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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2" d Avenue, 7th Floor • Miami, Florida 33130'- Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com 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 d 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 responses to this application must be typed and must be signed in black ink. The deadline to file the complete application, along with pertinent documents, is the first five working days (1-5) of each month —unless extended because of a holiday —from 8:00 am until 3:00 pm. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Please note that the cashier on the 4th floor will close at 4:00 pm; therefore, a paid receipt must be submitted before the deadline. 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. Go to the Miami --Dade County Recorder's Office at 22 NW First Street, First Floor, and 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 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 Zoning. Rev. 1 1 -23-05 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). Lucia A. Dougherty, Esq. on behalf of Tri-Arts, LLC, owner and Coral Place Limited Partnership, contract purchaser hereby apply to the Miami Zoning Board for approval of a Variance at the property located at. 1001 NW 54th Street , folio number 01-3114-062-0010 1. The property/location listed does not have any open code enforcement/lien violations. 2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 3. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 4. Plan needs to be stamped by Hearing Boards first and then signed by a) Public Works on the 8th Floor, b) Zoning on the 4th Floor and c) Planning on the 3ra Floor, prior to submittal. Note: Plans are to be submitted to Zoning for review by appointment only starting from the 8th through the 30tt' of each month. Zoning will not be accepting plans on the first seven days of the month. 5. After obtaining signatures from the above departments, two (2) 11x 17" and one (1) 8 '/z x 11" 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". 9, Affidavit and disclosure of ownership 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). 11. What is the acreage of the project/property site? Approx. .93 Acres 12. What is the purpose of this application/nature of proposed use? Affordable Housing Residential Development Rev. 11-23-05 2 13. Is the property within the boundaries of a historic site, historic district or arche0k . Please contact the Planning Department on the 3rd Floor for information. NO 14. Is the property within the boundaries of an Environmenal Preservation District? Please contact the Planning Department on the 3 Floor for information. 15. For corporations and partnerships, 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 old d) For non-profit organizations only:A list of Board of Directors less than one (1) year 16. In support of the application, please supply the following evidence, on the point enumerated in Sec 1903 of the Miami Zoning Ordinance. Note: This application will not be accepted for Zoning Board action unless all items are complete. Please list evidence to be produced and use additional sheets, if necessary. and, structure (a) Special conditions and circumstances exist which otherare lands peculiar strucOthe tures, for bui dings in the , or building involved and which are not applicable to same zoning district in that: The site is extremely narrow and faces two streets which make meeting the required 20 foot setback and placing a viable parking structure an impossibility. (b) The special conditions and circumstances do not result from actions of the petitioner in that: The petitioner did not create the narrowness of the site. (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 applicant would be deprived of a reasonable use of the land if they were not permitted to construct the development as proposed. ioner that cial vilege that is (d) Granting the Variance requested Ordinance to lnot confer n the other ands,buidigs,tor structures ein the ri denied by the Zoning same zoning district in that Granting this variance would not confer on applicant any special privilege. (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 Variance is the minimum necessary to make possible the reasonable use of the land. (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: Granting this setback 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. The applicant is meeting all other requirements and will only be building a 40 foot high garage. Rev. 11-23-05 3 17. All documents, reports, studies, exhibits (8 1/2 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. 