HomeMy WebLinkAboutApplicationDEPARTMENT OF HEARING BOARDS
444 SW 2" d Avenue, 7th Floor + Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
PUBLIC HEARING APPLICATION FOR A
VARIANCE
Welcome to Hearing Boards! This application process is for your reference and review.
It is intended to serve as a guide in acquainting you with our public hearing process. Following
are a series of concerns/requirements for you take into account. By any means, please feel
free to contact the department 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.
The responses to the attached application must be typed and the complete application
must be signed in black ink. It will be accepted, along with pertinent documents, only the
first seven days (1-7) of the month from 8:00 am until 3:00 pm. Please note that the
cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application,
reviewed plans and a paid receipt must be submitted before the deadline.
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. 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 cost to record the Zoning Board resolution is $6.00 for the first page and $4.50
for additional pages. All fees are subject to change. Also, for City Commission resolutions,
please contact the City Clerk's Office at 305-250-5360,
Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land
Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it
has a signature from the Planning and Zoning Department designee.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from the Zoning Division of the Planning and
Zoning Department
Rev. 05-14-04
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 of this Ordinance would result in
unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance
is authorized only for height, area, size of structure, dimensions of yards, other open spaces,
off-street parking and/or loading requirements (see Article 19 of the Zoning Ordinance).
I, Gloria M. Velazquez, on behalf of Filling Station Lofts, LLC owner and contract
purchaser and Jersey Ltd., hereby apply to the City of Miami Zoning Board for approval of a
variance from the terms of the Zoning Ordinance of the City of Miami, affecting the property
located at 1650 NE Miami Court, 1636 NE Miami Court, 1646 NE Miami Court, 1657 N. Miami
Avenue, 1655 N. Miami Avenue, 1653 N. Miami Avenue, folio numbers 01-3186-008-0100; 01-
3136-008-0080, 01-3136-008-0160, 01-3136-008-0090 and 01-3136-008-0150, 01-3136-008-
0170.
1. Three (3) original surveys of the property prepared by a State of Florida registered land
surveyor within six (6) months from the date of the application.
2. Three (3) sets of original plans: two (2) 11x17" and one (1) 24x36", signed and sealed by a
State of Florida registered architect or engineer showing property boundaries, existing (if
any) and proposed structure(s), parking, landscaping, etc.; building elevations and
dimensions and computations of lot area and building spacing.
3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the
5th Floor, Zoning on the 4th Floor and Planning on the 31.d Floor, prior to submittal of
application.
4. An 8 %2 x 11" copy of the plans after signature from the above departments.
5. At least two photographs that show the entire property (land and improvements).
6. 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.
7. A clear and legible copy of the subject property's legal description on a separate sheet of
paper.
8. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
pages 5 and 6).
9. Certified list of owners of real estate within a 500-foot radius from the outside boundary of
property (see pages 7 and 8).
10. Is the property within the boundaries of a historic site, historic district or archeological zone
designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation
Officer at the Planning and Zoning Department (3rd Floor) at 305-416-1400 for information.}
No
11. Is the property within the boundaries of an Environmental Preservation District designated
pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the
Planning and Zoning Department (3rd Floor) at 305-416-1400 for information.} No
Rev. 05-1 4-04 2
12. What is the acreage of the project/property site? Approximately 0.61 acres
1. What is the purpose of this application/nature of proposed use? Front and side Yard
setback variance and footprint variance.
2. All documents, reports, studies, exhibits (8 1/2 x11 ") or other written or graphic materials to
be submitted at the hearing shall be submitted with this application.
3. Other (specify and attach documents explaining why any information you are attaching is
pertinent to this application).
4. The Variance request is for relief from the provisions of Section 401 of the City of
Miami Zoning Ordinance as follows:
5. In support of the application, the applicant is prepared to offer the following evidence, on the
point enumerated at Section 1903 of the City of Miami Zoning Ordinance. Note: This
application cannot be accepted for Zoning Board action unless all of the following six items
are completed. 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:
Due to the configuration of the lot and the required dedication of land for public right-
of-way on the 17th Street side of the property the parking garage would be rendered
inefficient in that it would not have sufficient turn around space nor an adequate
number of spaces.
(b) The special conditions and circumstances do not result from the actions of the petitioner in
that:
The unique shape of the land combined with the required right-of-way dedication on
17th Street due to redevelopment of the property are not the result of the petitioner.
(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 required setbacks would not create a building that is uniform with the
surrounding zoning district. This building serves to revive an area that has lacked
design and growth for many years.
(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:
The surrounding buildings in the district do not conform to these standards and
therefore a special privilege is not granted to the petitioner.
Rev. 05-14-04 3
(e) The Variance, if granted, is the minimum variance that will make possible the reasonable
use of the land, building or structure in that:
This is the minimum variance required in order to design a structure that will provide
an efficient garage structure.
(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 this variance will be in harmony with the general intent and purpose
of the Zoning Ordinance and will not be injurious to the area.
6. Cost of processing according to Section 62-156 of the City Code:
CS, PR, R-1, R-2, (single-family and duplex residential uses) $ 250.00
Piers, docks, wharves and the like, for each variance from the
ordinance, per lineal foot $ 45.00
Minimum $ 700.00
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, as amended $ .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:
CS, PR, R-1, R-2 $ 250.00
All other residential districts $ 450.00
All nonresidential districts $ 550.00
Extension of time for variance $ 500.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred
dollars (800.00), except from agencies of the City; such surcharge to be refunded
to the applicant if there is no appeal by the applicant or from a property owner
within five hundred (500) feet of the subject property.
Signature ` � :/7-3 Address 1221 Brickell Avenue
Name Gloria M. Velazquez Miami, Florida 33131
Telephone 305-579-0736 Date u9
Rev. 05-14-04
4
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of ' }
2004, by Gloria M. Velazquez
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has
n i
produced as identification ai not) take an oath.
4
(Stamp) Signature
SSION X
EOM- NOTARY 5
MARBOL R GONryALEZ
NOTAtYPIUBI_CS ) aoiirDA
COMMISSION
Rev. 05-14-04 5
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Gloria M,
Velazquez , who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of
Miami, Florida, affecting the real property located in the City of Miami, as described and
listed on the foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their 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 accompanying petition, 0 including
responding to day to day staff inquires; 0 not including responding to day to day staff
inquiries in which case he/she should be contacted at
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.
Gloria M. Velazquez
Attorney for Applicant Name Attorney for Applidant Si`iature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this m day of
2004, by Gloria M. Velazquez
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. 05-14-04 4
Owner/Contract Purchaser
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
1650 NE Miami Court, 1636 NE Miami Court, 1646 NE Miami Court,
1655 N. Miami Avenue, 1657 N. Miami Avenue and 1653 N. Miami Avenue
See attached Exhibit "A"
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the
City of Miami requires disclosure of all parties having a financial interest, either direct or
indirect, in the subject matter of a presentation, request or petition to the City
Commission. Accordingly, question #2 requires disclosure of shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties, together with
their addresses and proportionate interest. (See below; please supply additional lists, as
applicable.)
Owner's Name Filling Station Lofts, LLC
Mailing Address c/o Greenberg Trauriq, 1221 Brickell Ave, Miami, FI Zip Code 33131
Telephone Number 305-579-0736
Danny Holtz, Manager of LLC 100%
3. Legal description and street address of arty real property (a) owned by any party listed in
answer to question #2, and (b) Located within 500 feet of the subject real property. (See
below; please supply additional Lists, as applicable.)
Street Address Legal Description
None
Gloria M. Velazquez
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
IAA
Owner or Attorney or Ow er Signature
The foregoing instrument was acknowledged before me this J day of ��'-
2004, by Gloria M. Velazquez 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)
54JB§ C3.t A.
ft`
ION VAP
Rev. 05-14-04
5
Oct 06 04 08: 41 p
Steven Gombinski 718-369-005G
DISCLOSURE OF OWNERSHIP
P.3
I. Legal description and street address of subject real property:
1650 NE Miami Court, 1636 NE Miami Court, 1646 NE Miami Court,
1657 N. Muni Avenue and 1653 N.1VEami Avenue, 1655 N. Miami Avenue
See attached Exhibit "A"
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the
subject matter of a presentation, request or petition to the City Commission. Accordingly,
question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any
other interested parties, together with their addresses and proportionate intetcst. (See below;
please supply additional lists, as applicable.)
