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HomeMy WebLinkAboutAppeal LetterSTEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. September 18, 2014 HAND DELIVERED Vanessa Trujillo Planning and Zoning Department Hearing Boards Section Miami Riverside Center (MRC) 444 Southwest 2nd Avenue, 3rd Floor Miami, Florida 33130 Maria A. Gralia 150 West Flagler Street, Suite 2200 Miami, FL 33130 Direct: (305) 789-3525 Fax: (305) 789-2628 Email: mgralia(cr�stearnsweaver.com Re: Notice of Appeal of Planning and Zoning Appeals Board Approval of Three (3) Variances for the Property Located at 115 S.E. 15t Street, Miami, Florida, File ID#14-00522v1 Dear Ms. Trujillo: This firm represents Downtown Realty Investments ("Appellant") the owner of the property immediately to the east and adjacent to 115 S.E. 1st Street1, Miami, Florida regarding three (3) zoning variances granted by the Planning and Zoning Appeals Board ("PZAB") on September 3, 2014. RED 112 SE 1 ST, LLC ("Applicant") requested variances to the required minimum side and rear setbacks above the 8th story as follows: 1. Variance Request — East Side Setback Required Side Setback: Proposed Side (East) Setback: Variance requested: 30 feet 0 inches 3 feet 10 inches 26 feet 2 inches Application describes property address as 115 SE 1 Street, Miami, Florida. However, Property Appraiser's website lists the property address as 112 SE 1 Street, Miami, Florida. Page 2 September 18, 2014 2. Variance Request — West Side Setback Required Side Setback: Proposed Side Setback: Variance requested: 3. Variance Request — Rear Setback Required Rear Setback: Proposed Rear Setback: Variance requested: 30 feet 0 inches 4 feet 4 inches 25 feet 8 inches 30 feet 0 inches 3 feet 10 inches 26 fee 2 inches Please accept this letter as Appellant's Notice of Appeal pursuant to Article VII, Section 7.1.5(c) of Miami 21 of PZAB's approval of the variances set forth above. The grounds for this Appeal are as follows: 1. Article VII, Section 7.1.2.7 of Miami 21 Code ("Miami 21") sets forth the standards, all of which must be met, for the approval of a request for a variance to Miami 21. The proposed variances to the setbacks do not meet the standards set forth in Article VII, Section 7.1.2.7(b)(1) through (7) of Miami 21. 2. The Applicant failed to present substantial competent evidence to PZAB that it met each of the criteria set forth in Article VII, Section 7.1.2.7(b)(1) through (7) of Miami 21 3. PZAB failed to issue findings that the above variances met the applicable criteria allowing for the variances from the regulations of Miami 21. For these reasons, Appellant, Downtown Realty Investments, through undersigned counsel, hereby appeals to the City Commission the approval by the Planning, Zoning Appeals Board September 3, 2014 approval of the zoning variances listed above. Attached to this Notice of Appeal are the following documents: Exhibit "A": Exhibit "B": Exhibit "C": Exhibit "D": Variance Application Site Plan Article VII, Section 7.1.2.7 of Miami 21 Code Disclosure of Consideration Page 3 September 18, 2014 Appellants reserve the right to supplement this Appeal with briefs or legal memoranda prior to City Commission consideration of this Appeal. Respectfully yours, 0/4- j Maria A. Gralia MAG/sja cc: Mr. Sergio Rok Ben Fernandez, Esq. #3764977 v I EXHIBIT "A" ^���F�| | ����J � � �V �U� �N���� ���L|CA| ���U� � �t��� pLANN\NG�����T����i PLANNING AND ZONING DEPARTMENT, HEARING BC)AFl&'dWl6"'''~ - 4443VV2 n' m Avenue.8 Floor ° Miami, Florida 3313O*Telephone 3D5'41O-203O Y�, LDniami.qov.a/da VVe|ooma to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free hocontact us, should you have any questions. The deadline to file the complete application with supporting documents is the last five vvorkinq days of each month from 8:00 am until 3:00 pm, except on the fifth day. until 12:00 pm. The application submittal data is the date abannmed by Hearinq Boards' staff on this paqm. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the p|ano, reports, exhibits, shall be presented atthe time offiling, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wiah, you could bring the materials toour office for review prior tosubmittal Loensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boando, committees and the city commission. Ava|id power ofattorney will be required if neither applicant or legal counsel representing the applicant execute the application or daoiva to make o presentation before city bnards, committees and the oib/ commission, All documents, neporto, studies, exhibits (81/2x11^) or other materials submitted during this process will be kept as pert of the record. Any documents offered to the P|onninq. Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11489. CODIFIED IN CHAPTER 2, ARTICLE N 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, BDARDS, COMMITTEES AND THE CITY COMMISSION. ACOPY OFSAID ORDINANCE |SAVAILABLE |N THE OFFICE OF THE CITY CLERK (K8|A&1| CITY HALL), LOCATED AT35UO PANAKAER|CAN DRIVE, MIAMI, FLORIDA, 33133, Ordinance No. 12918 states that each person or entity requesting epprova, relief or other action from the City Commission or any of its boards, authorities, ogancinm, councils or committees regarding any isnue, ehoU disclose at the commencement (or continuance) of the public hearing(s) on the iemue, any consideration provided or oomrni#ed, directly or on its beha|f, 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 ieaue, if there is any dion|uoura 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. Copies of City Commission resolutions and ordinances can be obtained at our vvabobethrough the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications given tocustomers dunot constitute action from the City ofMiami without plans review and written comments from the Office mfZoning. 8����| |���-�|���] m/� �U`�U� �8`�"��*Q�� ��[-[-L~|����|]���� ` _ Please refer to Article 7.1.2.7 of the Miami 21 Code for Variance information. 1. RED 112SE18TLLC 2' Subject property address(es) and folio number(s): 115 GE 1 STREET (ACCORDING TO CITY OF KAA\KH|RECORO8) FOLIO NO. O1'0112-01O-11O1 3. One (1) original survey dated within six (6) months from the date of application prepared by State ofFlorida registered land surveyor. 4. One (1) original 24x38" p|an, signed and sealed by e State of Florida registered architect or engineer showing property boundaries and proposed otruohuns(o)' parh|nQ, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 5. After Hearing Boanda, Public Works, Zoning and Planning initial and date the plans, two (2) 11x17" and one (1)81/2x11"copies of the original plan, including the survey. 6. Current Zoning Referral and Write -Up signed by the Office of Zoning designee. 7� A clear and legible copy of the recorded warranty dead and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. S. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11.Affidavit ofAuthority toAct and the Disclosure OfOwnership ofall owner —and contract purchasers, ifapplicable—of the subject property. 