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HomeMy WebLinkAboutSubmittal-Public Hearing DocumentsCity of Miami Public Hearing Case No. 08-00153v SLICIATTED INTO THE PUBLIC RECORD FOR ITEM pz 1 ON (1414. Te-3- 00 - TABLE OF CONTENTS Notice of Appeal 2 P- Public tiearina Application Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk 3 PPtitinn Zoning Plans Reviewer Dornment Exhibit A Legal Deacription Warranty Deed Prior Warranty Deed Architectural Pla Article 4 Zoning District Code 1❑ 10-0D/0E Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. "Thompson City Clerk MESA GARCIA-MENOCAL PL A T T U R N G 1' :, A "I- I. ,\ \V rt. 1Rri ILL 1>i,A March 20, 2008 City of Miami Zoning Board 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 Miami City Commission 3500 Pan American Drive Miami, Florida 33133 City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 RE: Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk Notice of Appeal from Decision of Zoning Board Reyes/Tovar Residence Case No. 08-00153v Item No. Z.6 1520 NW 24th Avenue Miami, Florida Dear Sir or Madame: cell« ,- Sufic 115 1' IvA\ lu�Ili .crILI M1111111, 11. 33172 ',I15.Nb3.1(11111 . 31),3,86 3. 111 ! 7 MAR 21'08 PM 2:22 The undersigned represents Ms. Ivelisse Reyes-Tovar regarding the captioned property. Please consider this her Notice of Appeal of the decision of the Zoning Board on the captioned petition which occurred on March 10, 2008. The grounds for the appeal are as follows: (1) The Zoning Board did not have all of the documents filed before when it considered the application. Specifically, the Board could not locate a copy of the original survey which had been timely filed. In addition, the Assistant City Attorney on duty that evening could not locate copies of the undersigned's letter with supporting documents that included the lobbyist registration forms. Without these documents the Board did not have the information necessary to render a just decision on the substance of the matters. (2) The applicant did not receive a fair hearing because members of the Board walked out during the hearing and failed to hear all of the information presented. Members of the Board also began verbally fighting with each other with members leaving and returning to participate in the verbal jousting. The end result was that members voted to go against each other and not on the basis of the merits of the applicant's case. (3) The legal requirements of the hearing were violated. At one point during the presentation and '- consideration of the case, the Board did not have a quorum. Several members left and were not present when a motion was made. Some members returned without being present when the motion was made, and then voted against other members without knowing what they were voting for but for the purposes of opposing other members. The end result was a deadlock and a gross miscarriage of the due process rights of the applicant. The public display was so egregious and perplexing that at least one member noted and stated that the applicant had not received a fair hearing. (4) The Board failed to find that 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 came into 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. (5) The Board failed to find that special conditions were not caused by Ms. Reyes- Tovar since the structure was built in 1935 and has not been modified. Ms. Reyes-Tovar has never modified the structure since her purchase in 2004. (6) The Board failed to find that 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. This would be unfair since the City has had 73 years to find that a violation exists. Furthermore, the prior owner pulled permits for minor work which were granted without any allegation that a violation existed. (7) The Board failed to consider and find that 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. (8) The Board failed to consider that 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. (9) The Board failed to find that 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 original structures in the neighborhood. The character of the neighborhood was defused 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 respectfully request that this appeal be duly noted and scheduled in accordance with all applicable laws. In the event that any aspect of this notice of appeal is deemed legally or factually insufficient, the undersigned respectfully requests that the City immediately notify the undersigned so that any deficiency can be corrected on a timely basis. Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk L,rLL a C.uZ1c: `,lilt, I ;u ,A� lU'ih \��nu:. \li.III i, I L ;iI [ftUI. I jI") ;��.i,I 22".lucs. If�. I(L. I1LtL„ui Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33 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. 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. 