HomeMy WebLinkAboutBOA 20050805CITY 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, AUGUST 5, 2005 – 9:00 A.M.
A. CURE LETTER / UPDATE
1. FILE NO. 2684 CLAY HOTEL PARTNERSHIP, LTD.
a/k/a TANGERINE 1436
506 ESPANOLA WAY (a/k/a 1436 Drexel Avenue)
LOTS 1 & 2; BLOCK 4B
ESPANOLA VILLAS 1st ADDITION
PLAT BOOK 9–147; MIAMI-DADE COUNTY, FLORIDA
A cure letter, dated July 6, 2005 and signed by the Planning Director, was
sent to both the property owner and tenant. The applicant has been
instructed to bring the subject property into compliance with all City codes
and statutory requirements, as well as all conditions of the Board.
At this time, the applicant will 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).
CONTINUED TO SEPTEMBER 2, 2005 MEETING
B. INTRODUCTION OF NEW OWNER / PROGRESS REPORT
2. FILE NO. 2301 ARDEN SAVOY PARTNERS, LLC
formerly M-1 DEVELOPMENT CORP.
425 and 455 OCEAN DRIVE
LOTS 3,4,5 & 6; BLOCK 116
OCEAN BEACH ADDITION NO. 4
PB 3-115&151; MIAMI-DADE COUNTY, FLORIDA
The new owner of this property shall introduce himself/herself to the Board.
A variance was obtained on May 7, 1993 for variances associated with the
substantial rehabilitation of an existing apartment/hotel into 61 apartments
and 6 hotel rooms with an accessory restaurant. Since that time, the
applicant has modified the variances requested to allow the conversion of the
project into a 67-unit suites hotel.
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 2 of 12
The applicant shall present a progress report in order to address noise
complaints and any other concerns which impact the neighboring properties
in this area. (Note: The Board shall determine whether subsequent progress
reports are needed, and if so, shall establish a time frame for future reports.)
CONTINUED TO SEPTEMBER 2, 2005 MEETING
C. AMENDMENT
3. FILE NO. 2881 1229 PARTNERS, LLC
1778-1784 WEST AVENUE
LOT 5; BLOCK 16-A
ISLAND VIEW SUBDIVISION
PLAT BOOK 6-115; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the meeting of July 1, 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 SEPTEMBER 2, 2005 MEETING
4. FILE NO. 2823 CORINNA KELLER
5800 PINETREE DRIVE
LOT 8; BLOCK 8
BEACH VIEW ADDITION SUB.; PB 16-10
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a modification to a condition of approval for a
variance associated with the construction of a two car garage and the
connection of a detached accessory structure to an existing single family
residence. Condition No. 2 of the August 3, 2001 Order requires that the roof
of the new garage be designed in such a manner so that it is not accessible
or used for any purpose. The variance, if granted, will allow the homeowner
to utilize the garage roof as a terrace.
Final Order: Modified Condition #2:
2. The roof of the new garage shall be designed in such a manner so
that it is not accessible or used for any purpose. may become
accessible and may be utilized by the homeowner.
APPROVED.
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 3 of 12
D. CONTINUED CASES
5. FILE NO. 3100 EXCLUSIVACATIONS AT MIAMI BEACH LLC
6525 COLLINS AVENUE
NORTH 40 FT. OF LOT 37; BLOCK 1
AMENDED PLAT OF 2ND OCEANFRONT SUBDIVISION
PLAT BOOK 28-28; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the meetings of May 6 and June 3, 2005.
The applicant is requesting the following variances in order to permit the
renovation of an existing three (3) story historic hotel and a new nine (9) story
addition with a total of 60 hotel units:
1. A variance to waive 2’ – 6” of the minimum required 7’ – 6” south
interior pedestal setback in order to permit an addition to follow the
existing setback of a historic building 5’ – 0” from the south property
line.
2. A variance to waive 2’ – 6” of the minimum required 7’ – 6” north
interior pedestal setback in order to permit an addition to follow the
existing setback of a historic building 5’ – 0” from the north property
line.
3. (a) A variance to permit the relocation of a permissible business flat
sign from the ground floor level facing the Atlantic Ocean (east) to be
placed on the building parapet wall of the new tower facing Collins
Avenue (west).
