HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2n" Avenue, 7th Floors Miami, Florida 3313E
Telephone 305-416-2030 • Fax 305-416-2035
miaiov.cm!heaboards
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).
Maria and Enrique Abilleira
hereby apply to the Miami Zoning Board for approval of a Variance at the property located at
4 5 0 SW 2 Street. Miami Florida 33144
folio number 01-4001-019-0401
The property/location listed does not have any open code enforcement/lien violations.
2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6)
months from the date of application.
3. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or
engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
4. Original plan needs to be stamped, dated and initialed by Hearing Boards designee first and
then by (1) Public Works on the 8th Floor, (2) Zoning on the 4th Floor and (3) Planning on the 3rd
Floor, prior to submittal. Note: Plans are to be submitted to Zoning for first time review starting
from the 8h through the 201h 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) 11 x17" and one (1) 8//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?
12. What is the purpose of this application/nature of proposed use? Accessory Building to Garrade
13. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3ra Floor for information. No
14. 15 the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. No
15. For all corporations and partnerships indicated, the following documents are to be submitted;
a) Articles of incorporation:
b) Certificate from Tallahassee less than one (1) year old showing good standing;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
16. In support of the application, please supply the following evidence, on the point enumerated in
Section 1903 of the Miami Zoning Ordinance. Note: This application will not be accepted
unless items (a) through (f) below are complete. Please list evidence to be produced and use
additional sheets, if necessary.
(a) Special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the
same zoning district in that: The Accessory building is a sound structure where I want my
work area and storage.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
The accessory building was existing at time of purchase.
(c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner
in that: The existing structure has been part of this residence since 1996 a total of 17 years.
Storage and work areas are necessary and enjoyed by other properties.
(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: There are other properties with the same need and this will keep the property
neater and properly maitained.
(e) The Variance, if granted, is the minimum Variance that will make possible the reasonable
use of the land, building or structure in that: The set back granted will allow the existing
structure to remain and still meet reasonable land use and all other code complaince.
(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: The structure is in the interior of the property and does not
interfere with the public or any neighboring issues.
Rev. 09-04-07 3
18. Cost of processing, according to Section 62-156 of the Miam,i City Code*:
_-_----_-- -----ii.\
/---
a. CS, PR, R-1: R-2, (Single -Family and Duplex Residential uses) $ 250,00 )
/
b_ Piers, docks, IA/naives and the like, for each Variance from the
ordinance, per lineal foot
Minimum
$ 45 00
$ 700 00
c. Al! 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. Al! other residential districts
c. All nonresidential districts
d. Extension of time for Variance
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
$ 250.00
$ 450.00
$ 550,00
$ 500.00
$ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars
(800.00), except from agencies of the City; such surcharge to be refunded to the
applicant if there is no appeal by the applicant or from a property owner within five
hundred (500) feet of the subject property.
*Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.00, shall be
paid in the form of a certified check c s er's check, or money order.
Telephone (30S
7
E-mail
Vir
The application submittal date is the date stamped by Hearing Boardsstaff on the front
page.
STATE OF FLORIDA
COUNTY OF MIAM1-DADE
The foregoing was acknowledged before me this /7 day of
20 / , by A fi
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 oath.
(Stamp
Rev. 09
CiEtss) NAWAEZ
ry Ptiati,c - State ot Ftorklo
Dec 10
mmson # DO 372133
t, I s s Barseted.bv.Wttanot Notary Assn.
4
Signature
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared
, 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 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, la/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,
Applicant(s) Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
IK
Ap licant(s) Signature
The foregoing was acknowled ed before me this
20 T , byr"`s _{
who is a(n) individual/partner/agenticorpora'ition of
a(n) indivi pht,nrflnratiran He/She is
s, /���f�' }} ```` known to me or who
has product d.�`=`PF® r fic tion and who did (did ;not) take an7oath.
(Stamp)
s E A
mission 4 00 380598
Sy Nabonal Notary As
Sig ure
Rev. 09-20-O6
5
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 theft addresses) and proportionate interest are
required. Please supply additional lists, if applicable.
Owner's Narne(es) Maria Abilleira 50%
Enrique Abilleira 50%
Subject Property Address 5990 SW 2nd Street Miami,. Florida
Telephone Number 786 -486 9994
E-mail Address
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
5988 SW 2nd Sreet, Miami, Florida
Legal Description
Naranla Nook PB9-59 Lots 4&5
Blk-6 on the records of Miami -Dade
0 ner(s) or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
County
Owner(s) or Attorney Signature
The foregoin was acknowledged before me this day of s`
20 0 7 , b )i / i // /1r? t 1 f dt
who is a(n) individual/partner/agenticorpor ion of = ,=.€),f / 6 A f=`
a(n) individual/partnership/corporation. He/She is personally known to me or who
has produce on and who did (did not) take an oath.
(Stamp)
Signature
Rev. 09-04-07
IE`
L3EG\L DESCRIPTION:
LOT 2 & 3 BLOCK 6, OF MARANJA NOOK, ACCORDING "I'O THE PLAT
THEREOF AS RECORDED I:) IN PLAT BOOK 9, PAG(:. 59, OF THE PUBLIC:
RECORDS OF MIAMI-DADE COUNTY. Y, FLORIDA
ADDRESS:
5990 SW 2 STREITI`, MIA.MI , 33144
111111111111111111111111111111111111I111I 1111
Rztutr, c�; Ze m;L:a� aeYar4'er��x�r ;ana asrr
C 8 C 'rtTLE AGE Y.