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 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. 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). ► ®I CI Ivelisse Reyes Tovar, Owner O o ,g hereby apply to the Miami Zoning Board for approval of a Variance at the property located at .9 c O H 1520 NW 24 Avenue, Miami Florida 33125 C C gcn folio number 01-3134-022-0130 cN claco 1. The property/location listed does not have any open code enforcement/lien violations. QED 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) 81/2x11" 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). Rev. 09-04-07 2 11. What is the acreage of the project/property site? 8,251 SF 12. What is the purpose of this application/nature of proposed use? Legalization of existing structures 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 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: Ammo (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 '/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 rS nitted Into the public 18. Cost of processing, according to Section 62-156 of the Miami City Code*: recur in connec�on with item I'2 3 on 04 -01-0 3 ?riscilla A. Thompson City Clerk Rev. 09-04-07 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 $ 250.00 b. All other residential districts $ 450.00 c. All nonresidential districts $ 550.00 d. Extension of time for Variance $ 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. Signature i k47, L- Address 1520 NW 24 Avenue Name Ivelisse Reyes Tovar Miami, Florida 33125 Telephone (305) 519-2791 E-mail reyestovar(c�bellsouth.net 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 �Z nc.icc 20 cam' 5' , by (.C. PI1 �� t-o d 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,gath. fj (Stamp) IRMA M. FUENZALIDA MY COMMISSION #DD509971 EXPIRES: JAN 23, 2010 '!g= Bonded through 1st State Insurance Rev. 09-04-07 4 Signpture Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.3 on 04-24-08 AFFIDAVIT OF AUTHORITY TO ACT Priscilla A. Thompson City Clerk Before me, the undersigned, this day personally appeared Ivelisse Reyes Tovar , 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, ❑ 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. Ivelisse Reyes Tovar Applicant(s) Name STATE OF FLORIDA COUNTY OF NIIANII-DADE Applica ) Signature The foregoing was acknowledged before me this /'r day of - 7 20 D b , by / beet' yr) , 1// ? Q /i 6 A_ whois 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 aoath. (Stamp) Rev. 09-04-07 IRMA M. FUENZALIDA MY COMMISSION #DD509971 EXPIRES: JAN 23, 2010 Bonded through 1st Slate Insurance 5 Signal i r 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) Ivelisse Reyes Tovar Subject Property Address(es) 1520 NW 24 Avenue, Miami Florida 33125 Telephone Number (305) 519-2791 E-mail Address reyestovarbellsouth.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 Address 1520 NW 24 Avenue Legal Description Kays Grove PB 13-20 Lot 9+ Miami, Florida 33125 N21 FT of Lot 8, Blk 2 wner(s) orney Name Owner(s) or Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this % day of c Q n UCc Y �J 20 0 , by l e ivi } r"'J- U-P ij Za_ // 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) IRMA M. FUENZALIDA MY COMMISSION #DD509971 EXPIRES: JAN 23, 2010 Bonded through let Math Inelurenne Rev. 09-04-07 6 r� Signature Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk INSTRUCTIONS FOR PREPARING LIST OF PROPERTY OWNERS WITHIN 500 FEET You will be responsible for providing the documents below in order to meet the filing criteria. You will not need to obtain signatures from any of your neighbors at any time during the public hearing process. Below is the format required for preparing the ownership list of real estate properties within 500 feet of the property/location. If you have any questions, please call us at 305-416-2030. • Should you wish, you may obtain this information from a real estate consultant found in the yellow pages of your phone book. 1. COVER LETTER — Please use the format shown on the following page. The letter is to be signed by the certifier who composed the list. 2. MAP — A map of the property showing the radius —from the outside boundary of the site —indicating all properties within 500 feet. 3. OWNERSHIP LIST — The list should include the owners' name(s), mailing address, property street address(es) and legal descriptions, including individual unit owners of condominiums. This list MUST be provided in the format shown below. OWNERSHIP LIST Legal: Label: SUBDIVISION NAME (Plat Book/Page) Owner's Name(s) and Block Number, Lot Number, Mailing Address Street Address City, State Zip Code Example: A.L. KNOWLTON'S MAP OF MIAMI (B-41) Block 1, Lot 2 345 SW 6th Street JOHN SMITH 123 SW 4th Street Miami, Florida 33156 4. MAILING MATRIX — Three (3) sets of mailing labels showing ONLY the name and mailing address of all property owner(s) listed on ownership