(b) A variance to exceed by 33.30 square feet from the maximum
permitted 10 square feet flat business sign allowed at ground level
facing the Atlantic Ocean to be 43.30 square feet.
APPROVED.
6. FILE NO. 3098 MURANO LTD.
a/k/a MURANO at PORTOFINO
1000 SOUTH POINTE DRIVE
LOTS 1 THROUGH 7, INCLUSIVE, AND EAST 30 FT. OF LOT 8;
BLOCK 111; OCEAN BEACH FLA. ADDN. NO. 3
PLAT BOOK 2-81; and, THAT PART OF BISCAYNE STREET AS
SHOWN ON SAID PLAT OF OCEAN BEACH FLA. ADDN NO. 3,
LYING WESTERLY OF THE SOUTHERLY PROJECTION OF THE
WEST RIGHT-OF-WAY LINE OF JEFFERSON AVE. AS SHOWN
ON SAID PLAT AND BEING BOUNDED ON THE WEST BY
BISCAYNE BAY. MIAMI-DADE COUNTY, FLORIDA
(FULL LEGAL DESCRIPTION ON FILE IN THE CITY OF MIAMI
BEACH PLANNING DEPARTMENT)
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 4 of 12
This case is continued from the meetings of June 3 and July 1, 2005.
The applicant is requesting the following after-the-fact variances in order to
retain and legalize a monument sign with copy ‘Murano at Portofino’ and ‘La
Piaggia’:
1. An after-the-fact variance to waive 9’ – 0” of the minimum required
10’ – 0” front yard setback in order to retain a monument sign built
1’ – 0” from the front property line facing South Pointe Drive.
2. An after-the-fact variance to retain a sign that exceed by 5.8 SF of the
maximum permitted 15 SF monument sign area in order to permit the
retention of a 20.8 SF sign with copy ‘Murano at Portofino La Piaggia’.
CONTINUED TO SEPTEMBER 2, 2005 MEETING
7. FILE NO. 3013 HSDC, LLC
304 OCEAN DRIVE
LOT 8; BLOCK 4
OCEAN BEACH FLORIDA SUBDIVISION
PLAT BOOK 2-38; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the meetings of June 3 and July 1, 2005.
The applicant is requesting a modification to a condition of approval for a
variance associated with the construction of a one-story roof top addition
over the two-story portion of the existing multi-family building, including a
new stairway within the required rear yard. Condition number three (3) of
the May 7, 2004 Final Order requires that a building permit be issued by
May 7, 2005 and for the project to be completed by May 7, 2006. The
applicant is requesting to extend the time to obtain a building permit to
May 7, 2006 and the completion date to May 7, 2007.
CASE WILL NOT BE HEARD AT THIS TIME; MAY BE
WITHDRAWN AT A LATER DATE.
8. FILE NO. 3048 LUIS RIU d/b/a RIU FLORIDA BEACH HOTEL
3101 COLLINS AVENUE
LOTS 1 THRU 8; BLOCK 15
MIAMI BEACH IMPROVEMENT CO. SUBDIVISION
PLAT BOOK 5-7&8; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the meeting of July 1, 2005.
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 5 of 12
The applicant is requesting the following variances in order to permit the
relocation of an allowed ground level flat main permitted use sign facing the
ocean, to the south parapet wall of the building (serving as a building
identification sign) visible from Collins Avenue, and to exceed its maximum
permitted size:
1. A variance to permit the relocation of an allowed ground level main
permitted use flat sign facing the Atlantic Ocean to the south parapet
wall of the building (serving as a building identification sign and with
copy reading ‘RIU’) visible from Collins Avenue.
2. A variance to exceed by 40.70 square feet from the maximum
permitted 30 square feet main permitted use flat sign at ground level
and facing the Atlantic Ocean and copy reading ‘RIU’ in order to permit
a flat sign with 70.7 square feet.
CONTINUED TO SEPTEMBER 2, 2005 MEETING
E. NEW CASES
9. FILE NO. 3106 APR PALM PARTNERS, A FLORIDA PARTNERSHIP
70 PALM AVENUE
LOT 34; BLOCK 1; PALM ISLAND
PLAT BOOK 6 – 54; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following after-the-fact variances for a recently
constructed single-family residence, waiving a portion of the required front
yard setback, waiving a portion of the required sum of the side yards setback,
waiving the minimum side setback for a pool deck from east property line,
waiving the minimum side setback for a driveway from the east property line,
and waiving the maximum building height:
1. An after-the-fact variance to waive 1’ – 11” of minimum required
20’ – 0” front yard setback in order to retain a single family residence
built 18’ – 11” from the front property line facing Palm Avenue.
