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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2nd Avenue, 7'r Floor 0, Karl; Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miarnigov.com/hearing boards PUBLIC HEARING APPLICATION FOR A VARIANCE Welcome to Hearing Board& 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. 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 I5 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, Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. 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 m and on the fifth da at 12:00 m. 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, 09-04-07 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). ivelisse Reyes Tovar, Owner hereby apply to the Miami Zoning Board for approval of a Variance at the property located at 1520 NW 24 Avenue, Miami Florida 33125 folio number 01-3134--022-0130 The property/location listed does not have any open code en€orcementilien 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 an the 8th Floor, (2) Zoning on the 4tn 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 20h 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. . 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). Rev, 09-04-07 2 11. What iw the acreage of the project/property site? 8,251 SF 12. What is the purpose of this applicationlnature of proposed use? izatic n of existing structures 13, Is the property within the boundaries of a historic site, historic distract or archeological zone? Please contact the Planning Department on the r 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 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 iist 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: See Attached (b) The special conditions and circumstances do not result from actions of the petitioner in that: See Attached (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: See Attached (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: See Attached (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: See Attached. (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: See Attached 17. An documents, reports, studies, exhibits (8 % 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*: Rev. 09-04-07 3 February 4, 2008 City of Miami Zoning Board 444 SW 2' Avenue, 7th Floor Miami, Florida 33.130 RE: Petition Pursuant to Section 1903.2 Rev-eslTovar Residence 1.520 NW 24th Avenue Miami, Florida Dear Sir or Madame: The undersigned represents Ms. ivelisse Reyes-Tovar regarding the captioned property. Please consider this her Petition pursuant to Section 1903,2 of the City of Miami Zoning Code requesting a special exception permit for her property located within the City. (a) Special conditions and circumstances exist which are peculiar to this property that warrant granting of the special exception. The structure is comprised of a single family dwelling which was originally built in 1935 in its present location_ The house is part of "KAYS GROVE" which was platted by William E. Kay in 1925 and constitutes one of the more historic .neighborhoods of Miami_ The property appears to have only been transferred twice. The original owner kept the property from 1935 until her death in the early 1990s. The Estate then transferred the property to Walter Urquiza, who subsequently sold it to Ms. Reyes-Tovar, its present owner. The construction was completed years before the present zoning code cameinto effect and represents setbacks consistent with structures being built at the time. The rear wall of the house has a setback of 7 feet which is similar to other structures in the area. (b) The special conditions were not caused by Ms. Reyes- Tovar since the structure was built in 1935 and has never been modified by Ms. Reyes-Tovar since her purchase in 2004. (c) Literal interpretation of the provisions of the zoning code would cause unnecessary and undue hardship on the petitioner since the present setback would deprive her of thirteen feet all across her home. In essence, the setback would be in the middle of Ms. Reyes-Tovar's kitchen. (d) Granting this variance would convey the same treatment to this owner as others in the area since several properties exist with similar setbacks, all built many years before the present zoning code. (e) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land since the variance would in effect permit what has actually been there for the past 70 plus years. The variance does not request permission for new construction beyond zoned setbacks; the variance requests legal acceptance of the historic setbacks for this home. (f) The grant of the variance is in harmony with the general intent and purpose of this zoning ordinance, and is not injurious to the neighborhood, or otherwise; detrimental to the public welfare for several reasons. First, the home was actually one of the of igir al structures it the neighborhood. Tne character of the neighborhood was defined in part by this home and other similar structures. Other homes in the area are also set back from the front of the property and the overall footprint of this home is in fact smaller than neighboring structures so that there is preservation of green areas on the lot consistent with the intent of present zoning. We respectru.11y- request that the special exception be granted so that Ms. Reyes-Tovar may continue to enjoy her home. lithe board requires additional inforrna io please feel free to contact the undersigned at the Board's earliest convenience. 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 dross 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. Ali nonresidential districts d. Extension of time for Variance Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Surcharge equal to applicable fee from items above, (800.00), except from agencies of the City; such applicant if there is no appeal by the applicant or hundred (500) feet of the subject property. $ 250.00 $ 450.00 $ 550.00 $ 500.00 $ 3.50 not to exceed eight hundred dollars surcharge to be refunded to the from a property owner within five *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. 