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PPPPLANNING LANNING LANNING LANNING DDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENT
BOARD OF ADJUSTMENT
AFTER ACTION REPORT
FRIDAY, JUNE 6, 2008
9:00 A.M.
CITY COMMISSION CHAMBERS, THIRD FLOOR
1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA
A. PROGRESS REPORT
1. FILE NO. 3291 SOUTH BEACH HEIGHTS I, LLC.
600 ALTON ROAD
LOTS 1 THROUGH 7, INCLUSIVE
AND LOTS 20 THROUGH 32, INCLUSIVE,
BLOCK 2, “AMENDED PLAT
FLEETWOOD SUBDIVISION”
PLAT BOOK 28, PG 34;
MIAMI-DADE COUNTY, FLORIDA
The applicant will present a progress report associated with the approval
of variances granted on August 3, 2007, for directional signage.
NO FURTHER PROGRESS REPORTS UNLESS VIOLATIONS OR
NOTICES OF VIOLATION ARE ISSUED.
B. INTRODUCTION OF NEW OPERATOR
2. FILE NO. 3332 HSS HOLDINGS, LLC d/b/a PRIME SUSHI
726 41ST STREET
LOT 5 OF THE PLAT OF “41ST STREET BLOCK”
PLAT BOOK 40, PG 47;
MIAMI-DADE COUNTY, FLORIDA
HSS Holdings, LLC d/b/a Prime Sushi shall introduce itself to the Board as
the subsequent operator and advise the Board of their understanding of
BOARD OF ADJUSTMENT AFTER ACTION REPORT
JUNE 6, 2008
Page 2 of 9
the conditions listed in the Order regarding a variance to waive the
minimum required distance separation between a business that
sells/serves alcoholic beverages and Beth Israel Congregation, Temple
Beth Shalom School and North Beach Elementary School, which was
originally granted to HSS Holdings, LLC d/b/a as Fusion 41 on November
2, 2007. The new operator shall also describe the current operation.
SUBSEQUENT OPERATOR WAS INTRODUCED TO THE BOARD.
C. EXTENSIONS OF TIME
3. 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 is requesting the following modification to a condition of
approval for variances associated with the construction of a new two (2)
story single family residence:
Condition number 7 of the Order dated October 6, 2006, requires that a
building permit for the project be obtained on or before April 6, 2008,
within eighteen (18) months of the date of the hearing. The applicant is
requesting a six (6) months extension of time to obtain a full building
permit by October 6, 2008.
APPROVED WITH ADDITIONAL CONDITIONS.
4. FILE NO. 3231 RODOLFO QUESADA
624 86TH STREET
LOTS THE WEST 25.07 FT OF LOT 18, BLOCK 12,
SUBDIVISION BISCAYNE BEACH 2ND ADDITION
PLAT BOOK 46, PG39;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following modification to a condition of
approval for variances associated with the construction of a two story
addition to an existing townhouse:
Condition number 5 of the Order dated October 6, 2006, requires that a
building permit for the project be obtained on or before April 6, 2008,
within eighteen (18) months of the date of the hearing. The applicant is
requesting a one (1) year extension of time to obtain a full building permit
by April 6, 2009.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
JUNE 6, 2008
Page 3 of 9
APPROVED.
5. FILE NO. 3245 LINX AT NORMANDY, LLC
165-185 SOUTH SHORE DRIVE
LOT 6, 7, AND 8, BLOCK 56,
NORMANDY GOLF COURSE SUBDIVISION
PLAT BOOK 44, PG 62;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following modification to a condition of
approval for variances associated with the construction of a new four (4)
story multifamily building with twenty-four (24) units:
Condition number 6 of the Order dated October 6, 2006, requires that a
full building permit for the project be obtained on or before April 6, 2008,
within eighteen (18) months of the date of the hearing. The applicant is
requesting a one (1) year extension of time to obtain a full building permit
by April 6, 2009.
APPROVED.
D. MODIFICATION OR REVOCATION
6. FILE NO. 3189 SOUTH BEACH RESORT DEVELOPMENT LLC
1458 OCEAN DRIVE and 1437-1465 COLLINS AVE
LOTS 5,6,11,12 and PORTION OF LOT 10
HARRISON & HAYES SUBDIVISION
PLAT BOOK 9-73;
MIAMI-DADE COUNTY, FLORIDA
The applicant obtained a variance on March 3, 2006 to build an accessory
outdoor bar counter within the Table 8 Restaurant, with extended hours of
operation (until 2:00 a.m.; the City Code only permits operation of an
accessory outdoor bar counter until 8:00 p.m. when adjacent to a property
containing apartment units). A public hearing has been set by the Board
of Adjustment, to consider the issue of noncompliance with the conditions
of approval, and the possible revocation or modification of the approval.