2. An after-the-fact variance to waive 2’ – 11” of minimum required
25’ – 0” sum of the side yards in order to retain a single family
residence with a sum of the side yards of 22’ – 1”.
3. An after-the-fact variance to waive 2’ – 6” of the minimum required 7’ –
6” interior side yard setback in order to retain a swimming pool deck 5’
– 0” from the east interior property line. ((WITHDRAWN BY
APPLICANT))
4. An after-the-fact variance to waive 1’ – 1” of the minimum required 4’ –
0” interior side driveway setback in order to retain a built driveway 2’ –
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 6 of 12
11” from the east interior property line. ((WITHDRAWN BY
APPLICANT))
5. An after-the-fact variance to exceed by 3’ – 0” of the maximum
permitted 33’ – 0” building height in order to retain a three (3) story
single family residence with a building height of 36’ – 0” as measured
from grade.
CONTINUED TO SEPTEMBER 2, 2005 MEETING
10. FILE NO. 3109 JULIO SOMEILLAN – FRANCESCA BASSAKYROU
7411 CARLYLE AVENUE
LOT 13; BLOCK 4; HARDING TOWNSITE
PLAT BOOK 34-4; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of a new five (5) story residential building with 8 units and 12
parking spaces:
1. A variance to waive all of the minimum 5’ – 0” required rear yard
surface parking setback in order to permit the construction of three (3)
parking spaces with no setback from the rear property line facing the
alley.
2. A variance to waive 2’ – 6” of the minimum 7’ – 6” required side interior
pedestal setback in order to permit construction of a five (5) story
building 5’ – 0” from the north property line.
3. A variance to waive 2’ – 6” of the minimum 7’ – 6” required side interior
pedestal setback in order to permit construction of a five (5) story
building 5’ – 0” from the north property line.
4. A variance to waive 1’- 4” of the minimum required 22’ – 0” interior
driving aisle in order to permit a 20’ – 8” aisle servicing nine (9) parking
spaces.
5. Sum of the side yard setback variance ((WITHDRAWN BY STAFF -
VARIANCE REQUEST WAS ADVERTISED BUT IS NOT REQUIRED)).
APPROVED.
11. FILE NO. 3114 738 LINCOLN ROAD, LLC and 730 CORPORATION
726-744 LINCOLN ROAD
LOTS 4,5,6; BLOCK 50
ALTON BEACH REALTY CO. 2nd COMMERICAL SUB.
PLAT BOOK 6-33; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 7 of 12
renovation and restoration of the existing commercial buildings, and the
construction of a new five (5) story mixed-use structure.
1. A variance to waive 15’ – 0” of the minimum required 15’ – 0” rear yard
pedestal setback.
2. A variance to waive 12’ – 0” of the minimum required 12’ – 0”
residential side interior pedestal setback.
3. A variance to waive 10’ – 4” of the minimum required 12’ – 0”
residential side yard facing a street pedestal setback.
4. A variance to waive 22’ – 4” of the minimum required 24’ – 0”
residential sum of the side yards pedestal setback.
5. A variance to waive all of the maximum permitted balcony projection
limitation of of 25%, in order to construct balconies projecting to the
property line within the required rear, side interior and side yard facing
a street.
APPROVED.
12. FILE NO. 3117 2001 MERIDIAN LTD.
2001 MERIDIAN AVENUE
a/k/a 775 DADE BOULEVARD
LOTS 4 THRU 13; BLOCK 1
AMENDED PLAT OF RESUBDIVISION OF LOT 1
MID GOLF SUBDIVISION
PB 30-19; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following after-the-fact variances in order
to permit the completion of a new six (6) story multifamily condominium
with 111 living units:
1. An after-the-fact variance to exceed by a range of 6’- 0 “ and 10’ – 0”
from the maximum permitted 6’ – 0” and 5’ – 0” deck projections in
order to retain paved patios set back between 12’ – 0” and 5’ – 0” from
the front property lines facing Dade Boulevard and North Meridian
Avenue.
