HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miamigov.com/hearing boards
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 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, and on the fifth day. at 12:00 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 by the Miami -Dade County Recorder's Office at 22 NW First
Street, First Floor. Upon arrival, 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.
Rev. 01-06-06
Applications given to customers do not constitute action from the City of Miami without plans
review and written comments from the Office of Zoning.
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).
Javier F. Avinb on behalf of Hasred, Inc. , hereby apply to the
Miami Zoning Board for approval of a Special Exception for the property located at approximately
3885 NW 6th Street and 600 NW 38 Court , folio number 01-4105-008-0080 and 01-4105-
008-0090 .
1. 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. Original plan needs to be stamped, dated and initialed by Hearing Boards designee first and then by (1)
Public Works on the 8th Floor, (2) Zoning on the 4th Floor and (3) Planning on the 3rd Floor, prior to
submittal. Note: Plans are to be submitted to Zoning for first time review starting from the 8th through
the 20th of each month. Zoning will not be accepting first-time review plans after the 20th day of the
month.
5. After obtaining signatures from the above departments, two (2) 11x17" and one (1) 81,4x11" 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" to coincide with the current survey's legal description.
9. Affidavit and disclosure of ownership of all owners and contract purchasers 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. 0.34 acres
12. What is the purpose of this application/nature of proposed use? Approval for surface parking to
serve the abutting district pursuant to Section 612.
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
Rev. 01-06-06 2
14. is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning Department on the 3'd Floor for information, No
15. For corporations and partnerships indicated, 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) Non-profit organizations: 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*:
a. Special Exception requiring automatic City Commission review $ 2,000.00
b. Special Exception $ 800.00
c. Extension of time for Special Exception $ 500.00
d. Nonsubstantiai modification $ 400.00
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.
*Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be paid in
the form of a certified check, cashier's check, or money order,
Signature
Address 1221 Brickell Avenue
Name Javier F. Avino Miami, Florida 33131
Telephone 305-579-0703 E-mail
avinoigtlaw.com
The application submittal date is the date stamped by Hearing Boards' staff on the front page.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of
20 0'7 , by Javier F. Avino who is a(n)
individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an Oath.
(Stamp)
Rev. 01-06-06 3
Signatur_�.�
MA SCL F. G
AFFIDAVIT OF AUTHORITY TO ACT
Before me. the undersigned, this day personally appeared Javier F. Avino
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 who 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, X 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.
Javier F. Avino
Applicant(s) Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Aplicant(s) Signature
The foregoing was acknowledged before me this
20 07 , by Javier F. Avino who is a(n)
individual/partner/agent/corporation of a(n)
or who has produced
day of )-2,"
individual/partnership/corporation. He/She is personally krsovua is
as identification and who did (did not) take an oath.
(Stamp)
Rev. 01-06-06 4
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) Hasred, Inc.
Subject Property Address(es) approx. 3885 NW 6th Street and 600 NW 38`n Court
See attached Exhibit "A"
Telephone Number 305-579-0703
E-mail Address avinoj@gtlaw.com
See attached Exhibit "B"
2. Street address and legal description of any property owned by any and all parties listed in
answer to question #1 located within 500 feet of the subject property. Please supply additional
lists, if applicable.
Street Address
3880 NW 7 Street
3840 NW 7 Street
Jaiver F. Avino
Owner(s) or Attorney Name
Legal Description
DURHAM TERR PB 44-55 LOTS 2 & 3 BLK 1
DURHAM TERR PB 44-55 LOT 1 BLK 1 LOT
Own(s) or Attorney Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 1 day of Q•t
20 61 , by Javier F. Avino
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
MIA179553260N1 DOUGHERTYL
Rev. 01-06-06 5
EXHIBIT 'A'
LEGAL DESCRIPTION
LOTS I1 & 12 BLOCK I OF RRACE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 44 AT PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA_
EXHIBIT "B"
HASRED, !N&
STOCKHOLDERS
STUART I. HARRIS 20%
CELINA R. ALVAREZ 20%
DANNY AND ANDREA SHOSFY 20%
BRUCE AND MINDY WILNER 20%
ERNEST HARRIS REVOCABLE TRUST 20%
-7J
_ - -
;1.4e AZ.
111
1411;
Dtpartmrnt jif tat
I certify from the records of this office that HASRED, INC. is a corporation
organized under the laws of the State of Florida, filed on August 15, 1995.
The document number of this corporation is P95000063132.
I further certify that said corporation has paid all fees due this office through
December 31, 2006, that its most recent annual report/uniform business report
was filed on February 22, 2006, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
CR2E022 (01-07)
•
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Twenty-seventh day of February, 2007
10'
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11111111111111111111111111111111111111111311
CFN 2OO5RO924774
OR Ek 23740 is 2023; Us % )
RECORDED 09(01/2005 1611:3E
DEED DOC TAX 3,600.00
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE CoUNTY4 FLORIDA
LAST PAGE
This Inetrameet Prepared Rya
GAST= R. ALVARS3. P.B.
