LTC 160-2002
~
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. /&tJ. ~tJz,
~
From:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez \ . ,,- /"
City Manager 0 """'7J
3080 North Bay Road - Status Report
Date: July 1, 2002
To:
Subject:
Recently, an architecturally significant single family home at 3080 North Bay Road, which
was constructed prior to 1942, was demolished without any approvals or permits from the
City. This demolition was done in violation of the Single Family Demolition Procedures
section of the City Code, as well as the Florida Building Code.
The owner of the subject property was brought before the Special Master for eight (8)
separate violations of the Code. At the May 6, 2002 hearing of the Special Master,
approximately $16,000.00 in fines were levied. Such fines have been paid and the owner
of the property has obtained all required after-the-fact permits and cleared the site of all
debris.
Members of the City Administration and Legal Department have met with representatives
of the State Attomeys Office regarding the illegal demolition. The City's Police Department
has concluded that insufficient evidence exists to bring charges against the owner of the
property or the operator of the demolition equipment. However, the representatives of the
State Attorneys Office indicated that additional research would be needed before they
reach a final conclusion on the issue of filing charges. To date the State Attorneys office
has not responded to messages left by members of the City Administration and the Legal
Department.
As the Commission is aware, Section 142-105 of the Land Development Regulations is in
the process of being revised to create new construction procedures for those properties
where a Single Family Home constructed before 1942 was demolished without required
approvals. Such ordinance has been approved on First Reading by the City Commission
and would require that the Design Review Board (DRB) approve all new construction on
any site where demolition of a pre-1942 single family home occurred without required
approvals. If the building demolished without required approvals was determined to have
been architecturally significant, the original home would be required to be replicated in the
same location.
The Planning Board transmitted the amending ordinance to the City Commission with a
favorable recommendation on May 28th, 2002, thus initiating "zoning in progress". Because
the owner of the property at 3080 North Bay Road did not obtain a Full Building Permit for
new construction prior to May 28, 2002, zoning in progress requires that any new
.
Page: 2
Date: July 1, 2002
LTC - 3080 North Bay Road Status Report
construction at 3080 North Bay Road be approved by the ORB and consist of a replication
of the original structure.
.
JMG:~:JGG:TRM
F:\PLANI$ALl\CM_RESP\30SONORTHBA YRD.L TC,DOC
c: Christina Cuervo, Assistant City Manager
Murray Dubbin, City Attorney
Gary Held, First Assistant City Attorney
Rhonda Montoya, First Assistant City Attomey
BobPaf'Cher, City Cterk
Phil Azan, Building Official
Jorge G. Gomez, Planning Director
William Cary, Director of Design, Preservation and Neighborhood Planning
Thomas R. Mooney, Design and Preservation Manager
n ~
.- ::0
...-\
F <- rn
""'-. c::
.......~.
;. ~ :'- (')
r I
{"1"1 u:> rn
-;0 -
~ -0 <-
r.P ~ rn
0 C?
-n 0
-n (.1\
-
n 0
{"1"1