HEARING BOARDS 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 Telephone 305-416-2030 Fax 305-416-2035 www.miamigov.com/hearing_boards VARIANCE Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us at the number above, should you have any questions. The deadline to file the complete application with supporting documents is the first five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, at 12:00 pm. The application submittal date is the date stamped by Hearing Boards’ staff on this page. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the application shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review before the deadline to ensure completeness. 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. All documents, reports, studies, exhibits (8 ½ x11”) or other materials submitted during this process will be kept as part of the record. An additional fee to record Zoning Board resolutions will be charged, and it is determined contingent upon fees charged at the time of recordation by the Miami-Dade County Recorder’s Office at 22 NW First Street, First Floor. Upon arrival, ask for a certified copy of the Zoning Board resolution. They will keep the original, but please have them mail it to us at the address above, and bring the certified copy to our office. Copies of City Commission resolutions/ordinances can be obtained at our website through the “Legislative Hub”, or for certified copies, please contact the Office of the City Clerk at 305-250-5360 or at 3500 Pan American Drive. 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. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, 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 issue, if there is any disclosure 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. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Office of Zoning. Rev. 12-16-08 American LegalNet, Inc. www.FormsWorkFlow.com Please refer to Article 19 of the Miami Zoning Ordinance for Variance information. 1. Applicant name(s): 2. Subject property address(es) and folio number(s): 3. One (1) original survey dated within six (6) months from the date of application prepared by a State of Florida registered land surveyor. 4. 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. 5. Bring the original 24x36” plan to Hearing Boards to be stamped, dated and initialed by a designee and then by the following departments before the application is filed: a) Department of Public Works on the 8th Floor; b) Office of Zoning on the 4th Floor; c) Planning Department on the 3rd Floor. Note: If comments are generated by any of the above, you must return to the architect or engineer to have those comments incorporated into the plans, and you must begin #5 again. Plans are to be submitted to Zoning for first time review starting from the 8th through the 20th of each month. Zoning will not be accepting first-time review plans after the 20th day of the month. 6. After obtaining signatures from the above departments, two (2) 11x17” and one (1) 8½x11” copies of the original plan, in addition to the survey. 7. Original and current Zoning Referral and Zoning Write-Up signed by Office of Zoning designee. 8. The subject property(ies) cannot have any open code enforcement/lien violations, unless the request, if granted, would remedy the violation. 9. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 10. At least two photographs showing the entire property showing land and improvements. 11. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 12. 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. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owners and contract purchasers, if applicable, of the subject property (see pages 5 and 6). 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). 2 Rev. 12-16-08 American LegalNet, Inc. www.FormsWorkFlow.com 16. 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 to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 17. What is the acreage of the project/property site? 18. What is the purpose of this application/nature of proposed use? 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. 21. In support of the application, please supply the following evidence, on the point enumerated in Section 1903 of the Miami Zoning Ordinance. Note: This application will not be accepted unless items (a) through (f) below are complete. Please list evidence to be produced and use additional sheets, if applicable. (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. No. Yes. If so, explain. (b) The special conditions and circumstances do not result from actions of the petitioner. No. Yes. If so, explain. (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. No. Yes. If so, explain. (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. No. Yes. If so, explain. (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure. No. Yes. If so, explain. (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. No. Yes. If so, explain. 3 Rev. 12-16-08 American LegalNet, Inc. www.FormsWorkFlow.com 22. Cost of processing, according to Section 62-156 of the Miami City Code*: a. CS, PR, R-1, R-2, (Single-Family and Duplex Residential uses) $ 250.00 b. Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot Minimum $ $ 45.00 700.00 c. 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 Minimum $ $ .10 650.00 Application for Variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per Variance: a. CS, PR, R-1, R-2 $ 250.00 b. All other residential districts $ 450.00 c. All nonresidential districts $ 550.00 d. Extension of time for Variance $ 500.00 $ 3.50 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars (800.00), except from agencies of the City; such surcharge to be refunded to the applicant if there is no appeal by the applicant or from a property owner within five hundred (500) feet of the subject property. *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Mailing Address Name Telephone E-mail STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 , by who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature 4 Rev. 12-16-08 American LegalNet, Inc. www.FormsWorkFlow.com AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, 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 a classification or regulation of zoning as set out in the foregoing petition, including or 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 names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of , by 20 who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who as identification and who did (did not) take an oath. has produced (Stamp) Signature 5 Rev. 12-16-08 American LegalNet, Inc. www.FormsWorkFlow.com DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner’s Name(es) Percentage of Ownership Subject Property Address(es) 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 , by who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature 6 Rev. 12-16-08 American LegalNet, Inc. www.FormsWorkFlow.com PREPARING LIST OF PROPERTY OWNERS WITHIN 500 FEET You will only be responsible for providing the documents as instructed below in order to meet the filing criteria. You will not need to obtain signatures from any of your neighbors before, during, or after the public hearing process. Below is the format required for preparing the ownership list of real estate properties within 500 feet of the subject property. This information must reflect the most current records on file in the Miami-Dade County Tax Assessor’s Office. If you have any questions, please call us at 305-416-2030. • Should you wish, you may obtain this information from a real estate consultant found in the yellow pages of your phone book. 1. COVER LETTER – You may use the format shown on the following page. The letter is to be signed by the person who composed the list. 2. MAP – A map of the property showing the radius—from the outside boundary of the site—indicating all properties within a 500-foot radius. 3. OWNERSHIP LIST – The list should include the owners’ name(s), mailing address, property street address(es) and legal descriptions, including individual unit owners of condominiums. This list must be provided in the format shown below. OWNERSHIP LIST Legal Description: SUBDIVISION NAME (Plat Book/Page) Block #, Lot #, Street Address Mailing Label: Owner’s Name(s) and Mailing Address City, State Zip Code Example: A.L. KNOWLTON’S MAP OF MIAMI (B-41) Block 1, Lot 2 345 SW 6th Street JOHN SMITH 123 SW 4th Street Miami, Florida 33156 4. MAILING LABELS – Three (3) sets showing only the name and mailing address of all property owner(s) listed in the ownership list, as in the example above, using one space per name. Be sure to observe the margins of each space. Please avoid duplication of labels where the same owner name with the same property address appears more than once. 7 Rev. 12-16-08 American LegalNet, Inc. www.FormsWorkFlow.com Date CITY OF MIAMI HEARING BOARDS P O BOX 330708 MIAMI, FL 33233-0708 Re: Property Owner’s List Within 500 Feet of: Street Address(es) Total number of labels without repetition: . I certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within a 500foot radius of the subject property listed above. This information reflects the most current records on file in the Miami-Dade County Tax Assessor’s Office. Sincerely, Signature Name or Company Name Address Telephone E-mail 8 Rev. 12-16-08 American LegalNet, Inc. www.FormsWorkFlow.com