HomeMy WebLinkAboutBOA 20060106CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
PLANNING DEPARTMENT Telephone 305-673-7550
Facsimile 305-673-7559
BOARD OF ADJUSTMENT
AFTER ACTION
FRIDAY, JANUARY 6, 2006 – 9:00 A.M.
City Hall – Commission Chambers, Third Floor
1700 Convention Center Drive, Miami Beach, Florida
A. INTRODUCTION OF PROPOSED NEW TENANT
1. FILE NO. 2684 CLAY HOTEL PARTNERSHIP, LTD.
506 ESPANOLA WAY (a/k/a 1436 Drexel Avenue)
The applicant will introduce a prospective new tenant to the Board members
and will also update the Board 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).
Progress Report due 60 days after obtaining an occupational license.
B. AMENDMENT
2. FILE NO. 2881 1229 PARTNERS, LLC
1778-1784 WEST AVENUE
This case is continued from the meetings of July 1, August 5, September
2, November 4 and December 2, 2005.
The applicant is requesting a modification to a previously approved variance
associated with the construction of a new storage warehouse. The
September 6, 2002 Final Order and associated recorded restrictive covenant
limits the building to storage warehouse use only. The applicant is requesting
to be allowed to have wholesale sales use, and administrative functions
accessory and ancillary to the storage warehouse use.
Continued to February 3, 2006.
BOARD OF ADJUSTMENT AGENDA JANUARY 6,
2006
Page 2 of 8
C. EXTENSIONS OF TIME
3. FILE NO. 3074 FIRST OCEAN RESIDENCE REALTY, LLC
1475 COLLINS AVENUE
The applicant is requesting a modification to a condition of approval for a
variance associated with the construction of a new four-story, twenty-four (24)
unit residential condominium apartment building:
Condition number 3 of the January 7, 2005 Order requires that a building
permit be issued by January 7, 2006 and for the project to be completed by
January 7, 2007. The applicant is requesting a one (1) year extension of time
to obtain a building permit by January 7, 2007 and to complete the project by
January 7, 2008.
Approved.
4. FILE NO. 3067 ITALBUILDING INC.
8021 HARDING AVENUE
The applicant is requesting a modification to a condition of approval for a
variance associated with the construction of a new four-story five (5) unit
residential building:
Condition number 4 of the January 7, 2005 Order requires that a building
permit be issued by January 7, 2006 and for the project to be completed by
January 7, 2007. The applicant is requesting a one (1) year extension of time
to obtain a building permit by January 7, 2007 and to complete the project by
January 7, 2008.
Approved.
5. FILE NO. 3065 535 WEST AVENUE, LLC
500-550 ALTON ROAD and
517-547 WEST AVENUE
The applicant is requesting a modification to a condition of approval for a
variance associated with the construction of a new seven-story mixed use
building:
Condition number 8 of the December 3, 2004 Order requires that a building
permit be issued by December 3, 2005 and for the project to be completed by
December 3, 2006. The applicant is requesting a one (1) year extension of
time to obtain a building permit by December 3, 2006 and to complete the
project by December 3, 2007.
Approved.
BOARD OF ADJUSTMENT AGENDA JANUARY 6,
2006
Page 3 of 8
D. CONTINUED CASES
6. FILE NO. 3149 PEDRO and OLGA ADRIAN
198 PALM AVENUE
This case is continued from the meetings of November 4 and December 2,
2005.
The applicant is requesting the following variances in order to construct a new
two story single family residence:
1. A variance to waive 10’ - 0” of the minimum required front yard setback
of 20’ - 0” in order to build a two story accessory structure at 10’ - 0”
from the front property line.
Continued to the March, 2006 meeting.
7. FILE NO. 3156 DECO BEACH INNS, LTD.
Re: 1817, 1831 and 1835 JAMES AVENUE
This case is continued from the meeting of December 2, 2005.
The applicant is appealing an administrative decision of the Planning
Director, regarding the applicability of Section 118-398 of the City Code to
an approved rooftop addition at the subject address.
Withdrawn.