2. An after-the-fact variance to exceed by a range of 2’ – 0” and 42’ – 0”
from the maximum permitted 3’ – 0” sidewalk width in order to retain
sidewalks with a width ranging from 5 – 0” to 45’ – 0” within the front
required yards facing Dade Boulevard and North Meridian Avenue.
3. An after-the-fact variance to waive 7’ – 0” of the minimum 20’ – 0”
required front yard pedestal setback in order to retain stairs and
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 8 of 12
landing areas accessing units set back 13’ – 0” from the front property
line facing North Meridian Avenue.
4. After-the-fact variance to retain air conditioning units within the
required front yard facing North Meridian Avenue. ((WITHDRAWN BY
APPLICANT))
APPROVED.
13. FILE NO. 3119 NIPOJEVE, LLC
1025-1037-1045 MICHIGAN AVENUE
LOTS 12, 13 AND 14; BLOCK 89
OCEAN BEACH ADDITION NO. 3
PLAT BOOK 2-81; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order construct a new
four unit, three story multifamily building:
1. A variance to waive 1’ – 8” of the minimum required interior side yard
pedestal setback of 12’ – 0” in order to construct a new three story
residential building 10‘ – 4” from the south side yard.
2. A variance to exceed by 6’ - 6” (32%) the maximum allowable
projection into a required yard in order to provide an uncovered
porch/platform that extends 11’ - 6” (57%) into the required front yard.
((WITHDRAWN BY STAFF - VARIANCE REQUEST WAS ADVERTISED
BUT IS NOT REQUIRED DUE TO CHANGES TO THE DESIGN)).
APPROVED.
14. FILE NO. 3120 CARIBBEAN GROUP OWNERS, LLC
d/b/a CARIBBEAN HOTEL
3737 COLLINS AVENUE
LOTS 1 - 8 and 16 FT. ALLEY OPP. LOTS 1 & 8
BLOCK 27; MIAMI BEACH IMPROVEMENT CO. SUB.
PLAT BOOK 5-7&8; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance to waive the maximum
allowable balcony projection as part of the renovation of an existing historic
building and the construction of a new nineteen (19) story residential building
with 105 units and 158 parking spaces.
1. A variance to exceed the maximum permitted balcony projection of
2’ – 6”, in order to construct balconies projecting 4’ – 10” into the
required side yard facing a street (facing 38th Street).
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 9 of 12
APPROVED.
15. FILE NO. 3121 ARTECITY PLAZA, LLC
2160 PARK AVENUE
LOT 4 LESS SLY 50 FT.
OCEAN PARK SUBDIVISION
PLAT BOOK 41-50; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
rehabilitation and renovation of an existing apartment building and addition of
ground floor retail space at the subject address.
1.
a. A variance to exceed by 2’ – 0” of the maximum permitted 3’ –
0” walkway within a required yard in order to permit a 5’ – 0”
walkway width facing the south side interior property line.
b. A variance to exceed by 2’ – 0” of the maximum permitted
3’ – 0” walkway within a required yard in order to permit a
5’ – 0” walkway width facing the rear (west) property line.
c. A variance to exceed by 6’ – 4” of the maximum permitted
3’ – 0” walkway within a required yard in order to permit a
9’ – 4” walkway width facing the front property line.
d. A variance to exceed by 3’ – 0” of the maximum permitted
3’ – 0” walkway within a required yard in order to permit a
6’ – 0” walkway width facing the side facing a street (north)
property line.
2.
a. A variance to exceed by 7’ – 0” of the maximum permitted
2’ – 4” walkway within a required yard in order to permit a
9’ – 4” wide deck and patio facing the front property line.
b. A variance to exceed by 3’ – 9” of the maximum permitted
1’ – 3” walkway within a required yard in order to permit a
5’ – 0” wide deck and patio facing the side facing a street
(north) property line.
APPROVED.
16. FILE NO. 3122 SAGE ON ALTON, LLC a/k/a THE EVELYN
1600 EUCLID AVENUE
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 10 of 12
LOT 1 and the SOUTH ½ OF LOT 2; BLOCK 50A
LINCOLN SUBDIVISION
PLAT BOOK 9-69; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to substantially
renovate an existing multifamily building and construct a new third story
addition and stairway:
1. A variance to waive 9’ - 10” of the minimum required 15’ - 0” rear
setback in order to construct a new stair tower 5’ - 2” from the rear
property line.