list, using one space per name. Be sure to observe the margins of each space. Please avoid duplication of labels where the same owner name with property address appears more than once. Rev. 09-04-07 7 Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk January 15, 2008 Date CITY OF MIAMI HEARING BOARDS P 0 BOX 330708 MIAMI, FL 33233-0708 Re: Property Owner's List Within 500 Feet of: 1520 NW 24 Avenue Street Address Kays Grove PB 13-20 Lot 9+ Legal Description N21FTofLot8, BIk2 Total number of labels without repetition: 196 This is to certify that the attached ownership list, map and mailing matrix is a complete and accurate representation of the real estate property and property owners within 500 feet of the subject property listed above. This reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. Rev. 09-04-07 Sincerely, Signature Ivlisse Reyes Tovar Name or Company Name 1520 NW 24 Avenue, Miami FI 33125 Address (305) 519-2791 Telephone 8 Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk tin MESA • GARCIA-MENOCAL PL l' i R\ G Y s ;1 '1- D1ANLEL Atztuir MESA nunrsat, I Saeeireia-mcno� LLcoo� February 4, 2008 City of Miami Zoning Board 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 RE: Petition Pursuant to Section 1903.2 Reyes/Tovar Residence 1520 NW 24th Avenue Miami, Florida Dear Sir or Madame: Lennar LeI1wr \\\ 1{}—th A�(mu, \ l i.un i. 1 1. 33172 T. 305.1-) .11/0U L. 305.86 3. 102_1 vcv�a.ntr�1 .L?Ca--m�nucal.0 )U1 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 came into 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. Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk (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 original structures in the neighborhood. The character of the neighborhood was defined in part by this home and other similar structures. Other homes in the area depeak 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 respectfully request that the special exception be granted so that Ms. Reyes-Tovar may continue to enjoy her home. If the board requires additional information please feel free to contact the undersigned at the Board's earliest convenience. cerely, y, �cr`i11� /Manuel Arthur Mesa Sub r rted 1rto the 'a reco dk) item 14W� a. .:ori _w dt 'u REYES/TOVAR RESIDENCE 1520 N.W. 24 AVENUE R-2 TWO-FAMILY RESIDENTIAL DISTRICT APPLICATION FOR SPECIAL EXCEPTION PERMIT SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE 11000 AND CITY CODE, AS AMENDED, AND ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. APPLICATION FOR VARIANCE SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE 11000 and THE CITY CODE, AS AMENDED, AND TO ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. The proposed development "REYES/TOVAR RESIDENCE" will be comprised of legalization of an existing laundry/storage room of approximately 266 square feet, and an existing study room of approximately 112 square feet. The study room when illegally constructed reduced the existing rear setback on the west side of property, from 9 feet 0 inch to 7 feet 0 inches. Therefore, a Variance is required to relax the terms of the ordinance on required minimum rear setback. Pursuant to Zoning Ordinance 11000, as amended, Supplement 16, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for REYES/TOVAR RESIDENCE at 1520 N.W. 24 AVENUE, MIAMI, FLORIDA, has been submitted and reviewed to allow an application for Special Exception Permit and a Variance to relax terms of the Ordinances on required rear setback, subject to all applicable criteria; SPECIAL EXCEPTION PERMIT, as per Article 11, Section 1106.1 (2), to allow alterations of principal structures which involve an enlargement and/or extension may be permitted as long as the degree of the structure nonconformity remains the same or is decreased and at least 50 percent of the square footage of the original building remains, subject to all applicable criteria; REQUEST for a VARIANCE, as per, ARTICLE 19, Section 1901, ARTICLE 4, Section 401, to allow a reduction of required setback as follows; Rear Setback Required 20 feet 0 inches Proposed 7 feet 0 inches Request to be waived 13 feet 0 inches Fr/sco ' . Gonzalez g Plans Reviewer Submitted Into the public reco in connection ,with item rZ• 3 ony-Z Priscilla A. Thomnso City Into nne it Pris A. laps y Clerk "Exhibit A" Property Address: 1520 NW 24 Avenue, Miami 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 Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk Sub d )* recor item.. City Clerk Prepared by and remin to: Manuel Arthur Mesa, PA 44, W. Flagler Street Suite 1575 Miami, FL 33130 305-863-1000 File Number. 04-0910 Will Call No.: 3058631000 111111I IIIII III1111111III11IIII1111111111IIH 69 20I I4RO821394 DR Ph 22b61'. Fs it 7i71i Masi 0ECUBPED 0q;'20;'2. 