LTC 277-2003
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CITY OF MIAMI BEACH
Office of the City Manager
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Letter to Commission No. ;;??-~
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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'
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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