2. A variance to waive 1’ – 3” of the required 7’ – 6” side-yard setback in
order to construct a third floor addition 6’ – 3” from the north side
property line.
APPROVED.
17. FILE NO. 3123 GREGG LUBONTY
102 SOUTH HIBISCUS DRIVE
LOT 17 and 20 FT. STRIP ON SEAWARD SIDE ADJ.
HIBISCUS ISLAND; PLAT BOOK 8-75
MIAMI-DADE COUNTY, FLORIDA
This case will not be heard today. Public notice requirements shall be met
when this case is ready to proceed.
CONTINUED TO SEPTEMBER 2, 2005
18. FILE NO. 3124 925 BAY DRIVE, LLC
925 BAY DRIVE
LOT 13; BLOCK 6
OCEANSIDE SECTION OF ISLE OF NORMANDY
PLAT BOOK 25-60; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a variance to allow seven (7) condensing units to
be placed along the west side of the property, within the required interior side
yard.
1. A variance to waive 5’ – 0” of the minimum 7’ - 6” required setback for
central A/C in order to place seven condensing units at 2’ - 6” from the
interior side property line.
APPROVED.
19. FILE NO. 3125 HARDING VILLAGE, LTD., A FLORIDA LIMITED PARTNERSHIP
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 11 of 12
8540 HARDING AVENUE
LOTS 10 THRU 14 LESS ELY 2.5 FT. FOR R/W
BLOCK 4; BEACH BAY SUBDIVISION
PLAT BOOK 44-25; MIAMI-DADE COUNTY, FLORIDA
This applicant has requested that this case be continued to the September 2,
2005 meeting. All public notice requirements shall again be met.
CONTINUED TO SEPTEMBER 2, 2005
20. FILE NO. 3126 MELLON UNITED NATIONAL BANK
1688 MERIDIAN AVENUE
NORTH ½ OF LOT 7 AND ALL OF LOTS 8 AND 9
BLOCK 36; GOLF COURSE SUBDIVISION
PLAT BOOK 6-26; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a variance in order to relocate an allowable
building identification sign on a nine story building from the parapet facing
17th Street (north) to an existing architectural feature at the roof of the
building, also facing 17th Street.
1. A variance to waive the requirement of a building identification sign to
be located on the parapet of the building in order to provide a building
identification sign on an architectural feature.
APPROVED.
21. FILE NO. 3127 INDIAN CREEK 6580 LLC a/k/a REGATTA
6580 INDIAN CREEK DRIVE
LOTS 22 AND 23; BLOCK 3
SECOND OCEANFRONT SUBDIVISION
PLAT BOOK 28-28; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting an After the Fact variance in order to retain the
existing width of parking spaces adjacent to structural columns within an
enclosed parking structure.
1. A variance to waive 1 3/4” to 1/2” of the minimum required width of
standard off street parking spaces adjacent to structural columns of
8’- 0” in order to provide parking space clearances in the range of
7’ - 11 1/2” to 7’ - 10 1/4”.
APPROVED.
BOARD OF ADJUSTMENT AFTER ACTION AUGUST 5,
2005
Page 12 of 12
NOTE: The Flood Plain Management Board meeting shall begin at
the conclusion of the Board of Adjustment agenda.
F:\PLAN\$zba\AFTERAC\aftAugust,2005.doc
CITY 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
FLOOD PLAIN MANAGEMENT BOARD
AFTER ACTION
FRIDAY, AUGUST 5, 2005
1. FILE NO. FP05-02 ARTECITY HOLDINGS, LTD.
a/k/a GOVERNOR HOTEL
435 W. 21ST STREET, 2135 WASHINGTON COURT,
2130-2140 PARK AVENUE
LOTS 1,2,3 and 6 and 7; OCEAN PARK SUBDIVISION
AND OCEAN PARK RE-SUBDIVISION
PB 41-50 and 45-40; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the meeting of July 1, 2005
The applicant is requesting a variance to waive the minimum required base flood
plain elevation for multiple historic buildings on the site including two (2) new six-
story multifamily buildings.
APPROVED.
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\aftFPMB-August,05.doc