HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, r Floor 4' Miami, Florida 33130
Telephone 305-416-2030 ® Fax 305-416-2035
WNW.rriamigov.com/hearing boards
PUBLIC HEARING APPLICATION FOR A
VARIANCE
Welcome to Hearing Boardst 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 V! 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 resoiutions/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 Varia.nc is a relaxati n 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).
Andrew f3. Mefck
hereby apply
to the Miami Zoning Board for approval of a Variance at the property located at
1644 South Miami Avenue Miami F 33129
folio number 71-4139-012-001O
The property/location listed does not have any open code enforcernenttlien vations.
2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6)
months from the date of application.
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 8`h 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 8' through the 2O of each month. Zoning will not be accepting first-time review plans
after the 2O t day of the month.
5. After obtaining signatures from the above departments, two (2) 11x17" arid 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- r7 2
11, What is the acreage of the project/•
12, VI/hat +s the purpose of this applicati
site? 0.1791 acres
nature of proposed use? Carport (Porte
is the property within the boundaries of a historic site, historic district cheological zone?
Please contact the Planning Department on the 3'd Floor for information. No
14.1s the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the Ya 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:
Please see attached sheet.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
Please see attached sheet.
(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:
Please see attached sheet.
(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:
Please see attached sheet.
(e) The Variance, if granted, is the minimum Variance that wi
use of the land, building or structure in that:
Please see attached sheet.
ake possible the reasonable
(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 othenuise detrimental to
the public welfare in that:
Please see attached sheet,
17, Ail 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,
Rev. 09-04-07 3
(a)
HEARING BOARDS
444 SW 2'xi Avenue, 7" Floor * rvliarni, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
PUBLIC HEARING APPLICATION FOR A
ARIANCE
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.
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:
This property is located at the NW corner of South Miami Avenue and SW 17' Road. There
are nine sidestreets between SW 15th Road and SW 25th Road extending from South Miami
Avenue to deadends at either the 1-95 or Metrorail right-of-ways, SW 17Road is the ONLY
one of these sidestreets which does not have two pedestrian sidewalks, one on either side
of the street. There is NO sidewalk on the north side of SW 17th Road, the sidestreet which
the proposed carport would face. In fact, the swale between SW 17th Road and the property
line is occupied by ten large hardwood trees, estimated 50+ years old, growing in a line
parallel to the sidestreet, Therefore, not only will the proposed carport NOT encroach on a
pedestrian sidewalk —because there is no sidewalk —but also the proposed carport would
be effectively screened from the sidestreet by this treeline. This is a UNIQUE situation in
this neighborhood.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
There has NEVER been a pedestrian sidewalk on the north side of SW 17th Road. The
reason there is a line of ten mature hardwood trees in lieu of a sidewalk is undoubtedly due
to the fact that this is the ONLY private property on the north side of SW 17' Road. The
remainder of the north side of SW 17th Road forms the southwest boundary of Simpson
Park.
(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 setback of the property line, and proposed carport, from the street is 20 feet, the same
setback that exists with buildings on other corner properties in the neighborhood, e.g.1710
South Miami Avenue (Please see photographs in Exhibit B) and 1744 South Miarni Avenue
(Please see photographs in Exhibit C), The proposed carport is an open structure, which
Rev. 09-04 '07
means it will riot restrict lines of sight from the street_ or encroach upon the street at street
ievei, other than that restriction or encroachment created by the three support columns, The
buildings at 1710 South Miami Avenue and 1744 South Miami Avenue, by contrast,
encroach upon pedestrian sidewalks and, as closed structures, eliminate lines of sight
completely, in other words, not only do THESE TWO PROPERTIES ALREADY ENJOY
THE SAME RIGHT FOR WHICH I AM APPLYING, in fact they exceed the right for which ';
am applying. Again, the proposed carport will not encroach upon a pedestrian sidewalk, the
proposed carport will be no closer to the street than existing buildings on similar properties,
and the proposed carport will do less to reduce open space and restrict lines of sight than
existing buildings on similar properties.
(d) Granting the Variance requested will not confer on the petitioner that special prig liege
that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same
zoning district in that:
Every other property in this neighborhood is bordered by a pedestrian sidewalk. This
particular property —and ONLY this property —Is not bordered by a pedestrian sidewalk, never
has been, and unless the removal of ten mature hardwood trees is undertaken, never will
be. Therefore, granting the Variance will not confer a special privilege because NO OTHER
PROPERTY IN THE NEIGHBORHOOD CAN CLAIM THE SAME SITUATION. There are, in
fact; existing buildings in the neighborhood, also on corner properties, which are set back
from the street no farther than the proposed carport. (Please see photographs in Exhibits B,
C, and D.) There are also existing carports on interior properties in the neighborhood with
zero setbacks from their respective property lines, (Please see photographs in Exhibit E.)