AdGress: 9416 SUNSET L}' JV , SUITE 200
AlfRM4, FIcn ids 33173
iris hVSli EtNbr'tarewe'
0NSUELC FERNANDEZ,ESa
r<d tPr. to & C TITLE AGENCY, lI1/41C,
9415 SUNSET OR1VE, SUITE 2i
MIA1V14. FL 33173
a rooeM13 AppAiserc Proc9l MIKELMcatnA (Gaci y-,nb.R.) 0 r � 1 "P` D'T'„,)
C.,e1;s4fs; S C /,W
@tamp MANIA k'LTE,ii@,
SPACE A. OVE THe.9 LNG FOR P-P,ESSNQ CATA
WA
CFI! 2004-R0O38 97
CtP Ek 214E2 Ps 42 2; (lass?
RECORDED 01/1 /2O04 14;54t31
GEED Da TAX i P 200,CO
HARVEY RUVU4 CLERK OF CDUR
1IArlI—DADE COUNTY, FLORIDA
LAST PAGE
SPACE APO"'/E'THIS LINE FOR FECOPENG DATA
Ni 1 DEED ( STATUTORY FORM - SECTION 689.02, E S_,
This Indenture, made this / S day of December 2003 , Between
ABBY D. MEDINA, an unmarried woman
of the County of MIAMI-DADE , State of Florida , a!hor", and
MARIAABILLEIRA AND FMUQUE ABTTirPIRA, her husband
whose post office address is , 5 9,i J jUL.L ; 1- ki e ns of the County of MIAMi-DADE , State of Florida , grantee*.
FI 33i44
itnessetb that said grantor, for and in umsideratian of the sum of Ten ........................................... .... .... Dollars, and
other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in MIAMI-DA.D9 County, Florida, to -wit:
LOTS 2 AND 3, BLOCK 6, NARANJA NOOK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 9, PAGE 59, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
and said grantor does hereby fully warrant the title to sand land, and will defend the same against the lawful claims of all persons
whomsoever_
'and "grantee" are used for singular or plural, as context requires.
In Wltne ; er of, grantor has hereunto set grantor's hand and seal the day and year fart above written.
Signed sea'd and deli e t in our or se ca
,lines avasrs
Pmted
�s �;
Y D. MEDSNA
cci9odt....) Z 11r
post Office Addus,
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this / tf day of Dees er., 943, by ABBY D. M EDINA, an
unmarried woman, who is personally known to me er who has produced a DRIVER' CENS as identification and did take an
o8th.
My Commission Expires'
NOT
Print Name.
State of Florida at Large (seat)
Beak21982/Page3252
Page 1 of 1
CITY
DlS . t. [ € RE f) £; ? It)I:I£A )N PROVIDED OR commt7 "I t.t) I f>I GIME M ENT" I ()
SUPPORT OR INTI UUOLD OBJECTION
.l he of Miaim rt„, tares tiny.. person or entity requesting approval re
ion artiny or its
boards, authorities, agencies, councils or committees, to disclose at the cowl al;i1ee3n fYi. (or continuance) of the hear ng(s) 011 the
issue, any consideration provided or committed, Ciitectis or on Its behalf, to ,o tv or person for an agreement to support or
:v itill]C)id objection to the requested tipprtatal, relief or actiol - ' C.orn ideratti.in` inch any ,ill, payment, contribution, donation, tie,
commission, pPomisr`• 0r grant .0 arby iilt?llL\", property, sL- ice, credit or lni ni.lai assistance of any kind or value, whether direct or
implied, or any promise or •.t,recrr7(.;itto providle any of the foregoing in thefuture-
Ina al iduri. s retained or employ Co �.L a pl"inclptl., as a lobby lst as defined In Sec. 2-65J_ and appearing,he lnc the City Commission or
any of its boards, authorities, :agencies,, councils or committees si31LlV in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to till out this tdrn
HOME t
Enrique & Maria
(First Name)
Abilleira
EMddie) (Last Name)
5990 SW 2 Street
(Address Lire 1)
(Address Line 2)
Miami
Florida
/11': 33144
?i()ME hiit)Nt;: (305)266-0407 (iiL : >31IONl?: _ f_AX _
EMAIL:
13IJSSINIISS or;3PIi1.,ICANT or F\'I'1"1Y N::\1vl1:
BU STNFSS ADDRESS:
(Addtass 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.
Variance.
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?
FT 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.
;Doe. vo.55 43
3, l'ietise prostli. the rwme. widress a3a;d lriroiB , the person(s) or entities #o witom c nsid
or ecim lined.
;-31rilc..s c< ri b t,€ ! ` : on di, a :t page attached d to this Form.
4, Please slescril e the nature of the consideration.
5. Describe what is being requested in exchange for the consideration
1
Phorrie
,AC IONi [:f [ t:f;1I,};>\'.E' OF COMPLIANCE
1 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 civic 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 application or o
:SON SC1:OSL RE:
S1€ orrt ttr oriel subscribed before rue this dav , 200 ° The foregoing
rtrsrr`1 rn rat was t;c knvrr=J�adn£ bq fray rare by f ; < who has produced
a
as idenr.irerrrur..ziutor per,None...... ....Ai.t neerr /.; li-a cildfdid noi take err?
ti
///TW1/L t/( /4/5-
Print Name
STATE OF FLORIDA
Cs FY C)l: `IA I
MY COMM SSit)N
A€'IRES: