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PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT
BOARD OF ADJUSTMENT
AFTER ACTION REPORT
FRIDAY, JULY 8, 2011
9:00 A.M.
CITY COMMISSION CHAMBERS, THIRD FLOOR
1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA
A. DISCUSSION ITEM
Ex parte communications
B. EXTENSION OF TIME
1. FILE NO. 3421 PESTANA MIAMI, LLC.
1817, 1831, 1835-37-39 JAMES AVENUE
LOTS 10, 11, 12 and NORTH ½ OF LOT 13 AND
WEST 25 FT. OF LOT 4; BLOCK 2, OF
FISHER'S FIRST ADDITION OF ALTON BEACH
PLAT BOOK 2, PG 77;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following modification to a condition of
approval for a variance associated with the rehabilitation of three existing
structures (under Unity of Title).
Condition number 1 of the Modification/Extension of Time Order dated
November 5, 2010, requires that a full building permit for the project be
obtained by June 5, 2011. The applicant is requesting a six (6) month
extension of time to obtain a full building permit by December 5, 2011.
APPROVED.
C. .NEW CASES
2. FILE NO. 3480 MIAMI BEACH OWNER, LLC
BOARD OF ADJUSTMENT AFTER ACTION REPORT JULY 8, 2011
Page 2 of 9
4833 COLLINS AVENUE
LOTS 20 THRU 22 & RIP RTS & STRIP BETWEEN
COLLINS AVE. & INDIAN CREEK OPP. SAME.
INDIAN BEACH CORP. AMD. PLAT SUBDIVISION
PLAT BOOK 8-61;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of four new 2-story structures along the north and south sides and at
the rear of the existing hotel:
1. A. A variance to allow dwelling units within the Oceanfront Overlay
District.
1. B. A variance to waive a range between 50’-0” and 45’-2” of the minimum
required setback of 50 feet, providing dwelling units and bar between 4’-
7” and 4’-10” to the Bulkhead line and the planters up to the bulkhead
line.
2. A variance to waive 47’-7” of the required sum of the side yards of 48’-0”
in order to provide a sum of the side yards of 5”.
3. A variance to waive a range between 94’-6” and 89’-8” of the required
rear yard pedestal setback of 94’-6” in order to provide a range between
4’-7” and 4’-10” from the Bulkhead line to the edge of the open air bar and
cabanas/units at the pedestal level and to build the planters up to the
Bulkhead line.
4. A variance to waive 23’-9” of the required 24’-0” interior side yard setback
in order to build the south façade of the cabanas/units at 3” to the south
property line and to waive a range between 2’-7” and 20’-7” to build new
stairs at 16’-7”, 10’-8” and 3’-5” from the south property line.
5. A variance to waive 23’-10” of the required 24’-0” interior side yard
setback in order to build the north façade of the cabanas/units at 2” to the
north property line and to waive 19’-11” to build new stairs at 4’-1” to the
north property line.
6. A variance to waive14’-10” at the north and 14’-9” at the south of the
minimum required interior side yard setback at the north and south sides
of 15 feet from a side lot line in order to build cabana/units and stairs at 2”
from the north property line and 3” from the south property line and to
waive all of the minimum required 10 foot setback from the bulkhead line
in order to build the sloped walkways beyond the bulkhead line.
7. A variance to waive 32.4% of the minimum lot coverage of 50% of the
required rear yard to be landscaped and open to the sky in order to
provide 17.6% lot coverage. (From erosion control line to rear setback
line which is 91’-8 ¼”)
8. A variance to waive the material permitted within the dune overlay, which
is wood, in order to build the sloped walkways of concrete and to exceed
BOARD OF ADJUSTMENT AFTER ACTION REPORT JULY 8, 2011
Page 3 of 9
by 18’-9” of the maximum permitted walkway width of 6’-0” in order to
build sloped walkways with a width of 24’-9”.
9. A variance to waive 6’-7” of the minimum required setback of 10 feet west
of the erosion control line to build the sloped walkways at 3’-5” from the
ECL (at its closest point).
CONTINUED TO THE AUGUST 5, 2011 MEETING.
