RESOLUTION 93-20698RESOLUTION NO. 93-20698
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING THE FLOOD PLAIN MANAGEMENT
BOARD, PRESCRIBING IT3 MEMBERSHIP,
POWERS, AND DUTIES, AND ESTABLISHING
PROCEDIIRES FOR ITS OPERATION AND
FEES FOR DEFRAYING COSTS OF APPEALS
AND VARIANCES.
WHEREAS, on December 2, 1992, the City Commission of the City
of Miami Beach, Florida, adopted Ordinance No. 92-2822 establishing
regulations for development within flood hazard areas and providing
for requests for variances from such regulations and appeals from
administrative interpretations of the regulations to be decided by
a Flood Plain Management Board as established by the City; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has
recommended that said Board be composed of citizens; and
WHEREAS, the creation of the Board will enable the City to
participate in the National Flood Insurance Program and will
encourage development and rehabilitation of properties within the
City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section i. Flood Plain Management Board.
The City of Miami Beach Flood Plain Management Board is hereby
created.
Section 2. Composition and Qualifications of Members.
The Board shall be composed of five (5) voting members who
shall serve without compensation and one (1) ex-officio member.
The five (5) voting members shall be appointed by the City Manager.
The voting members shall include one (1) architect, one (1)
engineer and three (3) additional members, each selected from a
different one of the following categories; law, real estate
development, general business and an owner of property within the
City of Miami Beach. Any member representing the professions of
law, architecture, engineering or certified public accounting shall
be duly .licensed by the State of Florida. The member representing
general business shall be of responsible standing in the community.
Voting members of the Board must be either residents of or have
their principal place of business in the City of Miami Beach. The
City's Building Official shall be an ex-officio member; the ex-
officio member shall not have voting privileges and shall not be
counted in determining a quorum. The City Attorney's Office shall
serve as legal advisor to the Board.
Section 3. Terms of Office.
The voting members of the Board shall be appointed by the City
Manager with the consent of a majority of the Mayor and City
Commission. Members may be removed by the City Manager at any time
without cause, notice or hearing. Unless sooner removed by the
City Manager, said members shall serve for a term of six (6)
months. In the event of a vacancy on the Board, a new appointment
shall be made for the unexpired portion of the term by the City
Manager upon consent by a majority of the Mayor and City
Commission.
Section 4. Organisation Ouorum Voting Requirements.
The members of the Board shall elect a chairperson and such
other offices or may be deemed necessary, who shall serve at the
will of the Board. Four (4) members of the Board shall constitute
a quorum. The concurring vote of four (4) members shall be
necessary to reverse or affirm a decision or determination of the
Building Official or approve a request for a variance. Regular
meetings shall be held once monthly; however, in the event that no
administrative appeal or variance request has been filed for any
given regular meeting, that meeting need not be held. Special
meetings may be held at the call of the chairperson or by written
request of three (3) members. The Board shall adopt its own rules
of procedure not inconsistent with this Resolution and with
Ordinance No. 92-2822 as amended, and shall keep minutes of its
proceedings showing its action on each question considered.
2
e t 31,919.
~J
Section 5. Duties and Powers of the Board.
The Board shall have the following duties, functions, powers
and responsibilities:
(a) To hear and decide appeals when it is alleged that there
is an error in any requirement, decision or determination
made by the Building Official in the enforcement of
Ordinance No. 92-2822 as amended, according to the
requirements and procedures set forth in Section 8-14
therein and in this Resolution. In exercising this
power, the Board may reverse or affirm, wholly or partly,
the requirement, decision or determination from which the
appeal is taken.
(b) To hear and decide requests for variances from the
provisions for flood hazard reduction as set forth in
Section 8-16 of Ordinance No. 92-2822 as it may be
amended, according to the requirements and procedures set
forth in Section 8-15 therein and in this Resolution. In
granting a variance, the Board may prescribe appropriate
conditions and safeguards.
(c) To consider and act upon any and all matters referred to
it by the City Commission or by provisions of any City of
Miami Beach Ordinance.
Section 6. Conflict of Interest.
Members of the Board shall abide by the applicable provisions
of Chapter 112, Florida Statutes (1991), as amended, the
Metropolitan Dade County Code and the Code of the City of Miami
Beach, and shall be subject to removal from office for the
violation of the terms thereof.
Section 7. Procedure.
In addition to the procedures set forth in Sections 8-14 and
8-15 of ordinance No. 92-2822, the following procedures shall be
followed by the Board.
