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PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT
BOARD OF ADJUSTMENT
AFTER ACTION REPORT
FRIDAY, OCTOBER 7, 2011
9:00 A.M.
CITY COMMISSION CHAMBERS, THIRD FLOOR
1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA
A. DISCUSSION ITEM
Ex parte communications
B. PROGRESS REPORT
1. FILE NO. 3436 THE MIMOSA, LLC.
6529 INDIAN CREEK DR. AND 6526 COLLINS AVENUE
LOT 44 AND THE SOUTH 8 FEET OF LOT 43,
BLOCK 7 OF “AMENDED PLAT OF SECOND
OCEAN FRONT SUBDIVISION OF THE MIAMI
BEACH BAYSHORE COMPANY”, PLAT BOOK 28,
PG 28; MIAMI-DADE COUNTY, FLORIDA
LOT 21, BLOCK 7 OF “AMENDED PLAT OF
SECOND OCEANFRONT SUBDIVISION”
PLAT BOOK 28, PG 28;
MIAMI-DADE COUNTY, FLORIDA
The applicant will present a progress report as required by BOA File 3436,
issued on October 2, 2009, in order to address Condition No. 5, regarding
the street trees as per the City of Miami Beach Master Street Tree Plan.
PROGRESS REPORT DUE IN 30 (THIRTY) DAYS, NOVEMBER 4,
2011.
C. .NEW CASES
2. FILE NO. 3408 DONOVAN GOUGON
BOARD OF ADJUSTMENT AFTER ACTION REPORT
OCTOBER 7, 2011
Page 2 of 9
251 PALM AVENUE
LOT 44, BLOCK 2-B OF ENTITLED AMENDED
RIVIERA AND THE FIRST AND SECOND
ADDITIONS,
PLAT BOOK 32, PG 37;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a swimming pool and its associated coping within the
required front yard of an existing single family residence:
1. A variance to waive 9’-0” and 10’-0” of the required 20’-0” minimum
front yard setback for a swimming pool and its associated coping in
order to build the coping at 10’-0” and the water’s edge at 11’-0” to
the front property line, facing Palm Avenue.
THIS CASE HAS BEEN CONTINUED BY STAFF TO THE NOVEMBER
4, 2011 MEETING.
3. 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 is requesting the following variances in order to permit the
construction of a new one-story addition at the front and four-story addition
at the rear of the existing two-story building:
1. A variance to waive 5’-0” of the minimum required front yard
setback of 10’-0” in order to build the front façade of the new
addition at 5’-0” from the front property line.
If Variance #1 is granted, then the applicant requests Variance #2:
2. A variance to exceed by 1’-3” the maximum permitted roof
overhang projection of 1’-3” in order to build a roof overhang
projecting 2’-6” into the front yard setback.
3. A variance to waive 2’-0” of the minimum required interior side yard
setback of 5’-0” in order to build the front addition at 3’-0” from the
north property line, following the existing building line.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
OCTOBER 7, 2011
Page 3 of 9
4. A variance to waive 1’-1” of the minimum required interior side yard
setback of 5’-0” in order to build the rear addition at 3’-11” from the
south property line, following the existing building line.
APPROVED.
4. FILE NO. 3526 SHMALTS GROUP, LLC. /
DAVID MALKIN, MEMBER
431 WEST RIVO ALTO DRIVE
LOT 1, BLOCK 10, PLAT OF RIVO ALTO,
PLAT BOOK 7, PG 74;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of a swimming pool and its associated deck within the
required front and interior side yards of an existing single family residence:
1. A variance to waive 13’-0” and 9’-9 ½” of the required 20’-0”
minimum front yard setback for a swimming pool and its associated
deck in order to build the pool deck at 7’-0” and the water’s edge at
10’-2 ½” at its closest point to the front (West) property line, facing
West Rivo Alto Drive.
2. A variance to waive 2’-6” of the minimum required interior side yard
setback for a pool deck of 7’-6” in order to build the swimming pool
deck at 5’-0” from the interior side property line and to waive 1’-6” of
the minimum required interior side yard setback for the water’s
edge of 9’-0” in order to build the waterline at 7’-6” from the South
property line.