Act Orary ar Law
City National Rank BUYldiny
2701 Laaauna Road, Suit* 407
Coral cables, Florida 33134
Property Appraisers Parcel I4eutilication NO.a Di-41tl5.60BDDBP
Graasee m s.s /J
THIS WARRANTY DEED Made the // day Of A.D. 2005 by PETROHTL.
atATs°, a single woman, hereinafter called the Grantor, to HASRRA, INC., a Florida
corporation, with its post office address of: 369$ N.W. 7`a Street, 4" Flogr, Miami,
Florida 33126 , hereinafter called the Grantee.
WITNESSETH; That the Grantor, for and in consideration of the sum of $10.00 and
other good valuable considerations, receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all
that certain land situated in Miami -Dade County, Florida, to -wit:
LOT 11, BLOCK 1, OF DURHA31 TERRACE, ACCORDIN4 TO TUX PLAT THEREOF, AS RECORDED IN
PLAT BOOK 44, AT PAGE 55, OF THE PUBLIC RECORDS OF NUJMI-DADR COUNTY, FLORIDA.
subject to. Covenants, restrictions, and easements of records, if any, matters of plat,
applicable zoning regulations and taxes for the year 2006 and subsequent years.
TOGETHER with all the tenements, hereditanents 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 the Grantor is lawfully
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 will defend the same against the lawful claims of all persons whomsoever; and
that said land is free of all encumbrances, except taxes accruing subsequent to December
31, 2004.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year fig•ove written.
Signe
the
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Siarta uy
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ence
Print signature
delivered in
STATE OF FLORIDA
COUNTY OF MIAMMI-DADE }
TEO
Address: 3915 N.N. 4 Terrace
Miami,FL 33136
L.S.
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
PETRONXLA MATEO, a mingle person, who is personally known to me or wh• produced
1 a,aff.! i%'o✓,e as identification.
W1'TH855 my hand and official seal in the Count d e est aforesaid this
•'l:r{ day of Ai 6�"- , 2005.
Notary Seal:
0:%ReelEetatelMAT80 ST HASREn
+ASTON R ALV
ZI!cMY GLeessS[0N 6 homa95
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int Notary Signature
Rnnk2 740/Paae2023 CFN#20050924774 Page 1 of 1
111111111111111111111111111111111111111111111
THIS INSTRUMENT PREPARED BY:
Mark Goldstein, Esq.
Wolfe & Goldstein, RA.
Bank of America Tower
100 S.E. Second Street
Suite 3300
Miami, Florida 33131
Tel: (305) 381-7115
Fax:(305)381-7116
Tax Folio No. 01 4105 008 0090
CFF 2005R0924775
OR Bk 23740 Pas 2024 — 2025; (2p9s)
RECORDED 07/01/2005 16:11=38
DEED DOC TAX 31,485.00
HARVEY RUVINb CLERK, OF COURT
MIA MI —LADE COUNTY) FLORIDA
WARRANTY DEED
vh
THIS DEED, made this -'day of August, 2005, between Francesco G. Santarnaria
a/k/a Francesco George Santa Maria and Aida Santamaria a/k/a Ida Santa Maria, his wife,
hereinafter referred to as "Grantors", and Hasred, Inc., a Florida corporation, hereinafter referred
as "Grantee" whose post office address is 3898 N.W. 7th Street, 4th Floor, Miami, Florida 33126.
(wherever used herein, the terms Grantors and Grantee include all the parties to this instrument
and the heirs, legal representatives and assigns of individuals, and the successors and assigns of Corporations)
WITNESSETH:
That the Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable considerations in hand paid to Grantors by said Grantee, receipt whereof, is
hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey
and confirm unto the Grantee the following described real property, and rights and interest in real
property located and situated in the County of Miami -Dade and State of Florida, to wit:
Lot 12, in Block 1, of DUR AM TERRACE,
according to the plat thereof, recorded in Plat Book 44,
at page 55, of the Public Records of Miami -Dade County, Florida
This conveyance is subject to the following:
1. Unpaid taxes for 2005, and subsequent years.
2. Zoning and/or restrictions imposed by governmental authority, if any.
3. Covenants, conditions, restrictions, easements, reservation and limitations of record, if
any, but this shall not serve to reimpose same.
TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or
in any way appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
The Grantors hereby fully warrant the title to the said real property, and will defend the same
against the lawful claims of all persons whomsoever.
Book23740/Page2024 CFN#20050924775 Page 1 of 2
OR Bk 23740 PG
LAST PAGE
IN WITNESS WHEREOF, Grantors have caused the execution hereof on the day and year
first above written.
ESSES:
Print Name: plarC Pr( /S ..) Francesco G. Santamaria a/k/a
Francesco George Santa Maria
Aida Santamaria a/k/a
Ida Santa Maria
STATE OF FLORIDA
t v c
) :ss
COUNTY OF MIAMI-DADE )
SWORN TO AND SUBSCRIBED before me thiP2
G. Santamaria a/k/a Francesco George Santa Maria, who
day of Au • ust, 2005 by Francesco
s personalty known to - or who has
produced as identification.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SWORN TO AND SUBSCRIBED before me
Santamaria a/k/a Ida Santa Maria, who is
as identification.
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Boak23740/Page2025 CFN#20050924775 Page 2 of 2