3
(a) Any Person appearing before the Board on an application
for a variance or an application for an appeal of a
decision of the Building Official shall be administered
the following oath by any person duly authorized under
the laws of Florida to administer oaths:
„I~ , do hereby swear, under
oath that any and all testimony to be given by me in this
proceeding is the truth, the whole truth, and nothing but
the truth, so help me God."
Any Person giving false testimony before the Board on an
application for a variance or on appeal of a decision of
the Building Official shall be subject to the maximum
penalty provided by law.
(b) Upon the withdrawal or denial of an application for a
variance, no new application may be filed for such
variance within six (6) months following such withdrawal
or denial, unless, however, the decision of the Board
taking any such final action is made without prejudice,
or unless the withdrawal of such application is permitted
to be made without prejudice. An application may be
withdrawn without prejudice by the applicant as a matter
or right, if such request is signed by the applicant and
filed with the Building Official prior to the giving of
any required notice; otherwise, all such requests for
withdrawal shall be with prejudice, save and except that
the Board may permit withdrawals without prejudice at the
time the application for said variance is considered by
the said Board; provided further, that no application may
be withdrawn after final action has been taken.
Section 8. Fees.
The following fees are established for the purpose of
defraying expenses and costs in connection with variance requests;
when it is alleged there is an error in any requirement, decision,
or determination made by the Building Official; or a request for
4
the Board to clarify a condition, finding, or amend a decision.
(a) Appeal from a decision $250
of the Building Official
(b) Variance request-Single $150 filing fee
Family Residence plus $80 for each
individual
variance requested
(c) Variance request - $600 filing fee plus
Multi-family, Commercial, $150 for each
Industrial or Mixed-Use individual variance
Development properties requested
(d) Deferment requested by $80 per variance
applicant for variance
for Single-Family
residence
(e) Deferment requested by $80 per variance but
applicant for variance not less than $150
for Multi-Family,
Commercial, industrial
or Mixed-Use property
(f) When an applicant requests a clarification, extension of
time, an amendment to a previous Board decision, or any
other request that is not a variance or an appeal of a
decision of the Building Official, a fee of $150.00 shall
be assessed. Public notice requirements shall be the
same as for the pertinent appeal or variance. The
applicant shall also pay the proportionate cost of any
required advertisements.
(g) If a request for a deferral is approved by the Board and
not at the request of an applicant, there will not be an
additional fee.
(h) If the applicant withdraws his application after it has
been accepted by the Building Official, the City shall
refund 50$ of all required fees and no further refund
shall be made.
5
(i) A hearing or appearance by the applicant before the Board
shall not be scheduled or permitted until the Building
Official has determined that the application is complete
and all fees have been paid.
PA88ED aA8 ADOPTED this 20th day Of January ~
1993.
ATTEST:
~fM~
CITY CLERK
SWS:scf :disk?\f loodpln. res
FORM
Date f ~ ~ ~3
6
Federal Emergency Managcmcnt Agcncy
ReQioo N 1871 Peac6trea Sase~ NE Adasu. GearSia 80309
kp 111s'PFi14 801-ttDB
_......,.,.._.,~ tram L~QIT. VJIRIJ~
iarae te4~c~~ set out ~+ s ooneunitY'
In cirausstanaES vlhste ~Plonal iatd:hip. tba ooma~it]f may. atbr sa
regulations pose an ex p~ a ce_qusst !oc a vuianoe.
the appliasnt's hudship. approve of disappr
lcan~ti-e pp ~1~does note ~~~ igavti~ 6f 3 6! ~. ard~ea ai
folloxitrg genatal stardarda hsve been established in Sean
1, ~ applicant bas good e[d sulLiciant cause Lot requeetiry a
varianost
2. an applicant rill suffer exceptional hardship should a vuianoa
be daniedt .
;. 11 variance rill not rouse ltyareased flood hsichts;t~~
threats to publla aatety, extraordinary pub
nuisances, cause fraud on oe victimoit ordinence~ ~ lic. of
aonfliet ritb axistitg local fors
4. J- vacianoo is the mioisum ,yaoessary. co,uiderir9 the ~OOd
hasecd, to dford relief.
