HomeMy WebLinkAboutApplication & Supporting Docs`
HEARING BOARDS
4448\A/2» Avenue, 7mFloor Miami, Florida 33130
Telephone 3O5-41G-2D30°Fax 5D5-416-3O35
yvvvvv,mi@/niqaY.00nn/heuMnq _boards
PUBLIC HEARING APPLICATION FOR A
VARIANCE
--_��
Welcome bzHearing Boards! This application is intended to serve as a guide in acquainting you with our public
hearing process. By any mmamn, please feel fnya to contact us at the number above, should you have any
questions.
ORDINANCE NO. 11489. 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, BOAROS, COMMITTEES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (M|AM| CITY HALL),
LOCATED AT 3500 PAN AMERICAN DR|VE, K8)AK8I, FLORIDA, 33133. Copies of lobbyist documentation
with proof ofpayment must besubmitted with the complete application.
Ordinance No. 12918 states that each person or entity requesting approva|, relief nrother 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 inaue, any consideration provided or
oommitted, directly or on its beha|f, for an agreement to support or withhold objection to the requested approva|,
relief or action. The Diwc3qswmy of Consideration Provided or Committed for Agreement to Support or
Withhold Objection Affidavit included in this package must besubmitted with the application. The applicant
must, at the commencement ofany public hearing on the ioaua. if there is any disclosure to report, read the
disclosure into the record. Also, the applicant must supplement the affidavit if there in any new information or
additional information bodisclose.
The deadline to file the complete application with supporting documents is the first five workinq days (1-5) of
each month from 8:00 ammuntil 3:00 pm, and mnthe fifth dwv.at 12:00prm. The responses tothis application
must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the K8kam| Zoning
Ordinmnne, no application shall be deemed to have been filed unless and until the applications shall have been
completed. All pertinent and accurate information/documentation; ie,, the p|ans, naports, 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 Ukm, you could bring the nnubahe|s to
our office for staff review before the deadline to ensure the application is complete. Upon mmbmmittal, this
application must bmaccompanied with asigned Zoning Referral.
You will beresponsible, ifneeded, tobring aninterpreter for the English language toany presentation before city
bomrde, committees and the city commission. Avo|id power pfattorney will be required ifneither applicant or
legal counsel representing the applicant execute the application or desire to make o presentation before city
boards, committees and the city commission.
An additional fee to naonvd Zoning Board resolutions will be charged and it is determined contingent upon haea
charged at the time nfrecordation by the Miami -Dade County Recorder's Office ot22 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 tuour office. Copies of City Commission neen|uUons/urdinancesoen be obtained at
our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Applications givento customers donot constitute action from the City of Miami without plans review and
written comments from the Office ofZoning.
Rev.Vg-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),
Porfirio Milla
hereby apply to the Miami Zoning Board for approval of a Variance at the property located at
1727 SW 4th Street, Miami, FL 33135
folio number 01-4103-014-1450
The property/location listed does not have any open code enforcementllien violations.
2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6)
months from the date of application,
3. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or
engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing,
4. Original plan needs to be stamped, dated and initialed by Hearing Boards designee first and
then by (1) Public Works on the 8th Floor, (2) Zoning on the 4th Floor and (3) Planning on the 3`d
Floor, prior to submittal. Note: Plans are to be submitted to Zoning for first time review starting
from the 8th through the 20th of each month. Zoning will not be accepting first-time review plans
after the 20h day of the month.
5. After obtaining signatures from the above departments, two (2) 11x17" and one (1) 8"/.�x11"
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
1 What is the acreage of the project/property site? 00,11
12, What is the purpose of this application/nature of proposed use? Approve rear structure
Setbacks for future use as office.
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 3`d 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:
A 15ft front dedication is required by the city.
(b) The special conditions and circumstances do not result from actions of the petitioner in that:
Dedication is requested by the City of Miami.
(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: It will deprive them of the right of using existing structure, such as structures
grandfathered in, and on top of that the fact that a portion of the front yard, equal to 765sqft
that corresponds to 16% of the net land.