004 15:35v01 DEEP DOL TA;:: 1,290.00 MAR1E'r R(NIM, CLERK. OF COURT MIAMI-['rADE COUh1T't, FLOCIDA LOST FAH [Space Above This Line For Reeoretng Dria] Warranty Deed 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 Ivelisse Reyes -Toyer, 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 beirs, legal representatives, and ass,L0,s of individuals, and the successors and assigns of corporatimu, trusts end trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (810.00) 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 bereby 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 enctunbrances, ex apt taxes accnting subsequent to December 31, 2003. Ia'"�V tress WI ereof, grantor has beretmto set grantors hand and seal the day and year first above written. 1 Signed,\staled and d in our presence: Witness N Witness N The foregoing instrument was acknowledged before me this 161:11 clay of September, 2004 alter Urquiza, who is personally known or bas produced a driver's license as identification STATE 9 FLO':: D cou, Jr., f n ADF I HEREy1 Fpf tot) a l� ✓�L-!' .e- 1_`-e�.ol ��"k\ Notary Public HARVEY RUVI,d, Ety /a o canny 00.,71, Printed Name: My Commission Ex MY COMMISSION 8 CC 777575 x/ EXPIRES. Octobe F ..PL,C„`. 125.ee_ Doablenme. Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk Su ed re "ee MNIHER AND ON MICROFILM WHICH MEETS THE RECOMMENDED REOUIHEMENT or nit AMEHICAN NATIONAL STANDARDS INSTITUTE FOR PERMANENT MICROPHOTOCAAPHIC EPR000CT10HS. 2./ COURTHOUSE TOWER (e 4- LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT C L- 3 This Instrument was P1epa'ed by0 ivr: 15678PC3332 Name DAVID A. KOf1RIN, ESQ. Address 0900 LW, 207th Avenue #206 MIAMI, FLOMIDA 33176 t. : 1i:•t Namo Address Granter 111 S.S. No Granter N2 S.S. No Property Appraiser's Parcel Identification No. 01 31340220130 '92R332542 1992 OCT 15 11t35 DOCSTPDEE 330.00 SURTX 0.00 MARSHALL ADER, CLERK DADE COUNTY, FL WARRANTY DEED (STATUTORY FORM — SECTION 689112, F.S.) This Indenture, made this 2nd day of October 19 92,IBetween. Howard J. Jensen, as Personal Representative of the Estate of Yolanda Jensen, deceased, and individually, whose post office address Is B66 E. 2nd Street , So . Boston, Mass 02127 of the County of Suffo)k ,State of Mass. ,grantor',and 'Walter Urquiza, a single man whose post office address Is 1520 N.W. 24th Avenue, Miami, Florida 33125 of the ounty of Dade State of Florida C Witnesseth that said grantor, for and in consideration of the sum of ten ($10. 00 ) , grantee•, Dollars, 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 granter, and grantees heirs and assigns forever, the following desaibcd land,aituate, lying and being in Dade County, Florida, to -wit: a. 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 Dade County, Florida. This is not the Plumes Lead of the Grantor, and that he in- tact resides at: Reward Jensen 866 East 2nd Street • South Boston, fleas 02127 acrieora z seeoo �ii. f;,,,noa„°eO'h++aoas Q°ri tlf CirO°!P Coij8 Co1114 SUBJECT TO MORTGAGE GIVEN BY GRANTEE TO'JEFFEFSCN NATIQJAL BANK, SECURING THE ORIGINAL PRINCIPAL SUM OF S52,200.00. 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" arc u In Witness Whe • anior has untoe grantors and and seal the day and year first above written. SEgnexi ir. .. a e i, ur rat WUness) Printed or typed na ;or singular or plural, as context requires. (Seal) Grantor Sae-' Printed or typed na m'' Howard J Jensen (Seal) (Second Witness) / / Grantor Punted or typed name: f/ f'/ t lj / e" Printed or typed name ..- STATE OF.49.13Sr•c i., •. o-t/f - COUNTYOF .Si, 4!6, iL THE FOREGOING INSTRUMENT!' was acknowledged before me this .ti' ` I day of CI- 1 zi 4-, s l I 19byHoward J. Jensen, as Personal*,whoss(orare)personallyknowtLeoniagrwho. " . produced flirryS .,,/,-.;t• J/ <..-...e, c l "C as Identification and who did (d41 (ytakeanoetii:., w iser-J. - N. 56- 7/ Cep') (; . . eJ r - u e My commission expires; T _ , 3 .<45 , . -Q.(�f ev - . r�—e- r/.' --e-, i w : i .*Representative of the Estate of . Notary Public ,: .. V : '""' Yolanda Jensen, deceased, and Printed, typed, or stamped name:• �• •''.; l:. gl•L.a = individuall!, MAUREEN E.,IUc[?OFdAt H, E5gj �' ,C`� 104 DORCHESTER STREET -SOUTH SOSTON, MA.01122 (`S keY) F-T62 (mv. 121p1) 1 'IaaID A:it3 uosduiog1 •fir uiiiaspd 80-7Z-PO uo £•Zd ulaq uoi.Iaauuoa ui p.zoaaa anignd mil onu! paijruigns 0 - µEMI ucsa • �, r aI Sub e recor to 1. WEST ELEVATION 3. NORTH ELEVATION 4. PARTIAL BLDG. SECTION (LOOKING EAST) 2(JajJ 4IJ uosdiuogZ 'v elltasiad 80-17Z-170 uo £'Zd mu31! g3!At uoilaauuoa ut paoaa.i aggnd ag1 oEu! pall!uigns SITE PLAN ■ 5. PARTIAL BLDG. SECTION (LOOKING SOUTH) GROUND'ELOOR PLAN 4 ZONING LEGEND • Fri mac, AR, r0 BE IRERRAR,9 AF REYES / TOVAR RESIDENCE FL.R BLAB 'BBB BLAB A,AmPEmsoa I4 er RE419]n erns eEmYoN RRSVOI dr BAB . v`HECKEOBY"' GATE 034.4.1 511EET A-1.0 1 i ij rCl C. 1 01 Y t] t...1 `t. LAJINIIN kJ 1J10 110141, 1 J R-1 Single -Family Residential. Intent and Scale: Areas designated as single-family residential allow single-family structures