The ycant~ny o! variances la s loosl decision that suaovisions the comeunitY
1d~iY criteria. but also on Stets far aid any o~to~evieK ease additional
~y wist- to require. it asY be useful, ~~ variances aid the ~
t~ckg~ourdri~teti~a ~ o~ ~ ~ ~~~~ pa position a- issues such
as this.
nature o! Valances
of son-in9 far
Tew l~+iP vatianas criteria are based an the 9a~ ~~~~sanai in
that vatiancae pertain to a pleas of props tY snsr a properly
nature. '1lwugh atatdacds vsty lcaM Btate to Stab. ritb physical
issued variance is 9santud !oc a psroal o! pttohpethsYordinanoe rould create an
characteristics ao unusual thatlio~lYin9the wrrovcdieg property owners.
exceptional hardship to the app r aM not ba shued by
Those characteristiar east be oh~ar~acbristic m~us~t partairi to ~ lerd
adjacent parcel.. sbe unique r cruets. A
vueianc ~ehould b eo.uidesee on ae- individual oesee t+Y ease t~asis aid rrnrer
on a tssiti-lot or euhdivision basis.
hkamplea o! tb kinds o! oharactesietics that might Qiwar ~~ osdinet~s
that might justify a vuluae to eerloi~n a prc~l ~~ unstable soils. or a
would include an icregululy shaped
parcel with an unuau~ g~9~canY ~i~i~ ~ ~=istio t~he~wou~191ve
di!licult, however.
8
2-
rise to a hatdsbip so!licie:tt to justify a vuiatice to a !loads vecytiemali
regnirema,-l. A !segos lewd ez~grle is tkr odds
ntly eneasir~a ~ lots on which buildings hen bean
undavelapsa lot caapietely ittC that requires that new buildings be
aonetructed at grade. std an ordin'~°e sede. s! tiw ownes vase to
oonetcuctea et a level several test ~tadCain onto tbs cMi9hbo~e~operl~ot
elevate the house on fill. the lot st9h oa~~dd
In thin ease. the else o! the lo'~ ~tAseta~d r~it~in s hesaahip.
In the vlciaity ue the checacts~lx would not Maitanti~ dip Si ~'
%wsvet. this aituaticata still pc
sa is diacussad~oM~ tall does ~~ as ~°~oblam (elevation on
theta ate many cad ~ fill to dthin away Iran adjoinitXl
pilitga or a ccawl spaot, g in9 ~ a ways ~ which
pcopecties, eta). Our metwal• Flevatd itaaidential 8ttuctucss std the Corps
o! Engineeca' Y1 too! ~ titan ~ overt en designiig an! building
vaslow site-spec c pc .
houses that must bs asvabed.
itdividual pardahip vas ~s
in determining whether or not an applicant has satablished en exceptional .
hardship suilicient to lustily a vaciance, ~ looms board weights the'
applicant's haeaehip egsinst the purpose o! the ocdiiwsce• In the cane o!
variances !cam a Flood elevation requiceaent• this rauld mean asking which
is more eeciaust tba hacdahip that this itdividnal applicant would lane. or
the oaem,a.ity'a need !ox alriotly enloroed ragnletia,s that ptobot its
era std damaged o! llooding7 ~Y a truly
citizens lraa the dung t o! an itdividusl pproperty would
exceptional, unique hacdship an the pu ions o! an ordimnee Designed
pessuaas local o!licials to set asiAe ppcca~via hardship might ~ ~~ to
with the whole coromurtitY's sabty in tdtd. ~
be so severe i! tM a~giicattt vacs aaakitq a variaaoe to a setback _
orainenca• !tic inatanae. which was iatettied awcsiy to siepli~ flood t epair
and moditiaations. It- the oouras off! boaidsro~otttinwll~lY~t lace the mote
prvteatioa ordinances. howeve • ~ det~p( reWeats lraa applicants whose
dl!lic111t tasR of frequently havlttg iact~ but arose hardships acs sit~ly not
personal cirauioetacsces~ikii~~ amity-wide flood damage prevention
sullicient to justify
[pouemant~.
eacdahip (Section 61.6 (al (31(11)
7Y,e hardship that would result from !dilute to grant a requested variattoe
must ba exceptional. unusual. std peauliac to the pPstopecty involved. lisre
eoonomia or financial hardship elan is t-ot ettosptlsnl• inconvenienoa.
aesthetic oonaideratione, phyalaal hendieapa. psisonsl pregerencea, or the
disapproval o! tin's naighboca iikewiaeoblematca~~ tes01~ tht°ugh otbar
exceptional hardships. All of these pr
means. without gcantitr3 a vatianoe. •ihir is n even i! the alternative
meant are mars expensive or cx~lieated than 6uildieq with s variants, os it
that require the property owner to Put the partial ~ a di!letsnt ues than
ociginaliy lntenasd, or to build his or het bans slaeWhen.
