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PLANNING DEPARTMENT
BOARD OF ADJUSTMENT
AFTER ACTION REPORT
MONDAY, APRIL 2, 2007
9:00 A.M.
CITY COMMISSION CHAMBERS, THIRD FLOOR
1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA
A. EXTENSIONS OF TIME
1. FILE NO. 2932 JUST AROUND THE CORNER, LLC;
4 B's REALTY COLLINS AVE., LLC;
POP DEVELOPMENT, LLC
205-237 20TH ST.; 2000-2038 COLLINS AVE.;
220-21ST STREET
LOTS 1,2,3,4 and LOTS 6 and 8; BLOCK C
AMENDED MAP OF THE OCEAN FRONT PROPERTY
OF THE MIAMI BEACH IMPROVEMENT CO.
SUBDIVISION, PLAT BOOK 5 , PG 7;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following modification to a condition of
approval for variances associated with the construction of a six (6) story
mixed-use building with ground floor commercial uses, 53 residential units
and parking garage which will connect to the existing five (5) story valet
garage:
Condition number 10 of the Order dated April 4, 2003, required that the
project be completed by April 4, 2005. On May 7, 2004, the applicant
requested and was granted, a one (1) year extension of time to complete
the project by April 4, 2006. On March 3, 2006, the applicant requested a
two (2) year extension of time to complete the project by April 4, 2008;
however, the Board of Adjustment granted a one (1) year extension to
complete the project by April 4, 2007, and should an additional year be
necessary, the applicant shall be permitted to apply for that extension prior
to the April 4, 2007 expiration date. The applicant is hereby requesting a
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 2, 2007
Page 2 of 9
two (2) year extension of time to complete the project by April 4, 2009.
APPROVED. IF NOTICES OF VIOLATION ARE ISSUED, PROGRESS
REPORT SHALL BE PRESENTED.
2. FILE NO. 3007 JEFFREY MILLER
115-125 E. SAN MARINO
THE NORTH 55 FT. OF LOT 9 AND THE
SOUTH 5 FT. OF LOT 10,
AND THE NORTH 55' OF LOT 10 AND
ALSO ALL OF LOT 11;
BLOCK 4 SAN MARINO ISLAND;
PLAT BOOK 9 – PAGE 22,
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following modification to a condition of
approval for variances associated with the retention of a single family
home and a new two-story detached guest quarters structure:
Condition number 4 of the Order dated May 7, 2004 and June 4, 2004,
requires that the project be completed by June 4, 2006. The applicant is
requesting a one (1) year extension of time to complete the project by
June 4, 2007.
APPROVED.
3. FILE NO. 3118 NORMANDY SHORES, LLC
25-135 N. SHORE DRIVE
LOTS 8 and 9; BLOCK 57
NORMANDY GOLF COURSE SUBDIVISION
PLAT BOOK 40 PG 36;
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, forty-three (43) unit apartment complex:
A condition of the Order dated October 7, 2005 requires that a building
permit be obtained by April 7, 2007. The applicant is requesting a one (1)
year extension of time to obtain a full building permit by April 7, 2008.
SIX (6) MONTHS EXTENSION OF TIME GRANTED.
4. FILE NO. 3121 ARTECITY PLAZA, LLC
2160 PARK AVENUE
LOT 4 LESS SLY 50 FT.
OCEAN PARK SUBDIVISION
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 2, 2007
Page 3 of 9
PLAT BOOK 41 PG 50;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following modification to a condition of
approval for variances associated with the rehabilitation and renovation of
an existing apartment building and the addition of ground floor retail
space:
A condition of the Order dated August 5, 2005 requires that a building
permit be obtained by February 5, 2007. The applicant is requesting a
one (1) year extension of time to obtain a full building permit by February
5, 2008.
SIX (6) MONTHS EXTENSION OF TIME GRANTED,
5. FILE NO. 3151 FONTAINEBLEAU FLORIDA HOTEL, LLC
a/k/a THE FONTAINEBLEAU SOUTH PARKING LOT
4360 and 4370 COLLINS AVENUE
LOTS 1 and 2; BLOCK 40 & S. 4.55 FT. OF
UNNUMBERED TR DESIGNATED AS JH
SNOWDEN LYG N. & ADJ TOLOT 1, BLOCK 40 &
TRS OPP SAME FACING INDIAN CREEK DR.;
MIAMI BEACH IMP. CO. SUBDIVISION
PLAT BOOK 5, PG 8;
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 six (6)
level, 748 space parking garage:
A condition of the Order dated November 4, 2005 requires that a building
permit be obtained by May 4, 2007. The applicant is requesting a one (1)
year extension of time to obtain a full building permit by May 4, 2008.
SIX (6) MONTHS EXTENSION OF TIME GRANTED.