with a density of uff to one (1) unit per typical lot size. The typical lot size has a minimum dimension of fifty (50) feet of frontage by one hundred (100) feet of depth, except in specifically designated SD-18 areas. This category allows a maximum density of approximately nine (9) units per net acre. Allowed within this district, and subject to specific limitations, are supporting services such as places of worship, primary and secondary schools, daycare and community based residential facilities. Intensity: Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk Minimum lot size: Five thousand (5,000) square feet. Setbacks: Front - twenty (20) feet; side - five (5) feet; rear - twenty (20) feet for principal use structures and ten (10) for accessory use structures. Minimum lot width: Fifty (50) feet. Height: Maximum of twenty-five (25) feet from flood level or average sidewalk elevation, whichever is higher. Floor area ratio: Maximum of six -tenths (0.60) times the gross lot area. Building footprint: Maximum of four -tenths (0.40) times the gross lot area. Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area. Green space requirements as set forth herein are based on gross lot area, however all such required green space must be provided on the subject property or the property's net lot area. Green space requirements may not be fulfilled on public or adjacent lands as used for gross lot area calculations. Permitted Principal Uses: 1. One (1) dwelling unit per lot of record. 2. Homes of six (6) or fewer residents which otherwise meet the definition of Community Residential Home, (as defined in Article 25) when located at least one thousand (1,000) feet from any existing Home of six (6) or fewer residents which otherwise meets the definition of Community Residential Home, measured from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility. 3. Adult daycare centers shall be permitted for four (4) or fewer adults, subject to the requirements and limitations of section 935, Adult daycare centers. 4. Occupancy of private pleasure craft as living quarters, and housebarges are prohibited except those private pleasure craft and housebarges specifically permitted on the Miami River by section 941 as listed in Attachment A, Ordinance No. 10932, adopted October 24, 1991; one (1) housebarge may be added to the dwelling unit -per lot of record in 1 (above). Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, including specifically: 1. Detached garages and car shelters (see section 908.6). 2. Garden sheds. 3. Private piers, docks and boathouses (see section 924). http://library 1.municode.com/default/DocView/11251/1/3/7 2/4/2008 till1l ,11 `t. LV1N11V1J Ill J11\1L1J 4. Wet dockage or moorage of two (2) major private pleasure craft in connection with any residential use permitted, plus one (1) for each fifty (50) feet of water frontage (as measured lot line to lot line in a straight line) exceeding one hundred (100) feet in R-1 districts, or fifty (50) feet in R-2 districts. Occupancy of private pleasure craft as living quarters is prohibited. Housebarges are prohibited. Conditional Principal Uses: Conditional principal uses shall be by Special Permit only subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Specifically: 1. Adult daycare centers shall be permitted by Class II Special Permit for five (5) or more adults, subject to the requirements and limitations of Section 935, Adult daycare centers. 2. Child daycare centers shall be permitted by Class II Special Permit for up to twenty (20) children, and by Special Exception for over twenty (20) children, subject to the requirements and limitations of Section 936, Child daycare centers. 3. Places of worship, primary and secondary schools by Special Exception Permit. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to principal uses and structures, only by Special Permit subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Specifically: 1. Home occupations shall be permitted only by Class II Special Permit (see Section 906.5). 2. Garage or yard sales shall be permitted only by special garage and yard sale permit in accordance with section 906.10. 3. Permanent active recreation facilities located in side yards or front yards accessory to uses in residential districts shall be permitted only by Class II Special Permit. 4. Temporary special events involving outdoor gatherings at churches, schools and the like, to the extent not otherwise licensed, regulated and controlled under other regulations of the city, shall be permitted only by Class I Special Permit. 