r 1
.:
9
-3-
?or exattpie, a situation in wbioia it Mould cost a property owner aeversl
thousand dollars Prue to elwate a bones to oosply Mith tin ordinance and an
additional ocwcal thousand to build s vbeeichair ramp oc an elevator bo
provide access to that house !oc a Iwedicapped eraubsr o! tin family might at
first glance Bees like the sort o! problem that could be relieved by a
vaeiar~oa. ttoe.tver, while fineteciai cwai~ntious [reon o~rt~ainl~rY covet be
propsrty owners ana Lin needs of tM baedicappad pt
accommodated, these di!lioulties do not put this siloaticn in tin category
of •a=wptivnal hardsdips• as tbay rslats to varianess. Zt-is it because,
first, tM ctsaractaristics that result in tip hardship ace personal (!!~
physical eadition and fittattcial situation o! tbt people who propose to live
on tl'a property) cathyac than partainitq to the proper itself. 8ecaed, the
a numberoof~i+ayyaa~lgoligctwowtAa~ad~diti~la expense o! bul~ldinQ aira~ or aao!
elevatot). without grantieng a variaeroa. ~tird, the situation o! tuudicappsd
parsons oocupyieg flood-pratia housing raises a'ocitioai public safety
concern. I! a vuianoa is Orantmd std the buildi,+0 oc ~ ~uat ~t grade.
!t will De absolutely critical tint the baedicapped F»
evacuab when hood waters begin m rise, pet M or sin slay be helpless to
do so alone. tint only doss thin pose ate ueu+acesaaeY danger to handicapped
persons but also it places an txtrs domed m the cos~emnity'a emergency
services personnel Mho may be called ripoee dueieg the early stages o! the
flood to reacua the. Tn contract, i! the lreilding is properly elevated,
the handicapped petson can still bs evacuated if there is sulfieient warning
std assistance available.. Ii there is not, that person can, in all
likelihood. survive tM flood aiapiy by rasiaining at home asfely above tlne
level of tba flood Maters.
floes eisply, the property oweeec'e dl!liwlties Mvu1d not really bs rslisved
by the valance, but likely only poslpand aed perhspe ultimsbly
increased. It Mould be eaore prudent over the song run both !or the property
amer and the ooeawnity, i! the valance were Denied and stn base built et
the proper slwation Mitb bsedicapped aooaes. 'retie reili ensure the safety
o! all family mambees when flood Mttars rise sad also protect iedividual and
coasrenity inwstaeint in ttn prapertY, as discussed below.
Public Salsty aed liuissnoea (6t.6(a)(9)(iii))
Variances must not result in additional t2erests to public sslety or create
nui.eancea. i-a taentioned above. local flood dasege prevention oedinaewes
(including elevation requirements) era inteede0 to help protect the health,
safety, Mall-beieg, aed pttnperty of the local eitlsens. This is a long-
raeege ooonunity effort usually arch np of a combination o2 approaches such
as adequate drainage systems, wareeinq grid evawstlan plans, keepieg new
propsrty~-especially imuas-above the flood levels. and pacticipatieg in an
insurenoe program. Rheas lane-teas goals can only be mot if orreptiona to
the laws us bps to a bate esini~am.
II 1
~o
-~-
eraud and yiotimi=atia~ (6e.6lsll3)Sii_11
Properly granted variaexas mgt not cause !rood on or t-ietimiution of the
public. in e~aoainieg this requirement, 1 ~ t0 low qtr ~
Fact that every eeewly oorotttucted building for lift to one-
cespauibilities and r_sins a part of tb amity Y ~~ ~
huekieed yssrs. eulldiegr that are pesmittad to b Donate
base flood elevation are subject during all those yaers to ieeoreased risk of
damage itoa floodsr while futnce owuese of the property and the oome+enity ns
a whole are oobj~i b all the oos~,itignaaYVae-ienoe. danger. aed suffecirg
that those increased t1oo0 daa~ages bt In addition, tutuse owewtrs may
ppuurroleaea the psopecty. unaware that it is subject to Potential floes
daaaages, scd can b insured caly at very high flood insutana rates.
Mtn~.sne ~~°-~°~^' to Ilffcrd Aslie! S6/.6 Sal (~))
1be variance that is granted should b !or tb s3ie~ieaum deviation from the
local requtremenb that will atilt alleviate the berdohip. In kha use o!
permission tocnth~i~applieant~torDu~ild~at grade t, os esaaQle. oar even bo t
boardd berlieves will bot~Provide tel et said pcsservi rho integrity~tthe
local ordinee-oe.