12.For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1)year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application todoso; d) Non-profit organizations: A list [fBoard of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original [Vsckoauny of Consideration Provided or Committed for Agreement /o Support or Withhold Objection Affidavit. 15.Original Public School ConourrenoyManagement System Entered Requirements form, 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17.What iSthe acreage ofthe project/property uite? .158CREG VARIANCEAPPLICATION��]|� 18.What isthe purpose ofthis application/nature ofproposed use? MIXED USE PROJECT 19.|s the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3 d Floor for information. YES 20.|sthe property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3 m Floor for information, NO 21. What would be the anticipated duration ofthe presentation in front of the: XPlanning, Zoning and Appeals Board 15M|N. and/or LJCity Commission 22,|nSupport ofthe app|ioation.p|eaoeoupp|ythefoUovvngevidenceinGmotion7.1.27(b)oftheK8iann| 21 Code. Moto: This application will not be accepted unless items (a) through (,) below are complete. Fqaaoe list evidence to be produced and use additional sheets. if applicable. (8) Special conditions and circumstances exist which are peculiar to the |and, structure or building involved and which are not applicable to other lands, et[uutunae, or buildings in the aameTnansect, 0 No. XYes. If so, explain, THE REAR AND SIDE SETBACKS ABOVE THE 8r* LEVEL ON THE EXISTING ADJACENT BUILDINGS (b) The special conditions and circumstances do not result from actions of the applicant. (c) Literal interpretation of the provisions of the Miami 21 Code deprives the applicant of rights commonly enjoyed by other properties in the oannoTranoect Zone and results in unnecessary and undue hardship on the applicant. LJ No. XYaa. If so, explain. THE REAR AND G|[}E _ SETBACKS ABOVE THE 8� LEVEL ONTHEEXISTING AND ADJACENT BUILDINGS (d) Granting the Variance requested conveys the same treatment to the individual owner aatothe owner of other lands, buildings, or structures in the same TrenoectZone. 0No. XYea. |fso, explain. THE REAR AND SIDE SETBACKS ABOVE THE Or»LEVEL(JNTHE EXISTING ADJACENT BUILDINGS (e) The Variance, if gnanted, is the minimum Variance that makes possible the reasonable use of the |and, building or structure. [J No. ){ Yes, If so, explain. THE /\D0T|{}N OF 5 LEVELS ABOVETHE rH LEVEL TO ABIDE BY — SAME SIDE AND REAR SETBACKS Ul The grant of the \/ahanma is in harmony with the general intent and purpose of the Miami 21 Cnde, and is not injurious to the ne|ghborhood, or otherwise detrimental to the public. [jNo. XYea. |fso, explain. THE ADDITIONAL 5LEVELS ABOVE THE nr*LEVEL TOAB|OEBY THE SAME REAR AND SIDE SETBACKS kz\ The yuhanoe, if gnsnted, is consistent with the applicable criteria as set forth in Article 4, Table 12ofthe Miami 21 Code' as such, relates Uothe particular location for which the Variance iSbeing sought, L] No. XYea, If so, explain. THE ADDITIONAL 5 LEVELS ABOVE THE 8r* LEVEL WILL ABIDE BYTHE DESIGN CRITERIA []FARTICLE 4.TABLE 12OFM|AK8|21CODE nm.nzzo3 4 VARIANCEAPPLICATION �KJ|� 23. Cost,of processing according to Section 62-22 and Section 62-23 of the Miami City Code*: a. C8. T3 (Single -Family and Duplex Residential uses) b. All ' Extension of time 'ciAdvertising a. Mail notice fee per notice f. Meeting package mailing fee per package $1.U00.00 $1.5OO.0O $ 750.00 $ 1,500.00 $ 4.50 $ 6.00 Application for Variance as a result of a change in approved plans or as a result of a violation notice shall be charged onadditional fee, per Variance: a. CS, T3.T4 b. All other residential districts c. All nonresidential districts $ 500.00 $ 750.00 $ 1'OOO.00 Fees for appeals of Variances shall be collected as a surcharge equivalent to the application fee and advertisement fee and shall be ooUenb*d from the applicant etthe time of initial submission of an application for any Variance. Such surcharge shall be refunded to the applicant un|oae there is an appeal from an abutting property owner. If an abutting property owner appeals, then the appellant shall pay the applicable notice fee only. |fthe appellant |s not an abutting property owner, then appellant shall pay the equivalent of the original application fee, advertisement fee, and notice fee paid. *Fees over $25'000.00, shall be paid in the form ofacertified check, cashier's check, or money order, Signature [ ' / ^L- Address Z5' '�,C n��) AmG Nome ^ �-���« tA��\��� STATE OFFLORIDA — COUNTY DFM|AM|-DADE The �~ \� foregoing wasg d before me this day of 20 .by individual/partnership/corporation. He/Bhois personally known eorvvhohep produced tv_wwe4L t-leemeX as identification and who did (did not) take en oath. (Stamp) Signature DEBORAHVVE[TZMAN mvcowwIss/ow#pF0m1mn EXPIRES May s.co1r no,u"wot"vS"°*°-"COII) a(n) Rev. 07-2013 5 FLORIDA LIMITED POWER OF ATTORNEY Notice- This legal document grants "Principal" the right to transfer limited legal powers to "Attorney in Fact", limited legal powers are described as: any specific act legal under law. The Principal's transfer of limited legal powers to the Attorney in Fact are granted upon authorization of this agreement, and ONLY remains in effect until the completion of said act. It is the intent of the Attorney in Fact to act in the Principal's best interest. This document is valid as a Limited Power of Attorney when acknowledged by a notary public or when signed by two adult witnesses who are present when the Principal signs the document, I, Principal, Manfred Ecker/ RED 112 SE 1 ST LLC whose office is located at 111 NE 15t Street, #901, in the City of Miami, State of Florida 33132 appoint the following as my Attorney in Fact, whom I trust with a specific act or acts immediately upon the authorization of this form, and I grant the power to act as if I were personally present to represent RED 112 SE 1 ST LLC in matters pertaining to zoning, planning and building and in any applications for variances and hearing board submittals. Attorney of Fact, Adan Fons/ Fons Inc. whose office is located at 25 SE 2nd Ave Suite 1036, in the City of Miami, State of Florida 33131 acknowledges the legal authority for the specific act or acts on behalf of the Principal and the authority granted. Upon authorization by all parties, the Attorney in Fact accepts their designation to act in the Principal's best interest under the legal law pertaining to the matters noted. The Attorney in Fact agrees not to be compensated for acting in the presence of the Principal in matters related to the above specified act or acts. I, Manfred Ecker/ RED 112 SE 1 ST LLC, Principal, sign my name to this power of attorney this 215t day of May and, being first duly sworn, do declare the undersigned authority that I sign and execute this instrument as my power of attorney and that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in