(e) The Variance, if granted, is the minimum Variance that will rz ake possible the reasonable
use of the land, building or structure in that,
Any setback of the proposed carport whatsoever from the property line will make the
proposed carport too narrow. Vehicles would not gain complete coverage under the carport,
and vehicles would not be able to negotiate turns into and out of the carport without hitting
the support columns.
(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 general intent and purpose of the Zoning Ordinance as it applies to this case is twofold:
1. to prevent the encroachment of structures on the street and pedestrian sidewalks,
and
2. to maintain adequate open space and visual lines of sight between structures and
the street, pedestrian sidewalks, and structures on adjacent properties.
Because there is no sidewalk on the north side of SW 17' Road, the question of the
proposed carport encroaching on a sidewalk is academic. Secondly, the proposed carport,
an open structure, maintains the same setback from the street as that maintained by
existing dosed structures an other corner properties. (Please see photographs in Exhibits
B, C, and D.) in addition, the proposed carport will be largely screened from the street by a
line of mature hardwood trees. (Please see photographs in Exhibit D.) Finally, as an open
structure, the proposed carport will not restrict lines of sight from the street at street level,
thus maintaining the open space that exists throughout the neighborhood.
Rev 09-04-07
18. Cost of processing, according to , 62-156 of the tvliarni City Code:
a, CS, PR, R-1, R-2, (Single -Family and Duplex Residential uses) 250.00
b. Piers, docks, wharves and the like, for each Variance from the
ordinance; per lineal foot $ 45.00
Minimum $ 700.00
c. All applications for Variances relating to the same structure shall be
assessed a single fee to be calculated per square foot of gross floor
area of the proposed structure or addition, based upon the definition
of gross floor area found in Section 2502 of Zoning Ordinance 1 0
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. Ali 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, cashier's check, or money order.
Signature Address &441
Name A77/'
Telephone 3e125 E-mail
The application submittal date is the date stamped by Hearing Boards' staff on the front
page.
STATE OF FLORIDA
COUNTY OF M1AMI-DADE
Tne!oregoing was acknowledged before Trie this day of ;
20 (, z,,, , by i...1-1." ' ; , 1 r,, ,,,..,,,
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
did (did no) take an oath.
(Stamp)
VANE
COMMISSION 4 DO 13.91e10
EXPIRES:July 11, 2011
Bonded Thr,.! War/ Put*c Urtdarvpqatl. j
)
Signature
Rev. 09-04-07
4
AFFIDAVIT OF AUTHORITY TO ACT
Before me. the undersigned, this day personally appeared
ho 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
Florida, affecting the real property located in the City of Miami, as described and
listed on the foregoing pages of this affidavit and made a part thereof.
2. That all owners who he/she represents, if any, have given his/her full and complete
permission for him/her to act in his/her behalf for the change or modification of a
classification or regulation of zoning as set out in the foregoing petition, 0 including or
❑ not including responses to day to day staff inquires.
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of
which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction
with this affidavit are true and correct.
Further Affiant sayeth not.
Applicant(s) Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicants) Signature
The foregoing was apknowledged before me this
20 , by
who is a(n) individual/partner/agent/corporation of
a(n) individuailpartnership/corporation. He/She is personally known to me or who
has producedv7 ion and who did did not) take an oath.
VANE
Y COMMISSION a DD 681010
EXPIRES; -My 1 °; 201 I
ad7hruN;,tary'PubGcUndarh;ito,
day of
(Stamp)
Rev. O9 O4-07
5
DISCLOSURE OF OWNERSHIP
List the owner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of ail 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, andiar any other
interested parties, together with their address(es) and proportionate interest are
required. Please supply additional lists, if applicable,
Owner's Name(es) r re t�J
Subject Property Address(es)
D i
3 e
Telephone Number
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
/17/,4
� - t//, .