At this hearing, the board may revoke the approval, modify the conditions
thereof, or impose additional or supplemental conditions, based on
substantial and competent evidence.
VARIANCE ISSUED ON MARCH 3, 2006 HAS BEEN REVOKED.
E. CONTINUED CASES
BOARD OF ADJUSTMENT AFTER ACTION REPORT
JUNE 6, 2008
Page 4 of 9
7. FILE NO. 3357 2K SOUTH BEACH HOTEL, LLC.
1020 OCEAN DRIVE
LOT 6, 7, AND 8,BLOCK 15,
OF OCEAN BEACH FLORIDA,
PLAT BOOK 2, PG 56;
MIAMI-DADE COUNTY, FLORIDA
This case was continued at the May 9, 2008 meeting.
The applicant is requesting the following variance in order to permit the
placement of a double-face projecting sign on the south façade facing 10th
Street:
1. A variance to exceed by 43.5 s.f. the maximum allowable projecting
sign size of 15 s.f. in order to place a 58.5 s.f. projecting double-
face vertical sign on the south façade of the building, facing 10th
Street.
APPROVED WITH REVISED SIGN DESIGN.
8. FILE NO. 3358 FONTAINEBLEAU FLORIDA HOTEL, LLC
4441 COLLINS AVENUE
MIAMI BEACH, FLORIDA
(FOR COMPLETE LEGAL DESCRIPTION, PLEASE
CONTACT THE PLANNING DEPT.)
This case was continued at the May 9, 2008 meeting.
The applicant is requesting the following variances in order to place
signage on the site and to build a privacy wall:
1. A variance to exceed by 110 s.f. the maximum allowable flat sign
size of 30 s.f. in order to place a sign of 140 s.f. on an existing wall
at the corner of Collins Avenue and 44th Street.
2. A variance to allow the flat sign to extend above the ground floor.
3. A variance to exceed by 2 s.f. the maximum allowable monument
sign size of 15 s.f in order to place a monument sign with 17 s.f.
facing Collins Avenue facing northbound traffic.
4. A variance to allow the relocation of an allowable sign facing the
oceanfront to be relocated facing Collins Avenue.
5. A variance to exceed by 2 s.f. the maximum allowable monument
sign size of 15 s.f in order to place a monument sign with 17 s.f.
facing Collins Avenue, facing southbound traffic.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
JUNE 6, 2008
Page 5 of 9
Variances 1 thru 5 were approved on May 9, 2008
6. A variance to allow an accessory sign to be relocated from a
detached location to the face of the building.
If variance 6 is granted, then the applicant requests variance 7:
7. A variance to exceed by 28 s.f. the permitted size of an accessory
sign of 20 s.f. in order to place an accessory sign with 48 s.f.
8. A variance to exceed by 2’-0” the maximum allowable fence height
of 5’-0” when located on the property line and facing a public right-
of-way, in order to build a wall 7’-0” in height.
Variance 8 was approved on May 9, 2008
VARIANCES NO. 6 AND NO. 7 WERE APPROVED ON JUNE 6, 2008.
VARIANCES NOS. 1 – 5, AND VARIANCE NO. 8 WERE APPROVED
ON MAY 9, 2008.
F. NEW CASES
9. FILE NO. 3349 ALAN LIEBERMAN
318 20TH STREET
LOTS 1,2 & 3, BLOCK “F” OF
“MIAMI BEACH IMPROVEMENTCO. SUB.”
PLAT BOOK 5, PG 7;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to renovate the
existing 3-story hotel and the construction of a new 4-story hotel structure:
Variance for existing structure:
1. A variance to waive the requirement of 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 renovate the existing
units and to retain the unit size in the range between 210 s.f. and
271 s.f. (their existing size).
Variances for the new structure:
2. A variance to waive 9’-0” of the minimum required driveway width of
22’-0” in order to build a driveway with a width of 13’-0”.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
JUNE 6, 2008
Page 6 of 9
3. A variance to waive the requirement to provide one (1) loading
space.
4. A variance to waive a range between 8” and 2’-0” of the minimum
required side facing the street pedestal setback of 12’-0” in order to
build the new structure at 11’-4” and at 10’-0” from the east property
line, facing Liberty Avenue.
5. A variance to exceed the maximum allowable projection of 2’-6” into
the required side yard facing the street in order to build balconies
projecting 4’-0” into the required side yard, facing Liberty Avenue.
6. A variance to waive 9’-3” of the required sum of the side yards of
24’-0” in order to provide a sum of the side yards of 14’-9”.
7. A variance to waive 3’-0” of the minimum required rear yard
pedestal setback of 12’-0” in order to build the new structure at 9’-6”
from the rear (south) property line.
APPROVED.
