HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SVV 2" d Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 * Fax 305-416-2035
www.rniamigov.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.
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. G9-2O O6
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).
MANUEL VEGA, JR,
hereby apply to the Miami Zoning Board for approval of a Variance at the property located at
11 S.W. 59 Avenue, Miami, Fi. 33144
folio number 01-400.1--019-0020
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 8t 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) 8Y2x11"
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 ail 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).
Rev. 09-20-06 2
11. What is the acreage of the project/property site? 4 1 SQ. a.
. I
12. What is the purpose of this application/nature of proposed use?
12 Unit aota building
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 3zd 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.
(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. 09-20-06 3
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. Ali 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
$ 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 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 of a certified check, cashier's check, or money order.
Si
Narne,
Manuel Vega, Jr.
Telephone (305) 562-0644
ddress 122 Orquidea Avenue
Coral Gables, Fl. 35143
E-mail Vegalaseaol.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 a9.nowledged befpre me this
20 07 , by /P
who is •a(n) individual/ potation of
individual/partnership/corporation. He/She is personal
(Stamp)
day of // v
a(n)
known to me or whObas produced
as identification and who did (did not) t e an oath.
Rose Marie Vega
'*-1. MY CO}cossot# DD-24954 F...KME`?
fDecember 5, 20D7
Signature
Rev. 09-20-06
4
May 31, 2007
Evidence to Section 1903 of the Miami Zoning Ordinance
for 11 SW 59 St. Miami, Florida (A thru F")
A. The lot is zoned C-1 and is adjacent to an R-1 zoned lot. The lot is small for its zoning
classification and the owner would prefer to develop a structure that is not as tali as C-1
classification would be allowed. Increasing the lot coverage will result in a more proportional
area distribution without increasing the height of the building to an additional floor.
B. No special condition and circumstances are resulting from action by the petitioner.
C. Similar variances have been granted in C-1 zoned districts.
D. Similar variances have been granted in C®1 zoned districts.
E. Increasing the lot coverage will result in a more proportional area distribution without
increasing the height of the building to an additional floor.
F. Granting the variance will result in a more harmonious structure that will be in the intent and
purpose of the Zoning Ordinance, and will not be injurious or detrimental to the neighborhood or
the public welfare in that the variances requested are minimal and will not significantly change
what is allowed.
Mr. Manuel Vega Jr,
Berry Rincon Studio Inc.
CIO Mr. Juan E. Berry
FL. Lic. AA 26000659
454 SW 25Th Road
Miami, Florida 33 129
E Mail brstudioa@aol.corri
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared Manuel Vega, Jr.
, who being by me first deposes and says:
That he/ Rhg 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, Honda, 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/W to act in hisktgx 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.
Manuel Vega, Jr.
Applicant(s) Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
icant(s) gnature
The foregoing was acknowledged before me this 2nd day of May
20 07 , by Manne1 Vega, Jr.
who is a(n) individual/parteteriegantkorgetratianinf
a(n) individual/partnership/corporation. He/She is -personally known to me or who
has produced as identification and whpiclid4clisl -flot)A ke an oath.
(Stamp)
Rev. 09-20-06
Rose Mar4 VegQ
MYCOMMISSfON# D249534 EXPIRES
December 5, 2057 5
0PIEFE0 TkCY FAN NZ [,'P.AFFZE j.?F-
Signature
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.
Owner's Name(es) Manuel Vega, Jr
Subject Property Address(es) 11 S.W. 59 Avenue, Miami, Fl, 33144
Telephone Number (305) 562-0644
E-mail Address Vegalaw°aolo 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 lists, if applicable.
Street Address Legal Description
Manuel Vega, Jr!
Owner(s) or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owe"er(s) or Attorney Signature
The foregoing was acknowledged before me this 2nd day of May
20 07 ,by Manuel Vega, Jr.
who is a(n) individual/
a(n) individual/partnership/corporation. He/Sheis_personally known to, me or who
has produced as identification and who did (did not) take an oath.
(Stamp)
Rose Marie Veg
MISSt0N # DD249534 5 p#R5b
Decembers, 2)07
Rev. 09-20-06 6
Exhibit A
Subdivision Naranja Nook According to the Plat thereof as recorded in the Plat Book No, 9 at
Page No. 59 of the public records of Miami -Cade County, Florida,
Property Address: 11 SW 59 Ave. Miami, Florida 33144
IN i-IE ClIR.C:;
R.M.IA I-.IDA.DI C
IN RE: ESTATE E OF
ZOR_AI D A VEGA,
Deceased.
Ul Im IN`(.AND
TN"1Y, FLORID
PROBATE DIVISION
Case No.: 03-5700
Division: 03
ORDER FOR DISTRIBUTION OF ESTATE
ASSETS IN ACCORDANCE WITH AGREEMENT
RECORDED
APR 3 0 2004
Clerk of Circuit
& County Courts
THIS CAUSE having come before this Court on the Petition of MANUEL VEGA,
JR., ESQ., as personal representative of the Estate of ZORAIDA VEGA, for the enter of an
order for distribution of estate assets in accordance with agreement, and the Court funding that
the estate has been fully administered except for the distribution of assets, it therefore, is;
ORDERED AND ADJUDGED that:
1 The Petition for Distribution of Estate Assets in Accordance with Agreement is
hereby granted.