(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:
This variance will compensate for the land dedicated to the City in the front yard.
(e) The Variance, if granted, is the minimum Variance that will make possible the reasonable
use of the land, building or structure in that:
It is the least modification in order to comply with requirements, and which will allow
normal use to resume.
(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:
It's a structure in the back, not visible to the street or public, and a 6' CBS wall is
being placed around the property.
Rev. 09-04-07 3
Cost of processing, according to Section 62-156 of the Miami City Code*:
a CS, PR, R-1, R-2, (Single -Family and Duplex Residential uses) $ 250.00
b. Piers, docks, wharves and the like, for each Variance from the
ordinance, per lineal foot $ 45.00
Minimum $ 700.00
c. 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. All other residential districts
c. Ail 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
Name
Telephone
0
Address 1127 5w 41
t'rocr); �L .33)35
E-mail Pn-1 or, I f ?. Q.'\"
The application submittal date is the date stamped by Hearing Boards' staff on the front
page.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Th foregoing wak acknowledged before me this day of
20 by t i 0 a 1�
who is a(n) individual/partner/agent/corporation of a(n)
individual!partnership/corporation. He/She is personally known to me or who has produced
and who did (did not) take an oath. 7
(St
ECHAGAFI
f COMMISSION # DO 691936
EXPIRES: July 4, 2011
Bonded Tr_€u Noteri Puti_NC UnciNAntws
Signature
Rev. 09-04-07
4
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared
Porfirio Milla , 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, 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.
Cam'
Applicant(s) Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 3 day of
by
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
SUSANA ECRAGARRUA
MY COMMISSION # DO 691936
".9 EXPIRES: July 4, 2011
Bonded Th,u Notary Ptibk Underwrslers
5
15VOA
Signature
DISCLOSURE OF OWNERSHIP
List the owner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of all parties having a financial interest, either
direct or indirect, with respect to a presentation, request or petition. Accordingly,
disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their address(es) and proportionate interest are
required. Please supply additional lists, if applicable.
Owner's Name(es) Porfirio Milla — 100%
Subject Property Address(es) 1727 SW 4th Street
Miami, FL 33135
Telephone Number 305-631-1216
E-mail Address PMHOMECARE@yahoo.com
2. Street address and legal description of any property owned by any and all parties listed
in answer to question #1 located within 500 feet of the subject property. Please supply
additional lists, if applicable.
Street Address
None
i//
Owner(s) or Attorney $Ine
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
The foregoing was acknowledged before me this
y� F;1
who is a(n) individual/partner/agent/corporation of
a(n) individualipartnership/corporation. He/She is personally known to me or who
has produced as identification and who did (did not) take an oath.
) or Attoriey Signature
day of
(Stamp)
tYPu SUSANA E „HAOARRUA i
MY GOMMiSSION 4 DO S9193E 1
a;
,,�•, y�E, EXPIRES: ,July a, 201'
'•%;'';;�� � LcndedTrim Notary l=derwrtErs
Signature
Rev. 09-04-07
6
Exhibit A-
Porfirio Milla
1727 SW 4`h Street
Miami, .FL 33135
Folio# 01-4103-014-1450
Legal Description:
Lot 4, Less the North 100 feet thereof, Block 37, "IDLEWILD PARK, according to the
map thereof, as recorded in Plat Book 2, Page 87 of the Public Records of Miami -Dade
County, Florida.
11II1111111111111 I111I 1111111111111I1 till 1111
THIS INSTRUMENT PKEPAREi) BY AND RETURN TO:
LtniimitedTitle Group
7950 West Flagler Street Suite .104
Ivliami, Florida 33144
Property Appraisers Parcel identification (Folio) Numbcss: 01-4I03-014-I450
Space Above Th#c Linc For Recording D4Ed.
WARRANTY DEED
CFN 20O7F:o3.493Ol
Ole Ok 25512 Ps 1306; rive?
