HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 71h Floor • Miami, Florida 33130
Telephone 305-416-2030 . Fax 305-416-2035
www.miamigov.com/hearing boards
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.
Rev. 09-20-06
I
Applications given to custo ers do not constitute action from theCity of Miami without
plans review and written comments from the Office of Zoning,
Rev. 09-20-06
2
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),
Keuwood Properties, LLC, Kevin. Vega, Managing Member
hereby apply to the Miami Zoning Board for approval of a Variance at the property located at
1701 NW 15 Street, Miami, FL -
folio number 01 -31 34-01 5-0540
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 3`d
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) 81/2x11"
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 dear 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.
(Attached)
9. Affidavit and disclosure of ownership of all owners and contract purchasers of the subject
property (see pages 5 and 6).
Rev, 09-20-06 3
10. Certified list cif owners of re& estate within 500 feet of the subject property (see pages 7 and 8).
11. What is the acreage of the project/property site? (+ I --) 13,620 sq e f t .
12. What is the purpose of this application/nature of proposed use?
Variance Approval
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 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 Tess 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. ( See Attached Exhibit "B"
1
(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:
Rev. O9-20-06 4
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.
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. All 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 fora certified heck, cashier's check, or money order.
Signature
Name
Telephone
Address
E-mail /6:i7s4
The application submittal date is the date stamped by Hearing Boards' staff on the front
page.
,9'°`Yoe` Sandra Linn Cruse
STATE OF FLORIDA 4..; z Cosisaisision # DD235 b%4
COUNTY OF MIAMI-DADS ' " rF Expires Aug. 5, 2007
" Bonded Thn, Atlantic tend* C, bac.
The foregoing was acknowledged before me this & day of
20 by
who is a(n ' i ua ner/agent/corporation of
Rev. 09-20-06 5
a(n)
individuallpartn rship/corporation. He/She-{s personally kn
as identification and who d
(Stamp)
Rev. 09-20-06
Sandra Linn C ignature
�ra�aisis�a�a # D023
Expires Aug. L, 2067
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6
ho has produced
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared
W. Chad Williard, Esq..
who being by me first deposes and says:
-I. 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, 0 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.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
W. Chad Williard
Applicant(s) Signature
Sandra Linn Cnhse
Cormisisien # D0235.04
'-J Expires Aug. 8, 2087
Bonded Tin Atlantis Bending Co, tic,
The foregoing was acknowledged before me this day of
20 i) , by
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She-is—P-e-rsonallyknowft-Ao me or who
has produced as identification and ake an oath.
Rev, 09-20-06 7
(Stamp)
Sandra Linn Cruse
Cormisisi0n # DD235004
Expires Aug. 8, 2007
d Thru eondisg Ce, loc.
Rev. 09-20-06
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 ar 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) Kevin V6qa - 50%
Emilio Vega - 50%
Subject Property Address(es) 1701 NW 1 5 Street, Miami, FL
Telephone Number 305-345-5002
E-mail Address
kevinvega44@hotmail.com
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 fists, if applicable.
Street Address Legal Description
N/A
W. Chad Williard, Esq.
Owner(s) ofoTheme •
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this
20 by
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me ar who
has produced as identification and wiAo did (did not) tak ath.
fj
r
(Stai3) Sandra Linn Cruse
commisision # DD23
rjj Expires Aug. 8, 2007
R"66,20,6rded Thru Mimic .°Itg isc• 9
day of
•
gnature
Exhibit "A"
Lot 25 less the East 10.00 feet and Lot 26 less the East 10,00 feet, Block 4 of "KEMWOOD"
according to the Plat thereof, as recorded in Plat Book 6, at Page 134, of the Public Records of
Miami -Dade County, Florida.
Exhibit "B
16, In support of the Application, please accept the following answers to points enumerated izn
Section 1903 of the Miami Zoning Ordinance.
(a)
The property owner initially filed plans for the proposed construction of a 9-story
condominium building for the subject property located at 1701 NW 15th Street. At the
tune, the property owner believed (in good faith) that said project could be developed as
a matter of right. During the processing of the aforementioned plans — and
unbeknownst to the property owner --- the City changed Section 907.3.2 of the Code,
which resulted in the creation of a new variance requirement for the proposed
development which did not previously exist. As such, but for this change in the code,
the property owner could have developed the property as of matter of right without the
need for this variance request.
