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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 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. CITY OF MIAMI 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. 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. 09-20-06 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). 1, Gilberto Pastoriza, Esq. and Estrellita Sibila, Esq. on behalf of 1260 South Venetian, LLC, hereby apply to the Miami Zoning Board for approval of a Variance at the property located at 1260 South Venetian Way, folio number 01-3232-001-0360. 1. The property/location listed does not have any open code enforcement/lien violations. NO 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) 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 dear 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). Rev. 09-20-06 2 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). 11. What is the acreage of the project/property site? 0.48 net acres 12. What is the purpose of this application/nature of proposed use? Variance of §401 R-1 Single Family Residential district regulations to allow a single family home with a maximum height of thirty three (33) feet above flood level where the code requires a maximum height of twenty-five (25) feet above flood level. 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3' 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. See attached letter of intent (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: (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: Rev. 09-20-06 3 (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 1,4 xl l ") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 18. Cost of processing, according to Section 62-156 of the Miami City Code*: a, CS, PR, R-1, R-2, (Single -Family and Duplex Residential uses) $ 250.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice (48 x 3.50) $ 168.00 TOTAL: $ 418.00 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_ eriifreficbeck,, cashier's check, or money order. Signature Name Gilberto Pastori a,-€Sq. Telephone (305) 854-0800 Address 2665 South Bayshore Drive, #420 Miami, Florida 33133 E-mail ppastoriza(a�wsh-law.com 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 ury 2006, by Gilberto Pastoriza. Esq. who is an agent of 1260 South Venetian, LLC a Florida limited liability company. He is personally known to me and who did (did not) take aj oath. (Stamp) Signature MARILYN SOMO➢EVILLA * MY COMMISSION # DD 222204 EXPIRES: Seplernber 13, 2007 BoacIe 7hn BOO Notary Services Rev, 09-20-06 4 CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the managing member of DCA Management, LLC, a limited liability company existing under the laws of the State of Florida, who is the manager of 1260 South Venetian, LLC (the `Company"), a limited liability company existing under the laws of the State of Florida, that the following is a true and correct copy of the resolutions adopted by the its members at a meeting held on Oc41-6.,L ' # _ 4 btu , at the offices of the Company. RESOLVED by the members of this Company that the Company consents to and joins in the tiling with the City of Miami an application for a Variance for the property located at 1260 S. Venetian Way, Miami, Florida (the "Applications"); and be it FURTHER RESOLVED that Gilberto Pastoriza, Esq. and Estrellita Sibila, Esq. of the law firm of Weiss Scrota Helfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents pertaining to the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this ` r r day of October, 2006 1260 SOUTH VENETIAN, LLC By: DCA MANAEMFT, LLC { { r Name: Managing Member State of Florida County of Miami -Dade 1 HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Richard Aronsky who is the managing member of DCA Management, LLC, a Florida limited liability company, which is the manager of 1 60 SOUTH VENETIAN, LLC, a Florida limited liability company, to me personally known [vi or produced identification in the form of , and who executed the foregoing resolution and acknowledged before me that she executed the same for the purposes herein expressed. WITNESS my hand and seal in the county and state last aforesaid, this 2006. •:.;;: Public State r# ;:.ammission DD52306' 2i2712010 Signature of Notary Public ay of October, AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this day personally appeared Gilberto Pastoriza, Esq. of Weiss Serota Helfman Pastoriza Cole & Boniske, P.A., who being by me first deposes and says: 1. That he is 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 represents have given their full and complete permission for him to act in his behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 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. Gilberto Pastoriza, Esq. Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 2006, by Gilberto Pastoriza, Esq. who is an agent of 1 260 South Venetian, LLC a Florida limited liability company. He is personally known to rye and who did (did not) take an oath. ... Gilberto Pastoriza {Stain Signature day ofOILiier 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) 1260 South Venetian, LLC t260 South Venet►an, LLC DCA Trust, LLC 00% Sole member` Richard Aronsky 50% anaging Me 'DCA Management, LLC sole manager 1 NassimDali-Bey Richard Aronsky 50% 50% Managing Member itlianaging !Vie be Subject Property Address 1260 South Venetian Way Telephone Number (305) 854-0800 E-mail Address raronsky cx,aronskylaw.com Nassi Dali-B 5.0 Managing Met 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 r f) 46t Owner Name •e_114 ice--' STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description Owner Signature The foregoing was acknowledged before me this day of 2006, by Richard Aronsky who is the managing member of DCA Management, LLC, a Florida limited liability company, which is the manager of 1260 SOUTH VENETIAN, LLC, a Florida limited liability company,. He is personally known to me and who did (did not) take an oath. (Stamp) Rev. 09-20-06 Signature Exhibit "A" Legal Description Survey of Lots 5 and 6, of Block 4, of "SAN MARCO", according to the Nat thereof as recorded in Plat Book 9, at Page 21., of the Public Records of Miami -Dade County, Florida, WEISS SEROTA HELFMAN PASTORIZA COLE 8c EONISKE, P.A. MITCHELL A. BERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE STEP-iEN J. HELFMAN GILBERTO PASTOR12A MICHAEL S. POPOK JOSEPH H. SEROTA SUSAN L. TREVARTHEN RICHARD JAY WEISSS DAVID M. WOLPtN LYNN M. DANNHEISSER IGNACIO G. DEL VALLE DOUGLAS R. GONZALES MELtSSA P. ANDERSON• LILLIAN ARANGO DE LA HOZ• JAMES E. BAKER JEFF P.H. CAZEAU RAQUEL ELEJABARRIETA VIA HAND DELIVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33131 ATTOR N EYS AT LAW MIAMI.OADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305.854-0800 TELECOPIER 305-854-2323 WWW.WSH-LAW.COM HROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954.763.4242 • TELECOPtER 954-764-7770 *OF COUNSEL October 2, 2006 Re: Application for Variance: 1260 South Venetian Way Dear Ms. Fernandez: PAUL S. FIGG CHAD FRIEDMAN GREGORY A. HAILE JOHN J. KENDRICK III KAREN LIEBERMAN• JOHANNA M. LUNDGREN ANDREW W. MAI MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURi CHRISTINA PRKIC JOHN J. QUICK ANTHONY L. RECIO SCOTT A. ROBIN GAIL D. SEROTA* JONATHAN C. SHAMRES ESTRELLITA S. S€BILA EDUARDO M. SOTO MICHAEL L. STINES JOSE S. TALAVERA STEVEN E. TAYLOR JAMES E. WHITE CLINTON A. WRIGHT III* Our firm represents 1260 South Venetian, LLC (the "Applicant") who is the owner of the property located at 1260 S. Venetian Way and legally described in the attached Exhibit "A" (the "Property"). The Property is zoned R-1 single family residential district. The Owner wishes to construct a single family home with a height of thirty three (33) feet from flood level where the code requires a maximum height of twenty-five (25) feet from flood level. In support of the application, the Applicant offer the following evidence on the points enumerated at Section 1903 of the City of Miami Zoning Ordinance. (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 Property is located on San Marco Island, one of the two islands in the chain of the Venetian Islands within the jurisdiction of the City of Miami. The Property is a waterfront Ms. Teresita Fernandez October 2, 2{)06 Page 2 lot which faces a single family district within the jurisdiction of the City of Miami Beach which allows a height limitations of forty five (45) feet, much higher that that allowed by the City of Miami. All of the islands east of San Marco Island have a forty five (45) foot height limitation. (b) The special conditions and circumstances do not result from actions of the petitioner in that: Since the Property is located on an island, it requires higher flood elevation that other properties situated within 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: The adjacent property to the west (1240 South Venetian Way) has an overall building height of NGVD fifty four (54) feet to the mean roof pitch. Additionally, other homes on the island within the R-1 district also benefit from increased heights beyond those allowed by the zoning code. See enclosed Resolution 2003-0757 approving a height variance allowing a single family home with a height of thirty four (34) feet from flood level to roof line for the property located at 1429 North Venetian Way. Finally, other houses in the vicinity of the Property, including those within the boundary of the City of Miami Beach benefit from increased height allowances. As such, this petition for a height variance would be compatible and in scale with the existing properties in the neighborhood. (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: See above. (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 Property has a flood elevation of nine (9) feet which requires the additional height requested. The proposed elevations and design elements