3. FILE NO. 3512 SANDY LANE RESIDENTIAL, LLC, SANDY LANE
RETAIL, LLC. & SANDY LANE BEACH FRONT, LLC.
2301 COLLINS AVENUE
MIAMI BEACH, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE CONTACT
THE PLANNING DEPT.)
The applicant is requesting the following variance in order to exceed the
allowable gate height:
1. A variance to exceed by 3’-0” the maximum permitted gate height
of 5’-0” in order to build a gate with a total height of 8’-0” at the
north side of the property.
APPROVED.
4. FILE NO. 3513 MARK MAMOLEN
1758 W. 28TH STREET
LOT 6, BLOCK 1H, 3RD REVISED PLAT
OF SUNSET ISLANDS,
PLAT BOOK 40, PG 8;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following after-the-fact variance in order to
retain the existing jetski lift on the northwest end of the property:
1. A variance to waive 4’-4” of the minimum required interior side yard
setback of 7’-6” in order to retain the existing jetski lift at 3’-2” from
the north property line.
APPROVED.
5. FILE NO. 3514 NEW NATIONAL, LLC.
1677 COLLINS AVENUE. MIAMI BEACH,
MIAMI-DADE COUNTY, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE CONTACT
THE PLANNING DEPARTMENT)
BOARD OF ADJUSTMENT AFTER ACTION REPORT JULY 8, 2011
Page 4 of 9
The applicant is requesting the following variance in order to permit the
rehabilitation of an existing structure:
1. A variance to waive the required minimum hotel unit size: 15% of
the hotel units shall be between 330-335 s.f. and 85% of units shall
be 335 s.f. of larger, in order to provide retain (within the historic
building) 48 hotel units at less than 300 s.f (the smallest at 260 s.f.)
and 17 hotel units between 300 and 335 s.f.
CONTINUED TO THE AUGUST 5, 2011 MEETING.
6. FILE NO. 3515 SEVILLE ACQUISITION, LLC.
2901 COLLINS AVENUE. MIAMI BEACH,
MIAMI-DADE COUNTY, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE CONTACT
THE PLANNING DEPARTMENT)
The applicant is requesting the following variances in order to permit the
construction of new structures and the renovation of the existing hotel:
1. A variance to waive all of the minimum required north side yard
pedestal setback of 27’-6 ½” in order to construct an addition at the
northeast side of the property, located to the north property line
facing 30th Street.
2. A variance to waive all of the minimum required north side yard
pedestal setback of 15’-0” and a minimum of 10’-0” rear setback
from the Bulkhead line in order to construct an addition at the
northeast side of the property, located up to the north property line
facing 30th Street and the pool deck up to the Bulkhead line, and
the addition at 4’-0” from the Bulkhead line.
3. A variance to waive 76’-10” of the required rear yard pedestal
setback of 80’-10” in order to build at 4’-0” from the Bulkhead line to
the façade of the rear addition.
4. A variance to waive all of the minimum required south side yard
pedestal setback of 27’-6 ½” in order to construct the 5-story
building to the south property line.
5. A variance to waive all of the minimum required sum of the side
yards of 55’-1” in order to provide 0’-0” as the sum of the side
yards.
6. A variance to waive 6’-6” of the minimum required front tower
setback of 50’-0” in order to construct a tower addition at 43’-6”
from the front property line facing Collins Avenue.
BOARD OF ADJUSTMENT AFTER ACTION REPORT JULY 8, 2011
Page 5 of 9
7. A variance to waive 9’-6 ½” of the minimum required side setback
facing 30th Street for the tower portion of 27’-6” in order to build the
tower at 18’-0” from the north property line.
8. A variance to waive 26% of the minimum 50% view corridor
required within the rear yard in order to provide 24%.
9. A variance to waive 27% of the minimum lot coverage of 50% of the
required rear yard to be landscaped and open to the sky in order to
provide 23% lot coverage. (From erosion control line to rear
setback line which is 80’-10”)
CONTINUED TO THE AUGUST 5, 2011 MEETING.