18. Cost of processing according to Section 62-156 of the Miami 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 Minimum Application for Variance as a result of a change in approved plans or as violation notice shall be charged an additional fee, per Variance: CS, PR, R-1, R-2 All other residential districts All nonresidential districts Extension of time for Variance $ .10 $ 650.00 a result of a $ 250.00 $ 450.00 $ 550.00 $ 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) feed the subject property. Signature Address 1221 Brickell Avenue Name Lucia A. Dougherty Telephone 305-579-0603 Miami, Florida 33131 Date December 7, 2005 E-mail Address doughertyl[a,gtlaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE Th , fegoing was acknowledged before me this a day of 20 , by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of Tri-Arts, LLC and Coral Place Limited Partnership a(n) individual/partnership/corporation. He/She is erp onall known tome or who has produced as identification and who did (did not), take an oath. (Stamp) Rev. 11-23-05 MARISOL R GO ARY PUBUC STATE OF FLORIDA :'a nature Lucia A. Dougherty, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 RE: Special Exception for property located at approximately 1001 NW 54th Street. Dear Ms. Dougherty: This letter serves to advise you that Greenberg Traurig, P.A. has the authority to file with the City of Miami a Special Exception application for the property located at approximately 1001 NW 54th Street, Miami, Florida on behalf of Coral Place Limited Partnership which is the proposed purchaser of my property. It is my understanding that Coral Place Limited Partnership will be paying for all application fees, as well as for all legal fees earned by Greenberg Traurig, P.A. 544TIA-0-ei AFFIDAVIT Before me, the undersigned, this day personally appeared Lucia A. Dougherty 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 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 0 not including responses to day to day staff inquires. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Lucia A. Dougherty Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The fo going was acknowledged before me this .3D day of 20 , by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of Tri-Art, LLC and Coral Place Limited Partnership a(n) individual/partnership/corporation. He/She is personal/ kn o has produced as identification and who di (did not) take an oath. (Stamp) Rev,11-23-05 7C .117NO Akys tISigrrature MARISOL R GONZALEZ :OAR'` PUBUC SI"A4F OF FLORIDA MIA MISSION NO. DDig,.352 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. Contract Purchaser's Name(es) Coral Place Limited Partnership Subject Property Address(es) 1001 NW 54th Street Telephone Number 305-799-8369 E-mail Address mspetko aAaol.com Coral Place Limited Partnership GP is Coral Place LLC Managing Member Michael A. Spetko 100% 2. Street address(es) and legal description(s) of any property: a) Owned by any party listed in answer to question #1; and b) Located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address N/A Lucia A. Dougherty Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this _ day of 20 4 , by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of Tri-Art, LLC and Coral Place Limited Partnership a(n) individualipartnership/corporation. He/She is personal) known to me or who has produced as identification and who did (did not) take an oath. Legal Description Owner or ttorneySignature (Stamp) Rev. 11-23-05 5 ._. n_y& s� ignOture F,°WRID iL 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) Tri-Art, LLC Subject Property Address(es) 1001 NW 54th Street Telephone Number 305-776-1015 E-mail Address Santiago Alvarez 90% Intercontinental Trade and Management Associates 10% Estate of Michael Spetko 100% 2. Street address(es) and legal description(s) of any property: a) Owned by any party listed in answer to question #1; and b) Located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address N/A Lucia A. Dougherty Owner or Attorney Name Owner or Attorney Signature Legal Description STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 0 I- 20 6 c , by Lucia A. Dougherty who a(n) individual/partner/agent/corporation of Tri-Art, LLC 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) KO., Rev. 11-23-05 is I i Lf1.1 NO. !NUJ, LEGEND PROFESSIONAL LAND SURVEYOR SET• OR FOUND NAL & DISC SET OR FOUND- 1/2" RON PIPE FINISH RLOOR ELEVATION EXiSTNG ELEVATION CENTER rLINE RECORD & MEASURE ---y.— CHAN ENK FENCE C.B.S. WALL STREET LIGHT POLE c7c) WOOD UTILITY POLE LEGAL DESCRIPTION (ITS OF 'TH -ARTS 0L)Bni1SION " ACCORDINC; TO BOOK 31 ACE 58 OF THE PUB] IC RECDPDS OF CONCRETE BLOCK & STUCCO CONCRETE SLAB CONCRETE THE PLAT THERFOF, AS RECORDED N PLAT MIAMI-DADE COUNTY, FLORIDA. LOTS 1, 2, & 3 BLOCK CF "BOWLING GREEN EXTENSION" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BCC.