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PLANNING DEPARTMENT
BOARD OF ADJUSTMENT
AFTER ACTION REPORT
FRIDAY, SEPTEMBER 7, 2007
9:00 A.M.
CITY COMMISSION CHAMBERS, THIRD FLOOR
1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA
A. PROGRESS REPORTS
1. FILE NO. 2684 CLAY HOTEL PARTNERSHIP, LTD.
CHOCOLATE, INC. (TENANT)
506 ESPANOLA WAY a/k/a 1436 DREXEL AVE.
LOTS 1 and 2; BLOCK 4B
ESPANOLA VILLAS FIRST ADDITION
PLAT BOOK 9-147;
MIAMI-DADE COUNTY, FLORIDA
This item was continued from the August 3, 2007 meeting.
The applicant will present a progress report regarding the operation of this
restaurant which obtained a variance on January 8, 1999 to sell/serve
alcoholic beverages within 300 feet of an educational facility (Fisher-
Feinberg Elementary School). The progress report is required to address
a cure letter, dated August 20, 2007, referencing possible violations of the
conditions of the variance order.
PROGRESS REPORT DUE IN 30 DAYS (OCTOBER 5, 2007).
2. 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
BOARD OF ADJUSTMENT AFTER ACTION REPORT
SEPTEMBER 7 2007
Page 2 of 7
This item was continued from the August 3, 2007 meeting.
The applicant will present a progress report regarding the operation of this
restaurant which obtained a variance on March 3, 2006 to build an
accessory outdoor bar counter with extended hours of operation. The
progress report is required to address possible violations of the conditions
of the variance order.
NO FURTHER PROGRESS REPORTS UNLESS NOTICES OF
VIOLATION ARE ISSUED.
3. FILE NO. 3310 CAVAS AT SOUTH BEACH, LLC
437-439 ESPANOLA WAY
ESPANOLA VILLAS 1ST ADDITION
LOTS 1,2,3,4,5,6, EACH LESS S3FT
FOR ST BLK 3
PLAT BOOK 9, PG 147;
MIAMI-DADE COUNTY, FLORIDA
The applicant shall present a progress report in association with a new
restaurant/bar, which received a variance on June 8, 2007 to allow sales
of alcoholic beverages within a distance of 125 feet to an educational
facility.
ESTABLISHMENT HAS NOT OPENED YET FOR BUSINESS.
PROGRESS REPORT ONLY IF WARNINGS OR VIOLATIONS ARE
ISSUED.
B. EXTENSION OF TIME
4. FILE NO. 3186 NEW WORLD DEVELOPERS, LLC
a/k/a REGATTA II
6610-6640 INDIAN CREEK DRIVE
LOTS 24 THRU 27; BLOCK 3
AMENDED PLAT OF SECOND OCEANFRONT SUB.
PLAT BOOK 28-28; 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 seven (7)
story residential multifamily complex over one level of subterranean
parking, which will replace two and four story buildings and one two story
building to be substantially demolished:
A condition of the Order dated April 7, 2006 requires that a building permit
be obtained by October 7, 2007. The applicant is requesting a one (1)
year extension of time to obtain a full building permit by October 7, 2008.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
SEPTEMBER 7 2007
Page 3 of 7
APPROVED.
C. MODIFICATION
5. FILE NO. 2892 KOKOMOJO MIAMI BEACH, INC.
formerly KAREN OLIN, d/b/a/ BOY BAR
1220 NORMANDY DRIVE
LOTS 7 THRU 11 LESS S. 25 FT.; BLOCK 10
OCEANSIDE SECTION ISLE OF NORMANDY
PLAT BOOK 25, PG 60;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a modification to a condition of approval for a
variance which permitted service of liquor in a bar located less than 300
feet from a religious institution. Condition No. 5 of the July 2, 2004
Modification Order restricted business hours of operation from 5:00 p.m. to
5:00 a.m. The applicant is requesting to extend hours of operation with full
alcohol service from 11:00 am to 5:00 a.m.
APPROVED.
D. CONTINUED CASES
6. FILE NO. 3321 CYPRESS BAY DEVELOPMENT, LLC.
1225-1237 20TH STREET
ALL LOTS 23 AND 24 AND THE NORTH 70,000
FEET OF LOTS 25 AND 26 IN BLOCK 15A OF
“ISLAND VIEW ADDITION OF MIAMI BEACH BAY
SHORE COMPANY”,
PLAT BOOK 9, PG 144;
MIAMI-DADE COUNTY, FLORIDA
This case was continued from the August 3, 2007 meeting.
The applicant is requesting the following variances in order to permit the
construction of a new five (5) story mixed-use structure on a vacant lot:
1. A variance to exceed by 2’ - 3” the maximum allowable building
height of 50’ - 0” in order to build a 52’ - 3” tall structure, as
measured from grade (+3.75’ NGVD) to the top of the roof slab.
2. A variance to waive all of the minimum required setback dimension
of 1’ - 6” from the edge of the required interior drive to the face of a
structural column.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
SEPTEMBER 7 2007
Page 4 of 7
APPLICANT REQUESTED 30 DAYS CONTINUANCE (OCTOBER 5,
2007).
7. FILE NO. 3297 88 LA GORCE, LLC.
88 LA GORCE CIRCLE
LOTS 5 AND THE NORTHERLY PORTION OF LOT
6, BLOCK 4 “LA GORCE ISLAND”,
PLAT BOOK 40, PG 7;
MIAMI-DADE COUNTY, FLORIDA
(FOR COMPLETE LEGAL DESCRIPTION PLEASE
CONTACT THE PLANNING DEPT.)