will improve the prestige of the area as well as the vistas from the bay as well as from the MacArthur Causeway. (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 granting of the variance will be in harmony with the existing residential neighborhood and will improve the existing context. WEISS SEE.OTA HELFMAN PASTORIZA COLE & BONISKE, P.A. Ms. Teresita Fernandez October 2, 2006 Page 3 order. For the reasons outlined above, we believe the granting of the non-use variance is in Please call .me if you have any questions or require additional information. GPlms 1371001. cc: Richard Aronsky Very truly yours, Gilberto Pastoriza WEISS SEROTA HELFMAi•T PASTORIZA COLE & BONISKE, P.A. State of Florida Department of State I certify from the records of this office that 1260 SOUTH VENETIAN, LLC is a limited liability company organized under the laws of the State of Florida, filed on September 12, 2005, effective September 10, 2005. The document number of this limited liability company is L05000089301. 1 further certify that said limited liability company has paid all fees due this office through December 31, 2006, that its most recent annual report was filed on August 31, 2006, and its status is active. I further certify that said limited liability company has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Second day of October, 2006 *50"*-- Ce Secretary of State Authentication ID: 400080355824-100206-L05000089301 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. www.sunbiz.orglauth.html trclttl c 1` the 12,5 `mot:?t'1`11 Electronic Artie es of Organization For Florida Limited Liability Company Article 1 3rltlt El l.�:irll�ilit t'ss t _7arl _s t; E 1IAN. € LC Article 11 The Sheet <ad,lrL:ti of the principal t> 3 ee ofthe i.saatit 1 isiatn 17100 CC).LI.IN `tit:13E:7.b - (16 SINN NIX'S 13.1 C'11< 11.. 33160 The .nitiling address of the L.itnited 17100 Ct3I...L€N SUNNY ISLES BEACH. 11... 3.3R1) iv Coaxrp in S. Article 11.1 lli d'1 sv t,:C which tilt llt)11t �.1 Limb bilrt Company is trt'v..:rtitCC1 t:?: ANY .'S/N1-?SS. Article The ildrrlrt and Florida l -4reQt address RICHARD R. AAWNSK V. L'.,'. 17100 CC I:I S AVENUE i. E 205-.206 ti registeret .10t'.tlt L05000089 301 FILED B:00 AM September 12, 2005 Sec. Of State rnt oraia.s Having € :r3 cartrttrd ttS reg1S1C Cd agent I:aid to accept service of process L rr the above stated limited liability oornixtny at the place designated ill this e:eI litleate I hereby actxpl. the appointment as re i tered agent and ,it.zree to act in this c cl acit•,. i further alai-alai-X its comply \.vith the provisions tO all statutes ratting to the propa and eou pleie p.. r1 nnrancc army duties, yard I am Itirttiliar with and accept the obitgations t}i 10' position as registered agent. 1Z t*i i xcxl :3gon1 si 7a ilrtrJ; k:1Ct1A 1> AIU :SKY Article V 'the effect i:'a: dale for this itl ..irrtite:l.,ial?i1i€ 09_ 10 2005 Signature of member Ear Mtn atatltcs.repte rat tti 'A me atlflire 1:1C'li .ILI.? ARC?\S Y papally shall be: t1 L 111111111111 Mil 1111111111 11111 3111111111 t'LC)s'.i. Ci ct 3.31.. i11) WARRANTY DEED THIS INDENTURE, Made PINNACLE THREE CORP,, an I111nois corporation the County of Mtam -Dade , State of Florida 1260 SOUTH VENETIAN, LLC ch r .it,i f l i-._. South Venetian en Way, M:.i.am . ;Bi ..uu)!_ y of Miami -Dade 1'L3 <.€" .:f.i!' it €€,: t'€i1)F.I Rear:) , State of i.'..I..or da Grani_oos, WITNESSETH, That said grantor, for and in cons:Ldera'L.i.on of the sum of iL' ANP 00/ 0f;(;a z.0. 00) - ----------- Dollars, ed (le. good ,:and valuable coniderations Id said by said grantor in hard pa.c.i rini oo, the receipt whereof is hereby acknowledged, has granted bor.ga:i-nod and the said grantee, nud r)tee' , heirs and assigns forever, the described riibed land, ai.t-_=late, lying and bnil)q in Miami -Dade County, aid 6, Block 4, of 1300 MARrO, according to the al :-] id in Plat Rook n, at':. Page 21, of the Public Records of Miami -Dade County, Florida Taxes :for. the year 2005 and all subsequent:_ years. . Condit; ions, easements and limitations of record. N[-IM00R.: 0].--3Z3--001-0360 aid grantor hereby .1 r)l.ly warrant th0 t i.t:..! 0 to said land, anti same o the lawful chimes of ail persons whomsoo; er. s:.i.nc ]ar or plural, a _> ,oa,l_ek ' and .,z. anC__.`aare used for.- �: t.: IN WITNESS WHEREOF, grantor_ has hero!Ir,t e asd year ( ) ( -. taboo written. Printed Name of Witness � ... FLORIDA . ,. oer grantor's hand and sea..i. PINNACLE, THREE CC Byit'1 1 00i3 ChI,D )-E. ::11, 0reSi )Out 7.-755 Collins Ave., Apt. 3702 . Sunny isles, FL 33160 the dry 'f)ING INSTRUMENT was acknowledged before me this % day of J\,!( Y�)a,tky, 2005 by 1li;ON GOiD,TEIN, President. of Pink? i -r)who (or ar-e) personally known to me orwho has producod/ <.c> i.r1<,t1¢,:i_ticr3C..I-jri ._.__.. missing: expires: 4 oCa 06 I. KROO ,' ' :Notary Public - State of l J do "WtyCommiolone.ples Oct l 2cx 6 s s A ` Commission # dD 334430 ,,k N'`5 " Bonded BY Notional nal Notary Assn.