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PLANNING DEPARTMENT
BOARD OF ADJUSTMENT
AFTER ACTION REPORT
FRIDAY, DECEMBER 8, 2006
9:00 A.M.
CITY COMMISSION CHAMBERS, THIRD FLOOR
1700 CONVENTION CENTER DR., MIAMI BEACH, FLORIDA
A. PROGRESS REPORTS
1. FILE NO. 2881 1229 PARTNERS, LLC
17781784 WEST AVENUE
LOT 5; BLOCK 16A; ISLAND VIEW SUBDIVISION
PB 6115; MIAMIDADE COUNTY, FLORIDA
The applicant will present a progress report in association with this
operation which received a variance on September 6, 2002 in order to
waive the required side yard setback facing a street in order to allow the
construction of this storage warehouse.
PROGRESS REPORT DUE IN 60 DAYS (FEBRUARY 2, 2007), UNLESS A
C.O. IS ISSUED,
2. FILE NO. 3247 PARK ISLE ASSOCIATES, LLC
7251 WAYNE AVENUE
TRACK “A”
PARKVIEW ISLAND SUBDIVISION
PLAT BOOK 60, PG 6;
MIAMIDADE COUNTY, FLORIDA
The applicant shall present a progress report in association with the
renovation of five (5) twostory residential building, which received
variances on September 8, 2006.
The applicant is requesting continuance to the January 5, 2007 meeting.
CONTINUED TO JANUARY 5, 2007.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 2 of 10
B. CONTINUED CASES
3. FILE NO. 2921 TAPAS & TINTOS, INC. (formerly KIU, LLC.)
448 ESPANOLA WAY
LOTS 1 TO 6 LESS N. E FT.; BLOCK 3B,
FIRST ADDITION TO WHITEMAN’S SUBDIVISION
OF ESPANOLA VILLAS,
PLAT BOOK 9, PG 147;
MIAMIDADE COUNTY, FLORIDA
This case was continued from the November 1, 2006 meeting.
The applicant is requesting a modification of a previously approved
variance, granted on January 10, 2003. The applicant is proposing to
enlarge the restaurant space with a coffee bar to the east side of the
existing restaurant.
The applicant is requesting the following variance in order to sell/serve
beer and wine and liquor at a restaurant and to permit the sale of alcoholic
beverages (specifically wine) as package goods for consumption off the
premises:
1. A variance to waive 220 feet of the minimum required 300 foot
separation between a business that sells/serves alcoholic
beverages for consumption and an existing educational facility,
FisherFeinberg Elementary School, in order to sell/serve alcoholic
beverages for consumption within a new restaurant with a distance
of 80 feet to the school.
APPROVED WITH ADDITIONAL CONDITIONS. PROGRESS REPORT IF
THERE ARE ANY VIOLATIONS OR WARNINGS.
4. 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;
MIAMIDADE COUNTY, FLORIDA
This case was continued from the November 1, 2006 meeting.
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. 10 of the September 6,
2002 Final Order prohibited the establishment from becoming a nightclub
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 3 of 10
use. The applicant requests to modify this condition to permit live
entertainment.
APPROVED WITH ADDITIONAL CONDITIONS.
5. FILE NO. 3022 801 WASHINGTON, LLC
801817 WASHINGTON AVENUE
LOTS 9 AND 10; BLOCK 32
OCEAN BEACH FLA. ADDITION NO. 1
PLAT BOOK 3, PG 11;
MIAMIDADE COUNTY, FLORIDA
This case was continued from the November 1, 2006 meeting.
The applicant is requesting a modification to the approved site plans to
construct a twostory mixeduse addition to an existing commercial
building. The modification does not require any new variance.
APPROVED WITH ADDITIONAL CONDITIONS.
