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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2nd Avenue, 7th Floor + Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.corn 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). I, Suzanne Besu, on behalf of Granada Shopping Plaza, Inc. , hereby apply to the Miami Zoning Board for approval of a Special Exception for the property located at 4899 Southwest 8th Street, Miami, Florida folio number (TO BE ASSIGNED)' 1. The property/location listed does not have any open code enforcement/lien violations. None: See attached search. 2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6) months from the date of application. Attached. 3. One (1) original 24x36" plan, signed and sealed by a State of Horida 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. Attached. 4. Plan needs to be stamped by Hearing Boards first and then sined 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 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. Attached. 6. At least two photographs that show the entire property (land and improvements). Attached. 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. Attached. 8. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". Attached. 9. Affidavit and disclosure of ownership of the subject property (see pages 5 and 6). Attached. 1 Please Note that the proposed property is within the Granada Shopping Plaza, whose address is 4801 Southwest 8th Street, with Folio No. 01-4106-006-0010. Rev. 01-06-06 2 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). Attached. 11, What is the acreage of the project/property site? 3.184 Acres 12_ What is the purpose of this application/nature of proposed use? Building necessitating variance on (i) front yard setback adjacent to street and (ii) 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. 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: a) Articles of Incorporation. Attached. b) Certificate from Tallahassee less than one (1) year old showing good standing Attached. 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. Attached. d) For non-profit organizations only: A list of Board of Directors less than one (1) year old N/A 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. Please see attached. (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 (500) feet of the suect property. Signature Address 1441 Brickell Avenue, 15th Floor Name Telephone 305.536.8278 Miami, Florida 33131-3407 Date April 7, 2006 E-mail Address smb@tewlaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7th day of April 2006, by Suzanne M. Best) who is a(n) individual/partnerf $ corporation of Granada Shopping Plaza, Inc., a(n) individual/partnership/ - ". He l is .: o or who has produced as identification and who did (did not) take an oath. .,a„ E1iibet, aid, ; My Commission 00201030 (Stamp) Rev. 01-06-06 4 6 06 105 PION -HORIZON F ROPT a w 30 64 5 C T -691 Pt 232 13-2, 39 LIMITED POWER OF ATTORNEY Know AU Men By These Presents: That DANMEL R. VALDES ("VALDES"), as Secretary of Granada Shopping Plata, Inc„ does hereby make .and grant a limited specifrr power of attorney to SUZANNE M. BES i, ESQ, ("BESiJ") , SANTIAGO D. ECHEMEND1A, ESQ. ("ECI EMENDIA"), and appoint and constitute said individuals as representatives. BESLi and ECHEM.END1A in fact shall have full power and authority to undertake, commit, and perform only the following acts an my behalf to the same extent as f I had done so personally, all with full power of substitution and revocation in the presence - To execute all necessary dowrnents, to complete, and to sign on behalf of Granada Shopping Plaza, inc., the following Applications: (i) City of Miami Public Head Application for a Variance; and (ii) City of Miami Public Hearing Application for a Special Exception. The authority granted shall include