7. FILE NO. 3516 ROSHTOV 909, LLC.
909 COLLINS AVENUE
SURVEY OF LOT 10, BLOCK 14,
OF OCEAN BEACH ADDITION NO. 2,
PLAT BOOK 2, PG 56;
MIAMI-DADE COUNTY, FLORIDA
THE APPLICANT REQUESTED CONTINUANCE TO THE AUGUST 5,
2011 MEETING.
8. FILE NO. 3517 CYNTHIA RODRIGUEZ
224 S. HIBISCUS DRIVE, MIAMI BEACH,
MIAMI-DADE COUNTY, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE CONTACT
THE PLANNING DEPARTMENT)
The applicant is requesting the following variance in order to build the pool
deck and pool retaining walls within the required rear yard:
1. A variance to exceed by 2’-0” the maximum permitted elevation
height +7’-8” NGVD within the required rear yard in order to build
portions of a pool deck and the infinity pool’s retaining walls at +9’-
8” NGVD.
APPROVED.
D. NEXT MEETING DATE
August 5, 2011
BOARD OF ADJUSTMENT AFTER ACTION REPORT JULY 8, 2011
Page 6 of 9
In accordance with the Americans With Disabilities Act of 1990, persons needing special accommodation
to participate in this proceeding, persons with disabilities, or to request material in accessible format,
contact the Board's administrator at (305)673-7550 no later than four (4) days prior to the proceeding.
If hearing impaired or for sign language interpreters, telephone (305)673-7219 (TDD) five (5) days prior
to the proceeding. F:\PLAN\$zba\AFTERAC\aft JULY 2011.doc
PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT
FLOOD PLAIN MANAGEMENT BOARD
AFTER ACTION REPORT
FRIDAY, JULY 8, 2011
HEARD AT THE CONCLUSION OF THE BOARD OF ADJUSTMENT MEETING
City Hall - 1700 Convention Center Drive, Commission Chambers - Third Floor
Miami Beach, Florida 33139
A. EXTENSION OF TIME
1. FILE NO. FP09-03 PESTANA MIAMI, LLC.
1817, 1831, 1835-37-39 JAMES
AVENUE
LOTS 10, 11, 12 and NORTH ½ OF
LOT 13 AND
WEST 25 FT. OF LOT 4; BLOCK 2, OF
FISHER'S FIRST ADDITION OF
ALTON BEACH
PLAT BOOK 2, PG 77;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting an extension of time for a previously
granted variance to waive the minimum required base flood plain
elevation for the existing structure
APPROVED.
BOARD OF ADJUSTMENT AFTER ACTION REPORT JULY 8, 2011
Page 7 of 9
B. NEW CASES
2. FILE NO. FP11-05 IVAN SCHNEIDER
5240 NORTH BAY ROAD
LOT 17, BLOCK 14, “LA GORCE
GOLF SUBDIVISION
PLAT BOOK 14, PG 43;
MIAMI-DADE COUNTY, FLORIDA
(FOR COMPLETE LEGAL
DESCRIPTION PLEASE CONTACT
THE PLANNING DEPT.)
The applicant is requesting a variance to waive the minimum
required base flood plain elevation for the existing structure.
APPROVED.
3. FILE NO. FP11-06 SRA/LINCOLN THEATER, LLC.
541-551 LINCOLN ROAD
LOTS 1, 2 AND 3, BLOCK 2
ACCORDING
TO THE PLAT OF LINCOLN ROAD
SUBDIVISION ”A”, PLAT BOOK 34,
PG 66;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a variance to waive the minimum
required base flood plain elevation for the existing structure.
APPROVED WITH MODIFIED CONDITION.
4. FILE NO. FP11-08 NEW NATIONAL, LLC.
1677 COLLINS AVENUE. MIAMI
BEACH,
MIAMI-DADE COUNTY, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE
CONTACT THE PLANNING
DEPARTMENT)
The applicant is requesting a variance to waive the minimum
required base flood plain elevation for the existing structure.
BOARD OF ADJUSTMENT AFTER ACTION REPORT JULY 8, 2011
Page 8 of 9
THIS CASE HAS BEEN CONTINUED BY STAFF TO THE
AUGUST 5, 2011 MEETING.
