HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
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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, 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/ordinances 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 the Office of Zoning.
Rev. 01-06-06
MIA 179469469v1 11/6/2006
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).
1, iris Escarra, as attorney on behalf of Angel Parets and Pablo Orozco, hereby apply
to the Miami Zoning Board for approval of a Variance at the property located at
Approximately 296 SW 7th Street, Miami, Florida , folio number 01-0205-010-1100.
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 eh 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) 81/2x11"
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 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? .34 acre (14,865 Sq. Ft.)
Rev. 01-06-06 2
MIA 179469469v1 11/6/2006
12. What is the purpose of this application/nature of proposed use'? A request for a setback
variance along the western and northern edge of the property on SW 3rd Avenue and
request for footprint variance.
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. Yes
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 all 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. In support of the application, please supply the following evidence, on the point enumerated in
Section 1903 of the Miami Zoning Ordinance. Note: This application will not be accepted
unless items (a) through (f) below 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:
The site is narrow due to the fact that portions along SW 3rd Avenue were dedicated for
Right of Way purposes. The property faces two streets which makes meeting the
required 10 foot setback and footprint, an impossibility without cutting into the river rock
located along the edge of the property.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
The petitioner did not create the narrowness of the site. Portions of the land were
dedicated for right-of-way portions.
(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:
The applicant would be deprived of a reasonable use of the land if they were not
permitted to construct the development as proposed which seeks to preserve the natural
river rock located along the property.
(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:
Granting this variance would not confer on applicant any special privilege.
(e) The Variance, if granted, is the minimum Variance that will make possible the reasonable
use of the land, building or structure in that:
The Variance is the minimum necessary to make possible the reasonable use of the land.
Rev. 01-06-06 3
MIA 179469469v1 11/6/2006
(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:
Granting this setback 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. The applicant is meeting all other requirements of the
Zoning Ordinance and preserving the beautiful natural rock located along the edge of
his property.
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.
18. Cost of processing, according to Section 62-156 of the Miami City Code*:
a. CS, PR, R-1, R-2, (Single -Family and Duplex Residential uses) $ 250.00
b. Piers, docks, wharves and the like, for each Variance from the
ordinance, per lineal foot $ 45.00
Minimum $ 700.00
c. 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 $ .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:
a. CS, PR, R-1, R-2
b. AU other residential districts
c. All nonresidential districts
d. Extension of time for Variance
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
$ 250.00
$ 450.00
$ 550.00
$ 500.00
$ 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 subject property.
*Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be
paid in the form if a cer if d check, cashier' heck, or money order.
Signature/ - Address 1221 Brickell Avenue
Name iris Escarra
Telephone 305-579-0737
Miami, FL 33131
E-mail escarrai(tr?gtlaw.com
The application submittal date is the date stamped by Hearing Boards' staff on the front
page.
Rev. 01-06-06
MIA 179469469v1 11/6/2006
4
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 1 day of NOVEMBER
2006, by Ins Escarra who is a(n),individual/partned,aaenticorporation of
a(n) individual/partnership/corporation. He/She is personail known to me or
who has produced as identification and who d did not) take an oath.
(Stamp)
Signature
ij
Rev, 04-06-05 5
MIA 179469469v1 11/6/2006
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared Iris Escarra who
being by me first deposes and says:
e 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 ail 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, 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.
Iris Escarra
Applicant(s) Name Applicant(s Signature
STATE OF FLORIDA
COUNTY OF MAN-DADE
The foregoing was acknowledged before me this
2006, by Iris Escarra 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 d (did riot) take an-nth-7
(Stamp) Sig
Rev. 01-06-06 6
MIA 179469469v 1 11/6/2006
day of NOVEMBER
Sep 17,
Commission $ 553129
rid By National Hots
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) Angel Parets and Pablo Orozco, each individually as to
50% interest
Subject Property Address(es) approximately 296 SW 7tn Street, Miami, FL 33131
Telephone Number (305) 672-5335
E-mail Address angelparetsahotmailcom
2. Street address and legal description of any property owned by any and ail parties listed
in answer to question #1 located within 500 feet of the subject property. Please supply
additional lists, if applicable.
Street Address Legal Description
NOOL
Iris Escarra
Owner(s) or Attorney Name Owner(s) or Attorney Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of NOVEMBER
2006, by Iris Escarra who is a(n) individual/partner/agent/corporation of
a(n) individualipartnership/corporation. He/She is personally known to me or
who has produced as identification and who did (did not) take an oafPi.