Inautancs Rates
~bils the boildity standards is a local otdlnanoe may be altered Dy means of
a varienos, the flood insurance putdsese reguiremeeit, which must b enforoad
tyie~ia~l ~tcontsqubencas foil prpropertp downers. i~e~ cites roc
structures built blow H!6 can b substantially higbr than those for
elavatad structures. is asnyy instanoss tb rates will b eo high u m sake
the struotiere eeseatially eseieuucable because tb owners cannot afford the
peemiiaa. This may not setter to the original caner who a~liad roc the
vatianos in t!n first Place. but it may carter a great d.si !o subaeq~»nt
potential owners who eseat forego purot-ase of the property. of to subsequent
owners who aatNOt find buyers boaua of tb high insurance sates, ~ to the
ooamunity that iieds itself with large n~eebrs e! esaellable Rouses. In
addition. it tb property is not ie~sured asd ca:seot b leisured due to high
actoarial rates. there aisy b ew funds available to repair the auucture it
it is aeriewly dmeagd by a flood. eivoo- disaster lo.n. mq not: e.
obtainable it the flood insuratwe oowra~ regoised as a ooedition of the
loan was available only at wry high rates. The result mY b rhos tb
present owner or a lutnse ownes coq choose- to abandon ttm' daae~ed hhsse
rather than repair it since the damges mq esaeed'the equity ~ tb those.
4he local gweteraant ardJot the holder o! the mocvage are tbn lest with the
pcoblm of one or more vaunt, flood-damaged and easentialiy unlnsuraDle
tmesas.
'11
-s-
~ical Btat! 1-ssistance _
vsrianoaa. the vsrianoe board should utilime ~ lam~in9
In considering tig7f Eras the BuildLag Dapar
slat! tnpsrtir ana saoamnaa rtasnt. etc. The 1oca1 tedstieal
eid/or Eon1n9 Dspartoent, gginserioq Depa
available such as re-siting o! structure
'staff should consider altyrnstiva draina0e away Eras
on the lot. slop or fill. retention Haller DroDer
adjoining structures. add other less dcastia variancesLe ~ this guid~ine
lot coverage variances as previously nentioad elae~ihe
or other publications.
S r
Because the duty and need o! local goversasanb tiD help Drot~t their
citizens Eras flooding is so opAplling. ani ~ inplicatlons o! the coat of
inwring a atsuoture buiib below flood level are so serious, variarwas lcos
t)u flood elevatlan or Eras otMr sequirements in~~ at oSsction 6A 6 ue
be quite rare. This is why tta 1!'~ ~ione ths~t swst be sat before e
se daeailed end contain wultiple peov
variance oen be proprly 91e~• '~ criteria are designed to screen out
t2-ose situations in which alternatives other than • vaca~inea aceolollowed,
appropriate. It is not surprising that, when ~~ 9u
very taw situations qualify for a verian<'.e•
FF3~lA-irl7i DN
IiECIQi N (5-1-86)
n
..,
TOTHL P. E12
12
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 873.7782
COMMISSION MEMORANDUM NO. (~- 3
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. /~
City Maneg l,'I.UV~'Z
SUBJECT:
FLOOD PLAIN
BOARD
DATE:January 20, 1993
As the City Commission is aware, the City of Miami Beach, along
with all other local municipalities, has assumed responsibility for
Flood Plain Management within our municipal limits. As required by
Federal Law, a Flood Plain Management Board must be established by
January 20, 1993. The accompanying Resolution provides for the
establishment of the Board. Since the last Commission meeting of
January 6, 1993, the Resolution has been amended to provide for
board members appointed by the City Manager to be confirmed by the
Mayor and City Commission.
At the Commission meeting of January 6, 1993, a question was raised
as to whether the City's Planning Board or Board of Adjustment
could perform the responsibility of the Flood Plain Management
Board. While this may be legally accomplished, the time frame for
amending our City's Zoning Code would take this process into May
and we would not be able to implement the Federal requirement in a
timely fashion. Of course, we can continue to work on that process
if the City Commission so desired.
Accompanying the Resolution are the Federal Guidelines for the
Board to follow along with a letter from F.E.M.A. indicating that
the Resolution in your agenda materials is acceptable.
RMC:jh
Attachments
1
AGENDA ~ _~_ /~
ITEH ~-}
DATE '-2~~~3