the specific act or acts noted. S) Z1 lLf Signature of Principal Date: I, Adan Fons/ FONS Inc., Attorney in Fact, have read the attached power of attorney and am the person identified as the attorney -in -fact for the principal. I hereby acknowledge and accept my appointment as Attorney in Fact and that when I act as agent I shall exercise the powers for the benefit of the principal; I shall exercise reasonable caution and prudence; and I shall keep full and accurate record of all actions, receipts and disbursements on behalf of the principal. (�- Signature of Attorney 'n Fact Date: DOROTHY V. PERE:Z MY COMMISSION # EE 064539 EXPIRES: March 13, 2015 Beaded Thru Budget Notary Services FLORIDA LIMITED POWER OF ATTORNEY, document acknowledged by - Witness Signature Date: Witness Signa re Notary Signature DOROTHY V. PEREZ * MY COMMISSION EE 064539 EXPIRES: Mar6h 13, 2015 Ponded Thou fludgel Notary Services Date: /\�][�| |��A��|��KJ � � �&U �U� �U �0"�v�� ��F-F-L-|\���� |��|� ' AFFIDAVIT OFAUTHORITY TOACT Befo Ulisd theund8nyignedp�,soOoUyappeored vr7Z*/ v"m�.� ' who being by0efirst deposes and says: 1. That he/she is the owner orthe legal representative of the ovvner, submitting the public hearing application as required by the Code of the City Of Miami. Florida, affecting the naa| property located in the City ofMiami, as listed on the foregoing pages. 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 c|aSod5oedion or regulation of zoning as set out in the foregoing petition, [] including gr[] not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current namea, mailing addresses, telephone numbers and legal descriptions of the real property of which he/sheiS the owner orlegal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further A0ontaayethnot. Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE "` � T foregoing vvasacknowledged befV this ^�(/r^ day of /«Va� 20 � .by ' who iS8(n)individum|/portnar/a0ent/oorporation0f o/n\ iOdividUoKoartnenshio/ourpmration. He/She is personally known to me or who has produo8d f 52Z 2��o a8identification and who did (did not) take anoath. J (Stamp) Signature —'— � ��COMMISSION EXP � o0rmle^� Notaryhru ' ` _ (4 /� � / v//t) /\F�[]| |�^87-|���� � � �K ��K� �U �v���� ��[-[-L_|��/�| |��|� DISCLOSURE OF OWNERSHIP 1 List the OxVner(s)ofthe subject property and percentage ofownership. Note: The Miami City Code requires disclosure of all parties having a financial intona8t, either direct or indireci, with respect |oo presenbaUon, request or petition. Accordingly, disclosure of shareholders of oorporationa. beneficiaries of trusts. and/or any other interested perties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name/ea) \ ~�/ Percentage OfOwnership 2. List all Street address(es) and legal description(s) ofany property located within 5OOfeet ofthe subject property owned by any and all parties listed in question #1 above. Please supply additional lists, ifnecessary. � \ r}A- Stree Address(oa): Owner(s) or Attorney Name Lega|OeSQiption(s): 01 Owner(s) or Attorney Signature STATE DFFLORIDA — COUNTY DFK4|AM|'DADE The — \D 0\ foregoing was ack wle ged before me\his ^^- day of 20 �,�> , by rL P_ M, Fti/,� who isa(n)individuaKoartnerlagent/corpomdionnf Zev kt. ^51� \ 1�6T L-L.C' a(n) individual/partnership/corporation. He/She is personalto nna qJvvhu s produced V4M� im�-'QSz:- as identification and who did (did not) take an oath. (Stamp) Signature DEBt}RAHYVE|TZMAN mvCOMMISSION #ppoo/owr EXPIRES wa o, onn I Exhibit "A" Legal Description- The East 45 feet of Lot 12 and the West 10 feet of Lot 13, in Block 121-N, according to the plat thereof, as recorded in Plat Book B, at Page 41, of the Public Records of Miami Dade County, Propertv Address- (AccundhnOtoMiami Dade County Property Records) Folio-U1-0112'O1O'11O1 112SE1Street Miami, FL33131'O0OO (According toCity ofMiamiRecords) 115 SE 15teet Miami,FL33131 lISSE1Street 3I Exhibit "B" Existing Property Images View from street corner (second property on left) View of front of property City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public hearing Application Sub -Type Sub -Type Application Name * •Q >.1, E 1 Application Phone * 3tS-U1-1 Application Email * p brJS 1 -et" Application Address * I1�j 1 epT i{tAi- l t PL,. 31LI f Contact Fields Information Contact Name * n.)/0 Contact Phone * 30 j - 001 - StX Contact Email * l 'PAN) liar +f 71A, Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGavr ci,iniami.tl:us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields information Master Folio Number * 01-01,`2--d1t *4ibI Additional Folio Number Total Acreage * .1AC.jtaE, Proposed Land Use/Zoning * Land Use/Zoning ........... Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * 9a Total # of Units * Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be Input Into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * Owner(s)/Attorney/Applicant Name STATE OP FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledges before me this 20 by C, z. i>enS.. who is a n) individual/partner/agent/corporation. of individual/partnership/corporation. Lle/She is personally known to me o as identification and who did (did not) take an oath. Owner(s)/Attorney/Applicant S ignature day of� (Stamp) VANESSATRUJILLO MY COMMISSION 0 EE 105250 EXPIRES: July 11, 2015 nded Ttvu Notary Pubdc Underwriters a(n) yho has produced a%'C'(-© Signature r!! This instrumentPreparedBy: Thon110.1qatkov,ail 14 JUN 13 AM 9: 48 DUNWODY WHITE & LANDON, P.A. 550 Biltmore Way • Suite 810 Coral Gables, Florida 33134 Folio Number: 01-0112-010-1101 111111111111111111111111111111111111111111111 CFN 2012R0442584 OR Bk 28160 Ps 1684 - 16851 (2Pss) RECORDED 06/22/2012 1120143 DEED DOC TAX 3,000.00 SURTAX 2050.00 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made and executed this LL day of June, 2012, by CHARLOTTE MARIE STUBBLEFIELD EDWARDS ("Grantor"), whose post office address is 128 Amberwood Court, Bethel Park, PA 15102, to RED 112 SE 1ST STREET LLC ("Grantee"), whose post office address is 111 NE 1.st Street, Miami, FL 33132. WITNESSETH: That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, convey and sell unto Grantee, his heirs, personal representatives, successors, and assigns, an undivided two-thirds (2/3) interest in that certain real property located in Miami -Dade County, Florida, and more particularly described as: The East 45 feet of Lot 12 and the West 10 feet of Lot 13 in Block 121, of NORTH, CITY OF MIAMI, according to the plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO: Taxes and assessments for the current year and subsequent years, to easements, conditions, reservations, restrictions and limitations of record and to applicable zoning ordinances. TO RAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrant title to the real property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. AND Grantor further warrants that she does not reside on the above described land or on any land