C. NEW CASES
6. FILE NO.3251 URU 1, LLC
8421 CRESPI BOULEVARD
LOTS 3, BLOCK 9,
OF BISCAYNE BEACH SUBDIVISION,
PLAT BOOK 44, PG 67;
MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a new three (3) story multifamily building with four (4) units:
1. A variance to waive 6’ – 2” of the minimum required 22’ – 0” interior
aisle dimension for 90 degree parking in order to provide an interior
aisle with 15’ 10” in width.
APPROVED.
7. FILE NO.3252 DIEGO PINEIRO
7626 DICKENS AVENUE
LOT 4, LESS THE EAST 2.5 FEET, BLOCK 29,
ALTOS DEL MAR NO. 3, PLAT BOOK 8, PG 41;
MIAMIDADE COUNTY, FLORIDA
APPLICATION CONTINUED TO THE JANUARY 5, 2007 MEETING, PER
STAFF REQUEST.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 4 of 10
8. FILE NO.3256 BARBARA HAGEN
119 EAST 2 ND COURT, HIBISCUS ISLAND
LOT 3, BLOCK 1,
HIBISCUS ISLAND RESUBDIVISION,
PLAT BOOK 34, PG 87;
MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a one (1) story garage within the required front yard of an
existing single family residence:
1. A variance to waive 7’ 0” of the minimum required front yard
setback of 20’ 0” in order to build a one story garage at 13’ 0”
from the front property line.
APPROVED.
9. FILE NO.3257 FAIRFAX HOTEL PARTNERSHIP, LTD.
1776 COLLINS AVENUE
LOTS 9, 10, 11 & 12, BLOCK 27,
OF FISHER’S SUBDIVISION OF ALTON BEACH,
PLAT BOOK 2, PG 77;
MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to build an
accessory rooftop outdoor bar counter with extended hours of operation in
an existing hotel:
1. A variance to exceed the allowable hours of operation of an
accessory outdoor bar counter until 4:00 am.
APPROVED WITH MODIFIED CONDITIONS AND HOURS OF OPERATION.
10. FILE NO.3260 BYHALL, LLC
401 69 TH STREET
LOTS 3, 4, 5, 6, 7, 8, 9, AND 10, BLOCK H,
“CORRECTED PLAT OF ATLANTIC HEIGHTS”
LESS AND EXCEPT THE EAST 2 FEET OF LOTS 7,
8, 9, AND 10M IN SAID BLOCK H, PLAT BOOK 9,
PG 14; MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of two (2) egress stairs to an existing seventeen (17) story
existing building:
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 5 of 10
1. A variance to waive all of the required front pedestal setback of 20’
0” in order to build a required egress stair up to the front property
line.
2. A variance to waive all of the required interior pedestal setback of
16’ 0” in order to build a required egress stair up to the north
property line.
CONTINUED FOR 30 DAYS (JANUARY 5, 2007).
11. FILE NO. 3261 FRIEDRICH KOESTERS, MICHAEL JARBOE
841 19 TH STREET
THE WEST 1/2 OF BLOCK 8 A OF
‘AMENDED PLAT OF GOLF COURSE SUBDIVISION’
PLAT BOOK 6, PG. 26;
MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a one (1) story addition to an existing two (2) story single
family residence:
1. A variance to waive 7’ 6” of the minimum required interior side
yard setback of 15’ 0” in order to build a one story addition at 7’
6” from the east property line.
APPROVED.
12. FILE NO.3262 DORY GOMEZ DE ROSAS
555 W 51 ST STREET
LOT 14, BLOCK 23 OF “LAKEVIEW SUBDIVISION”,
PLAT BOOK 14, PG 42;
MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of a swimming pool and its associated deck within the front
yard of an existing single family residence and an afterthefact variance to
retain an existing carport:
1. A variance to waive 17’ 0” of the required 20’ 0” minimum front
setback for a swimming pool deck in order to build the deck at
3’ 0” from the front (south) property line.
2. A variance to waive 10’ 0” of the required 20’ 0” minimum front
setback for a swimming pool and deck in order to build the
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 6 of 10
waterline of the swimming pool at 10’ 0” from the front (south)
property line.