7) i _ Signature -4.th',(.4 ,a4-37-IV-L._ Address 1520 NW 24 Avenue A / / Name lvelisse Ryes Tovar Telephone (305) 519-2791 Miami. Florida 33125 E-mail reyestovarbellsouth.net The apDlication submittal date is the date stamped by Hearing Boards' staff on the ont page. STATE OF FLORIDA COUNTY OF MIAMI-DADE • The regoing was acknowledged before me this day of 20 6, .by (' A ;f ? who is a(n) individualipartneriagent/corporation of individual/partnership/corporation. He/She is personally known to me as identification and who did (did not) take anath. / ' (Stamp) RMP M. FUENZAU 174‘=-N MY COMMiSMN .$00509v1 PESJAN 23, me inurance . . a(n) or who has produced 1 1 Signature Rev. 09-04-07 4 AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this day personalty appeared ivelisse Reyes Tovar , who being by me first deposes and says: 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 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. 4 / Ivelisse Reyes Tovar Applicant(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applica ) Signature _ `7•-) ki 7/ 6 .4 7,, 20 0 , by The foregoing was acknowledged before me this day of who is a(n) individual/partneriagenticorporation 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 aoath. (Stamp) Rev. 09-04-07 AMA M. RJENZAIJOA COMMiSSION *D0509971 EXPIRES: JAN 23, 2010 w.0scl thro# 1st Ratelnsuoice 5 SignatUre DISCLOSURE OF OWNERSHIP List the owners) 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 theft address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) ivelisse Reyes Toyer Subject Property Address(es) 1520 NW 24 Avenue, Miami Florida 33125 Telephone Number (305) 519-2791 E-mail Address reyestovarabellsouth.net 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 Addr NI ,Owner(s) dr Aorney Name Legal Des Owner(s) or Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ` day of 7/ 200 ) ,by ye"fr1n /i C1 f?? /a0/1 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 oat (Stamp) EN 0i;1MISSI N #00509971 EXPIRES; APB 23, 2010 qit roaugr 5to imuran= Signature Rev. 09-04-07 6 "Exhibit A" Property Address: 1520 NW 24 Avenue, M am Florida 33125 Legal Description: Lot 9 and the North 21 feet of Lot 8, Block 2 of "Kays Grove", according to the Plat thereof as recorded in Plat Book 13, at Page 20, of the Public Records of Miami -Dade County, Florida The fo,egoing instrument was acknowledged before me this 16th . =y of September, 2004 alter Urquiza, who is personally known or has produced a driver's license as identification FLORIDA, ERflF/ that fh:s e r Manuel Arthur Mesa, .PA 4-4, W. Flagler Street Suite 1575 Miami, FL 33130 305-863--1000 File Number; 04-0910 Will Call Nca:3058631000 JSpace Above This Line for Rec©r alai arras eed Cti €1-4F,Z1 '2 4 3 OR FA 2266P Ps 0I831; :.les RECORDED 9?/2Of2904 1535aOl DEED DOC TAX 12 0.00 HARVEY RUVIHr CLERK OF COURT iiIAMI-DACE COOMT`(, FLORIDA LAST PAGE This 'Warranty Deed made this 16th day of September, 2004 between Walter Urquiza, a single man whose post office address is 1001 NW 31 Avenue, Miami, FL 33125, grantor, and Iveli.sse Reyes-Tctvar, a married woman whose post office address is 910 West Avenue, Miami Beach, FL 33139, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of casrpuratiorns, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the stun of TEN AND NOf100 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: Lot 9 and the North 21 feet of Lot 8, in Block 2 of KAYS GROVE, according to the Plat thereof, as recorded in Plat Book 13, at Page 20, of the Public Records of Miami Dade County, Florida. Parcel Identification Number; 01-3134-022-0130 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 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, ex ept taxes accruing subsequent to December 31,2003. lxa'W�eas Signed, aled and •:;''d in our presence: ereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Witness Witness N:: e: STATE P HERE v,rgen.. 14,1 TN. am} . r^. HARVfY RUV1N,/414. V'c' nd Coum' C r; 35 Notary Public Printed Name: My Commission Ex MANUELA MESA .-s MY CCMMISSIOI1 # CC 977675 EXPIRES: October 25: 2004 CITY OFMJ Ml f L S ?i E OF ('ONSIDERATION PROVIDED OR COMMITTED FOR AGREE E-NT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any nersoi i r c,nt tr recutsting approaai reiie:f action from the Cit4 :<3mrraission or anti of its boards, authorities, agencies, councils or comrniUe(s, to disclose at the commencement (or continuances o the hearing(s)on the issue_ any consideration provided or committed, directly or on its behalf, to any entity ca person for an agreement to support or WithhOid ohinCtion io the requested approval, relief' or action_ "Consideration' includes any gin, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any °tithe forenoin3 in the future. Individuals retained or employed hs a principal as a 1obhvist as defined in Sec. 2-653, and appearing before the City Commission or any of its hoards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant. or owners' legal representative are not required to ?ill out this form. NAME: Ivelisse (First Name) Reyes Tovar (Middle) (Last Name) HOME ADDRESS: 1520 NW 24 Avenue (Address Line 1) (Address Line 2) CITY: Miami STATE: Florida ZIP: 33125 HOME PHONE: 3056330883 CELL PHONE: 3055192791 FAX: EMAIL: reyestovar©bel1south.net BOSSINESS or APPLICANT or ENTITY NAME BUSINESS ADDRESS: (Address Line 1) (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Legalization of an exisitng laundry/ storage room and an existing study room. The study room when illegally contructed reduced the existing rear setback from 9 ft to 7 feet, Therefore a variance and Special Exception is required_ 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES ® NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment if your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:S554 3, Please provide the name, address axrd phone number of the persi psi or enci or committed. a. whom c nsiderahas been provided Additional IiiliE e can be p.?aced on a 5 ate page attache d .i' this : bmi 4. Please describe the nature of the consideration_ 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the applicati©f or order. PERSON SUBMITTING DISCLOSURE:L/'_,-lJ oignaturre Ivelisse Reyes Tovar Print Name f ,Swore 7n and subscribed before me this der day of ,,/L ,e7U/C rL , 200The foregoing, e t t: instrument was acknowledged before me by, i�, 4,fL -Ez _ 3ilso has produced` L ,L ` -.cis idenrifcation andor is persa l�' know n t•o me and tic v t'clid not take an oath. i a i STATE OF FLORIDA CITY OF MIAMI MY COMMISlOjti EXPIRES: A. X. F N h- ,�uP Oeat5 Print Name Enclosure(s) 1Doc,No:85543 Page 2