This case has been continued by the Planning Board; therefore, it will not
be heard today.
CONTINUED FOR 30 DAYS (OCTOBER 5, 2007).
E. NEW CASES
8. FILE NO. 3324 TBS REALTY, LLC. AND
TUDOR SOUTH BEACH RESORT/ TUDOR HOTEL
1111 COLLINS AVENUE
MIAMI BEACH, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE CONTACT
THE PLANNING DEPT.)
The applicant is requesting the following variance in order to permit the
construction of a walkway, sitting area and a trash room up to the north lot
line of a property containing a hotel:
1. A variance to waive all of the required interior side pedestal setback
of 5’ - 0” from the north interior property line in order to build an
outdoor area composed of steps, a walkway and a seating area,
and a trash room up to the north property line.
APPROVED.
9. FILE NO. 3325 TBS REALTY, LLC. AND
TUDOR SOUTH BEACH RESORT – NORTH
PALMER HOUSE HOTEL
1119 COLLINS AVENUE
MIAMI BEACH, FLORIDA
(FOR LEGAL DESCRIPTION PLEASE CONTACT
THE PLANNING DEPT.)
BOARD OF ADJUSTMENT AFTER ACTION REPORT
SEPTEMBER 7 2007
Page 5 of 7
The applicant is requesting the following variance in order to permit the
construction of a walkway, sitting area and a trash room up to the south lot
line of a property containing a hotel:
1. A variance to waive all of the required interior side pedestal setback
of 5’ - 0” from the south interior property line in order to build an
outdoor area composed of steps, a walkway and a seating area,
and a trash room up to the south property line.
APPROVED.
10. FILE NO. 3326 ERIC LEJEUNE
140 NORTH HIBISCUS DRIVE
THE EAST 125 FEET OF THE NORTH 76 FEET
OF TRACT K-2, REVISED PLAT OF A PORTION OF
THE RE-SUBDIVISION OF BLOCKS “C” AND “C”OF
HIBISCUS ISLAND, AN ISLAND IN BISCAYNE BAY,
PLAT BOOK 39, PG 66;
MIAMI-DADE COUNTY, FLORIDA.
FORMERLY KNOWN AS LOT 6, BLOCK “K” OF RE-
SUBDIVISION OF BLOCKS “C” AND “D”OF HIBISCUS
ISLAND, AN ISLAND IN BISCAYNE BAY,
PLAT BOOK 34, PG 87;
MIAMI-DADE COUNTY, FLORIDA
.
The applicant is requesting the following variances in order to permit the
construction of a swimming pool and its associated coping within the
required front yard and side yard facing the street of an existing single
family residence:
1. A. A variance to waive 15’ - 0” of the required 20’ - 0” minimum
front setback for a swimming pool and its associated coping
in order to build the waterline at 5’ - 0” from the front (east)
property line, facing E 2nd Court.
B. A variance to waive 16’ - 0” of the required 20’ - 0” minimum
front setback for a swimming pool and its associated coping in
order to build the coping at 4’ - 0” from the front (east) property
line, facing E 2nd Court.
2. A. A variance to waive 5’ - 0” of the required 10’ - 0” minimum side
yard facing the street setback of 10’ - 0” for a swimming pool
and its associated coping in order to build the waterline at 5’ - 0”
from the north property line, facing North Hibiscus Drive.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
SEPTEMBER 7 2007
Page 6 of 7
B. A variance to waive 6’ - 0” of the required 10’ - 0” minimum side
yard facing the street setback of 10’ - 0” for a swimming pool
and its associated coping in order to build the coping at 4’ - 0”
from the north property line, facing North Hibiscus Drive.
APPROVED.
11. FILE NO. 3327 81 WASHINGTON ASSOCIATES, LTD.
81 WASHINGTON AVENUE, 230 1ST STREET
LOTS 20 AND 21, BLOCK 10, OCEAN BEACH
PLATBOOK 2, PG. 38;
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances to permit the
elimination of five (5) existing parking spaces in order to allow the
renovation of the existing structure, incorporating a new restaurant at
ground level, commercial space at the second level and two hotel units,
with kitchenettes at the 3rd level, along with a rooftop deck and the
addition of a new spiral stair at the rear of the existing building:
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 five existing required parking spaces to create outdoor
dining areas and entry canopies.
2. A variance to waive 2’ - 9” of the minimum required 5’ - 0” rear
setback in order to construct a spiral stair at 2’ - 3” from the east
property line, facing the alley.
CONTINUED FOR 30 DAYS (OCTOBER 5, 2007).
12. FILE NO. 3328 ST. PATRICK CHURCH AND SCHOOL
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
The applicant is requesting the following variance in order to permit the
construction of a new single story pre-kindergarten classroom building and
a dumpster enclosure, along with the re-construction of North Meridian
Avenue to include angled, perpendicular, and parallel parking and a
BOARD OF ADJUSTMENT AFTER ACTION REPORT
SEPTEMBER 7 2007
Page 7 of 7
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 and a dumpster
enclosure 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 for dual-use
playfield / auxiliary parking lot.
APPLICANT REQUESTED 60 DAYS CONTINUANCE (NOVEMBER 2,
2007).
F. NEXT MEETING DATE
October 5, 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. F:\PLAN\$zba\AFTERAC\aftSeptember2007.doc