Owner's Name 3ersy Ltd.
Mailing Address eio Steven Go mbinski. 369 8th Street, Brooklyn, NY 11215
Telephone Number 917-488-2174
Jersy Ltd, is a Florida Limited Partnership whose general partner is Gombinsld Realty, Inc.,
(which has a 1% profits interest in the partnership) and whose limited partner is the
Gombinski Family Trust (which has a 99% profits interest and a 100% equity interest in the
partnership). Steven Gombinski is the Director and President of Gombinski Realty, Inc and is
signing this application in that capacity.
3. Legal description and street address of any real property (a) owned by any party listed in answer
to question #2, and (b) located within 500 feet of the subject real property. (See below; please
supply additional lists, as applicable.)
Street Address Legal Description
1653 N.1Wiiami Ave., M ami, FL see attached exhibit B
Steven Gombinski, President, General Partner
Owner or Attorney for Owner Name
STATE OF NEW YORK
COUNTY OF KINGS
Own e /•'" Attorney for Owner Signature
The foregoing instrument was acknowledged before me this � day of October
2004, by Steven Gombinski who is president of Gombinski Realty, Inc., a
corporation. the general partner of Jersv Ltd a limited partnership. He is personally known to me
or who has produced as identification and who did take an
oath.
(Stamp)
;RAN( ,2iC 1ARD FAIRWEATHER
Notes) ?untlC State of New York
No, Idd]1rA944166
Qualified so Kings County b
Commission Expires Nov. 14, 20VIc)
FRANZ RICHARD FA1RWEATHEi
Notary Public, State of New York
No. 24-01*~A944 .66
Qualified in Kings County
Commission Expires Nov. 14, 20.410
11/15/04 14:54 GIEENBERG TRAURIG 4 3054162035
NO. 153 172?
EXHIBIT "A"
Lot 1, 2 and the North 37 1/2 feet of Lot 3, o l in Block "C", T.W. PAI.MER'S RE -SUBDIVISION,
Plat Soak 4, Page 60, of the Public Records of Miami —Dade County, Florida, i r$-.5 the North 7
feet thereof for right —of --way.
AND:
•
Lots 1, 2, 3 and 4, less the South 5 feet of Lot 4, all, in Block "0". T.W. PALMER'S
RESUBDMSION, Plot Book 4, Page 60, of the Public Records of Miarni--Oode County, Florida. LESS
the West 10 feet and the North 10 feet thereof for right--elf—way.
AND:
•
A portion of a 10 foot wide Alley lyirrs+ West of 1 and 2, Block C, and East of Lots 1, 2, 3
and 4, Block 0, both in T.W. PALMER'S; RESSUI DNlSI , according to the plot thereof as recorded
In Plat Book 4 at Page 60, of the Public Records o Miami-0ode County, Flaridc , being more
Particularly described as follows'
Commence at The Northeast corner of sold Lot 1. Block D; thence S00'39'45'W along the East
line of sold Lot 1, Block D for 10.00 feet to the POINT OF BEGINNING; thence continue
500'39'45"11! °long said Lots 1, 2, 3 end 4, Block D for 89.90 feet; thence 509'59'57"E along
the Easterly extension of the North .line of the South 5 feet of said Lot 4, Block D. for 10.00
feet; thence N00 39'45"E along the West line of said Lots 1 and 2, Block G for 69.60 feet;
thence N90 00'OQ"w along the Easterly extension of the South line of the North 10,00 feet said
Lot 1. Block B, for 10.00 feet to the POINT OF BEGINNING.
AND:
t.ot 5 and the $path 5.0 feet of Lot. <.. Block -0", LESS the West 10.0 feet thereof, Block "0".
"1',W. PALMER'S RESLIBDMSION", according to the plat thereof, as recorded in Plot Book 4, Page
60, Public Records of Miami --Made ,
County, Florida_
11/11/04 16:4? GREENBERG TRAURIG 4 9305961531B NO.142 P01
THIS 1NSTRUMEAIT PREPARED BY:
Peter
[}M.Lopez,
Esquire
PETER M. LOPEZ,LOT. PA.