APPROVED.
5. FILE NO. 3527 SFI BR VILLA LUISA, LLC.
121 OCEAN 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 a fence
at the rear of the property:
1. A variance to exceed by 2’-11” the maximum allowable fence height
of 5’-0” in order to build a 7’-11” high fence at the rear of the
property.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
OCTOBER 7, 2011
Page 4 of 9
APPROVED.
6. FILE NO. 3528 CLAREMONT PARTNERS, LLC.
1700 COLLINS AVENUE. MIAMI BEACH,
MIAMI-DADE COUNTY, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE CONTACT
THE PLANNING DEPARTMENT)
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 retain 67 hotel units at less than
300 s.f (the smallest at 220 s.f.) and 2 hotel units between 300 and
335 s.f.
APPLICANT REQUESTED CONTINUANCE TO THE NOVEMBER 4,
2011 MEETING.
7. FILE NO. 3529 TD BANK, N.A.
930-851 ARTHUR GODFREY ROAD
LOT 1, BLOCK 4, “41ST STREET BUSINESS
SUBDIVISION”, PLAT BOOK 34, PG 92;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to build a
monument sign:
1. A variance to relocate an allowable monument sign fronting Garden
Avenue to the northeast corner of the property.
2. A. A variance to waive 2’-2 ½” of the minimum required setback of
10’-0” in order to build a monument sign at 7’-9 ½” from the north
property line, facing 41st Street.
2. B. A variance to waive 6’-0” of the minimum required setback of 7’-
6” at the interior side in order to build the monument sign at 1’-6”
from the west property line.
APPROVED.
8. FILE NO. 3530 OCEAN ONE AT SOUTH POINTE, LLC.
850 COMMERCE STREET
BOARD OF ADJUSTMENT AFTER ACTION REPORT
OCTOBER 7, 2011
Page 5 of 9
LOTS 10 THRU 12, BLOCK 51, “OCEAN
BEACH FLORIDA ADDITION NO. 3”,
PLAT BOOK 2, PG 81;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to allow the
construction of parking spaces at the rear of the property:
1. A variance to waive all of the required rear yard pedestal setback of
5’-0” in order to build parking spaces up to the South property line.
2. A variance to waive the required size of a loading space of 10’-
0”x20’-0” in order to build one loading space with the dimensions of
10’-0”x19’-2”.
3. A variance to waive the required size of a parallel parking space of
8’-6”x21’-0” in order to build two parking spaces with the
dimensions of 10’x19’-2”.
APPROVED WITH ADDITIONAL CONDITION.
9. FILE NO. 3531 730 FIRST STREET ASSOCIATES, LLC.
730-804 1ST STREET
THE WEST 8.00 FEET OF LOT 7 AND ALL OF
LOTS 8, 9, 10 AND 11, BLOCK 52, “OCEAN
BEACH, FLA.”, PLAT BOOK 2, PG 81;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to allow the
construction of a 4-story robotic parking garage with accessory ground
floor commercial uses on a site containing an existing surface parking lot:
1. A variance to waive Section 142-699 that requires that all required
setbacks are to be minimum and maximums within the required
front yard, in order to place the building at 1’-0” from the front
property line, facing 1st Street, when the required front yard setback
is 0’-0” and 20’-0” from adjacent streets above the first 40 feet in
height, in order to build a portion of the 4th level of parking up to the
front property line.
2. A variance to waive 2’-10” of the minimum required front yard tower
setback for residential uses of 20’-0” in order to build the residence
at 17’-2” from the front property line, facing 1st Street.
3. A variance to waive 6’-10” of the minimum required interior side
yard tower setback of 16’-2” in order to build the tower at 9’-4” from
the West property line.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
OCTOBER 7, 2011
Page 6 of 9
4. A variance to waive all of the maximum permitted allowable
projection of 2’-4” in order to build the balcony at the tower level up
to the West property line.
APPROVED WITH ADDITIONAL CONDITION.