3. A variance to waive 3’ 6” of the minimum required setback of 7’
6” from any interior side property line to the edge of the pool deck in
order to build the pool deck at 4’ 0” from the east property line.
4. A variance to waive 1’ 4” of the minimum required setback of 9’
0” from the swimming pool water’s edge to any interior side
property line in order to build the waterline at 7’ 8” from the east
property line.
5. An afterthefact variance to waive all of the 18” required setback
from the edge of the carport to the property line in order to legalize
the existing carport.
APPROVED.
13. FILE NO.3264 DR. NOAMAN SANNI
55 PALM AVENUE
LOT 13, BLOCK 1 OF ‘PALM ISLAND’
PLAT BOOK 6, PG 54;
MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit an
addition to an existing structure within a historic single family residence:
1. A variance to waive all of the required 20’ 0” front yard setback in
order to extend the existing enclosure 3’ 8” to the northwest.
APPROVED.
14. FILE NO.3265 AMERICAN INTERSTATE CORP.
22002236 COLLINS AVENUE
LOT 1 LESS THE NORTH 10 FEET THEREOF
AND ALL OF LOT 2, BLOCK 2,
AMENDED MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY,
PLAT BOOK 5, PGS 7 & 8;
MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of a new 2story and 4story mixed use building:
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 7 of 10
1. A variance to waive 17’ 6” of the required front pedestal setback of
20’ 0” in order to build a residential egress stair at 2’ 6” from the
north property line (facing 23 rd Street).
VARIANCE 1 WITHDRAWN BY STAFF.
2. A variance to waive all of the required interior pedestal setback of 7’
6” in order to build the residential areas and corridor (2 nd , 3 rd and
4 th levels) up to the west property line.
3. A variance to exceed by 2’ 8” the maximum allowable projection of
2’ 0” into the required yard facing the street in order to provide a
projection (balconies and architectural features) of 4’ 8” to the east
side of the property, facing Collins Avenue.
APPROVED WITH ADDITIONAL CONDITIONS.
15. FILE NO.3266 SCOTT & DEBORAH ROBINS
1800 W 24 TH STREET
LOTS 3 AND 4, BLOCK 3F,
OF 3 RD REVISED PLAT OF SUNSET ISLANDS,
PLAT BOOK 40, PG 8; MIAMIDADE COUNTY,
FLORIDA
The applicant is requesting the following variances in order to permit the
construction of an addition to an existing twostory home and to relocate
an existing basketball court:
1. A variance to waive a range between 5’ 0” and 7’6” of the
minimum required front yard setback of 20’0” in order to align with
the existing building façade at 12’6” and to extend the garage to
15’0” from the front property line, facing West 24 th Street.
2. A variance to waive a range of between 10’0” and 17’6” of the
minimum required front yard setback of 30’0” in order to build a
second story at a range between 20’0” and 12’6” from the north
property line, facing West 24 th Street.
3. A variance to waive 12’6” of the minimum required front yard setback of
20’0” in order to relocate a basketball court at 7’6” from the front
property line, facing West 23 rd Street.
APPROVED.
16. FILE NO.3267 MICHAEL MUSKAT, PHILLIP MUSKAT,
1247 BAYVIEW DEVELOPMENT CORP.
1255 WEST AVENUE
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 8 of 10
MIAMI BEACH, FLORIDA
(FOR LEGAL DESCRIPTION,
PLEASE CONTACT THE PLANNING DEPT.)
The applicant is requesting the following variances in order to permit the
construction of a new six (6) story multifamily building, to replace two
existing single story homes and one existing 2story building, to be
demolished:
1. A variance to waive 2’4” of the minimum required drive width of
22’0” in order to build a drive with a width of 19’8”.
2. A variance to exceed the maximum allowable projection of 25% into
a required yard in order to allow a projection of 100% into the
required side facing the street to the north of the property.