(b) For the reasons described in Paragraph (a) above, the need for this variance resulted
from the City's actions in changing Section 907.3.2 of the Code — not through some
action (or self-imposed hardship) created by the property owner. In fact, had the
developer pulled permits for this project just months sooner than he did, this property
could have gone forward "as is", as a matter of right.
(c) A literal interpretation of the Code will deprive the Applicant of rights commonly
enjoyed by other property owners: the previous version of Section 907.3.2 resulted in an
interpretation that since the rear of the proposed building did not abut a residential
district, the setback requirements stated in Section 907,3.2 would not have applied;
however, upon the change in the Code to change the rule from just the rear of the
building the to rear, side or front (i.e. any property line abutting a residential district),
changed the interpretation such that — due to the fact that the proposed building's side
setback abutted a residential district, the aforementioned variance requiring the filing of
this application was created and, literal interpretation of this recently changed code
provision would deprive the property owner his ability to develop the property pursuant
to the proposed plans without the granting of this variance.
(d) Approval of this variance does not confer upon the Applicant any special privilege in
that, as explained above, any project developed under the prior rule could have made
similar use of its property as that proposed by the subject property owner/application.
(e) For all the reasons stated above, the granting of this variance is the minimum variance
that will make the aforementioned, reasonable use of the land possible in that it is the
minimum setback/height variance required in order to permit the development of the
proposed building.
(f) Granting a variance will be in harmony with the general intent and purpose of the
zoning ordinance and will not be injurious to the neighborhood in that the property
abuts a major section line road (NW 17th Avenue), adjacent to commercial buildings
and apartment buildings. Thus, it is in keeping with the spirit and intent of the zoning
laws of the neighborhood.
1 I11111111111111I 11111 11111 11111 111111111li11
This iti lrti ent was prepared by.:
Name: JORGE E. B1,ANC£l, ESQ,
1401 Ponce de Leon Blvd. Ste. 202
Coral Gables, Florida 33134
?ronerry Appraiser's Parcel Identification No.:
01-3134-015-0540 and 01-3134-015-0550
CFH 2 a04R00. 217 T
v4 Rk 21994 Ps 1 15; tips)
RECORDED 01/2 /2 iJ4 i `�!18t11
DEED DDC TAB. 2,400.0
SURTAX 1r500.f00
HARVEY RUViiii CLERK OF COURT
liAl1l-4ADE COMM FLORIDA
LAST RAGE
WARRANTY DEED
THIS WARRANTY DEED, Made and executed the i day of January, 2004, BETWEEN
ROGER HERNANDEZ and ANNA HERNANDEZ, his wife, whose post office address is
Miami, Florida, hereinafter called the Grantors, to:
KENTWOOD PROPERTIES, EEC, a Florida limited liability company, whose post office address is: 11405 NW
138th ST., Miami, Florida, hereinafter called the Grantee:
WITNESSETH that the Grantors, for and in consideration of the sum of TEN AND 00/100---Dollars, and other
valuable consideration, receipt whereof is hereby acknowledged, by these presents do grant, bargain, sell, alien,
remise, release, convey and confirm unto the Grantee, all that certain land situate in Miami -Dade County, Florida,
to wit:
Lots 25 and 26, less the East 10 feet, in Block 4 of KENWOOD, according to
the plat thereof, as recorded in Plat Book 6 at Page 134 of the Public Records of
Miami -Dade County, Florida,
This conveyance is made subject to:
1. Conditions, easements and restrictions of record if any, but shall not reimpose same by virtue of
this reference.
2. Real Property Taxes for 2004 and all subsequent years.
TO HAVE AND TO HOLD, the same in fee simple forever.
and said Grantors do hereby fully warrant the title to said land, and will defend the same agaiztst tawfui claims of all
persons whomsoever.
IN WITNESS WHEREOF, the Grantors have signed and sealed these presents the day and year first above written.
Signed, sealed, and de eyed in the
presence l•
e. —Ndine Print:
Name Print: e
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE )
THE FOREGOING INSTRUMENT was acknowledged before me this day of January, 2004, by
ROGER FIERNANDEZ and ANNA HERNANDEZ, who are personally known to me and or have produced their
, as identification.
WITNESS my hand and official seal in the County and State last aforesaid this /s day of January, 2004.
My Commission Expires:
NOTPUBLIC, State of Ftorida
3CRGE E, BLANCO
My Comm Exp. 81134[4
No. CC 960610
pt:Pmaluty Known ticsi— in