E. NEW CASES
8. FILE NO. 3153 100 OCEAN DRIVE LAND, LLC d/b/a APPLE HOTEL
100 OCEAN DRIVE
The applicant is requesting the following variances in order construct a new
three (3) story, sixteen (16) unit hotel:
1. A variance to exceed by 9’ - 0” the requirement for the pedestal front
setback to be a minimum and a maximum of 5’ - 0” in order to provide
a front pedestal setback of 14’ - 0” from the east property line.
BOARD OF ADJUSTMENT AGENDA JANUARY 6,
2006
Page 4 of 8
2. A variance to waive 1’ - 0” of the requirement for the side facing a
street pedestal setback to be a minimum and a maximum of 5’ - 0” in
order to provide a pedestal at 4’ - 0” from the south property line.
3. A variance to waive 6’ – 6” of the minimum required rear yard pedestal
setback of 11’ – 6” in order to construct a new hotel building 5‘ – 0”
from the west property line.
4. A variance to exceed the maximum allowable projection into the
required yard with balconies and an ornamental feature projecting into
the required side yard facing the street (1st Street) to the south of the
property as follows:
A. To exceed by 3’ - 0” the maximum allowable projection of 1’ - 0”
into the required yard with balconies projecting 4’ - 0” (100%) into the
required side yard facing the street (1st Street).
B. To exceed by 2’ - 3” the maximum allowable projection of 1’ - 3”
for an ornamental feature to provide a projection of 3’ - 6” into the
required side yard facing the street (1st Street).
5. A variance to exceed by 1’ - 9” the maximum allowable projection of
1’ - 3” into the required yard with balconies projecting 3’ - 0” into the
required rear yard on the west side of the property.
Approved.
9. FILE NO. 3164 MICHAEL J. MIARECKI
5238 ALTON ROAD
The applicant is requesting the following variance in order to permit the
construction of two, one (1) story additions to an existing two story single
family residence:
1. A variance to waive 15’ - 0” of the minimum required rear yard setback
of 20’ - 0” in order to provide 5’ - 0” from the west property line to the
rear wall of the north and south one story additions, following an
existing two story building line.
Approved.
10. FILE NO. 3165 KEY EDEN ROC GENERAL PARTNER, INC.
d/b/a EDEN ROC HOTEL
4525 COLLINS AVENUE
The applicant is requesting the following variances in order to permit the
construction of a new twenty-one (21) story hotel tower on the south portion
BOARD OF ADJUSTMENT AGENDA JANUARY 6,
2006
Page 5 of 8
of the property and the renovation of the existing 14 story hotel.
1. A variance to waive 16’ - 7” of the required rear yard pedestal setback
of 123’ - 4” in order provide 106’ - 10” from the ECL to the edge of the
new pool deck and new guestrooms at the pedestal levels and to
waive 44’ - 4” of the required rear yard pedestal of 123’ - 4” in order to
provide 79’ - 0” from the ECL to the edge of the access stairs of the
new pool deck.
2. A variance to waive 12’ - 0” of the minimum required rear yard setback
of 50’ - 0” for oceanfront lots in order to provide a pool deck at 38’ - 0”
from the bulkhead line.
3. A variance to exceed by 6’ - 6” the maximum permitted height of a
deck of 2’ - 6” above the top of the dune in order to provide a pool
deck at 9’-0” above the top of the dune.
4. A variance to waive all of the required 28’ - 0” interior side yard
setback in order to provide 0’ - 0” from the south property line to the
south face of the pedestal.
5. A variance to waive all of the required 56’ - 0” sum of the pedestal side
yards setback in order to build the pedestal at 0’ - 0” from the south
property line.
6. A variance to waive all of the required tower interior side setback of
43’ - 0” in order to build the tower at 0’ - 0” from the south property line.
7. A variance to exceed the maximum allowable stacking of two vehicles
within a valet parking garage in order to provide triple stacking of
vehicles.
8. A variance to waive all the four (4) required off-street loading spaces.
Approved.
11. FILE NO. 3166 RIVO ALTO LLC
310 E. RIVO ALTO DRIVE
The applicant is requesting the following variances in order to permit the
construction of a one (1) story addition at the northeast portion of an existing
one story single family residence and a swimming pool and its associated
deck on the west side of the property:
1. A variance to waive 1’ – 8 1/2” of the minimum required side yard
facing the street setback of 15’ - 0” in order to provide 13’ – 3 1/2” from
the east property line to the one story addition.