2450 SW 137TH Avenue, Suite 234
Miami, Florida 33175
(Reserved)
I 11not lull minim 11111mum
1111
CFN 2OO4ROOOB163
OR E.k 21952 Pis 219D - 2192i (312ss)
RECORDED ?1/36/2004 12:41:39
DEED 00C TAX 40300,30
11URTAX 3t400.00
HARVEY MIN, CLERK OF CDuRT
um -BADE COUt TY t F LDI U c A
Property Appraisers Parcel Identification (Folio) No.(s): 01-3136-008-0100, 01-3136-008--oo80;
+Crrante8e(s) Social Security No.(s): 01-3136-008-0160; 01-3136-00E-0090;
01-3136-00B-0150
WARRANTY DEED
THIS WARRANTY DEED, is made this . /0 „ day of aorefol tire , 2003, between
1650 N. Miami Ave., Corp., a dissolved Florida corporation whose post office address is e/o 2450
SW 137th Avenue, Suite 234, Miami, Florid 33175 (the "Grantor") and FILLING STATION
LOFTS, LLC, a Florida limited liability company, whose post office address is
(the "Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee(s)" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations.)
YJTNESSETflr
That the Grantor, for and in consideration of the sum of Ten and Nof100Dollars ($1O.00) and
other good and valuable considerations to the Grantor in hand paid by the Grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, that certain parcel
of real property, situated, lying and being in Miami -Dade County, Florida (the "Property"), as
follows:
SEE EXHIBIT i4A" ATTACHED HERETO AND MADE A
PART HEREOF
This conveyance is subject to the following:
1, Taxes for the year 2004 and all subsequent years;
2. Conditions, restrictions, limitations, easements and all other matters of record,
without reimposing same.,
3. Restrictions and all other matters appearing on the Plat or otherwise common to the
subdivision; and
4. Zoning, restrictions, prohibitions, regulations and other requirements imposed by
governmental authority.
11/11/04
15:47 GREENBERG TRAURIG 4 93059615318
N0.142 1;02
and the Grantor does hereby fully warrant the title to the Property, and will defend the same
against the lawful claims of all persons whomsoever,
THIS WARRANTY DEED IS BEING GIVEN BY GRANTOR TO WIND UP AND
LIQUIDATE THE CORPORATION'S BUSINESS AND AFFAIRS.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its
name, the day and year first above written.
Signed, sealed and delivered
in the presence of:
Sign
Print Name:
GRANTOR:
1650 N. MIAMI AVE. CORP., a dissolved
Florida corporation
e'er M 402— PEDRO HERRADA, as President and
Authorized Agent of the corporation in order
to wind up the affairs of the corporation
STATE OF FLORIDA
)SS:
COUNTY OF MIAMI•DADE )
i HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 1'
day ot. i` ►cO aer , 2003, by PE RO HERRADA, as President and Authorized Agent of 1650 N,
MIAMI AVE., CORP., a dissolved Florida corporation, on behalf of the corporation and in order to
wind up the affairs of the corporation, who is personally known to me or who has produced a valid
Florida driver's license issued by the Department of Highway Safety and Motor Vehicles or other
identification as identification, and who did not take an oath.
GWENDELUMA THOMAS
NCYrAlre PLuaLUC STATE OF MORIDA
CO? 1M1S51ON No, DTXI45
IyirTsr,q. `i ». A C.17.'1 5
int Name:
NOTARY PUBLIC, State of Florida
Serial No:
My Commission Expires:
11/11/04 16=47 GREENBERG TRAURIG 4 93059615318
NG . 142 P07
Exhibit A
Legal Description
QF `jPk 21952 PG 2192
LAST FAGS
Lot t, 2 and the North 37 feet of Lot 3, all in Block "C", T.W. PALMER'S
RBSUBDIYISION, Plat Book 4, at Page 60, of the Public Records of Mid -Dade
County, Florida.
AND
Lota 1, 2, 3 and 4, except the South 5 feat of Lot 4, all in BioCk "D", T.W. PALMER'S
RP8UBDNISION, Plat Book 4, at Page 60, of the Public Records of MisrDadc
County, Florida.