contiguous thereto, and that such land is not the homestead of the Grantor nor is it contiguous to Grantor's homestead. Book28160/Page1684 CFN#20120442584 Page 1 of 2 OR BK 28160 PG 1685 LAST PAGE IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. Witnesses; Print N'ame: got ,6,44, VII Print Name: 490 iakuth Charlotte Marie Stubblefield E ards STATE OF PENNSYLVANIA ) ss: COUNTY OF -eec r.p2•3 The foregoing instrument was acknowledged before me this / / day of June, 2012, by Charlotte Marie Stubblefield Edwards, who is personally known to me [yes] [no] or who produced Aot> A/4 4,„as identification. /2.141) My Commission Expires: F;statelE-111Edwards!Sener Doestbeed Special Warranty - NOTARY PUBLIC Printed Name of Notary Public eMer)7e...44--4,109e—,,s,e z COMMONWE6LTH OF PENNSYLVANIA Notarial Seal Camelia Wehrie, Not* Public Upper St Clair Vkp., Allegheny County My Commission Expires Aug. 14, 20tS MEMBER, PENNSYLVANIA ASSOCIATIOtil‘NotiRiEs Book28160/Page1685 CFN#20120442584 Page 2 of 2 This Instrument Prepared By: Thomas J. Matkov, Esq. DUNWODY WHITE & LANDON, P.A. 550 Biltrnore Way • Suite 810 Coral Gables, Florida 33134 Folio Number: 01-0112-010-1101 111111111111111111111111111111111111111111111 CFN 2O 12RO442 585 OR Bk 28160 Fsa 1686 - 1687; (lass) RECORDED 06/22/2012 11:01:43 HARVEY RUVIN, CLERK OF COURT MIAMI-DARE COUNTY, FLORIDA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made and executed this ).,91day of June, 2012, by SFIARON EASTWOOD HERTZLER ("Grantor"), whose post office address is 7 Windover Turn, Westerly, R.I 02891, to RED 112 SE 1ST STREET LLC ("Grantee"), whose post office address is 111 NE 1" Street, Miami, FL 33132. WITNESSETH; That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, convey and sell unto Grantee, his heirs, personal representatives, successors, and assigns, an undivided one -ninth (1/9) interest in that certain real property located in Miami -Dade County, Florida, and more particularly described as: The East 45 feet of Lot 12 and the West 10 feet of Lot 13 in Block 121, of NORTH, CITY OF MIAMI, according to the plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO: Taxes and assessments for the current year and subsequent years, to easements, conditions, reservations, restrictions and limitations of record and to applicable zoning ordinances. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrant title to the real property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. AND Grantor further warrants that she does not reside on the above described land or on any land contiguous thereto, and that such land is not the homestead of the Grantor nor is it contiguous to Grantor's homestead. Book28160/Page1686 CFN#20120442585 Page 1 of 2 OR BK 28160 PG 1687 LAST PAGE IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. Feint Name: J1dteJ STATE OF ( 7)n c .tcu COUNTY OF Al 6.) V_Se,c Shon Eastw od Hert ar ) ss: esse +X ) The foregoing instrument was ackn.owledged.before me this 13 aay of June, 2012, by Sharon Eastwood Hertzler, who is personally known to me j [no] or who produced as identification. My Commission Expires: t\31 ! NOTARY PUBLIC Printed Name of Notary .Public NATALIE C. BECK; MTV.?T PUBLIC M Real Estate E-111EdwardsiSeller DocslDeed Special Warranty - S.C.N.doc MY C.OMVSGION EXPIRES OCT. 31,2012 Book281601Pagel687 CFN#20120442585 Page 2 of 2 111111111111111111111111111111111111111111111 CFN 2012R0442586 OR Ek 28160 Fos 1688 - 1689; (2Pss) RECORDED 06/22/2012 11:01:43 HARVEY RUVINr CLERK OF COURT MIAMI-DADE CDUNTYr FLORIDA This instrument was prepared by: Thomas J. Matkov, Esq. DUNWODY WHITE & LANDON, P.A. 550 Biltmore Way, Suite 810 Coral Gables, FL 33134 Folio Number; 01-01 12-010-1 101 ANCILLARY PERSONAL REPRESENTATIVE'S DEED THIS INDENTURE, made and entered into this 7- day of June, 2012, by ROBERT J. CHEEVER, as Ancillary Personal Representative of the Estate of Mary Elizabeth Sheehan, deceased ("Grantor"), whose post office address is c/o David J. Merrigan, Esq., Merrigan & Merrigan, 10 Forbes Rd., Suite 110, Braintree, MA 02184 to RED 112 SE 1ST STREET LLC ("Grantee"), whose post office address is 111 NE ls` Street, Miami, FL 33132, WITNESSETH: THAT Grantor, for and in consideration of the sum of S10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, his heirs, personal representatives, successors and assigns, an undivided one -ninth (1/9) interest all that certain land situate in Miami -Dade County, Florida, and as described as follows: The East 45 feet of Lot 12 and the West 10 feet of Lot 13 in Block 121., of NORTH, CITY OF MIAMI, according to the plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO covenants, conditions, easements, reservations, restrictions, limitations and other matters of record, if any, all zoning and land use regulations, and also subject to taxes for the year 2012 and all subsequent years. Book28160/Page1688 CFN#20120442586 Page 1 of 2 OR E3K 28160 PG 1689 LAST PAGE IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: STATE OF ffle ) SS: COUNTY OF Robert J. C ever, .s Ancillary Personal .Represen twe a resaid The foregoing instrument was acknowledged before me this 2L day of June, 2012 by Robert J. Cheever as Ancillary Personal Representative of the e of Mary Elizabeth Sheehan, deceased. He is personally known to me or (no) or produced as identification. My Commission Expires: LAURA EtRAGO Notary PubSe, Maine RV C OM M inF - 77- ,-,-,1...,A40/0(2,5, 2014 N TARY PUBLTC Gra 91 Printed Name of Notary Commission Number n:\raI estate \e-Medwartis \seller clous \deed - ancillary personal rcprescntativc - eheeverdoe 'AURA EfiA136, Navy Pubk, Ws* My COntrtinkm MsAu,u2L2014. Book28160/Page1689 CFN#20120442586 Page 2 of 2 This Instrument Prepared By: Thomas J. Matkov, Esq. DUNWODY WHITE & LANDON, P.A. 550 Blitmore Way • Suite 810 Coral Gables, Florida 33134 Folio Ntunber: 01-0112-010-1101 111111111111111111111111111111111111111111111 CFN 2012R0442587 OR Bk 28160 Fss 1690 - 1691; (2pss) RECORDED 06/22/2012 1101:43 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made and executed this 10-' day of June, 2012, by ERIC PAUL BERGGREN ("Grantor"), whose post office address is 6 Danielle Road, Granby, CT 06035, to RED 112 SE 1ST STREET LLC ("Grantee"), whose post office address is 111 NE 1st Street, Miami, FL 33132. WITN ES SETH: That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, convey and sell unto Grantee, his heirs, personal representatives, successors, and assigns, an undivided one -seventy second (1/72) interest in that certain real property located in Miami -Dade County, Florida, and more particularly described as: The East 45 feet of Lot 12 and the West 10 feet of Lot 13 in Block 121, of NORTH, CITY OF MIAMI, according to the plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO: Taxes and assessments for the current year and subsequent years, to easements, conditions, reservations, restrictions and limitations of record and to applicable zoning ordinances. