057-1999 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach,f1.us
L.T.C. No.
57-1999
LETTER TO COMMISSION
March 5, 1999
SUBJECT:
Mayor Neisen O. Kasdin and
Members of the City Commission
Sergio Rodriguez - ~ ~
City Manager ~
Timeframes for Obtaining a Building Permit
TO:
FROM:
On February 5, 1999 the Miami Beach Board of Adjustment (BOA) granted an appeal filed by Hotelerama
(Fontainebleau) relative to an administrative decision regarding required timeframes for obtaining a Full
Building Permit. The appeal granted by the Board of Adjustment dealt with three (3) specific issues
surrounding the timeframes for obtaining a Full Building Permit.
First, the BOA determined that the one (l) year timeframe for obtaining a Full Building Permit runs from
the date of rendition of the Design Review Board Final Order for the project, and not from the date of the
DRB meeting. Secondly, an additional twenty (20) days must be added to the date of the rendition ofthe
Design Review Final Order, which is the timeframe during which appeals of such decisions may be filed.
Finally, the BOA determined that those specific non-conforming projects which were the subject of the City
Attorney's "red flag" memorandum of March 18, 1998, are also subject to an additional tolling, based upon
the date the projects were approved.
The Planning Director has concluded that these decisions ofthe BOA will have the following implications:
l. All Design Review Board applications which were previously required to obtain a Full Building Permit
within one (l) year of the meeting date at which they were approved and which are or were to expire after
February 5, 1999, shall now be required to obtain a Full Building Permit within one (1) year and twenty (20)
days of the date the Final Order for the project was rendered (signed by the Chairman and filed with the
Planning Department). This will generally allow approximately 4 - 5 weeks of additional time to obtain a
Building Permit.
The projects affected by this include all projects approved by the Design Review Board or Joint Board
after February 10. 1998, as well as the following projects approved prior to February 10, 1998:
I. ORB File No. 4188, 120-130 Ocean Drive.
Approved by DRB on 8-10-93; Exceeds FAR and Building Height.
Current Status: Applicant has appealed administrative decision pertaining to the FAR of the
project; appeal still pending before the Board of Adjustment, after which the applicant has 128 days
to pull a Building Permit, in addition to the time needed to render the order, plus 20 days.
2. DRB File No. 9188, 20 Venetian Way - Venetian Tower.
Approved by DRB 11-17-97 Exceeds FAR and Building Height.
Current Status: With collective appeals, applicant has until November 4, 1999 to obtain a Full
Building Permit.
II, All non-conforming projects which were the subject of the "Red Flag" memo of March 18, 1998, and
which received Design Review Approval prior to June 3, 1998, shall be eligible for an additional tolling.
Said tolling shall consist of the number of days from March 18, 1998 or the 20th day from the date of
rendition of the Design Review Order granting approval (whichever is later) thru June 3, 1998. The projects
affected by this include:
I. DRB File No. 9186, 5857 and 5875 Collins Avenue - The Flamingo Hotel.
Approved by DRB on 11-17-97; Exceeds FAR and Building Height.
Current Status: Order signed on 12-2-97 and became effective on 12-22-97. Design Review
approval expires 77 days from 12-22-98, or March 9, 1999. To date, Building Permit Plans have not
been submitted.
2, DRB File No. 9194, 4441 Collins Avenue - The Fontainebleau Hotel.
Approved by DRB on 11-17-97 as a Phase Development Project; Exceeds FAR and Building Height.
Current Status: The Board of Adjustment granted the applicant an additional 116 days in the
tolling of the DRB approval, which was calculated in the following manner:
November 17, 1997: Date ofDRB meeting
December 8, 1997: Date of rendition of Order (21 days elapse)
December 26, 1997: Date appeal ofDRB decision filed (18 days elapse)
February 4, 1998: Date appeal is dismissed
March 18, 1998: Date "Red Flag" Legal opinion issued
June 3, 1998: Date City Commission overturns "Red Flag" opinion
(77 days elapse)
21+ 18+ 77= 116 days
This appeal, which was filed on December 3, 1998 and resolved on February 5, 1999, gives the
project an additional 64 days for a total of 180 days. Phase 1 of the project is now required to obtain
a Full Building Permit by May 17, 1999, and the remainder ofthe phases will have an additional six
(6) months.
3, DRB File No. 9608, 230 First Street - Excess Fitness,
Approved by DRB on 2-10-98; Exceeds FAR.
Current Status: Order signed on 3-23-98 and became effective on 4-10-98, Design Review
approval expires 54 days from 4-10-99, or June 3, 1999. Building Permit plans are currently being
reviewed by staff.
5. DRB File No. 9804J, 927 Lincoln Road - The Sterling Building.
Approved by DRB on 2-10-98; Exceeds FAR.
Current Status: Order signed on 3-23-98 and became effective on 4-10-98. Design Review
approval expires 54 days from 4-10-99, or June 3,1999. To date, Building Permit Plans have not
been submitted.
6. DRB File No. 9797J, 1116 - 1148 Ocean Drive - The Victor Hotel.
Approved by DRB on 2-10-98; Exceeds FAR.
Current Status: Order signed on 3-23-98 and became effective on 4-10-98. Design Review
approval expires 54 days from 4-10-99, or June 3,1999. To date, Building Permit Plans have not
been submitted, but the applicant has filed an appeal of an administrative decision to the Board of
Adjustment.
7. DRB File No. 9816, 7600 Collins Avenue - Seaside Villas.
Approved by DRB on 2-25-98; Exceeds FAR.
Current Status: Appeal and Settlement Agreement has tolled time frame for obtaining a Full
Building Permit to 04-17-99. Order signed on 3-23-98 and became effective on 4-10-98. Design
Review approval expires 47 days from 4-17-99, or June 3, 1999. Building Permit plans have been
signed by staff and a Permit is expected to be issued shortly.
8. DRB File No. 9820, 1403 Dade Boulevard - The Lofts at South Beach,
Approved by DRB on 2-25-98; Exceeds FAR.
Current Status: Order signed on 3-23-98 and became effective on 4-10-98. Appeal filed on 3-17-
98 and dismissed by City Commission on 7-6-98. Since the date of appeal overlaps the 20th day of
the date the Order was rendered, the one (1) year timeframe to obtain a permit shall run from 7-6-98.
Consequently, the applicant has until July 6, 1999 to obtain a Full Building Permit.
9, DRB File No. 9813, 6565 Collins Avenue - Sherry Frontenac Hotel.
Approved by DRB on 2-25-98; Parking requirements not met.
Current Status: Order signed on 3-23-98 and became effective on 4-10-98. Design Review
approval expires 54 days from 4-10-99, or June 3,1999. To date, Building Permit Plans have not
been submitted.
10. DRB File No. 9814,1920 Meridian Avenue - Miami Beach Chamber of Commerce.
Approved by DRB on 2-25-98; Parking requirements not met.
Current Status: Order signed on 3-23-98 and became effective on 4-10-98. Design Review
approval expires 54 days from 4-10-99, or June 3, 1999. To date, Building Permit Plans have not
been submitted. A new application for the site which would meet parking requirements has been
submitted for Design Review approval -- DRB action pending.
The Administration has decided not to appeal the decision of the Board of Adjustment, due to the fact that
such an appeal would further toll the timeframes of existing non-conforming projects. However, the
Administration is in the process of drafting amendments to the Code to clarify those sections pertaining to
the timeframes for obtaining a Full Building Permit.
Please advise if additional information is needed.
SR:lDJG:TRM
c: J. Gavarrete
D. Grub Frieser
Planning Department Staff
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