-)K 15 AT PAGE 62 OF THE PUBLIC RECORDS OF- MIAMI-DADE COUNTY., FLORIDA CERTIFY TO TRI-ARTS, LL.C:, A FLORIDA LIMITED LIABILITY COMPANY TERRA • BANK, ATIMA ATTORNEYS' TILE IURANCE FUND A.S.A.P. TITLE CORP. WE HEREPY. CERTIFY: THAT THIS i.NDARY SURVEY" OF THE ABOVE DESCRIBED PROPERTY \M- - ' THE MINIMUM TECHNTCAL STANDARDS ADOPTED BY THE FLORPA, STATE BOARD .DP LAND SLRVE RS PUR<.--. TO SECTION 472-027 FLORCA STATUTES. \ C',13 2 FL-5 1\,,).. 3-59 F', T L. • , 1 ( Pi( )I,J N DAHTY ,AND F NAL SU FRVEY ) (SURVEYOR'c',.. TITLF. RFIVIDA") ALBER .S N . 3 / \\\2/ s ir Or FLO 923 S.W. 122: d • AVEHLE, PHONE: 305-220-6397 — FAX 305.-226 ir-,TAW ralkvlev06lrklWeSV Val vley (51)vl5zv .1431 yi v;<v,4( rui ii s,l� �n-6%-alil7canwils;xflvr ! V! TednVot! N-t(#l�a ! W(!%a i ! . a ! lvo! 1/4a E)%a ! saR+-4lllfi-nriWt i N4 e �•C Eippartin ti of Otair I certify from the records of this office that CORAL PLACE LIMITED PARTNERSHIP is a limited partnership organized under the laws of the State of Florida, filed on January 7, 2005. The document number of this limited partnership is A05000000079. 1 further certify that said limited partnership has paid all fees due this office through December 31, 2005, and its status is active. CR2E©22 (11-05) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Second day of December, 2005 ttrtrn - r-crrtziru Elf State w y� is ira� i k;.0 � ir�S l lc4 � i'`y l kal � ; � kit i k=ti5 l � , .. / 7t.9 1 � ldH l dr151 �' i - l WAWA- • r i ♦ frW � t : ie4� >• ww ww A wM•ww!• M •ww • M• w- •ww ww. M , M ww wr ww ww N ww w?r • N w N-46 %-.1(4.011h1 • l.. 1 �l. ! 1. .. i *4 ! i ... l .....1. 11 __. i _W ... �.... �....._ � ?f � t:7l i vl * i tral � l y l lu l poillJ � l ��r 141);�v ! l ;ea 4WAV oral l k+t i k�1 ! ."1 l k i t i • 1.v i ' at 411"1. ` . V...4 ' 1.1"iS ;tsgthe ilatAl ' ' 1 �• Nf�•�Ma•�M�N M�CN)_ M�•� #� r# . #yl •i M��M N N • �..J • M�#....�Oi.�N Iw# • , atl itil al�lhrtia ! sa' hill i tc iiiScailit a hAttl!Awnl N-411 &di • NV CNA ! VNr !kkvii ! alllAna(pwyr Ptcof MA 40v . w al a • C w r1� w �• w By iartnu nt of #tutt' I certify from the records of this office that TRI-ARTS, LLC, is a limited liability company organized under the laws of the State of Florida, filed on February 4, 2005. The document number of this company is L05000012347. 1 further certify that said company has paid all fees due this office through December 31, 2005, and its status is active. CR2E022 (11-05) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Second day of December, 2005 arm `' erretnrr nf,(*tnte w PO M # w• w w kAlIZS l ,cy ! lr } �S l '�� j 11.v dsl . k° i kat l (�s5 ir.'9 / al ! lcti • ! 1cB, • ! l ' ' dr. Los ! drat E leaf •... _.lf Id .• M M • M•�� • M• i M ..# • 11 r N• N- • N• • - N M•##• • • M• M M• N• N # V xnFx i iWtli f i al 1. i __ aTii1 1 ! , Utica • • • l r i 4 l #___ ! • ! t sra ilw! �r i • i _ 1 IIIIII11111I1II111111111111111111111I111 IIII Tax Folio No. 01 31140620010 Grantee(s) Tax ID No: This instrument prepared by, Michael C. Stotnick, Esq. Law Offices of Henry A. Lopez•Aguiar 9415 Sunset Drive, Suite I I l •A Miami, FL 33173 WARRANTY DEED CFN 2005R4413226 OR 8k 23307 Ps 0005I (1caY RECORDED 04/25/2005 15:39:08 DEED DDC TAX 5000.00 SURTAX 41275.00 tiARVEY RUV1Ni CLERK OF COURT MIAtNI-DADE COUNTY, FLORIDA LAST PAGE THIS WARRANTY DEED Made April 15, 2005 by Tri-Arts, a Florida general partnership, whose post office address is 3619 Percival Ave., Miami, FL 33133 ("Grantor"), to Tri- Arts, LLC, a Florida limited liability company, whose post office address is 3006 Aviation Avenue, Suite 2A, Coconut Grove, FL 32951 ("Grantee"), WITNESSETH: That the Grantor, for and in consideration of the stun of $ I0.00 and other good and valuable considerations, receipt whereof is hereby acknowledged hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, the following described land: Lots 1 and 2, TRI-ARTS SUBDIVISION, Plat Book 81, Page 58, of the Public Records of Miami -Dade County, Florida, and Lots 1, 2, and 3 Block 1, BOWLING GREEN EXTENSION, Plat Book 10, Page 62, of the Public Records of Miami -Dade County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of ail persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004, and restrictions and easements of record, if any. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed the day and year first above written. Signed, sealed and delivered in our presence: TR1-ARTS, a Florida general partnership Name: N1lehalel C. Slotnlck By:Ano ' ,r,-..— Daze`1:e D. Simpson, Partner Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this April 15, 2005, by Dazelle D. Simpson, as Partnership of Tri-Arts, a Florida general partnership, on behalf of the partnership. He/she (X) is personally known to me or ( ) has produced as identification. nommioako MORN* wdr E)plrs, Noremirr D3.200e NOTARY PUBLIC, State of Florida At Large My commission expires: Book23307/Page5 CFN#20050413226 Page 1 of 1