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrant title to the real property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. AND Grantor further warrants that he does not reside on the above described land or on any land contiguous thereto, and that such land is not the homestead of the Grantor nor is it contiguous to Grantor's homestead. Book28160/Page1690 CFN#20120442587 Page 1 of 2 OR BK 2S160 PG 1.691 I_ AST PAGE IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. W IttleSbes' ( Print Name: I Y- .'"c4 51r, 4-6 STATE OF CONNECTICUT Eric Paul Berggren „.„ ) ss: COUNTY OF r „i 3 The foregoing instrument was acknowledged before me this 9 day of Jude, 2012, by Eric Paul Berggren, who is personally known to me [n6.1 t, Or who produced CT / 7 / :?.0/D as identification. My Commission Expires: NOTARY PUBLIC Printed Name of Notaty Public tv! Real EstateT-H1EdwardsiSegler Doc.sWeed Special Warranty E.P..B..rioc - 7 - Book28160/Pagel 691 CFN#20120442587 Page 2 of 2 Thzs Instrument Prepared By: Thomas J. Matkov, Esq. DUNWODY WHITE & LANDON, P.A. 550 Biltmore Way • Suite 810 Coral Gables, Florida 33134 Folio Number: 01-0112-010-1101 SPECIAL WARRANTY DEED 1111111111111111111111111111111111111 I1111111 CFN 2012R04-42588 OR Bk 28160 Pss 1692 - 1693; (2999) RECORDED 06/22/2012 11:01:43 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA THIS SPECIAL WARRANTY DEED made and executed this day of June, 2012, by DIANE BERGGREN KONONCHIK ("Grantor"), whose post office address is 259 Judson Avenue, Mystic, CT 06355, to RED 112 SE 1ST STREET LLC ("Grantee"), whose post office address is 111 NE le Street, Miami, FL 33132. WITNESSETH: That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, convey and sell unto Grantee, his heirs, personal representatives, successors, and assigns, an undivided one -seventy-second (1/72) interest in that certain real property located in Miami -Dade County, Florida, and more particularly described as: The East 45 feet of Lot 12 and the West 10 feet of Lot 13 in Block 121, of NORTH, CITY OF MIAMI, according to the plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO: Taxes and assessments for the current year and subsequent years, to easements, conditions, reservations, restrictions and limitations of record and to applicable zoning ordinances. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrant title to the real property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. AND Grantor further warrants that she does not reside on the above described land or on any land contiguous thereto, and that such land is not the homestead of the Grantor nor is it contiguous to Gran.tor's homestead. Book28160/Page1692 CFN#20120442588 Page 1 of 2 OR BK 28160 PG 1693 LAST PAGE IN WITNESS WHEREOF, Grantor has executed these presents the day arid year first above written. eati„eAr• int Name: jar) I ex.J P2t rniv0A- STATE OF CONNECTICUT ) ss: iane Be grcn Jffionchik COUNTY OF )) The foregoing instrument was acknowledged before me this -r- day of June, 2012, by Diane Berggren Kononchik, who is personally known to me [yes] [no] or who produced CV --ac,LeiLaLii_e____ My Commission Expires: as identification. DAMCN N. NORTON NOTARY PUBLIC MY COMmiStoN EXIMIES AM. 30,2015 NOTARY PBLTC Printed Name of Notary Public A.1.112eal EstatelE-I-AEdwardstS'eller DoesIDeed Special Warranty - D. B.K..doc af• *— r) d tz`t 6 0,0 _ ? _ Book28160/Page1693 CFN#20120442588 Page 2 of 2 This Instrument Prepared By; Thomas J. Matkov, Esq. DUNWODY WHITE & LANDON, P.A. 550 Bilttnore Way • Suite 810 Coral Gables, Florida 33134 Folio Number: 01-0112-010-1101 1111111111111111111111H111111111111111111111 CFt41 2O12RO44259O OR Bk 28160 Pss 1696 - 1697; t2ass) RECORDED 06/22/2012 11:01:43 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made and executed this 07 day of June, 2012, by GAIL BERGGREN SPINNEY ("Grantor"), whose post office address is 33 Michele Drive, Norwich, CT 06360, to RED 112 SE 1ST STREET LLC ("Grantee"), whose post office address is 111 NE 1" Street, Miami, FL 33132. WITNESSETII: That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, convey and sell unto Grantee, his heirs, personal representatives, successors, and assigns, an undivided one -seventy-second (1/72) interest in that certain real property located in Miami -Dade County, Florida, and more particularly described as: The East 45 feet of Lot 12 and the West 10 feet of Lot 13 in Block 121, of NORTH, CITY OF MIAMI, according to the plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO: Taxes and assessments for the current year and subsequent years, to easements, conditions, reservations, restrictions and limitations of record and to applicable zoning ordinances. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrant title to the real property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. AND Grantor further warrants that she does not reside on the above described land or on any land contiguous thereto, and that such land is not the homestead of the Grantor nor is it contiguous to Grantor's homestead. Book28160/Page1696 CFN#20120442590 Page 1 of 2 e l< 28160 PG 1697 LAST PAGE IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. Witnesses': 62".11 Zrae).;j:44,-isle Prin'i ManeGail Berggren Spinney Print Mi I r STATE OF CONNECTICUT ) ss; COUNTY OF /KA) /oodaii C -01 The foregoing instrument was acknowledged before me this 7 day of June, 2012, by Gail Berggren Spinney, who is personally known to me [yes] [no] or who produced CT 0 L to$ '70 .% as identification. Bei K My Comm ission Expires: JOAN 5.,',F-.27.YLUCKi 14-07,1R.Y PFJBLIC MY COMMISS;ON flxrtEs ti1 3,94.7•° NOT Y PUtrIC Printed Name of Notary Public 3-13C1,,, 14-.1.y I 4./ C A4:1Real EstaletE-111Edwards1Seller DoesIDecti Special Warranty - G.8.S..doc Book28160/Page1697 CFN#20120442590 Page 2 of 2 This Instrument Prepared By: Thomas 1. Matkov, Esq. DUNWODY WHITE & LANDON, PA. 550 Biltrnore Way • Suite 810 Coral Gables, Florida 33134 Folio Number: 01-0112-010-1101 1111111H111111111111111111111111111111111111 CFN 2P312R04425.91 OR Bk 28160 Ns 1698 - 16991 (2ass) RECORDED 06/22/2012 110143 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made and executed this Id, day of June, 2012, by JOSEPHINE R. BERGGREN ("Grantor"), whose post office address is 3321 Meadow Run Circle, Venice, FL 34293, to RED 112 SE 1ST STREET LLC ("Grantee"), whose post office address is 111 NE 1st Street, Miami, FL 33132. WITNESSETH: That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, convey and sell unto Grantee, his heirs, personal representatives, successors, and assigns, an undivided one -eighteenth (1/18) interest in that certain real property located in Miami -Dade County, Florida, and more particularly described as: The East 45 feet of Lot 12 and the West 10 feet of Lot 13 in Block 121, of NORTH, CITY OF MIAMI, according to the plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO: Taxes and assessments for the current year and subsequent years, to easements, conditions, reservations, restrictions and limitations of record and to applicable zoning ordinances. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrant title to the real property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. AND Grantor further warrants that she does not reside on the above described land or on any land contiguous thereto, and that such land is not the homestead of the Grantor nor is it contiguous to Grantor's homestead. Book28160/Page1698 CFN#20120442591 Page 1 of 2 OR Bk 28160 PG 1699 LAST PAGE IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. W i esscs Print Name: IAA.C7‘..(\ Print Name: STATE OF FLORIDA ) ss: COUNTY ( The foregoing instrument was acknowledged before me thi/c)—day of June, 2012, by Josephine R. Berggren, who is personally known to me [yes] [no] or who produced FLS 11.) as identi.fication, t'rH 4g;;;c;',01"4*4›. My Cornmission Expires: Itiimyco • • 0/anim,ExPires • Ju'Y 24 2 009089s7 cly•A OF F1.0;40v aralt?E-11',EflivirnisSaller DoesIDeed SPitelrefliitttralify - -2- T MALI ted Nwne of Notary Public Book28160/Page1699 CFN#20120442591 Page 2 of 2 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT 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 of 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 riot required to fill out this form. NAME: HOME ADDRESS: CITY: 1,4 (First Narne) (Middle) A/.5 (Last Name) (Address Line 1) HOME PHONE: EMAIL: fifl.,9711? f© aiia . Goff (Address Line 2) STATE: Florida ZIP: 33/ 3� CELL PHONE: 30S- t6/—/a FAX: BUSSINESS or APPLICANT or ENTITY NAME it2. c BUSINESS ADDRESS: /// (VC / 44101 (Address Line 1) 1Yr9•y/ FL 33/3 2. (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. A VAK.t#Nr,€ 5I;f- ala SET8Ac 5. Aea/6 -n sr�R� trifC. Ac l3 ' ST 'i , �`� i "lt.t+Jtr Uj pd i )(ED USE f3W INlr� %% NON Cuifol. 1410(7 I.VT 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 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. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. f" I�7 c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. >Az 5. Describe what is being requested in exchange for the consideration. N% ACKNOWLEDGEMENT OF COMPLIANCE I 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 SUBMITTING DISCLOSURE: Signature Print Name Sworn to and subscribed before me this 3 0 ' day of rvict,44 , 20+ it? . The foregoing instrument was acknowledged before me by Nr 6,.E Et(As, , who has produced -pi? — rig -22 -'0 as identification and/or is personally known to me and who did/did not take an oath. ST' JF or Fr ny CI ' + A MI VANESSA TRUJl110 ry ` �`QQMMI:SION q EE 105250 t rC� e M od}�.Si(PIRES: July 11, 2015 Notary EX ; , , Bonded Thru Wan), Public Underwrite's fq ( _ /ry Print' ame Enclosure(s) Doc. No.:86543 Page 2 Address City of Miami sae v MIAMI 21 CODE -ZONING REFERRAL f .9 t-A 4 H. Hearing Board (Planning Dept) 444 Southwest 2nd Avenue, 3rd floor Miami. Florida of property(ies): riwaiver appeal ;� Lr33130� 115 G , i Attached documents for the following permit application: Exception Special Area Plan arrant appeal Amendmend to the Code Zoning Change r_iVariance Other COMMENTS: 4V (9JU CQ , iY cyl Gt.Y 6tAA‘t 'r-P (irl( h (,kb( -1--e. -- w Iv a p7- b _ fAuse milk__ l 1I Ik ijk a IX, vk- caA ►AAA _ O ice of Zoning Date ONE15 URBAN CORE TRANSE[TZONE O) APPLICATION FOR A VARIANCE, SUBJECT TO COMPLIANCE VVRH THE M|A[W| 21 ZONING ORDINANCE AND yN|A[N| CITY CODE, AS AMENDED, AND ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. Pursuant to the Miami 21 Code, as amended, the Zoning Ordinance of the City of Miami Florida, the subject proposal for ONE 15,AT115SE 1STREEl, K4|/\K4|, FLORIDA ]3131,has been submitted and reviewed to allow an application for a VARIANCE subject to all applicable The proposed development, "ONE 15", will be comprised of a new/ 13-Story Mixed -Use Building with 69 Dwelling Units and approximately 970 square feet of Commercial area, located onaNonconforming Lot. VARIANCE REQUEST, pursuant to Article 7, Section 7.1.2.7, to allow relaxation of the terms of the Miami 21 Code for the required minimum side and rear Setbacks above the 8th Story; Required Side 30' Proposed Side (East) 31-1011 Request to be waived 261-211 Required Side 30/ Proposed Side /VVest\ 4'-4" Request to be waived 251 — 81; Required Rear 30' Proposed Rear G' Request tmbewaived 25' VARIANCE REQUEST, pursuant to Article J, Section, to a|kovv relaxation of the terms of the iami 21 Code for the required loading requirements, from one (1) loading berth to zero (0). / ( ` Pamela Stanton Date Zoning Plans Reviewer ClI/ OF M/AM/ Planning Zoning Department +*uo/211,1a,mC.^umou`*1,33/30 EXHIBIT "B" Graphic Soak .n ee LOT-0 sLOCX-teF/. RBu4rict of LOT-ffi aaac-12v LOT-t MOCK-121-N LOP. ///5:00: {R { I SE. 1st STREET LOT-8 aoac-trrw LOT-d O O n'�n4aPLEA Lx LOT43 �., IlLoCX-121-N ] SARYawC� FLA4i FA $1 :9MFVAL OP F=DE LOCATION MAP AI,. (NOT TO SCALE) LEGAL DESCRIPTION: The East 45 :eat of Lot 12 east the VJeH.10 feet at Lot 13. In Block 12144 eocOrdlog ie the p1at:1ereot, as recorded le Rat BOOK B. at Page 410 of Lae Puofic Recants of Miem40ade Crony, Fonda 5 VICINITY MAP _10 SIDE VIEW ZONING DIAGRAM `,?..H.)t) LOCATION MAP PLAN VIEW LITMENWES AMA" STREET LEVEL BUILDING PERSPECTIVE RAMOS ZONING DATA arIE-SEIUTTNEVEATTES MIANITOMA QIWiEfFAECOROSI Maw. W.W.I MUTECEMLITY CIE( OE MIMES I TENT. LOWNSWETTEES 1.0T OCCI.MATION TWW LIMAN Lbw TRANWEN .1110.0) LOT AREA SOSO SWAN LOT WITall .100 W. NW 1 PROMISED e,SWITS. (.1 ACRE. WET .PREMOUS NAT LOT CENEWEGE EtC1041.01. RATIO FRONTAGE ATITRONT SWIM. GREEN/OPEN SPACE REQUIREMENTS PICSENIE W.I.., (cr. ma DU SUSUMU JETSAM riox tsmo SMWSWE SE ETIOIMMES aa m8,4014401. 0,00,41....1.111. TES SSW MI Wal MONT REWERESIT PASIWASIM PROMS. irx tor PAPAW 2122EftirkkU) IS. les OF. FROMM, IWWWWRE WU' . • MS FEW WIWI MAMMA M MAWR. WNW NI I WTIMISIWO LINTS WIWELMO 7 AMONEW REQ.. I. PREMISED 11W200W_II 16 ELWIN 03...st Bout. tiley It, FT .A:TWE MN ETC. IITY NAN., wsPERNATIOX 5.e., -.43-130.01.1' sum... SECONWAY re rt....t. Fr. ahOW ermi sr., $ WA MOE SWIMS% (EAST! a FT. ISMISOW.ASONE MN STEMS `. WIWI, PRENWEISITEWUWOUT i WOE SEM. (WEST) 0 ET. IOW WET.A.SOVE 6111 STEM r T, FS PRONEETVIIIMMONOUT SWE TT. masses 'morn I RES, PARIINVM MOT REQUIRES MR ARTENWt, TAME s aSseMOR RESIDENTS. PARSING EITOSISSTIPORMAIL.E.MTER WKOWSEUEOR wrE E,LENEws spAwEs, R220220MEOWS PER 'IP.LE S. TABLE A -2 SWAGES SUISUN* IMEWWWORMEJ PRINCEM1 sum. UUTISADING 1 MM mu* ray. 0 FT. WM/ M FT. WIMM WOW • 210020200 1 I MIA WAIVERS REQUIRED 1.1WASNWE WSW SEISMS MEM. ENE WILDNWS*- 1 Md. ESEMEMEIIM SI TAMING SWIMIIRIE LEMMA. awl N MITIMISSIS MT. IUMNIMMENSWINS PARKING ISAMENSIWW MENG MUM. SEMIL-IINSM FROMM 3SEWEE IMOREOAWTO 1.322120S HEWS. MAIIITONSIMMMTW ISMS MOUES. MUM PEENSEIMW MSEPARINGEUMMUT sENESETOMMQ PISMO, I EMMERT, ISSOMATI, SW ENT t W.rT MEI., EMIRS WNW. , ' 00202220 SUESING IESICRW ELS.. LEGAL DESCRIPTION MEMICRISMIEM EMT QUEERS NOME LOT OW SW MS SIM WINISINSWOI ONION 116* APPLICABLE CODES t MIIIKOWNRIEW*CLO. 11.0112182•14010101r.i. flitIrMissOCON. SMOMMEMSESIE:SIMMES STMENSMC MX"! SCO1'E OF WORK ADJACENT MEMESC PROEM, , . EMAIL. I MIS WEMING. I:. Ex,r,rwc Extsrte. sosr i --IYarrrierd LONMIG TONE R.91.1C 1PUSLX 1.91.1C P1111,11.. I PARKING Nuspowa .7, 1.122.2' ZONING DIAGRAM/SITE Pll_FFN w in, Er meMSS Net PEN Mom IIEN MAN. 844.111. a Si IN ww W W AO, ilEd.V1.4. Wax. Sew ZONING DATA AND BUILDING DATA A1.01 ZONING SUBMITTAL SET -APRIL 10:2014 SOUTH WEST VIEW MIAM PARKING AUTHORITY LETTER '02 NA2 SOUTH VIEW ;FRONT1 N TA LOCJAMA MA:10A SOUTH EAST VIEW 77 ZONING SUBMITTAL SET- ARIL 10. 