10. FILE NO. 3532 ANTONIO HALABI AS A MANAGING MEMBER
OF GALILEO ENERPRISES, LLC.
447 ESPANOLA WAY
LOT 1, 2, 3, 4, 5, AND 6 OF BLOCK3 A,
OF FIRST ADDITION TO WHITMANS SUBDIVISION
OF ESPANOLA VILLAS,
PLAT BOOK 9, PG 147;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to sell liquor for
consumption at a restaurant:
1. A variance to waive fifteen (15) seats of the minimum requirement
of sixty (60) seats for a forty-five (45) seat restaurant to serve liquor
for consumption on the premises.
APPROVED.
11. FILE NO. 3533 RP HOTEL HOLDINGS, LLC.
1545 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 renovate the
existing building:
1. A. A variance to waive 71’-5” of the minimum required rear yard
setback of 148’-9 ½” in order to build a terrace and stairs on the
south side of the property at 77’-4 ½” from the rear property line
(Erosion Control Line).
B. A variance to waive 62’-7” of the minimum required rear yard
setback of 148’-9 ½” in order to build an elevated egress ramp
on the north side of the property at 86’-2 ½” from the rear
property line (Erosion Control Line).
BOARD OF ADJUSTMENT AFTER ACTION REPORT
OCTOBER 7, 2011
Page 7 of 9
2. A variance to waive all of the minimum required interior side yard
pedestal setback of 20’-11” in order to build an elevated egress
ramp on the north side of the property up to the north property line.
3. A variance to waive Section 138-71(d) which only permits signs to
face a street or waterfront in order to install the permitted building
identification sign for Collins Avenue on the north elevation of the
hotel.
4. A variance to waive Section 138-71(d) which only permits signs to
face a street or waterfront in order to relocate a permitted Ocean
front sign as a building identification sign on the south elevation of
the hotel.
APPROVED.
12. FILE NO. 3534 SCOTT BEATTIE
230 E. RIVO ALTO DRIVE
LOTS 5, 6 AND 7, BLOCK 8, OF
“PLAT OF RIVO ALTO”;
PLAT BOOK 7, PG 74;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
retention of an accessory building within the required interior side yard of
an existing single family residence:
1. A variance to permit the construction of an accessory building
within the required side yard.
If variance 1 is granted, the applicant requests:
1.A A variance to waive 10’-3” of the minimum required interior side
yard setback of 18’-0” in order to retain the existing accessory
structure at 7’-9” from the interior property line (West).
APPROVED WITH MODIFIED CONDITION.
D. NEXT MEETING DATE
December 2, 2011
BOARD OF ADJUSTMENT AFTER ACTION REPORT
OCTOBER 7, 2011
Page 8 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 OCTOBER 2011.doc
PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT
FLOOD PLAIN MANAGEMENT BOARD
AFTER ACTION REPORT
FRIDAY, OCTOBER 7, 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
1. FILE NO. FP11-08 NEW NATIONAL, LLC.
1677 COLLINS AVE, MIAMI BEACH,
MIAMI-DADE COUNTY, FLORIDA
(FOR 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.
2. FILE NO. FP11-11 LAND TRUST NO. 1
2301 NORTH BAY ROAD
LOT 28 AND THE SOUTH ½ OF LOT
27, BLOCK 13 OF “AMENDED PLAT
OF SUNSET LAKE
SUBDIVISION”, PLAT BOOK 8, PG 52;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a variance to waive the minimum
BOARD OF ADJUSTMENT AFTER ACTION REPORT
OCTOBER 7, 2011
Page 9 of 9
required base flood plain elevation for the existing structure.
APPROVED.
APPEAL
3. FILE NO. FP11-07 NEW NATIONAL, LLC.
1677 COLLINS AVE, MIAMI BEACH,
MIAMI-DADE COUNTY, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE
CONTACT THE PLANNING DEPT.)
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.
THE APPLICANT REQUESTED CONTINUANCE TO THE
DECEMBER 2, 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\AFTERAC\aft FPMB OCTOBER 2011.doc