Loading...
LTC 277-2003 .' CITY OF MIAMI BEACH Office of the City Manager m Letter to Commission No. ;;??-~ c-) C"" --l W .-( 0 ::0 Date: Noveml$' 2~00fiT1 f-,-, I () ::0 U1 m A - c.n ;no < :x o a m ~ a N ("1 C' ", To: Mayor David Dermer and Members of the City Commission From: Jorge M. Gonzalez · City Manager J :Af <'D'-~ 3080 and 3100 North Bay Road - Updated Status Report Subject: In 2002, 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. Page: 2 Date: November 25, 2003 LTC - 3080 and 3100 North Bay Road Updated 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. With regard to the new development regulations for single family homes, last year, the City Commission adopted a number of changes to the single family development regulations, which, among, other things reduced maximum lot coverage requirements, increased setback requirements and reduced maximum building heights. The property at 31 00 North Bay Road secured a permit process number by submitting a Full Building Permit application, with all required plans, on May 28, 2002; this was done was prior to Planning Board action on the proposed amendment. Therefore he, like many other single family lot owners, was permitted to build his home under the old code, and was not subject to the new single family development regulations. According to the Building Official, under the Florida Building Code, after a permit process number is issued, an applicant may revise the permit plans up until the completion of the project. In this particular instance, the revisions submitted by the applicant were within their rights under the original permit process number (issued May 28, 2002). With regard to the Foundation Permit, such permit was issued subsequent to the issuance of the permit process number, at the request of the property owner. The reason for a separate Foundation Permit was to allow site work to commence, while the structural details of the Building Permit plans were being evaluated. With regard to the impact on the existing single family home to the immediate north (3110 North Bay Road), the following is an analysis of the pertinent development regulations for the proposed new structure at 3100 North Bay Road based upon a 100 foot lot: Interior side setback requirements . Under the previous code (prior to May, 2002): 12'.6" . Under the current code: 12'.6" . Proposed interior side setbacks: North Side: 14'-1", South Side: 12'-6" Rear setback requirements . Under the previous code (prior to May, 2002): 30' . Under the current code: 30' . Proposed rear setbacks: 47' .' Page: 3 Date: November 25, 2003 LTC - 3080 and 3100 North Bay Road Updated Status Report Front setback reauirements . Under the previous code (prior to May, 2002): 20' . Under the current code: 20' . Proposed front setbacks: 47' Heiaht: . Under the previous code (prior to May, 2002): 33' . Under the current code: 33' . Proposed height: 33' Lot Coveraae: . Under the previous code (prior to May, 2002): No Lot Coverage Requirement . Under the current code: 35% (7,000 sq. ft.) . Proposed Lot Coverage 41% (8,214 sq. ft.) As you will note, the proposed new structure at 3100 North Bay Road either meets or exceeds the requirements of both the current code and the previous code in terms of height and setbacks. The only difference would be in lot coverage. Under the previous code there was no maximum lot coverage requirement; under the current code, the maximum lot coverage is 35%, which would have resulted in a maximum building footprint of 7,000 square feet. The subject project has a lot coverage of 41%, which is a building footprint of 8,214 square feet. 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. JMG:C~:~RM F:\PLAN\$ALL\CM_RESP\3080 & 3100 NorthBayRd,REVISED.ltc.dot c: Christina Cuervo, Assistant City Manager Murray Dubbin, City Attorney Gary Held, First Assistant City Attorney Rhonda Montoya, First Assistant City Attomey Bob Parcher, City Clerk Phil Azan, Building Official Jorge G. Gomez, Planning Director Thomas R. Mooney, Design and Preservation Manager Richard Lorber, Planning and Zoning Manager