B. MODIFICATION AND NEW VARIANCE
6. FILE NO. 3009 CENTURIAN COLLINS AVENUE, LLC
a/k/a THE ANKARA
currently, The Creek Hotel (former applicant: Ken
Fields) 2360 COLLINS AVENUE
BLOCK 3 OF AMENDED PLAT OF OCEANFRONT
PROPERTY OF THE MIAMI BEACH IMP. CO.
SUBDIVISION PLAT BOOK 8-7; MIAMI-DADE
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 2, 2007
Page 4 of 9
COUNTY, FLORIDA (complete legal description on
file in the Planning Department)
The applicant is requesting a modification to the approved site plans,
which are a result of changing the proposed use from apartment to hotel,
and reducing the number of stories from eight (8) to seven (7). The
modification requires a new variance:
1. A variance to exceed by 12 the number of hotel units allowed to be
between 300-335 square feet (30 hotel units or 15% of all hotel
units) in order to provide 42 hotel units (22%) between 300-335
square feet within the existing hotel area.
APPROVED. PROGRESS REPORT DUE IN 30 DAYS (MAY 4, 2007).
7. 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 the previously granted variances and a new variance
associated with the construction of a new two (2) story single family
residence:
Modification Request:
A condition of the Order dated October 6, 2006 requires that the maximum
building height be limited to twenty-five (25) feet above grade, as defined
by the Code of the City of Miami Beach. The applicant is requesting to
modify Condition number 1 of the final Order to allow the maximum
building height to be twenty-eight feet and four inches (28’-4”) above
grade.
New Variance Request:
1. A variance to waive 10’ - 0” the required front yard setback of 20’ -
0” in order to build steps leading up to the front porch, located at 10’
- 0” from the south property line.
APPROVED.
C. NEW CASES
8. FILE NO. 3289 FRANCISCO SARRIA AND RICARDO SARRIA
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 2, 2007
Page 5 of 9
56 PALM AVENUE
LOT 32, BLOCK 1 OF PALM ISLAND,
PLAT BOOK 6, PG 54;
MIAMI-DADE COUNTY, FLORIDA,
TOGETHER WITH ATRACT OF LAND 20 FEET
WIDE ADJOINING AND ABUTTING TO THE
SEAWARD SIDE OF SAID BLOCK 1 OF PALM
ISLAND, PLAT BOOK 6, PG 54;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following After-the-Fact variance in order
to permit the retention of a vessel that projects into the required seaward
side yard setback of an existing residential property:
1. A variance to waive all of the required seaward side yard setback of
7’ - 6” from an interior property line in order to retain a vessel
docked with no setback (and encroaching into the adjacent lot to
the west) from the west property line.
APPROVED.
9. FILE NO. 3290 RICARDO SARRIA
64 PALM AVENUE
LOT 33 AND 20 FOOT ADJACENT STRIP IN THE
BAY, BLOCK 1, PALM ISLAND,
PLAT BOOK 6, PG 54;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following After-the-Fact variance in order
to permit the retention of a vessel that projects into the required seaward
side yard setback of an existing residential property:
1. A variance to waive all of the required seaward side yard setback of
7’ - 6” from an interior property line in order to retain a vessel
docked with no setback (and encroaching into the adjacent lot to
the east) from the east property line.
APPROVED.
10. 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
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 2, 2007
Page 6 of 9
(FOR COMPLETE LEGAL DESCRIPTION
PLEASE CONTACT THE PLANNING DEPT.)
The applicant is requesting the following variances in order to exceed the
maximum permitted size for directional signs and the maximum height for
a detached (monument) sign:
1. A variance to exceed by 7 square feet the maximum allowable
directional sign size of 2 square feet in order to provide a directional
sign with 9 square feet facing 6th Street (labeled 12 on sheet D-02).
2. A variance to exceed by 12 square feet the maximum allowable
directional sign size of 2 square feet in order to provide a directional
sign with 14 square feet facing Alton Road (labeled 7 on sheet D-
03).
3. A variance to exceed by 2 square feet the maximum allowable
directional sign size of 2 square feet in order to provide a directional
sign with 4 square feet facing West Avenue (labeled 8 on sheet D-
04).
4. A variance to exceed by 7 square feet the maximum allowable
directional sign size of 2 square feet in order to provide a directional
sign with 9 square feet facing West Avenue (labeled 10 on sheet D-
04).
5. A variance to exceed by 7 square feet the maximum allowable
directional sign size of 2 square feet in order to provide a directional
sign with 9 square feet facing the parking lot (labeled 13 on sheet
D-04).
6. A variance to exceed by 1’ - 0” of the maximum allowable height of
4’ - 0” for a detached sign in order to provide a detached sign with
5’ - 0” in height facing West Avenue (labeled 11 on sheet D-04).