5. FILE NO. FP11-09 MARIA G. MENZEL TRUST
49 PALM AVENUE
LOT 14; BLOCK 1 OF PALM ISLAND,
PLAT BOOK 6, PG 54;
MIAMI-DADE COUNTY, FLORIDA
(FOR COMPLETE LEGAL
DESCRIPTION PLEASE CONTACT
THE PLANNING DEPARTMENT)
The applicant is requesting a variance to waive the minimum
required base flood plain elevation for the existing structure.
APPROVED.
C. APPEALS
6. FILE NO. FP11-04 1701 COLLINS (MIAMI) OWNER, LLC.
1701 COLLINS AVENUE
LOTS 1, 2, 19 AND 20, BLOCK 28 OF “FISHER’S FIRST
SUBDIVISION OF ALTON BEACH”, PLAT BOOK 2, P 77;
MIAMI-DADE COUNTY,
FLORIDA. TOGETHER WITH THAT AREA LYING
EASTERLY OF LOTS 1 AND 2, BLOCK 28, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED
ON THE NORTH BY THE EXTENSION EASTERLY OF
THE NORTHERLY LINE OF LOT 2 TO THE
ESTABLISHED EROSION CONTROL LINE OR THE
MEAN HIGH WATER MARK OF THE ATLANTIC OCEAN
WHICHEVER IS MORE WESTERLY. BOUNDED ON THE
SOUTH BY THE EXTENSION EASTERLY OF THE
SOUTHERLY LINE OF LOT 1 TO THE SAID EROSION
CONTROL LINE OR THE MEAN HIGH WATER MARK OF
THE ATLANTIC OCEAN, WHICHEVER IS MORE
WESTERLY. BOUNDED ON THE WEST BY THE
EASTERLY LINE OF SAID LOTS 1, AND 2; BOUNDED
ON THE EAST BY THE ESTABLISHED EROSION
CONTROL LINE, OR MEAN HIGH WATER MARK OF THE
ATLANTIC OCEAN, WHICHEVER IS MORE WESTERLY.
This case was continued at the June 3, 2011 meeting.
1701 Collins (Miami) Owner, LLC is appealing to the Floodplain
Management Board the decision of the Building Director/designee
to require the Project (the proposed restoration/renovation of the
historic structure located at 1701 Collins Avenue) to attain a
variance from the Floodplain Management ordinance, Chapter 54,
“Floods,” Article II, “Floodplain Management,” City Code, if, at any
time during the Project’s duration, the Building Department makes
a determination that the Project cost exceeds the cost basis set
BOARD OF ADJUSTMENT AFTER ACTION REPORT JULY 8, 2011
Page 9 of 9
forth in the definition of substantial improvement as defined in
Section 54-35 of the City Code.
NO ACTION TAKEN.
7. FILE NO. FP11-07 NEW NATIONAL, LLC.
1677 COLLINS AVENUE. MIAMI
BEACH,
MIAMI-DADE COUNTY, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE
CONTACT THE PLANNING
DEPARTMENT)
New National, LLC (Owner) is appealing to the Floodplain
Management Board, the decision of the Building Director or his
designee to require the proposed restoration/renovation of the
historic structure (the Project) located at 1677 Collins Avenue, to
attain a variance from the Floodplain Management ordinance,
Chapter 54, “Floods,” Article II, City Code, if, at any time during the
Project’s duration, the Building Department makes a determination
that the Project cost exceeds the cost basis set forth in the
definition of substantial improvement as defined in Section 54-35 of
the City Code.
THIS CASE HAS BEEN CONTINUED BY STAFF TO THE
AUGUST 5, 2011 MEETING.
In accordance with the Americans With Disabilities Act of 1990, persons needing special accommodation
to participate in this proceeding, persons with disabilities, or to request material in accessible format,
contact the Board's administrator at (305)673-7550 no later than four (4) days prior to the proceeding.
If hearing impaired or for sign language interpreters, telephone (305)673-7219 (TDD) five (5) days prior
to the proceeding.
F:\PLAN\$zba\AGENDAS\aft FPMB JULY 2011.doc