(Stamp) Signature
Q e,1 °y N..€song F.4�,a
Rev. 01-06-06 7
MIA 179469469v1 11/6/2006
SS P
EXHIBIT `°A"
LEGAL DESCRIPTION
ALL OF LOT 9 AND LOT 10 LESS THE RIGHT-OF-WAY IN BLOCK 51, CITY OF MIAMI SOUTH,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT NOOK "B" PAGE 41, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LESS THAT PORTION CONVEYED TO THE STATE OF FLORIDA BY VIRTUE OF DEED DATED
JANUARY 9TH, 1984 AND RECORDED IN OFFICIAL RECORD BOOK 12051, PAGE 817, PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 10; THENCE RUN NORTH 87°50'25" EAST
ALONG THE NORTHERLY BOUNDARY OF SAID LOT 10, FOR A DISTANCE OF 25.04 FEET TO
THE POINT OF BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND
HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF SOUTH
87°50'25" WEST; THENCE RUN SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY
ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE
90°05'39" FOR A DISTANCE OF 39.31 FEET TO THE POINT OF TANGENCY AND A POINT ON
THE WESTERLY BOUNDARY OF SAID LOT 10; THENCE RUN NORTH 02°15'14" WEST ALONG
SAID BOUNDARY FOR A DISTANCE OF 25.04 FEET TO THE POINT OF BEGINNING.
1111111111111111111(11111111I11111111111I 1111
Prepared ky n►d 0 13, m to:
Leslie L. Florez
Attorney at Law
LESLIE L. FLOREZ, ESQ.
782 NW Le Jeune Road Suite 350
Miami, FL 33126
305-448-8838
File Number: 06-9156
Will Call No.:
Parcel Identification No. 01-0205-010-1100
CFN 2006RO 97790
OR 244 24503 Pas 4865 - 4866i (299s)
RECORDED 05/04/2006 10:45:33
DEED DOC TAX 12,300,00
SURTAX 4r225.00
HARVEY RUVINp CLERK OF COURT
MIAMI--DADE COUNTYr FLORIDA
[Space Above This Line For Recording Dotal
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 20th day of April, 2006 between Elizabeth Sanz a/k/a Elizabeth Acosta, a married woman
,joined by her spouse Luis Alejandro Sanz whose post office address is 12710 SW 27 Terrace, Miami, FL 33175 of the
County of Miami -Dade, State of Florida, grantor*, and Angel Parets, a single man and Pablo Orozco, a married man
whose post office address is 5801 Collins Avenue, #1100, Miami Beach, FL 33140 of the County of Miami -Dade, State of
Florida, grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) 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,
situate, lying and being in Miami -Dade County, Florida, to -wit:
All of Lot 9 and 10, less Right -of -Way, in Block 51, CITY OF MIAMI SOUTH, according to the Plat
thereof, recorded in Plat Book "B", Page 41, of the Public Records of Miami -Dade County, Florida.
LESS that portion conveyed to the State of Florida by virtue of Deed dated January 9th 1984, and
recorded In Official Records Book 12051, Page 817, of the Public Records of Miami -Dade County,
Florida, more particularly described as follows:
BEGIN at the N.W. corner of said Lot 10; thence run N87° 50'25"East along the Northerly boundary
of said Lot 10, for a distance of 25.04 feet to the point of beginning of a circular curve concave to the
Southeast and having for its elements a radius of 25.00 feet and a tangent bearing of South 87°
50'25"West; thence run Southwesterly, Southerly and Southeasterly along the arc of said circular
curve to the left, through a central angle 90° 05'39" for a distance of 3931 feet to the point of
tangency and a point on the Westerly boundary of said Lot I0; thence run NO2° 15'14"West along
said boundary for a distance of 25.04 feet to the POINT OF BEGINNING.
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous
to or a part of homestead property. Grantor's residence and homestead address is: 12710. SW 27
Street, Miami, FL 33175.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons
whomsoever.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
0oublaTlanee
Book24593IPage4865 CFN#20060497790 Page 1 of 2
EIR EK 24503 PG 366
LAST PAGE
d delivered in our presence:
(Seal)
(Seal)
s Alejandro S
L_.1`cAA it%_
r= s s Name: 1 .�''fl ill?
State of Florida
- County of Miami -Dade
The foregoing instrument was acknowledged before me this 20th day of April, 2006 by Elizabeth Sanz and Luis Alejandro
Sang, who [_j are personally known or [X] have produced a driver's license as identification.
[Notary Seal]
NOTARY P135.1C-STATE OF FLORID&
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Warranty Deed (Statutory Form) - Page 2
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My Commission Expires:
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Book24503/Page4866 CFN#20060497790 Page 2 of 2