such incidental acts as are reasonably required or necessary to carry out and perform the specific authorities and duties stated or contemplated herein, including bur not limited to, appearances before the City of Miami Zoning Board and the City of Miami Board of Commissioners. BESU and £CHEMEN:PIA agree to accept this appointment subject to its terms, and agree to act and perform in said fiduciary capacity consistent with the best interests of Granada Shopping Plaza, Inc„ as they deem advisable in their discretion, and 1 thereupon noti& all acts so carried out, IN WITNESS WHEREOF, I have hereunto set my hand and seal the '7-thday of April 2006. DANIL R. VA y✓'F�+tt �"antQ Print Name; c rlo5 A. L e3tu [ACKNOWLEDGMENT ON FOLLOWING PAGE) O4-06-06 11:27PM FRO -TFW CAKE REGAK +80553E1i16 T-704 P.03/03 F-082 [CONTINUED FROM PREVIOUS PAGE] 01 = r6AA ) ) SS: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the jurisdiction aforesaid to take acknowledgments, personally appeared Daniel_ R. Valdes to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. (- Affiant is personally known to ine: or j] Afjiant provided as identification. WITNESS my hand and official seal last aforesaid this - day of April 2006. My commission expires: Notary/Public QonarM 0oo3133178 Dm.1W17l2008 bonded ttwu(.00)432.425q Ronda Notary Assn.. Me 2 AFFIDAVIT Before me, the undersigned, this day personally appeared Suzanne M. Besu , who being duly sworn 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. Suzanne M. Besu Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7th day of April 2006, by Suzanne M. Besu who is a(n) individual/partnerrlcorporation of Granada Shopping Plaza, Inc., a(n) individual/partnership. lO"t" ' 1 . Hef:s or who has produced as identification and who did (did not) take an oath. (Stamp) foph Bernardo +Ny Coranassion D02010(19 for Eves April 7 2007 Rev. 01-06-06 5 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) Armando J. Guerra (37.5%), Manuel A. Herran (37.5%), Maria Guerra (10%), Daniel R. Valdes (10%), Nancy Herran (5%) Subject Property Address(es) 4801 Southwest 8th Street, Miami, Florida 33134 Telephone Number 786.621.5226 E-mail Address amaceatt.net 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 None None Suzanne M. Best) Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description None None The foregoing was acknowledged before me this 7th day of April 2006, by Suzanne M. Best who is a(n) individual/partner corporation of Granada Shopping Plaza, Inc., a(n) individual/partnership Hel is «;0 4t or who has produced as identification and who did (did not) take an oath. elElizabeth Bernardo *Commission ,o (Stamp) T oEinie April 2007 Rev. 01-06-06 6 EXHIBIT A Subject Property Address: 4801 S.W. 8th Street Legal Description: All of Tracts "A", "B", "C", AND "D" of GRANADA SHOPPING CENTRE, Plat Book 56, Page 16, and a portion of the West 1/2 of the S.E. 1/4 of the S.E. 1/4 of Section 6, Township 54 South, Range 41 East, described as follows: Begin at the Northwest corner of Tract "A" of GRANADA SHOPPING CENTRE, Plat Book 56, Page 16; run thence North along the East boundary line of S.W. 49th Avenue to the intersection of said East boundary line with the South boundary line of S.W. 7th Street, as shown on the Plat of BUIE TERRACE, Plat Book 66, Page 93; run thence East along the South boundary of said S.W. 7th Street, 500.00 feet to the Southeast corner of said S.W. 7th Street, as shown on said Plat; run thence North along the East boundary line of said S.W. 7th Street, 55.00 feet to the Northeast corner of said S.W. 7th Street; run thence East along the Easterly extension of said S.W. 7th Street 129.80 feet to the West boundary line of S.W. 48th Street; run thence South along the West boundary line of S.W. 48th Street to the Northeast corner of Tract "D" of GRANADA SHOPPING