204 Ui CO • I- 0 X ° EIC < SITE IMAGES -A1.02 I I 0 0 , ARV • : „ • • I • , , . t I. — - 4 • .4' 1,,F1111:LAKIY.MN R.,015£,ESALFleft ri; I 7,1 0 ft , •"- I 3:1, —34-11 I/A.1 14; •'7' GROUND LEVEL FLOOR PLAN • 1 '....';`21 7 44- - TONING SUBMITTAL SET- APRIL 10, 2014 GROUND FLOOR PLAN A-2.01A .. WM. . . • 4ZZ t . . F'. 1,, - l'.14: [...,,,,,,F,,,,,=,,,,O, Fl ,,.. -' '''•• i. • 13.0/KrT MYER SICV1,, 11.111O)11,11i ,[... ,.F. -,,4....FY21,10.!....1...nk,7.7.11W„. '"',,F,1•7:!24.-..,p i [ • -.1 , s 1[11); '. ' - • -•,44'• ,.. fl m:,:T.,,,,,:t. . . r... r,„, 11,111 SECOND LEVEL FLOOR PLAN 4 ZONING SUBMiTTAL SU-APRIL 10, 2014 PA.,..11 SECOND LEVEL FLOOR PLAN A2.02A TYPICAL AND PENTHOUSE LEVEL FLOOR PLANS A2;c4iscAE ZONING SU6F1'77AL SE R PR!L 16, 2014 $YPICAL AND PENTHOUSE - LEVEL FLOOR PLAN 'A2.03A STAIR 2 ROOF PLAN Iit�L\C; _F W&[ A.KEXP.L't ROOF PLAN ZONING SUBMITTAL S APRIL I 0, 2014 w x� < a UPPER AND LOWER ROOF LEVEL FLOOR PLAN A2.©4 ' IEVA1FXi KEY �FJNS .ee.rxr.ay.o..e:m x+ /� / �7.a:. rerawv vt oxcws F;'''ewer'we �ruaw rm��zerri�..ewre,e+n mnn w+�a m_e..ra. 4L[uc,_.. _,_._.r. .. _..�.. �/ ii,,,,%`� J / ,,° �/fJ.s: . 'i _ < fp y /l3rf,//f. ._f Q3/ /��/ 9 s /7 te / f� ff %�T%/ �ice 6 ax aw...%/ t :a, .,....cr so - ks //j/i! �/ f� 2I M :u v' El>smssm €a:.aarve:sre..aecwecw. 3 WEST ELEVATION EXTERIOR WALL OPENING DIAGRAM : C NORTH ELEVATION LL EXTERIOR WAO ING DIAGRAM ,aa rn= tip (Cr �• v I 011. i I i EE r. i= CEJ. :' q� in mo oe}.,,, rwtf � d,.tt �, I, i ; M1 't 1•a.3 r-.- > . R " 2 ti� - [i] NI i A MfXEO-USE PROJECT V i 9 I-. ''�I I I ' my 1 S `��• } I a�M1ul�l: 3.SrN. ' F.Mz is i z '. dE �" 4 . f 0` i r CrrY i I i 'Z y4.�A4 . Y :,z titAsiar ERy IOR E4VATIONSM { ns -n� . l QRTN ICE iq $41ETN FWSN,,T1 & {SIDE ELEVATION (WEST) ,meg: NORTH AND SOUTH ° A,} x. A3.01 ...., ELEVATIONS __— ZONING' SUBSAIttALSET- ApRL1o,2014 s�+c r1�'-Y c' E. :vn0 v rmTES y-d-'1 11. �.r.oa,..c.. . ,. Pc'-iFlrTr r r / j//o f / 1 '7Y"/ -/ %��yr� Y/!/� ,®..- .ado, ttU rre cu_ ."""'" e '1�i 4JI ,rrc,c.otam *A, et - ----- - - -__ - BN EAST ELEVATION EXTERIOR WALL OPENWG DIAGRAA1 _ _,____ _____-_ _-- _ IN � µ•„ I 1 I ' i $ F-1 { m r. _ ( A MIXED -USE � PROJECT V .. Ti .._ r i D 1 I I A Est .M a 1',1 I -. 1 I s I-J -o- f, i 1 f j 1 1— 1,OR f -wl Jj( f I m . I I y16NS ________ EAST 18 x:=�..'" ta n 3 02 P-1J ifL ' A ,EAST ELEVATION \`'>'� s:x[. VE..i.y ZiiNBC-S`UBIOITTArSET-�RL1 ,, 2014 6BUILDING SECTION BIJILONG SECTION A . , ZONING SUBMITTAL SETI APRIL 10, 7014 15 w CO 63 63 X -3 BUILDING SECTIONS A3.10 • egeb ett „Ilk WOO Glie 011:6 GOO Obit 414 bil ,Y11, 21,,9 Vt- tp, • pg,t. ipsv V4.5, h y • N. + m AM e ,------, , LANDSCAPE EGEND • City Work, Rodda 2r-.• IVA N. . . 313.. 1 o a WA NM 5:1 9 0 . , _...... C' LANDSCAPE PLAN r St ZONING SUBMITTAL SET- API2IL 4, 2014 15 croUi au X --a < ,01110A rsa %Mt ,24e U,12,11, GROUND FLOOR LANDSCAPE PLAN -Li.ol This Instrument Prepared By: Thomas J. Matkov, Esq. DUNWODY WHITE & LANDON, P.A. 550 Biltmore Way • Suite 810 Coral Gables, Florida 33134 Folio Number: 01-0112-010-1101 SPECIAL WARRANTY DEED 111111111111111111111111111111111111111111111 CFN 2012R0442589 OR 8k 28160 Ps 1694 - 16951 (2pgs) RECORDED 06/22/2012 1101:43 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA 1 THIS SPECIAL WARRANTY DEED made and executed this 1)4)day of June, 2012, by FREDERICK WILLIAM BERGGREN, JR. (",Grantor"), whose post office address is 21 Ridge Road, Groton Long Point, CT 06340, to RED 112 SE 1ST STREET LLC ("Grantee"), whose post office address is 111 NE 1st Street, Miami, FL 33132. WITNESSETH: That Grantor, for and in consideration of TEN DOLLARS (S10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, convey and sell unto Grantee, his heirs, personal representatives, successors, and assigns, an undivided one -seventy second (1/72) interest in that certain real property located in Miami -Dade County, Florida, and more particularly described as: The East 45 feet of Lot 12 and the West 10 feet of Lot 13 in Block 121, of NORTH, CITY OF MIAMI, according to the plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO: Taxes and assessments for the current year and subsequent years, to easements, conditions, reservations, restrictions and limitations of record and to applicable zoning ordinances. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrant title to the real property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. AND Grantor further warrants that he does not reside on the above described land or on any land contiguous thereto, and that such land is not the homestead of the Grantor nor is it contiguous to Grantor's homestead, Book28160/Page1694 CFN#20120442589 Page 1 of 2 OR BK 28160 PG 1695 L AST PAGE IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. Wimess _.-----"-- Prin t Name: LOt2_t tk-111.11U G•7••:\ • Prii nne: \litfiree 7)401 STATE OF CONNECTICUT COUNTY OF New 10,Wievi Frederick William B en, Jr. ": 664" The foregoing instrument was acknowledged before me this //1"( day of June, 20I2, by Frederick William Berggren, Jr., who is personally known to me [yes] [no] or who produced as identification. My Commission Expires: NO' Y PUBLIC •‘,1-4?.-- 4-,< Pridted Aropve qf Notary Public JANET L. DowNs soma- panic PlY COMMISSION eavit-s NRY.30,201$. EstateE-HIEdwards1Seller Docs\Deed Special Warranty • F. W.B..doc 2 Book28160/Page1695 CFN#20120442589 Page 2 of 2 EXHIBIT "C" MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2014 Approvals shall be granted when the application complies with all applicable regulations; conditional approvals shall be issued when such applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if, after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations. d. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall be de novo applying the Exception criteria in this Code and taken to the City Commission, pursuant to section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.6.c. of this Code. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. e. An Exception shall be valid for a period of two (2) years during which a building permit or Certifi- cate of Use must be obtained. This excludes a demolition or landscape permit. A one (1) time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. 