Owner(s) or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
Owner(s) or Attorney Signature
The/foregoing was acknowledged before me this
=;
20 ,by y;
who is a(n) individual/partner/agent/corporation of
a(n) individualipartnershiplcorporation. He/She is personally__ known to me or who
has produced n,= as identification and who did lid not fake an oath.
day of
(Stamp)
Signature
Rev. 09-04-07 6
EXIIIBTT
PROPERTY ADDRESS: 1644 SOUTH MIAMI AVENUE, MIAMI, FLORIDA 33129
LEGAL DESCRIPTION
LOT "A" AND THE SOUTHWESTERLY 2 FEET OF LOT "B' , IN BLOCK 45, OF RACKLEY'S RESUBDWISION, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 18, AT PAGE 61, OF THE PUBLIC RECORDS CV AMI- DADE
COUNTY, FLORIDA, SAID 2 FOOT STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT A POINT ON THE COMMON BOUNDARY UNE WHICH SEPARATES LOTS 'A" AND "B", BLOCK 45,
RACKLEY'S RESUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, AT PAGE 61, OF THE
PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, WHERE SAID BOUNDARY LINE INTERSECTS THE STREET LINE OF
SOUTH MIAMI AVENUE, THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTHERLY LOT UNE OF LOT "B", FOR A
DISTANCE OF 2 FEET TO A POINT; 'THENCE IN A NORTHWESTERLY DIRECTION ALONG A UNE WHICH IS PARALLEL TO
AND TWO FEET EASTERLY FROM THE COMMON BOUNDARY LINE SEPARATING LOTS "A" AND "B", TO A POINT ON
THE NORTHERLY LOT LINE OF LOT "B"; THENCE WESTERLY ALONG THE NORTHERLY LOT UNE OF LOT *Er , FOR A
DISTANCE OF 2 FEET TO A PONT ON THE COMMON BOUNDARY UNE WHICH SEPARATES LOTS "A' AND "8'; THENCE
IN A SOUTHERLY DIRECTION ALONG THE COMMON BOUNDARY LINE WI-I1CH SEPARATES LOTS "A" AND "8" TO THE
POINT OF BEGINNING.
TRACT "A"
(82- 70)
(ITV OFWANII
LOSIHM, OF (: NWFRAFJOr PROVIDED (.) COMMITTED FOR AC;REENIENT TO
St'll'Ola W1`1111101,1) OILIECTION
The (..r.11.,1 01 Mia01an> pC150T1 or entiiy requestini,4 approval rclief Of other action Non the City Commission or any o1 lti;
boon:15, tiutherinniis, councils or committees, to disclose a; t1e. et:;0bli1CDCCIlleilt tor continuance)01 the heiiiring(s) On the
issue, any 1:OnSidC6atiOilp11. 1 ided or committed, dirib' or on iLs behalf, to any entity or person 01 an agreement to support or
v;iithhoiti objection 10 1lic retpsteilti approval.. relief or action . "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promiise o ot any money, property, service, credit or financiai assistance of any kind or ValiR, whether direct or
in -Tile -Li. or al 1 11.0 1.11 to provide any or 1 111 0L01 1 the future.
ni u 1 1 tr.:: a principal n lobbyi5t dellined See. 2-653, and appeasiugic4 before the C(1nuriission t)r
anv of its boards: tioilioritie.s. agencies, councils or committees solely in the eapoeity or a lobbyist and not as the apprur,iant, or owners
legal cprelentativu al"L` k 11Iiircdto rill out this 101M.
ROMP ADDRESS:
4dre 1,4=.
isi. Name.)
(Middle)
44 ;LA
0(.4 I. II 04,7 ;
(Last Name)
(Address Line 1)
(Address Line 2)
CITY: STATE: Florida ZIP:
HOME PHONE: :305 e3-1-305 CELL PHONE:
EMAIL: e (4) . e7yr1
BUSSiNESS or APPLICANT or ENTITY NAME
BUSINESS ADDRESS:
FAX:
(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.
Z C3,1 ,1k1Q
cirinv1C
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?
ti 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. No.:86543
Additional EkJ
4. Please describe tire. IE/aitt t Of the d tea3
5. Describe what is iaeira a-ci,s cste(l ija aaclraan,s:'for t
eer number of the pet -so
e consideration.
tact has been pro itlt
.ACJ<NOWLEDCEMENT 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 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 application or order.
PERSON SLiBmi l _ iNG L SCLOsURE:
Sworn to and subscri1;,_;f before me this
_._..........
iriSTYt-1diFC'7d ,,,�E'Ci,S abi,:nt a'eoged before me by
as id 'nJJi ctt on aad o
STATE OF
CITY O
MY CO
EXPIRE
Enclosures
Signature
Print Name
day of
, 200 . The:foregoing
who has produced
s personally knoi.-rr to me and who did!did nor Fake an oath.
Pant Name
..Doc, No.:56543
Page 2