LTC 129-2003CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No.
To:
From:
Subject:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez
City Manager
3080 and 3100 Nortt't'Bay Road - Status Report
Date: May 27, 2003
Last year, 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, and the owner of the subject
property was brought before the Special Master for eight (8) separate violations of the
Code; approximately $16,000.00 in fines were levied and such fines have been paid.
As the Commission is aware, Section 142-105 of the Land Development Regulations has
been revised to create new construction procedures for those properties where a Single
Family Home constructed before 1942 was demolished without required approvals.
Specifically, the Design Review Board (DRB) is now required to 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 is
determined to have been architecturally significant, the original home is required to be
replicated in the same location.
Recently, construction has commenced on the site at 3100 North Bay Road, which is
immediately adjacent to the now vacant lot at 3080 North Bay Road. These two (2)
separate lots are owned by the same individual, and both homes contained single family
homes. The home at 3100 North Bay Road was demolished in accordance with all
applicable code provisions.
Section 142-105(d)7 of the City Code specifies that for those properties where a single
family home constructed before 1942 was demolished without prior approval, any new
construction on the subject site shall be limited to the overall square footage, building
footprint, height and location of that which previously existed on site prior to the
unpermitted demolition, to the greatest extent possible in accordance with the applicable
building and zoning codes. In the event the subject home was architecturally significant,
the new structure shall be designed and constructed to match the exterior design and
architectural details of the original structure demolished to the greatest extent possible in
the same location, in accordance with all available documentation and in accordance with
the applicable building and zoning codes.
P~g~: 2
Date: May 27, 2003
LTC - 3080 and 3100 North Bay Road Status Report
The code further specifies that in the event the applicant endeavors to construct a new
home on multiple, combined lots, and one of the lots contained the subject building
demolished without required permits and approval, construction of the new home to match
the exterior design and architectural details of the original home shall only occur on the lot
on which the demolished home was situated. Separate new homes, which are not attached
in any way to the lot on which the demolished home was situated, may be constructed on
the remaining lots without approval from the design review board.
Consequently, the owner of the lots at 3080 and 3100 North Bay Road was not permitted
to construct a larger home on both sites. The owner instead opted to leave the lot at 3080
North Bay Road vacant and to limit the new construction solely to the site at 3100 North
Bay Road. Further, because a process number had already been issued, he was allowed
to utilize the zoning requirements in place at the time he submitted for Building Permit, and
was not subject to the new single family development regulations.
The Code does not set forth a timeframe for reconstructing the original, architecturally
significant single family home at 3080 North Bay Road, which was demolished without a
permit. This requirement, however, has been recorded in the public records and runs with
the land; thus any future owner would be subject to this provision of the code.
If you have any questions relative to this matter, or you need additional information or
clarification, please contact me.
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C:
Christina Cuervo, Assistant City Manager
Murray Dubbin, City Attorney
Gary Held, First Assistant City Attorney
Rhonda Montoya, First Assistant City Attorney
Bob Parcher, City Clerk
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