5. Personal wireless service facilities subject to the criteria specified in section 949. Offstreet Parking Requirements: Dwellings: Dwellings, minimum two (2) spaces per unit. et 2 'b Daycare centers: One (1) space for the owner/operator and one (1) space for each -• 'b a employee. In addition to providing offstreet parking, such establishments shall provide ; a safe and convenient facilities for loading and unloading clients including one (1) sa 2 • unloading space for every ten (10) clients cared for. lc> - ►3 N oc eD ... Community based residential facilities and adult congregate living facilities: See section 934. Home occupations: One (1) additional space reserved for the employee. Places of worship, primary and secondary schools: As for G/1. For places of worship, a reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, when such facilities are located within one thousand (1,000) feet of a mass transit station or mass transit stop. No other parking reduction may be used in conjunction with this provision. Sign Regulations: http://library 1.municode.com/default/DocView/11251/1/3/7 2/4/2008 pytcuut...,r, LUIN INkJ 1J1011.11,1 rage . gat -t See Article 10 for sign regulations and limitations. R-2 Two -Family Residential. Intent and Scale: Submitted into the public record in connection with item PZ.3 on 04-24-08 Priscilla A. Thompson City Clerk Areas designated as two-family or duplex residential allow the construction of up to a two -unit residential structure (either attached or detached) on a typical lot. The typical lot size has minimum dimensions of fifty (50) feet of frontage by one hundred (100) feet of depth. This category allows a maximum density of eighteen (18) units per net acre or approximately two thousand five hundred (2,500) square feet per unit. Allowed within this district, and subject to specific limitations, are supporting services such as places of worship, primary and secondary schools, daycare and community based residential facilities. Intensity: Minimum lot size: Five thousand (5,000) square feet. Setbacks: Front - twenty (20) feet; side - five (5) feet; rear - twenty (20) feet for principal use structures and ten (10) for accessory use structures. Minimum lot width: Fifty (50) feet. Height: Maximum of twenty-five (25) feet from flood level or average sidewalk elevation, whichever is higher. Floor area ratio: Maximum of six -tenths (0.60) times the gross lot area. Building footprint: Maximum of four -tenths (0.40) times the gross lot area. Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area. Green space requirements as set forth herein are based on gross lot area, however all such required green space must be provided on the subject property or the property's net lot area, green space requirements may not be fulfilled on public or adjacent lands as used for gross lot area calculations. Permitted Principal Uses: 1. One (1) dwelling unit per lot of record or two (2) dwelling units per lot of record. 2. Homes of six (6) or fewer residents which otherwise meet the definition of Community Residential Home, (as defined in Article 25) when located at least one thousand (1,000) feet from any existing Home of six (6) or fewer residents which otherwise meets the definition of Community Residential Home, measured from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility. 3. Reserved. 4. Occupancy of private pleasure craft as living quarters, and housebarges are prohibited except those private pleasure craft and housebarges specifically permitted on the Miami River, by section 941 as listed in Attachment A, Ordinance No. 10932, adopted October 24, 1991. Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, including specifically: Same as for R-1 Single -Family Residential. Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. http://library 1.municode.com/default/DocView/11251/1/3/7 2/4/2008 Akin-LE4. LU1N11V l7 1J.1.3 11t11, 1 J rag'c `t ui `t Same as for R-1 Single -Family Residential; and in addition: 1. Community Residential Homes, as defined in Article 25, when located at least one thousand two hundred (1,200) feet from any existing Community Residential Home and five hundred (500) feet from any single-family district measured from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility, pursuant to Section 934, only by Class 11 Special Permit. Conditional Accessory Uses: Same as for R-1 Single -Family Residential. Offstreet Parking Requirements: Dwellings: Same as for R-1 Single -Family Residential. Child care centers: Same as for R-1 Single -Family Residential. Community based residential facilities: Same as for R-1 Single -Family Residential. Places of worship, primary and secondary schools: As for G/I. For places of worship, a reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, when such facilities are located within one thousand (1,000) feet of a mass transit station or mass transit stop. No other parking reduction may be used in conjunction with this provision. Sign Regulations: See Article 10 for sign regulations and limitations. Submitted Into the public,' recorAl in,connection item . 3 on 0' -Z-I Priscilla A. Th City peck; http://library 1.municode.com/default/DoeView/1 1251/ 1 /3/7 2/4/2008