7. A variance to waive x’ of the minimum setback of 10’-0” for
detached signs in order to provide a detached sign at x’ from the
west property line (labeled 11 on sheet D-01).
Variance number 7 withdrawn by applicant
CONTINUED FOR 30 DAYS (MAY 4, 2007).
11. FILE NO. 3292 DR. ANTONIO AND VIRGINIA MARQUEZ
220 WEST DILIDO DRIVE
LOT 9 AND 8 FOOT CONTIGUOS STRIP
ON WEST SIDE, BLOCK 2 “DILIDO ISLAND”
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 2, 2007
Page 7 of 9
PLAT BOOK 8, PG 36;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of an exterior stair to the roof deck of an existing two-story
residence:
1. A variance to waive 1’ - 0” of the minimum required interior side
yard setback of 7’ - 6” in order to build an exterior stair at 6’ - 6”
from the north property line.
CONTINUED FOR 30 DAYS (MAY 4, 2007).
12. FILE NO. 3293 SAVOY HOTEL PARTNERS, LLC.
425-455 OCEAN DRIVE
MIAMI BEACH, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE
CONTACT THE PLANNING DEPT.)
The applicant requested continuance to the May 4, 2007 meeting.
13. FILE NO. 3294 MATHIEU ROCHETTE
520 EAST DILIDO DRIVE
LOT 4, OF BLOCK 12, OF “DILIDO”
PLAT BOOK 8, PG 36;
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’ - 0” of the required 20’ - 0” minimum front
setback for a swimming pool and its associated deck in order to
build the deck at 10’ - 0” from the front (north) property line.
APPROVED.
14. FILE NO. 3296 WHILHELM A. STEIN AND RINA STEIN
540 WEST 37TH STREET
LOT 12, BLOCK 49 OF ORCHARD
SUBDIVISION NO. 2 AND 3,
PLAT BOOK 8, PG 116;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following After-the-Fact variances in order
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 2, 2007
Page 8 of 9
to permit the retention of a generator along with its electric switch located
within the required front yard, the retention of the existing pool deck and a
walkway along the north and south sides of a property with a two-story
residence:
1. A variance to waive a range between 2’-0” and 5’-0” of the required
front yard setback of 20’-0” in order to retain an existing generator
at 18’-0” from the front (west) property line and its electric switch at
15’-0” from the front (west) property line.
2. A variance to waive 4’-6” of the required interior side yard setback
of 7’-6” for a pool deck in order to retain the south portion of the
pool deck at 3’-0” from the south property line.
3. A variance to waive 3’-4” of the required rear yard setback of 6’-0”
for a pool deck in order to retain the east portion of the pool deck at
2’-8” from the east property line.
4. A variance to waive 5’-0” of the required side yard facing the street
setback of 10’-0” for a pool deck in order to retain the north portion
of the pool deck at 5’-0” from the north property line.
5. A variance to exceed by 8” the maximum walkway width of 3’-0” in
order to retain a walkway with a width of 3’-8” along the south side
of the property.
6. A variance to exceed by 4’-0” the maximum walkway width of 3’-0”
in order to retain a walkway with a width of 7’-0” along the north
side of the property.
CONTINUED FOR 30 DAYS (MAY 4, 2007).
15. FILE NO. 3298 619 MERIDIAN, LLC.
619 MERIDIAN AVENUE
LOT 11, BLOCK 58,
SUBDIVISION OCEAN BEACH FLA.,
ADDITION NO. 3,
PLAT BOOK 2, PG 81;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of two (2) new three-story multifamily buildings on a vacant
lot:
1. A variance to waive a range between 6” and 2’ - 6” of the required
interior side yard pedestal setback of 7’ - 6” in order to build the
BOARD OF ADJUSTMENT AFTER ACTION REPORT
APRIL 2, 2007
Page 9 of 9
front building at 7’ - 0” from the north property line and the rear
building at 5’ - 0” from the north property line.
2. A variance to waive 2’ - 6” of the required interior side yard pedestal
setback of 7’ - 6” in order to build the two new buildings at 5’ - 0”
from the south property line.
3. A variance to waive 9’ - 0” of the required rear yard setback of 14’ -
0” in order to build the pedestal level at 5’ - 0” from the rear
property line.
4. A variance to exceed by 4’ - 0” the maximum walkway width of 3’ -
0” in order to build a walkway with a width of 7’ - 0” within the
required front yard setback.
5. A variance to exceed by 2’ - 0” the maximum walkway width of 3’ -
0” in order to build a walkway with a width of 5’ - 0” within the
required north interior side yard.
6. A variance to exceed by 2’ - 0” the maximum walkway width of 3’ -
0” in order to build a walkway with a width of 5’ - 0” within the
required south interior side yard.
CONTINUED FOR 30 DAYS (MAY 4, 2007).
D. NEXT MEETING DATE
May 4, 2007
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.
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