C4C-Ref- LUDC - Revisions To Ch 54 Variance Requirements For Historic StructureCity of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M City Commission
DATE: September 11, 2013
SUBJECT: REFERRAL TO THE LAND US AND DEVELOPMENT COMMITTEE -
DISCUSSION REGARDING REVISIONS TO CITY CODE CHAPTER 54,
VARIANCE REQUIREMENT FOR HISTORIC STRUCTURES
ADMINISTRATION RECOMMENDATION
The Administration recommends that the discussion item be referred to the Land Use and
Development Committee.
BACKGROUND
In August 2012, the City of Miami Beach received a Community Assistance Visit
("CAV") from the Federal Emergency Management Agency's ("FEMA") National Flood
Insurance Program ("NFIP"). These visits are routine, and occur approximately every
five years. The purpose of the visit was to evaluate the effectiveness of floodplain
management and other programs the City implements to reduce the impacts of flooding.
On December 20, 2012, FEMA prepared a summary report of its findings from this visit
and provided it in a letter of that date to Mayor Matti Herrera Bower. While most of the
findings were in the nature of items that staff could respond to directly, the Jetter
included recommended changes to Chapter 54, "Floods", of the City of Miami Beach's
Code of Ordinances. Through subsequent communications with the agency, some
additional proposed amendments were suggested, and minor revisions were
recommended by staff and the City Attorney's Office. These revisions are the subject of
a separate agenda item on the September 11, 2013 City Commission Agenda. In the
process of preparing the Floodplain Ordinance Amendments for the City Commission,
some conflicting language in the Ordinance has come to the attention of staff and
FEMA that requires some policy direction from the City Commission.
ANALYSIS
The definition of "Substantial Improvement" in Miami Beach City Code Section 54-35,
states in relevant part: "This term does not include any alteration on an existing historic
structure, provided that the alteration will not preclude the structure's continued
designation as a historic structure." Both FEMA and the City Attorney's Office have
recommended the elimination of this language to avoid the impression that historic
structures are exempt from FEMA's regulations, and specifically, the requirement that
historic structures, like all others, must obtain variances from the Board of Adjustment
sitting as the Floodplain Management Board. However, Section 54-57 (Historic
Structures) of the Miami Beach City Code, has long been interpreted to require that
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Agenda Item C.'IC
Date 'I-I ff~
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Referral to LUDC, Discussion of Variance Procedures for Historic Structures
September 11, 2013
Page 2 of2
Historic Structures obtain variances, and that is in fact how the process has operated in
the City.
The language in these two prov1s1ons appears to be in conflict, and advocates for
historic properties believe historic structures should be exempt from variance
requirements. As such, policy direction from the City Commission on the matter is
required.
CONCLUSION
The Administration recommends that these issues be referred for discussion at a future Land Use
and ,velopment Board Meeting. ~MVF/SS
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