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PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT
BOARD OF ADJUSTMENT
AFTER ACTION REPORT
FRIDAY, MARCH 6, 2009
9:00 A.M.
CITY COMMISSION CHAMBERS, THIRD FLOOR
1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA
A. PROGRESS REPORT
1. FILE NO. 3198 MIGUEL ANGEL DIEGO
7 FARREY LANE
LOT 7; BELLE ISLE VILLAS SECOND SEC.
PLAT BOOK 42, PG 100;
MIAMI-DADE COUNTY, FLORIDA
The applicant will present a progress report associated with the variances
related to the construction of a new two (2) story single family residence.
PROGRESS REPORT WITHIN 30 DAYS OF COMMENCEMENT OF
CONSTRUCTION.
B. CONTINUED CASES
2. FILE NO. 3068 J. CUBED, LLC .
421 AND 425 MERIDIAN AVENUE
421 MERIDIAN AVE.: LOT 9, BLOCK 56
425 MERIDIAN AVE.: LOT 10, BLOCK 56
OCEAN BEACH ADDITION NO. 3
PB 2-81; MIAMI-DADE COUNTY, FLORIDA
THIS CASE WAS WITHDRAWN BY THE APPLICANT.
3. FILE NO. 3328 ST. PATRICK CHURCH AND SCHOOL
BOARD OF ADJUSTMENT AFTER ACTION REPORT
MARCH 6, 2009
Page 2 of 6
3701 NORTH MERIDIAN AVENUE
LOTS 12 THRU 19 INCLUSIVE BLOCK 2 OF
“AMENDED PLAT OF GARDEN SUBDIVISION”
PLAT BOOK 31, PG 9;
MIAMI-DADE COUNTY, FLORIDA;
ALL OF BLOCK 5
OF “AMENDED PLAT OF GARDEN SUBDIVISION”
PLAT BOOK 31, PG 9;
MIAMI-DADE COUNTY, FLORIDA
Applicant will be requesting continuance at the meeting.
The applicant is requesting the following variances in order to permit the
construction of a new single story pre-kindergarten classroom building,
along with the re-construction of North Meridian Avenue to include parking
and a variance waiving the provisions of Chapter 130, Article III of the City
Code, to permit the use of a grass parking system for dual-use playfield /
auxiliary parking lot:
1. A variance to waive all of the required front yard setback of 20’ - 0”
in order to build the new classroom building up to the west property
line, facing North Meridian Avenue.
2. A variance to waive the provisions of Chapter 130, Article III of the
City Code, to permit the use of a grass parking system (to resurface
the existing playing field bounded by the waterway at the east,
North Meridian Avenue to the west and the south property line) for
dual-use playfield / auxiliary non-marked parking lot.
APPLICANT REQUESTED CONTINUANCE TO THE MAY 8, 2009
MEETING.
4. FILE NO.3406 MICHAEL MUSKAT, PHILLIP MUSKAT,
1247 BAYVIEW DEVELOPMENT CORP.
1255 WEST AVENUE
MIAMI BEACH, FLORIDA
(FOR LEGAL DESCRIPTION,
PLEASE CONTACT THE PLANNING DEPT.)
The applicant is requesting the following variances in order to permit the
construction of a new six (6) story hotel, to replace two existing single
story homes and one existing 2-story building, to be demolished:
1. A variance to waive 2’ - 0” of the minimum required drive width of
22’ - 0” in order to build a drive access from the alley to the
underground parking level with a width of 20’-0”.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
MARCH 6, 2009
Page 3 of 6
2. A variance to waive 4’ - 3” of the required interior side yard setback
of 5’ - 9” at the parking level in order to build two (2) at-grade
parking spaces at 1’ - 6” from the south property line.
3. A variance to waive 18’-5” of the minimum required underground
parking front setback of 20’-0” in order to build the underground
parking at 1’-7” from the front property line, facing West Avenue.
4. A variance to waive all of the minimum required underground
parking interior side yard setback of 5’-9” in order to build the
subterranean parking up to the south property line.
5. A variance to waive 10’-0” of the minimum tower front setback
requirement of 30’-0” in order to provide a tower setback of 20’ - 0”
from the west property line.
6. A variance to waive 7’ - 6” of the minimum required rear tower
setback of 22’ - 6” in order to build the rear of the tower portion of
the building at 15’ - 0” from the east property line.
CONTINUED FOR THIRTY (30) DAYS ( APRIL 3, 2009).