RECORDED 04/06/2007 11:22:57
DEED DOC IkX I r 414,fi0
IHARVEY RtJVIFir CLERK OF MR(
fIAi11-DA0E COUNTY, FLORIDA
LAST PAGE
TKIS WARRANTY DEED, made the ..501ay of morn-, , 2007 by ANA MERCEDES
JIMENEZ and JIUMBERTO JIMENEZ, WIFE AND HUSBAND AND ZENAIDA LARA, au unremarried widow,
whose post office address is 1837 SW 4 ST., Miami, FL 33135 herein called the Grantors, to .PORFIRIO C. MILLA, a
married man , whose pose office address is 1727 SW 4 STREET, MIAMI, FLORIDA 33136, hereinafter caned the
Grantee:
(Wherever used herein the terns "Grantor" and 'Grantee" include all the parties to this instrument and the heirx, legal represenrafises
and assigns of individuals, and the successors and assigns of cvrpruarinrry)
W 1 T N E S S E T 11: That the Grantors, for and in consideration of the sum of TEN AND 001100'S (S10.00) Dollars and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee all that certain land situate in MIAMI-DADE County, State of Florida,
viz.:
Lot 4, less the North 100 feet thereof, in Block 37, of IDLEWILD PARK, according to the Plat thereof as
recorded In Plal Book 2, at Page 87 of the Public Records of Miami -Dade County, Florida.
Subject to easements, restrictions and reservations of record and lases for the year 2007 and thereafter.
TOGETHER, with ail the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever,
AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that
the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the wit to said land and
will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances,
except taxes accruing subsequent to December 31, 20%,
IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents day and year first above written,
Signed, sealed and delivered in the presence of:
USf�
Witness #1 Signature '
'Iu3cak.na. !IV(' Witness #1 Printed N
ess 9,-Signature
Ricardo J. Mojica
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me thiso-F'day of CY'io-rs;h , 2007 by ANA
MERCEDES JIMENEZ and HIJMBERTO JIMENEZ and ZENAIDA LARA who are personally known to me
or have produced br+rterc C_ t s a as identification.
SEAL e. ,Ricardo J. Mnjica
t{pttptisitxt # DD33341tJ
el nee 2B,200 s Nota ubiic
treri�ran. `..a.+.r+ ru,.rrs,ur
Printed Notary Name
My Commission Expires:
File No: 07.155
Book255121Page1306 CFN#20070349301
STATE OF FLORIDA, COUNTY OF DADE
titfif81'LIMY mar t.i,; -'. Mfg toy
04441 ell file ill tkis Offiu:. € NZ:
HARVEY RUM, CieA of Cup 1��;,, '
Deputy . Wi/t�1.
Page 1 of 1
CITY OFMIAMI
DISC-) C:?SLiI I; OF f'(:.Y D1 RA"l'ION PROVIDED OR COMMITTED FOR ACRFF 'IF'NT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities_ agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed. directly Or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant or any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the -foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec_ 2-653, and appearing before the City Commission or
any of its boards, authorities. agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
HOME ADDRESS;
CITY:
HOME PHONE:
EMAIL:
BUSSINESS or APPLICANT or ENTITY NAME
(First Name)
(Middle) (Last Name)
(Address Line 1)
BUSINESS ADDRESS:
(Address Line 2)
STATE:
CELL PHONE:
Florida
FAX:
ZIP:
(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.
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?
El YES X 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 ansvv er questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc No.:85543
3. Please provide the name, address and plume number of the person(s) or entities to whom consideration has been provided
or committed.
Address
c.
Pbonea
Additional names can be piaced on a separate aac attached to this form.
4. Please describe tit€ nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
l 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 expir n of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Print Name
/1/ z
Stirorn to and szrn,scribed before me this eta of } ' , 200 . The foregoing
instrument was C1ckl rpwledged before me by `' .,.. ' � x' v� who has produced
as id'nr jicotion and -or is personally known to me and who did/did not take an oath.
STATE OF I'I,ORIDA
CITY OF MIAMI
�l
En
AECHAGARRUA
SIGN # OD 69 i 936
IRES; J0+0;i 4, 2011
i Nnt '; r Uulir. Und6rweles
Print Name
Page 2
Doo. No.:86543