7.1.2.7 Variance a. Variance defined; limitations. A Variance is a relaxation of the terms of the Miami 21 Code, and is permitted only in those ex- ceptional circumstances when 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 the Miami 21 Code would result in unnecessary and undue hardship on the property. A Variance shall be authorized only for Lot size, Lot Coverage, dimensions of side or rear Setbacks, parking and loading requirements, and Open Space requirements. Variances shall be prohibited for anything not included in the listing above, except as specifically provided by this Code. A Variance from the terms of the Miami 21 Code shall not be granted unless and until every mitigating measure to offset the impact of the relaxed requirement can be shown to have been taken. Regulations of this Miami 21 Code that are not eligible for adjustment by Variance may be eligible for administrative Waiver. See section 7.1.2.5. Unachievable maximum Density, Height, or floor -plate, nonconforming Use of neighboring lands, Structures or Buildings in the same Transect, and permitted Use of lands, Structures or Buildings in any other Transect, shall not be considered grounds for the granting of a Variance. b. Criteria for approval. An application for a Variance shall be approved only if it demonstrates all of the following: VII.25 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2014 1. Special conditions and circumstances exist that are peculiar to the land, Structure or Build- ing involved and that are not applicable to other lands, Structures, or Buildings in the same Transect; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. Literal interpretation of the provisions of the Miami 21 Code deprives the applicant of rights commonly enjoyed by other properties in the same Transect Zone and results in unnecessary and undue hardship on the applicant; 4. Granting the Variance requested conveys the same treatment to the individual owner as to the owner of other lands, Buildings or Structures in the same Transect Zone; 5. The Variance, if granted, is the minimum Variance that makes possible the reasonable Use of the land, Building, or Structure; and 6. The grant of the Variance is in harmony with the general intent and purpose of the Miami 21 Code, and is not injurious to the Neighborhood, or otherwise detrimental to the public. 7. The Variance if granted, is consistent with the applicable criteria as set forth in Article 4, Table 12 as such relates to the particular location for which the Variance is being sought. c. Prior to submitting an application for a Variance under this Code, the prospective applicant shall meet with the Zoning Administrator and the Planning Director in a preapplication meeting to obtain information and guidance as to matters related to the proposed application. d. Review by Planning Director. The Planning Director shall determine if a submitted preliminary application for a Variance is complete. Upon making a completeness determination, the Planning Director shall prepare rec- ommendations, and shall certify the preliminary application and accompanying recommendations to be filed with the Hearing Boards Office for consideration by the Planning, Zoning and Appeals Board. e. Review by the Planning, Zoning and Appeals Board. 1. Notice. A quasi-judicial hearing shall be conducted by the Planning, Zoning and Appeals Board on the Variance application. Formal public notice of hearing by the Planning, Zoning and Appeals Board of the application shall be issued. The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial applica- tion. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register VII.26 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2014 on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. 2. Decision by the Planning, Zoning and Appeals Board. The Planning, Zoning and Appeals Board shall consider the recommendations of the Planning Director, conduct a quasi-judicial hearing, and shall issue written findings that the application meets or does not meet the applicable criteria allowing for a Variance from the regulations of the Miami 21 Code. In no event shall a Variance be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the Plan- ning, Zoning and Appeals Board shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five (5) days, distribute the Variance to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property, and the City shall post on the City's website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial of a Variance. 3. Conditions and safeguards. In any Variance, the Planning, Zoning and Appeals Board may prescribe appropriate mitigating conditions and safeguards in conformity with the Miami 21 Code. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the Miami 21 Code and grounds for revocation of the Variance. f. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall be made to the City Commission, as a de novo hearing, and as set forth in section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.7.e. of this Code. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. g. A project for which the Variance has been obtained shall be valid for a period of two (2) years during which a Building Permit or Certificate of Use must be obtained. This excludes a demoli- tion or landscape permit. A one time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. VII.27 EXHIBIT "D" CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT 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 of 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: Sergio Rok (First Name) (Middle) (Last Name) HOME ADDRESS: 48 East Flagler Street (Address Line 1) Penthouse (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 3 '77 - 4 9 21 CELL PHONE: (305) 613-1313 FAX: EMAIL: sergio@rokenterprisesinc. corn BUSS.INESS or APPLICANT or ENTITY NAME Downtown Realty Investments BUSINESS ADDRESS: 48 East Flagler Street - Penthouse (Address Line 1) Miami, Florida 33131 ,(Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Appeal of Planning and Zoning Appeals Board Approval of Three (3) Variances for Property located at 115 SE 1st Street, Miami, Florida; File #ID14-00522 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? ❑ YES 0 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. 3oc No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional narnes can be placed on a separate page attached to this forrn_ 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I 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 a same issue hall be reviewed or considered by the applicable board(s) until expation of a peri of one year after the nullification of the application or order. ,t j' PERSON SUBMITTING DISCLOSURE: ✓ ig ure d Sergio Rok Print Name Si'orn to and subscribed before ,ne this j (! clay oo -- ;H'tor rS of II . The foregoing instrument was acknowledged before rite by � > r *1T, /_ , litho has produced as identi rcation and/o is i.' f p chHt r • • „•,Intl who did/did not take an oath. , r • STATE OF FLORIDA .b� f` a�"; cn CITY OFMTAMI ., „', _ ^o� -0 MY COMMISSION •, �.Not EXPIRES: _� / '' •, am -' P v` t 111 (me Enclosure(s) Doc. No_sc;543 Page 2