inc. Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE TO foregoing was acknowledged before me this 4 day of 20 by Luis Uva, as President of D.P. Realty, Inc. o i. a(n 'ndividu.1/partner/ag-.nt/co has produced (Stamp) Rev, 01-06-06 '.:_ .'r„�'�., .i L .f ;�Aiti' e or who an oath. 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. Luis Uva — 100% Owner's Name(es) D.P. Realty, Inc., a Florida corporation - 100% ownership of the subject property Subject Property Address(es) 760 N.W. Ath Street, Units 101, 102 and 103, Miami, Florida 33128 Telephone Number (786) 712-9646 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 Legal Description N/A Luis Uva, as President of D.P. Realty, Inc. Owner or Attorney Name Owner or Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE Thp foregoing was acknowledged before me this day of _ 20 04 by Luis Uva, as President of D.P. Realty, Inc. has produced (Stamp) Rev. 01-06-06 as identifica `°ANC Pic 7,: . r ubtkc - S %ride Pity Loc;';; ra. : giros Jul 9, am Cam is; ::t r ; CD132919 Haar;: fin. gnature o me or who an oath. Exhibit A Legal description of the property Lots: 8,9,10 and 13 Subdivision: A.L. Knowlton's Plat of the City of Miami According to the Plat thereof as recorded in plat book B at page 41 of the public records of Miami -Dade county Florida Exhibit "A" Lots S, 9, and 10, Block 2S, A.L. KNOWLTON'S PLAT OF THE CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, less and except therefrom, beginning at the Northwest corner of Lot 10 of Block 2 South of A.L. Knowlton's Plat of the City OF MIAMI, as recorded in Plat book "B", Page 41, of the Public Records of Dade County, Florida; thence run South along the West boundary line of said Lot 10, 74.9 feet, more or less, to a point of curve: thence run Northeasterly through Lots 10 and 9 of aforesaid Block 2 South, along the arc of a curve to the right having a radius of 74.99 feet, a central angle of 89 56' 00", a distance of 117.71 feet, more or less, to a point of tangent on the North boundary line of aforesaid Lot 9; thence run West along the North boundary line of aforesaid Lots 9 and 10, 74.9 feet, more or less, to the point of beginning, AND Lot 13, Block 2S, A.L. KNOWLTON'S PLAT OF THE CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, To: City of Miami From: Mr. Luis Uva — DP Realty -- President Re: Use of Parking at 760 N.W. 4th Street Date: 5/15/06 Through this memo, would like to confirm that Anand Parasram and Mercedez Arriola have authorized use, through their rental contract with D.P. Realty, of the 24 parking space available at the property located at 760 N.W. 4th Street, Miami, Florida 33128. This authorization applies to their hours of operations starting after 5 pm. (4..1; {_ a` Lk) Luis Uva President D. P. Realty NORA PICHARDO SAY COMMISSION # D➢ 2€ 6003 EXPIRES: July 16, 2007 ... spa Trim WWI Nan Undervonere This instrument was prepared by: STEVEN W. S€MON, ESQUIRE SPENCER d KLEIN, A.A. 801 Br€ckafl Avenue, Suite 1901 Miami, FL 33131 Grantee S.S. # Property Appraisers Parcel identification No. 01-4128-C441-070 01-4128-0441-080 01.4128-0441-110 Space above this line for recording data WARRANTY DEED (STATUTO Y FORM - SECTION 689.02, F.S.) This Indenture, made this 1 day of March, 1998, BETWEEN Santiago Presno-Bosch and Benita Presno, his wife hereinafter called the Grantor, to D.P. Realty Co -p., a Florida corporation, whose post office address is 243 S.W. 6th Street, Miami, FL 33130 Witnesseth that said Grantor, for and in consideration of the sum of TEN AND N©/100 (S1OE00)---------Dollars, 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, to wit: See Exhibit "A" SUBJECT TO: Rights, reservations restrictions, limitations and easements of record; TOGETHER with all the tenements, hereditament 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 it is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to seal and convey said land; that it 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 ail encumbrances except taxes accruing subsequent to December 31, 1997. *"Grantor" and "Grantee" are used for singular or plural, as context requires. \-5 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: (Signature) (Signature} (Print name) STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE) Santiago Presno- Basch Benita Presno 4380 S.W. 89th Avenue Miami, FL 33165 I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Santiago Presno-Bosch and Benita Presno, his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same and who are ( ) personally known to me or ( ) who have each produced a Florida driver's license as identification. WITNESS my hand and official seal in the County and State last aforesaid this jf day of March, 1998. ti ' S. S. Blair ROa3 * Notary P► blic, State of nerid. t y i Commission No. CC S96191 "(''of o,bt My Commission Exp.10/27f2000 1-e00-3-MOrh►tY - YU. notary Service sadi.a Co. C:1WPDOCSIUVA13687.OtW ARDEED.LEr Notary Public 6 ' LA i Printed Name AND Lots 8, 9, and 10, Block 2S, A.L. KNOWLTON'S PLAT OF THE CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, less and except therefrom, beginning at the Northwest corner of Lot 10 of Block 2 South of A.L. Knowlton's Plat of the CITY OF MIAMI, as recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida; thence run South along the West boundary line of said Lot 10, 74.9 feet, more or less, to a point of curve; thence run Northeasterly through Lots 10 and 9 of aforesaid Block 2 South, along the arc of a curve to the right having a radius of 74.99 feet, a central angle of 89° 56' 00", a distance of 117.71 feet, more or less, to a point of tangent on the North boundary line of aforesaid Lot 9; thence run West along the North boundary line of aforesaid Lots 9 and 10, 74.9 feet, more or less, to the point of beginning, Lot 13, Block 2S, A.L. KNOWLTON'S PLAT OF THE CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida. : CcWi t,v OFFiGIAL iiECORDa&CX OF DADE COUNTY, FL ORDft. RECoi[7, yERIFIED HARVEi' RUVIN Rk CIRf U!T COURT