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PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT
BOARD OF ADJUSTMENT
AFTER ACTION REPORT
FRIDAY, APRIL 3, 2009
9:00 A.M.
CITY COMMISSION CHAMBERS, THIRD FLOOR
1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA
A. EXTENSION OF TIME
1. FILE NO. 3094 EDUARDO DARER a/k/a NINE45 JEFFERSON
945 JEFFERSON AVENUE
LOT 14; BLOCK 70;
OCEAN BEACH ADDITION NO. 3
PLAT BOOK 2, PG 81;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following modification to a condition of
approval for variances associated with the construction of a seven (7) unit,
four (4) story multifamily building:
The Modification Order dated October 3, 2008, required that the project be
completed by April 4, 2009. The applicant is hereby requesting to modify
the completion date to April 3, 2010.
APPROVED. PROGRESS REPORT DUE IN 30 DAYS (MAY 8, 2009)
WITH STAFF EVALUATION OF SITE CONDITIONS AND FENCING
REQUIREMENTS.
B. MODIFICATION
2. FILE NO. 3097 SOUTH SHORE LANDOWNERS, LLC
280-330 SOUTH SHORE DRIVE
LOTS 3,4 & 5; BLOCK 55
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 3, 2009
Page 2 of 6
NORMANDY GOLF COURSE SUBDIVISION
PLAT BOOK 44 PG 62;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a modification to a condition of approval for a
variance associated with the construction of a new two (2), four-story
buildings with twenty-eight (28) residential units and forty-two (42) parking
spaces:
The Modification Order dated June 8, 2007, required that the project be
completed by November 6, 2009. The applicant is hereby requesting to
delete the required completion date timeframe or, alternatively, to modify
the condition to complete the project by November 6, 2011.
APPLICANT REQUESTED CONTINUANCE TO THE MAY 8, 2009
MEETING.
C. EXTENSION OF TIME AND MODIFICATION
3. FILE NO. 3309 MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION / 221 28TH STREET
LOTS 1, 2, 6, AND 7, BLOCK 10,
MIAMI BEACH IMPROVEMENT COMPANY
SUBDIVISION, PLAT BOOK 5, PG 7;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting modifications to the approved site plans, in
order to permit the construction of a new six (6) story structure for low
income elderly housing, to replace an existing parking lot. In addition, the
applicant is requesting a modification to a condition of approval for the
variances. Condition number 5 of the June 8, 2007 Order requires that a
full building permit be issued by December 8, 2008. The applicant is
requesting to extend the time to obtain a full building permit to December
8, 2009. The consolidation of Board of Adjustment Orders File No. 3309
dated June 8, 2007 and File No. 3388 dated November 7, 2008, will also
take effect.
1. A variance to waive the minimum and average unit size of 550 s.f.
for new construction for low and/or moderate income elderly
housing in order to provide units ranging between 503 504 s.f. and
545 531 s.f. and with an average of 522 514 s.f.
2. A variance to waive 3’ - 8” 4’ - 6” of the minimum required 8’ - 0”
interior side pedestal setback at the north side of the property in
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 3, 2009
Page 3 of 6
order to build the new construction at 4’ - 4” 3’ - 6” from the north
property line.
3. A variance to waive 11’ - 0” 11’ - 10” of the minimum required sum
of the side yards of 16’ - 0” at the pedestal level in order to provide
a sum of the side yards of 5’ - 0” 4’ - 2”.
4. A variance to waive 5’ - 4” 6’ - 2” of the minimum required 9’ - 8”
interior side tower setback at the north side of the property in order
to build the new construction at 4’ - 4” 3’ - 6” from the north property
line.
5. A variance to waive 11’ - 0” 11’ - 10” of the minimum required sum
of the side yards of 16’ - 0” at the tower level in order to provide a
sum of the side yards of 5’ - 0” 4’-2”.
APPROVED.
D. CONTINUED CASES
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.)
This case was continued at the March 6, 2009 meeting.
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”.
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.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 3, 2009
Page 4 of 6
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.
APPROVED.
5. 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
This case was continued at the March 6, 2009 meeting.
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.
APPROVED.
E. NEW CASES
6. FILE NO. 3410 JOHN AND JENNIFER KUNKEL
1398 BAY DRIVE
LOT 1; BLOCK 14 OF “OCEANSIDE
SECTION ISLE OF NORMANDY”,
PB 25, PG 60;
MIAMI-DADE COUNTY, FLORIDA
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 3, 2009
Page 5 of 6
The applicant is requesting the following after-the-fact variance in order to
retain the existing perimeter masonry fence:
1. An after-the-fact variance to exceed by 1’ - 0 ¼” of the permitted
fence height of 5’ - 0” when located on the property line in order to
retain the perimeter fence height at 6’ - 0 ¼” from grade within the
required front yard, inclusive of the portion of fence on the curved
area of the lot.
CONTINUED FOR THIRTY (30) DAYS ( MAY 8, 2009).
7. FILE NO. 3412 PHANTOM MHI, LLC
2216 PARK AVENUE
THE NORTH 85 FEET OF THE SOUTH 165 FEET
OF BLOCK 1 OF OCEAN FRONT PROPERTY OF
THE MIAMI BEACH IMPROVEMENT COMPANY,
PLAT BOOK 5, PG 7,
MIAMI-DADE COUNTY, FLORIDA
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 the largest hotel unit at 272
s.f. and the smallest at 213 s.f., with an average of 237.3 s.f.
APPROVED.
8. FILE NO. 3413 2201 COLLINS FEE, LLC. d/b/a W HOTEL
2201 COLLINS AVENUE
MIAMI BEACH, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE CONTACT
THE PLANNING DEPT.)
The applicant is requesting the following variances in order to place
signage on the existing hotel:
1. A variance to relocate the allowable main use sign facing the
Ocean to the south of the building, facing 22nd Street, and to
exceed by 70 s.f. its allowable size of 75 s.f. in order to build the
sign with 145 s.f. (Sign A).
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 3, 2009
Page 6 of 6
2. A variance to locate Sign A above sign above the ground floor.
3. A variance to relocate Sign B from 22nd Street to the parapet of the
north elevation, not facing a street.
4. A variance to exceed by 48 s.f. the maximum permitted flat sign
size of 30 s.f. in order to provide a sign of 78 s.f. on the north
elevation, and to locate it above the ground floor (Sign B).
5. A variance to permit an attached accessory use sign facing 22nd
Street with copy “Mr. Chow”, for a restaurant, where a detached
accessory use directory sign is typically permitted (Sign C).
6. A variance to relocate the accessory use sign permitted on the
ocean side with copy “Mr. Chow” to the south elevation, facing 22nd
Street (Sign D).
7. A variance to locate Sign D above the ground floor.
8. A variance to relocate the accessory use sign permitted on the
ocean side with copy “bliss” to the west elevation, facing Collins
Avenue (Sign E).
9. A variance to relocate the accessory use sign permitted on the
ocean side with copy to be determined to the west elevation, facing
Collins Avenue (Sign F).
10. A variance to allow the permitted main use sign along Collins
Avenue to be utilized as an accessory use sign, with copy to be
determined (Sign G).
APPROVED.
F. NEXT MEETING DATE
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\aftAPRIL2009.doc