2. The personal representative of the estate is hereby authorized to make distribution
of all the assets of this estate pursuant to the agreement executed by all the heirs as follows:
a. Sergio Vega shall receive, the funds currently on deposit with Bank of America,
under account number 910-000-2372-4819, with the approximate balance of
$24,792.04, and account number 0001-2004-0878 with the approximate
balance of $16,114.5 3. Bank of America is hereby authorized and directed to
release all funds in this account to Sergio Vega.
b. In addition, Seri e a shall receive the monies under Manuel Vega, Jr.'s
account held Bank account number with an approxiz balance
of $93,800.���,
IRA K11s1SLER
a F. REC
22214iPGi658
>�. Sergio \` g¢ and.: 1mUe1 Vega, jr. herby agree, that . `is e? Vega; jr. shall
simple ' i. S.W.59`e. Avenue, Miami, Florida,
receive illy` I[3 i(:� slls?. " C to the !h(.)S11C: at a
which was decedent's homestead and vv"ith the following legal description:
The South 66 feet of Lots 1, 2, and 3. in Block 1, ref NA.RA JA NOOK, according to the Plat
thereof, recorded in Plat Book 9, at ]'age 59, of the Public Records of Dade County, Flo ida
d. Sergio Vega agrees that anue1 Vega, jr. shall be the personal representative of
the Estate of Zoraida Vega. Sergio Vega agrees to simultaneously hereto
execute his consent to the appointment of Manuel Vega, Jr. as personal
representative of the Estate of Zoraida Vega, sign a waiver of preference of
personal representative, and sign a consent to distribution in accordance with the
terms of this agreement and a disclaimer as to the decedent's homestead
described in 5c above.
e. There is currently a claim for malpractice pending in the Circuit Court of Dade
County, FI., Case No: 02-2440 CA 09 to which decedent was the sole
beneficiary. Sergio Vega and Manuel Vega, Jr. hereby is directed to divide any
net settlement or suit proceeds equally between them.
Any other SUMS received from Social Security for death benefits shall be equally
divided between them. _
DONE AND ORDERED this day of j/ % v' 2
cc: Enrique Zamora, Esq.
Mr. Sergio Vega
Manuel Vega, Jr., Esq.
STATE OF fX OI A .
COUNTY OF DBE `e yq y
HE `EBY CFR i iF t that the filropoant.� is a true an.
L'om'aE t copy of the ,. ,?a! cr] .`isv this office.1n"n Er. y h4nti ar:,�^',Of;i.,}: . '`::S.....,....cday
IT RT JUDGE
Judge Maria M. Korvick
t . REG lc
22214 PG1659
I
elAAHCO'FORM S IPHO O)
Made this 7 day of October
BETWEEN
BERTHA L. WHITE , a sin le woman
of the CDunty of DADE
, . D. 1971
in the State of FLORIDA
` NUEL VEGA and ZORNPDA VEGA, his wife
11 S. W. 59
pwl ies 4.1
DADE
venue
in the State of FLORIDA
Miami, Dade County, Florida
part,
whose post office
i.rf• „e'.seori...,of..
R GOOD ND J E CONSIDERATIONS Dollars,
to her in hand paid by the '€ paart ies of the second port, the receipt whereof is hereby acIrwwl-
ed, ha ve granted, bargained, and sold io t e said part ies of the second part, their Heirs
and assigns forever, die following described land, situate, and being in the County of Dade
State of Florida to -wit:
The South 66 feet of Lots 1, 2, and 3, in
Block 1, of NARANJA NOOK, according to the
Plat thereof, recorded in Plat Book 9, at
Page 59., of the Public Records of Dade
County, Florida.
Subject to restt°ctions, conditions, limitations and easements of record, if any,
.. -d :ranc: elld:, to es fcr the Year 1971 .
of the first part do es hereby fully warrant the title to said land, and will defend die
tvfud claims of ail persons whomsoever,
�1 f, The said partY of the first part ha S hereunto set her
the lay and year first above fora±tern.
STATE OFR FLO IDA,
COUNTY OF DADE
$ HEREBY CERTIFY that on this aiay, before ate, en
officer daily s.uthorized in, the State aforesaid and in the County aforesaid to take acknvwtedgreents, personally
BERTHA L WRIT
5tide
ubject to restric
cvnd park the receipt whereof
of the second
ng an the Cin my of
to -wit;
The South 66 feet of Lots 1, 2, and 3, in
Blcc 1 1, of NA A JA NOOK, according to the
Plat thereof, recorded in Plat Book 9, at
Page 59, of the Public Records of Dade
County, Florida.
w
"o
ss hereby nano
their heirs
Dade
ns, conditions, limitations and easements of record, if
inances .aid taxes for. the Year 1971®
Said _ Y of the first part do es here y ;
acne against the lawful claims of all personas whomsoever.
In li#s 1
hand and sealf the day
Signed,
STATE OF FLORIDA,
COUNTY OF DADE
officer duly authorized in the
nya
he tine to saki w-e : , and will defend the
The said part Y of the first part ha $ hereunto set her
year first above written.
the presence of
I HEREBY CERTIFY that .on this day, before roe, an
State aforesaid and in the County aforesaid to take acknowledgments, ply appeared
'BERTHA L. WHITE , a single woman
to me known to be the person described in and who executed the foregoing instrument and she
before me that E'he executed the same.
WITNESS my hand and official seal in the County and State lastfaf a aid than
October A. D. 19 71
Notary Public, State of Flori
My Commission expires
This Instrument r;:te : na bya
Adare This Instrument was Prepared by:
Y�ALTER S. C. ROPERS, Attorney At Law
516 S, W. 12th Avenue
lorida
acknowledged
staff of,