BOARD OF ADJUSTMENT AGENDA JANUARY 6,
2006
Page 6 of 8
2. A variance to waive 4’ - 9 1/8” of the minimum required rear yard
setback of 20’ - 0” in order to provide 15’ – 2 7/8” from the north
property line to the rear wall of the one story addition, following an
existing building line.
3. A. A variance to waive 1’ - 11” of the minimum required setback of
7’ - 6” from the interior west property line to the edge of the
pool deck in order to build the pool deck at 5’ - 7” from the
interior lot line.
B. A variance to waive 1’ - 6” of the minimum required setback of
9’ - 0” from the interior west property line to the water’s edge in
order to build a swimming pool at 7’ - 6” from the interior lot line.
Approved.
12. FILE NO. 3167 FONTAINEBLEAU FLORIDA HOTEL, LLC a foreign LLC
FONTAINEBLEAU FLORIDA TOWER 4, LLC a Fla. LLC
a/k/a THE FONTAINEBLEAU, 4441 COLLINS AVENUE
The applicant is requesting the following variances in order to permit the
complete demolition of the existing north tower and the construction of a new
twenty-one (21) story hotel tower on the north portion of the property.
1. A variance to waive 45’ - 5” of the required rear yard pedestal setback
of 127’ - 0” in order provide 81’ - 7” from the ECL to the edge of the
pedestal.
2. A variance to waive all of the minimum required rear yard setback of
50’ - 0” for oceanfront lots in order to provide a pool deck at 0’ - 0” from
the bulkhead line.
3. A variance to exceed by 17’ - 0” the maximum permitted height of
30’ - 0” of any habitable space above grade in order to provide meeting
room spaces and a pool deck at 50’ - 0” above grade.
4. A variance to waive all of the required 86’ - 0” interior side yard
pedestal setback in order to provide 0’ - 0” from the north property line
to the north face of the pedestal.
5. A variance to waive all of the required 172’ – 0” sum of the pedestal
side yards setback in order to build the pedestal at 0’ - 0” from the
north property line.
6. A variance to waive all of the required tower interior side yard setback
of 101’ - 0” in order to build the tower at 0’ - 0” from the north property
line.
BOARD OF ADJUSTMENT AGENDA JANUARY 6,
2006
Page 7 of 8
7. A variance to exceed the maximum allowable stacking of two vehicles
within a valet parking garage in order to provide triple stacking of
vehicles.
8. A variance to waive all the four (4) required off-street loading spaces.
9. A variance to waive the requirement of pitched roofs to only be
comprised of barrel or cement tile so as to build a metal roof on the
dome roof of the proposed Tropigala Theater prior to the approval of
this roof finish by the Historic Preservation Board.
10. A variance to exceed by 10’ - 0” the maximum permitted height of
200’ - 0” in order to build accessory restrooms required for the
proposed rooftop pool deck producing a 210’ - 0” high building.
Continued to February 3, 2006.
13. FILE NO. 3168 DARRAH & BRIAN GILDERMAN
1205 N. BISCAYNE POINT ROAD
The applicant is requesting the following variance in order to permit the
construction of a one (1) story addition at the southwest portion of an existing
one story single family residence:
1. A variance to waive 5’ - 0” of the minimum required front yard setback
of 20’ - 0” in order to provide 15’ – 0” from the south property line to
the one story addition.
Approved.
14. FILE NO. 3169 PROJECT DEVELOPMENT, LLC
a/k/a W WINE BOUTIQUE
1328 ALTON ROAD
The applicant is requesting the following variance in order to sell alcoholic
beverages for consumption off the premises.
1. A variance to waive 178.5’ 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,
A to Z for Kids, Inc. in order to sell alcoholic beverages for
consumption off the premises with a distance of 121.5’ to the
school.
Approved.
BOARD OF ADJUSTMENT AGENDA JANUARY 6,
2006
Page 8 of 8
F. NEXT MEETING DATE
February 3, 2006
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