10. FILE NO.3361 GUSTAVO MARCELO TENENBAUM
4705 N. MICHIGAN AVENUE
LOT 1, BLOCK 13 OF:
“NAUTILUS ADDITION”
PLAT BOOK 8, PG 130;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a swimming pool and its associated deck within the front
yard of an existing single family residence:
1. A variance to waive 10’-9” and 7’-9” of the required 20’-0” minimum
front setback for a swimming pool and its associated deck in order
to build the deck at 9’-3” and the water’s edge at 12’-3” from the
front (south) property line, facing 47th Street.
APPROVED.
11. FILE NO. 3362 FONTAINEBLEAU FLORIDA HOTEL, LLC
4441 COLLINS AVENUE
MIAMI BEACH, FLORIDA
(FOR COMPLETE LEGAL DESCRIPTION, PLEASE
CONTACT THE PLANNING DEPT.)
The applicant is requesting the following After-the-Fact variances in order
to retain the new one-story structure, as the original nonconforming
BOARD OF ADJUSTMENT AFTER ACTION REPORT
JUNE 6, 2008
Page 7 of 9
structure was completely demolished:
1. A variance to waive the section of the code that limits individual
structures to a maximum of 400 s.f., in order to retain the existing
structure within the Dune Overlay District of 2,108 s.f. (The total
non-permeable area within the Dune Overlay District is 11,469 s.f. ,
which complies with the maximum permitted coverage)
2. A variance to exceed by 1’-0” the maximum permitted building
height of 12’-0” in order to retain the existing building height at 13’-
0”.
3. A variance to permit the use of non-wood materials within the Dune
Overlay District in order to retain the existing concrete structure.
4. A variance to waive all of the required 10’-0” setback from the
bulkhead line in order to retain the existing structure up to and
beyond the bulkhead line.
APPROVED.
12. FILE NO.3363 MICHAEL AND ELISHEVA ROGOFF
5223 NORTH BAY ROAD
LOT 7, BLOCK 17, LA GORCE
GOLF SUBDIVISION
PLAT BOOK 14, PG 43;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to build a
swimming pool in the rear yard of a lot with an existing two-story single
family residence:
1. A. A variance to waive 1’-0” of the minimum required rear yard
setback of 6’-0” in order to build a swimming pool coping at 5’-0” from the
rear property line.
B. A variance to waive 2’-0” of the minimum required rear yard
setback of 7’-6” in order to build the waterline of the swimming pool at 5’-
6” from the rear property line.
APPROVED.
13. FILE NO.3364 ANTHONY SEIJAS
3040 PRAIRIE AVENUE
LOT 9, BLOCK 4, FIRST ADDITION
TO MID GOLF SUBDIVISION
PLAT BOOK 7, PG 161;
BOARD OF ADJUSTMENT AFTER ACTION REPORT
JUNE 6, 2008
Page 8 of 9
MIAMI-DADE COUNTY, FLORIDA
AND A PORTION OF LOT 10, BLOCK 4,
AS THE AFOREDESCRIBED SUBDIVISION
(FOR COMPLETE LEGAL DESCRIPTION
PLEASE CONTACT THE PLANNING DEPT.)
The applicant is requesting the following variance in order to build a
screened pool enclosure at the rear of an existing two-story single family
residence:
1. A variance to exceed by 24% (361 s.f.) the maximum allowable rear
yard coverage of 30% (442 s.f.) in order to build a screened pool
enclosure attached to the rear façade of the existing residence,
generating a coverage of 54% (803 s.f.) within the required rear
yard.
APPROVED.
14. FILE NO. 3366 760 COLLINS ASSOCIATES, LTD.
760 COLLINS AVENUE
LOT 1, BLOCK 33,
OCEAN BEACH FLA., ADDITION NO. 1,
PLAT BOOK 3, PG 11;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance to permit the elimination
of four (4) existing parking spaces in order to allow the construction of a
new structure:
1. A variance to waive Section 130-35 that requires that no existing
required parking space may be eliminated for any use in order to
eliminate the four existing required parking spaces to build a new
structure.
CONTINUED FOR 30 DAYS (JULY 11, 2008).
15. FILE NO. 3367 SEVEN HUNDRED REALTY CORP.
1646 EUCLID AVENUE
LOT 1 AND 2, BLOCK 50,
ALTON BEACH REALTY COMPANY
SECOND COMMERCIAL SUBDIVISION
PLAT BOOK 6, PG 33;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to build a new
two-story addition to an existing two-story commercial building:
BOARD OF ADJUSTMENT AFTER ACTION REPORT
JUNE 6, 2008
Page 9 of 9
1. A variance to waive all of the minimum required rear yard pedestal
setback of 5’-0” in order to build a two-story addition up to the rear
property line.
APPROVED WITH ADDITIONAL CONDITION.
G. NEXT MEETING DATE
July 11, 2008
NOTE: THERE WERE NO CASES SCHEDULED FOR THE FLOOD
PLAIN MANAGEMENT BOARD.
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\aftJUNE2008.doc