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Home My WebLink AboutBOA 20090605Page 1 of 7 PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT BOARD OF ADJUSTMENT AFTER ACTION REPORT FRIDAY, JUNE 5, 2009 9:00 A.M. CITY COMMISSION CHAMBERS, THIRD FLOOR 1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA A. ITEM TO BE CONTINUED 1. FILE NO. 3417 SOUTH BEACH RESORT DEVELOPMENT, LLC. 1458 OCEAN DRIVE AND 1437 COLLINS AVENUE LOTS 5 AND 6, HARRISON & HAYES SUBDIVISION, PLAT BOOK 9, PG 73; MIAMI-DADE COUNTY, FLORIDA The applicant is requesting the following variance in order to operate an accessory outdoor bar counter with extended hours of operation: 1. A variance to exceed the allowable hours of operation of an accessory outdoor bar counter until 2:00 am. THIS CASE WAS CONTINUED BY STAFF TO THE JULY 10, 2009 MEETING. B. MODIFICATION 2. FILE NO. 2684 ELOHIM JIREH INVESTMENTS, INC. 1436 DREXEL AVENUE ESPANOLA VILLAS FIRST ADDITION LOT 1 LESS N3FT FOR ST AND LOT 2 LESS N3FT FOR ST; BLOCK 4 B, PLAT BOOK 9 PG 147; MIAMI-DADE COUNTY, FLORIDA BOARD OF ADJUSTMENT AFTER ACTION REPORT JUNE 5, 2009 Page 2 of 7 The applicant is requesting the following modification to the BOA Order File No. 2684, dated November 5, 2004: 1. The subject establishment shall operate as a restaurant only, with only background music permitted. License approval for Entertainment Establishment and/or Dance Hall shall not be permitted (as per Section 114-1 of the City Code, definitions are as follows: Entertainment establishment means a commercial establishment with any live or recorded, amplified or non-amplified performance, (excepting television, radio and/or recorded background music, played at a volume that does not interfere with normal conversation, and indoor movie theater operations). Dance hall means a commercial establishment where dancing by patrons is allowed, including, but not limited to, restaurants, alcoholic beverage establishments and entertainment establishments.). The applicant may, in future, request that this condition be modified by the Board of Adjustment by applying for a modification to the variance order. THIS CASE WAS WITHDRAWN BY THE APPLICANT. C. NEW CASES 3. FILE NO. 3418 HOSPITALITY VENTURES, INC. 1413-1415 WASHINGTON AVENUE LOT 13; BLOCK 26 OF OCEAN BEACH ADDITION NO 2, PLAT BOOK 2 PG 56; MIAMI-DADE COUNTY, FLORIDA The applicant is requesting the following variance in order to sell alcoholic beverages at a proposed restaurant: 1. A variance to waive 196 feet of the minimum required 300 foot separation between a business that sells alcoholic beverages for consumption and an existing educational facility, Fisher-Feinberg Elementary School in order to sell alcoholic beverages for consumption on the premises with a distance of 104 feet to the school. BIFURCATED: VARIANCE REQUEST APPROVED, RESTRICTIONS ON HOURS OF ALCOHOL SALES CONTINUED TO THE JULY 10, 2009 MEETING. BOARD OF ADJUSTMENT AFTER ACTION REPORT JUNE 5, 2009 Page 3 of 7 4. FILE NO. 3419 CREA CAFÉ, LLC. D/B/A MATTARELLO BAKERY CAFE 1450 WASHINGTON AVENUE ESPANOLA VILLAS 1ST ADDITION LOTS 1-2-3-4-5-6 EACH LESS S3FT FOR ST BLOCK 3A PLAT BOOK 9 PG 147; MIAMI-DADE COUNTY, FLORIDA The applicant is requesting the following variances in order to sell beer and wine at an existing café: 1. A variance to waive 143 feet of the minimum required 300 foot separation between a business that sells alcoholic beverages for consumption and an existing educational facility, Fisher-Feinberg Elementary School in order to sell beer and wine for consumption on the premises with a distance of 157 feet to the school. 2. A variance to waive twenty-two (22) seats of the minimum requirement of thirty (30) seats for an eight (8) seat cafe to serve beer and wine for consumption on the premises. BIFURCATED: VARIANCE REQUEST APPROVED, RESTRICTIONS ON HOURS OF ALCOHOL SALES CONTINUED TO THE JULY 10, 2009 MEETING. 5. FILE NO. 3420 SCOTT ROBINS AS PRESIDENT OF 8TH STREET WASHINGTON HOLDINGS, INC. 743 WASHINGTON AVENUE LOT 14, BLOCK 33 OF OCEAN BEACH ADDITION # 1 PLAT BOOK 3, PG 11; MIAMI-DADE COUNTY, FLORIDA The applicant is requesting the following variance in order to operate a dance hall / entertainment establishment not also operating as a restaurant at the subject location: 1. A variance to waive the minimum distance separation of 300 feet required between dance hall/entertainment establishments licensed to sell alcoholic beverages, and not also operating as a restaurant with full kitchen and serving full meals: APPROVED WITH CONDITION NO. 19 MODIFIED. BOARD OF ADJUSTMENT AFTER ACTION REPORT JUNE 5, 2009 Page 4 of 7 6. 