3. A variance to exceed by 1’2” the maximum allowable walkway
width of 3’0” in order to build a walkway with a width of 4’2” within
the required side yard facing the street at the north side of the
property.
4. A variance to exceed the maximum allowable projection of 25% into
a required yard in order to allow a projection of 100% into the
required front yard to the west of the property.
5. A variance to exceed by a range between 2’0” and 3’6” the
maximum allowable walkway width of 3’0” in order to build a
walkway with a width of 6’6” and a ramp with a width of 5’0” within
the required front yard at the west side of the property.
6. A variance to waive 5’0” of the required interior side yard setback
of 5’9” at the parking level in order to build two (2) parking spaces
at 9” from the south property line.
7. A variance to waive 1’4” of the required minimum drive aisle width
of 22’0” in order to provide a drive aisle of 20’8” at the second
level of the parking garage.
8. A variance to waive 7’6” of the minimum tower front setback
requirement of 27’6” in order to provide a tower setback of 20’0”
from the west property line.
9. A variance to waive 9” of the minimum required interior side tower
setback of 10’0” in order to build the tower portion of the building at
9’3” from the south property line.
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 9 of 10
10. 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.
CONTINUED FOR 60 DAYS (FEBRUARY 2, 2007).
17. FILE NO.3268 SOUTHPOINTE HEIGHTS, LLC
4953 COLLINS AVENUE
LOTS 14 AND 15, IN BLOCK 1,
OF ‘OCEAN BEACH FLORIDA SUBDIVISION’,
PLAT BOOK 2, PG 38; MIAMIDADE COUNTY,
FLORIDA
The applicant is requesting the following variances in order to permit the
construction of a new seven (7) story mixeduse residential/retail structure,
to replace an existing surface parking lot:
1. A variance to waive all of the required 5’0” rear pedestal setback at
the parking levels +7.0’ and +21.0’ NGVD in order to build those
levels up to the east property line and a variance to waive 1’3” of
the 13’0” required rear pedestal setback at the levels containing
residential/hotel units in order to build those levels at 11’9” from
the east property line, facing the alley.
2. A variance to exceed by 5’0” the maximum and minimum front
pedestal required setback of 0’0” in order to build the lobby
entrance and the commercial portions at 5’0” from the front
property line.
3. A variance to waive 26’0” of the minimum tower front setback
requirement of 50’0” in order to build the tower portion at 24’0” from the
front property line, facing Collins Avenue.
APPROVED.
18. FILE NO.3269 TRGBLOCK ONE, LTD.
135, 230, 3640, 4664 OCEAN DRIVE
AND 69 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 an elevated bridge connector at the rear of the existing
Taverna Opa:
BOARD OF ADJUSTMENT AFTER ACTION REPORT
DECEMBER 8, 2006
Page 10 of 10
1. A variance to waive all of the required rear pedestal setback of 5’
0” in order to build an elevated bridge connector at the rear of the
existing Taverna Opa.
APPROVED.
19. FILE NO. 3270 MOULIN ROUGE AT MERIDIAN, LLC
741745 6 TH STREET
THE WEST 72.5 FEET OF LOTS 9 AND 10,
BLOCK 58 OF “OCEAN BEACH,
FLA. ADDITION NO. 3”,
PLAT BOOK 2, PG. 81;
MIAMIDADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit a new
fire stair to be built at the north side of an existing multifamily building:
1. A variance to waive 4’ 5” of the minimum required rear yard
setback of 10’ 0” in order to build a new fire stair at 5’ 7” from the
north property line.
APPROVED.
D. NEXT MEETING DATE
January 5, 2007.
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)6737550 no later than four (4) days prior to the proceeding.
If hearing impaired or for sign language interpreters, telephone (305)6737219 (TDD) five (5) days prior
to the proceeding.
F:\PLAN\$zba\AFTERAC\aftDecember, 2006.doc