C. NEW CASES
5. FILE NO. 3403 FOXMAN TILTON ASSOCIATES, LLC
7 CENTURY LANE
LOT 7, “BELLE ISLE VILLAS”
PLAT BOOK 42, PG 92;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
renovation and a one-story addition to the rear of an existing one-story
single family home:
1. A variance to waive 1’-6” of the minimum required interior side yard
pedestal setback of 7’-6” in order to extend the existing building at
6’-0” from the northeast property line, following the existing building
line.
2. A variance to waive 2’-5” of the minimum required interior side yard
pedestal setback of 7’-6” in order to extend the existing building at
5’-1” from the southwest property line, following the existing
building line.
APPROVED.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
MARCH 6, 2009
Page 4 of 6
6. FILE NO.3407 HOME R US DEVEOPMENT III, INC.
5745 PINETREE DRIVE
LOTS 18 & 19, BLOCK 1A
BEACH VIEW SUBDIVISION; PB 9, PG 158;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to retain an
existing single family residence, pool and pool deck and an accessory
structure located at the rear of the lot, as the result of a lot split:
1. A variance to all of the required interior side yard setback of 15’-0”
in order to retain a loggia up to the south property line.
2. A variance to waive 32’-6” of the minimum required sum of the side
yards of 37’-6” in order to provide a sum of the side yards of 5’-0”.
3. A variance to waive all of the interior side yard setback of 7’-6”
required from a pool deck to an interior property line in order to
retain the existing pool deck up to the south property line.
4. A variance to waive 3’-11” of the minimum required interior side
yard setback of 9’-0” in order to retain the existing pool waterline at
5.14’ from the south property line.
5. A variance to waive 3’-7” of the minimum required interior side yard
setback of 7’-6” for an accessory structure to an interior side
property line in order to retain a one-story accessory structure at 3’-
11” from the south property line.
APPROVED.
7. FILE NO.3409 BRETT PALOS & WILLIAM M. WILLIAMS ON
BEHALF OF THE WILLIAM M. WILLIAMS
REVOCABLE TRUST DATED AUGUST 11, 1999
2 & 4 LA GORCE CIRCLE
LOT 1 & 2, BLOCK 1 OF “LA GORCE ISLAND”
PB 34, PG 83; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
connection of two existing single family residences, to combine them into
one single family home residence:
1. A variance to waive 9’-9” of the minimum required interior side yard
setback of 19’-10” at the west side of the property in order to retain
BOARD OF ADJUSTMENT AFTER ACTION REPORT
MARCH 6, 2009
Page 5 of 6
the existing west façade of the home (4 La Gorce Circle) at its
existing setback of 10’-1”.
2. A. A variance to waive 9’-6” of the minimum required side yard
facing the street setback of 19’-10” at the east side of the
property in order to retain the existing east facade of the home (2
La Gorce Circle) at its existing setback of 10’-4”, facing Pine
Tree Drive.
B. A variance to waive 9’-3” of the minimum required side yard
facing the street setback of 19’-10” at the east side of the
property in order to build two guest bedrooms at 10’-7”, following
the existing building line (2 La Gorce Circle), facing Pine Tree
Drive.
3. A variance to waive 29’-1” of the minimum required sum of the side
yards of 49’-6” in order to provide a sum of the side yards of 20’-5”,
once the two homes have been combined into one home.
APPROVED WITH ADDITIONAL CONDITIONS.
8. FILE NO. 3411 PETER J. NEARY/
DECO DISCOUNT & DRUGS, LLC.
1411 WASHINGTON AVENUE
LOT 12 IN BLOCK 26, 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 beer and
wine for consumption off the premises:
1. A variance to waive 200.21 feet of the minimum required 300 foot
separation between a business that sells alcoholic beverages for
consumption off the premises and an existing educational facility,
Fisher-Feinberg Elementary School in order to sell beer and wine
for consumption off the premises with a distance of 99.79 feet to
the school.
CONTINUED FOR THIRTY (30) DAYS ( APRIL 3, 2009).
D. NEXT MEETING DATE
April 3, 2009
BOARD OF ADJUSTMENT AFTER ACTION REPORT
MARCH 6, 2009
Page 6 of 6
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 MARCH2009.doc
PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT
BOARD OF ADJUSTMENT
WORKSHOP AFTER ACTION REPORT
FRIDAY, MARCH 6, 2009
TO BE HEARD AT THE CONCLUSION OF THE BOARD OF ADJUSTMENT
MEETING
City Hall – Commission Chambers, Third Floor
1700 Convention Center Drive, Miami Beach, Florida
The purpose for this workshop meeting is to discuss issues related to the Board of
Adjustment, including, but not limited to:
1. Definitions of Hardship
2. Minimum Criteria for Variances
WORKSHOP HAS BEEN POSTPONED TO MAY 8, 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 BOA WORKSHOP MARCH 09.doc