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 variance in order to permit the rehabilitation of three existing structures (under Unity of Title): 1. A variance to waive the required minimum hotel unit size as follows: 1817 James Avenue: 31% of the proposed units to be under 300 s.f. (17 units) (254 s.f. to 290 s.f.) 36% of the proposed units to be between 300-334 s.f. (20 units) 33% of the units proposed to be 335 s.f. and above (18 units) 1835-37-39 James Avenue: 38% of the units proposed to be between 300-334 s.f. 62% of the proposed units to be 335 s.f. and above APPROVED WITH ADDITIONAL CONDITIONS. 7. FILE NO. 3422 RALPH SACCO AND SCOTT DUTCHER 405 EAST SAN MARINO DRIVE LOT 11, IN BLOCK 3, OF SAN MARINO PLAT BOOK 9, PG 22; MIAMI-DADE COUNTY, FLORIDA The applicant is requesting an after-the-fact variance in order to retain an existing pool and its deck at the rear of the existing single family residence: 1. An after-the-fact variance to waive 1’-2” and 1’-11” of the required interior side yard setback of 7’-6” from the pool deck and 9’-0” from the water’s edge to an interior property line in order to retain the existing pool deck at 6’-4” and the water’s edge at 7’-1” from the north property line. APPROVED. 8. FILE NO. 3423 OSCAR AND ELENA FELDENKREIS BOARD OF ADJUSTMENT AFTER ACTION REPORT JUNE 5, 2009 Page 5 of 7 5222 -5224 NORTH BAY ROAD LOTS 19 AND 20, IN BLOCK 14 OF “LA GORCE GOLF SUBDIVISION” PLAT BOOK 14, PG 43; MIAMI-DADE COUNTY, FLORIDA The applicant is requesting the following variance in order to place an emergency generator within the required south interior side yard setback: 1. A variance to waive 2’-8 ½” of the minimum required interior side yard setback of 16’-6 ½” in order to place an emergency generator at 13’-10” from the south property line. APPROVED. D. APPEAL 9. FILE NO. 3415 THE RONEY PALACE CONDOMINIUM ASSOC. 2301-2399 COLLINS AVENUE MIAMI BEACH, FLORIDA (FOR LEGAL DESCRIPTION PLEASE CONTACT THE PLANNING DEPT.) This case was continued by staff at the May 8, 2009 meeting. The applicant, The Roney Palace Condominium Association, Inc., is appealing the January 26, 2009 administrative decision of the City of Miami Beach Planning Director concerning the operating hours of the outdoor bar counter on the rooftop of the north tower containing the Gansevoort Hotel at the above referenced address. The appeal challenges the Director's determination as to the applicability of certain regulations on the hours of the subject outdoor bar counter, specifically how City Code Section 142-244, which contains certain locational criteria, applies to the hours of operation of the outdoor bar counter. THIS CASE WAS CONTINUED TO THE JULY 10, 2009 MEETING. E. DISCUSSION RESOLUTION BY THE BOARD OF ADJUSTMENT TO THE CITY COMMISSION: “IN LIGHT OF THE EVOLVING HISTORY OF MIAMI BEACH AND ITS LANDSCAPE, THE BOARD OF ADJUSTMENT RESPECTULLY BOARD OF ADJUSTMENT AFTER ACTION REPORT JUNE 5, 2009 Page 6 of 7 REQUESTS THAT THE CITY COMMISSION OF THE CITY OF MIAMI BEACH RE-VISITS THE 300 FEET DISTANCE SEPARATION REQUIREMENT FROM ESTABLISHEMENTS SERVING AND SELLING ALCOHOL FROM SCHOOLS, AND CONSIDERS THE FOLLOWING FOUR (4) COURSES OF ACTION: 1. WHETHER WE SHALL ABANDON THE STANDARD. 2. WHETHER THE REQUIREMENT SHALL BE KEPT AND BE CONSIDERED BY ANOTHER BOARD. 3. EXEMPT THE WASHINGTON AVENUE /ESPANOLA WAY CORRIDOR. 4. CONTINUE WITH THE CURRENT STANDARD… …IN A LARGER SENSE, CONSIDER THE QUESTION OF WHETHER THE BOARD OF ADJUSTMENT SHOULD CONTINUE TO EVALUATE DISTANCE SEPARATION APPLICATIONS.” A motion to adapt the resolution as read was moved by Ms. Sherry Roberts and seconded by Mr. Lior Leser. All five Board members voted in favor. Larry Herrup, the Chairman, and Brian Ehrlich were absent. F. NEXT MEETING DATE July 10, 2009 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 JUNE2009.doc PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT FLOOD PLAIN MANAGEMENT BOARD AFTER ACTION REPORT FRIDAY, JUNE 5, 2009 HEARD AT THE CONCLUSION OF THE BOARD OF ADJUSTMENT MEETING City Hall - 1700 Convention Center Drive, Commission Chambers - Third Floor BOARD OF ADJUSTMENT AFTER ACTION REPORT JUNE 5, 2009 Page 7 of 7 Miami Beach, Florida 33139 1. FILE NO. FP09-01 FONTAINEBLEAU FLORIDA HOTEL, LLC 4441 COLLINS AVENUE MIAMI BEACH, 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 renovated existing basement level of the Fontainebleau Hotel. APPLICATION INCOMPLETE. CASE CONTINUED TO THE JULY 10, 2009 MEETING. 2. 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 a variance to waive the minimum required base flood plain elevation to allow the renovation and restoration of three existing structures. APPROVED. 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\aftFPMB JUNE 2009.doc