CENTRE, Plat Book 56, Page 16, run thence West along the North boundary line of Tracts A, B, C, and D, of GRANADA SHOPPING CENTRE, 629.80 feet to the POINT OF BEGINNING. LESS: That Parcel of Land lying in Section 6, Township 54 South, Range 41 East, Dade County, Florida, being that portion of Tract "A" of GRANADA SHOPPING CENTER, according to the Plat thereof as recorded in Plat Book 56, Page 16, of the Public Records of Dade County, Florida, which lies within the external area faulted and bounded by a 25.00 foot radius circular curve concave to the northeast bounded by and being tangent to the south and west boundaries of said Tract "A". I certify from the records of this office that GRANADA SHOPPING PLAZA, INC. is a corporation organized under the laws of the State of Florida, filed on March 28, 2000. The document number of this corporation is P00000031453. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report was filed on January 5, 2006, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Eighth day of February, 2006 Authentication ID: 700065437827-020806-P00000031453 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. www.sunbiz.arglauth.html I certify from the records of this office that MOORE PROPERTIES, LTD. is a limited partnership organized under the laws of the State of Florida, filed on September 1, 1987. The document number of this limited partnership is A25117. I further certify that said limited partnership has paid all fees due this office through December 31, 2005, and its status is active. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Fifteenth day of February, 2006 Secretary of State Authentication ID: 6OOO65929216-O21546-A25117 To authenticate this certificate,visit the following site, ent ID, and then follow the instructions displayed. www.sunbiz.org/auth.html 087 SEP-4 Plii2:07 87R24345{((1�� r' Q� WARRANTY DEED tL 34U3PG 2.599 THIS WARRANTY PEED made the 31st day or August, 1987, by THOMAS EARL MOORE and ELSPETH K. MOORE, as Trustees under the MOORE PROPERTIES LIMITED TRUST (hereinafter called the Grantor) to MOORE PROPERTIES LTD., a Florida limited Miami, Florida partnership, 33 73 (hereinaftercalled theffice ress is Grantee)$310 S.W. 83rd Street, W 1TNE3S ETH: That the Grantor, for and In consideration of the sum of $10.00 and dthr valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Dade County, Florida, viz: See legal description attached hereto and incorporated herein as Exhibits "A" and "B" as though fully and at length set forth herein. 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 e Grantor hat hasat the Grant r is lal,fully eleiaad Aw said land in fee simple; that ght and lawful authority to sell and convey said land; till.X71/nr-Orstrbimr—Mepeby-- fully arrant lawfulwclaimsgofhalilpersonsswhomsoeverndand lthat l e fend dtlandhe ais free against aid laneeof all encumbrances, except taxes accruing subsequent to December 31, 1986. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: 1 -st ru 5 FARt- "IMRE , Trustee under the MOOSE PROPERITIES LIMITED TRUST STATE OF FLORIDA ) SS: COUNTY Of DADE I HEREBY CERTIFY that on this day b fore me, an of leer dulyduauthorized In the State ..roresaid and in the Co to Trustee id to d der take actr lediments. PROPERTIES personally appeared ELSPETH K. MOORE, executed the as LIMITED ingR iST, to menstruatennt kand nownto bthe pei-son she ack owledged before descrimed in that and who sheexecuted the foregoing B same. ELSP011. MOORE, as Trustee under the MOORE PROPERTIES LIMITED TRUST Documr rtnr} Sh ntps Collected $ Q $ Silk .A Doc. Stamps cat:cctrd plats "C" InWANMe ra, i;a1;t•Ct-•d $ -fir-- Richa 1" s Clrtk, C±at , C un v, Fla. By DC WITNESS ray hand and official seal in the County and State last aforesaid this 31st day of August, 1987- Ory NCYI'AR PUBLIC State Or Florida at Large My Commission Expires: 33rs r:ae 2 Sooth 13.7.aym H!ve AWN., '' . Fiarida 3?' iI 'STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) 3403N Z600 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared THOMAS EARL MOORE, as Trustee under the MOORE PROPERTIES LIMITED TRUST, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 31st day of August, 1987. ..... £; R G ,: l r This instrument prepared by: Murray D. Shear, P.A. Broad and Cassel tltiu•Biscayne Evils 3333 Two South Biscayne Boulevard Miami, Florida 33131 NOTARY egiL State of Florge My Commission Expires: Wevy P.0Lc. State of Agile Aty Car,Ir.:,S.iwcn b il% Arl aelod . .7or NIP MMrm lept 134[2. 260 .. EXHIBIT "A" LEGAI' DESCR1?TION A11 of Tracts A, B, C, and D, of CPAVP.DA SHOPPING CE$Th!rrecordeli in Plat Book 56, page 16, of the Public Records of Dads County`, Florida, and a portion of the West 1/2 of the 6E 1/4 of the-Sr of bed as Section n 6, Township 54 South, Range 41 East, Begin at. the Northwest corner of Tract 'of6; f GRA1P.DA SHOPPING CENTRE, Plat Book 56, page run thence North along the East boundary line of East Eounuaryeline twith o ethe tSouth tboy:ndaryion of hsaide line C i Terrace, Plat Book 66, page 93; run thence 'art along the South boundary of said 5. W. 7th Street 500 feet to the Southeast corner of said S. W. 7th Street, as show:, on said plat; r- n,thence North e1Gny the East boundary litre of Said S. h, 7th Street 55 feet to the Northeast corner of said S. W. 7th Street; run thence East along the Easterly extension of said st:ee: 129.8 feet to the West boundary line of S. W. 46th Street; run thence South along the West boundary line of S. W. 44th Street to the Northeast ctr;'ier of Tract "e" of GNAW* SHOPPING CENTRE, Plitt took 5f, page 1E; run thence West along the North boundary lire cf Tracts A, B, C, and D, of GRANADA 5HO PI$GCENTBE 629.2 feet to the Point of Beginning. INCLUDING WIThoUT LIMITATION ALL OF THE RIGHT, TITLE AND INTEREST or THE GRANTORS, AS LESSORS, UNDER THE FOLLOWING LEASE s Ninety -Sine Year Lease dates February •, 1166, made by e :etuaeu T. EARL MOOand ELSP ETB MOORS. hi* wife, as Lessor, and ANTHONY ABRAMENTERPRISE'S, INC. , a Florida corporation, as Lessee, filed ou Tebrusry 24, 1956• under C1erA's Tile d NNo. I �►Bl1868; his to ANTHONYASSiS»t of HAM Lease, dated larch 1. h13 wife, by It1y 1 66R-11 606 filed both i the Public Records kof Dade No. County, Florida. 3 C3�C EXHIBIT °Er LEGAL DESCRIPTION 2 Lots 5, 6, 7, D, 9, 10, 11 and 12, and the South 20 feet of Lots 1, 2, 3 and 4, Block 3, BREEZY ACRES, according to the Plat thereof, recorded Plat took 47, Page 93 of the Public RecordsofDadeCounty, Florida. INCLUDING WITHOUT LI),ITATION ALL OF THE RIGHT, TITLE AND INTEREST OF THE GRANTORS, AS LESSORS, UNDER THE FOLLOWING LEASES! Forty Year Lease between T. E. MOORE and ELSPETH Y. MORE, his wife, as Landlord, and ) $U.COLY R. FRIED?Sli►la, SS Truste:, as Tenant, hated July 9, 1990► recorded July 14, 1940, in Official Records Rook 10812, at Pages 2009 through 2024; assigned to W NDICORP 1 1Am1, Inc., a Florida corporation, by Assignment.* motion and Consenit 1greeaent dated April 22, 1981, recorded' April 2'. 1192, in Official *cords look 110, Page 1es1001;end assigned to PEALTY INCH. LTD. by and Conveyance dated July 17, 1911, recorded July 20, 1981. in °tfical Records Rook 11160, at Pages 1205 through 1208, all of the Public Records of Dade County, Florida. Wirety Leine Year Lease dated February 1, 1972, between T. TAM, MOORE and ELSPETB R. $DORE, es Lessors, and MART 1. 1911RY AWN WAODELL, �, as Lasses. RICHARD .7. TUGO, and mom I wG, wiecoaa4 9Qi1 11, 19' 2 under Clerk's Pile 11o. 72P-7$I32i assigned to WWI •p�'s emd MARE M $ WARDELL by Assignment ed March 28, 1975, recorded April 23, 1975 3n Official Records Doak 8969, at Page 4344 both of the Public Records of Dade County, Florida.