HomeMy WebLinkAboutBOA 20040206
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
BOARD OF ADJUSTMENT
AFTER ACTION
FRIDAY, FEBRUARY 6, 2004 – 9:00 A.M.
City Hall – Commission Chambers, Third Floor
1700 Convention Center Drive, Miami Beach, Florida
A. PROGRESS REPORTS
1. FILE NO. 2921 TAPAS & TINTOS, INC. (formerly KIU, LLC)
448 ESPANOLA WAY
The applicant will present a progress report regarding the operation of
this restaurant which obtained a variance on January 10, 2003 to
sell/serve alcoholic beverages within 300 feet of an educational
facility (Fisher- Feinberg Elementary School). This variance was
modified on July 25, 2003 in order to permit the sale of wine as
package goods for consumption off the premises, continue
the sale of wine for consumption on the premises during non-
school hours; and, prohibit of the sale of beer and liquor on or off
the premises. (Note: The Board shall determine whether
subsequent progress reports are needed, and if so, shall
establish a time frame for future reports.)
Progress Report due March, 2004.
2. FILE NO. 2684 CLAY HOTEL PARTNERSHIP, LTD.
a/k/a 1436 (LoveLife Corp.)
506 ESPANOLA WAY (a/k/a 1436 Drexel Avenue)
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). (Note: The Board shall determine whether
subsequent progress reports are needed, and if so, shall establish a time
frame for future reports.)
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 2 of 12
Continued to March, 2004.
3. FILE NO. 2953 SEVEN HUNDRED REALTY CORP.
700-714 LINCOLN ROAD/1630-1640 EUCLID AVENUE
LOTS 1 and 2; BLOCK 50
ALTON BEACH REALTY CO. 2 ND COMMERCIAL SUB.
PLAT BOOK 6-33; MIAMI-DADE COUNTY, FLORIDA
The applicant received a variance on July 25, 2003 to construct a one-story
addition at the rear of the property within the required setback. The Board
has requested that this applicant present progress reports every 90 days
until further notice, or more often if the City receives complaints relating to
this project.
Progress Report in 90 days.
4. FILE NO. 2548 SOUTH CARILLON JOINT VENTURE, LLC 6801 COLLINS AVENUE (formerly, Transnational Properties, Inc. a/k/a Carillon Hotel) NORTH 25 FT. OF LOT 48 AND ALL OF LOTS 49 THRU 53; BLK. 1 AMENDED PLAT OF 2ND OCEANFRONT SUB. PLAT BOOK 28 - 28 LOTS 1 TO 6; BLOCK B; ATLANTIC HEIGHTS SUB. PLAT BOOK 9 -14; MIAMI-DADE COUNTY, FLORIDA
The applicant shall present a progress report relating to variances associated
with the renovation of the existing Carillon Hotel and the construction of a
143 unit, 22-story condominium tower and a 327 unit, 35-story condomi nium
tower. Variances were originally granted in January and March, 1997 and
were subsequently extended and modified over the years.
At the hearing of November 7, 2003, the Board established the following time
frames:
1. The existing Carillon Hotel shall be completed by July 1, 2005.
2. The south building shall be completed by October 1, 2006.
3. The north building shall be completed by December 1, 2008.
The applicant is presenting this progress report so that the Board can
monitor issues regarding construction and its affect on the surrounding
properties. The Board shall establish a time frame for subsequent reports, if
necessary.
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 3 of 12
Progress Report in six months.
B. MODIFICATION
5. FILE NO. 2891 1080 ALTON ROAD, LLC
1050-1080 ALTON ROAD
The applicant is requesting a modification to 4 (four) conditions of a
previously approved variance, granted on September 6, 2002 that allowed
the sale/service of alcohol within the minimum required distance separation from
an educational facility to include the sale/service of liquor:
Condition #1 shall be modified to read:
1- The variance approval shall be for beer, and wine and liquor only.
Condition #2 shall be modified to read:
2- The applicant shall maintain a minimum of 30 60 indoor seats at all
times.
Condition #3 shall be modified to read:
3- During school hours, alcoholic beverages shall only be served with
meals. Otherwise, the sale of beer, and wine and liquor shall
be limited to non-school hours (5:00 P.M. to 5:00 A.M.) and non-
school days. There shall be no sale of package goods.
Condition #9 shall be modified to read:
9- The applicant shall obtain a beer and wine liquor license within six (6)
months of the date of this hearing. If a beer and wine liquor license
not obtained within the specified time limits, the applicant shall, prior
to expiration of such period, apply to the Board for an extension of time.
At the hearing on such application, the Board may deny or approve
the request and modify the above conditions or impose additional
conditions. Failure to comply with this condition shall subject the
variance to Section 118-356, City Code, for revocation or modification
of the variance.
The Board of Adjustment granted the original variance for a 30 seat
establishment serving beer and wine, within the minimum required distance
separation from an educational facility, in this case 192 feet from Beis
Hamedrash Levi Yitzchok School.
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 4 of 12
At this time the applicant wishes to increase the capacity of the restaurant to
60 seats, and apply for a liquor license allowing liquor sales as well as beer
and wine. As this is a new license, the applicant is required to apply for a
modification of the previously existing variance.
Approved. Progress Report in 90 days.
C. CONTINUED CASES
6. FILE NO. 2974 SHOWTIME THEATRES OF FLORIDA, LLC
429 LENOX AVENUE
LOTS 7 AND 8; BLOCK 99
MUSSETTS RE-SUB OF RE-SUB
PLAT BOOK 38–69; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the January 9, 2004 meeting.
The applicant is requesting the following two (2) variances in order to exceed
the maximum permitted size for a permanent main business sign and a
building identification sign:
1. A variance to exceed the maximum permitted size of 30 square feet
for a main business sign by 82.5 square feet in order to allow a 112.5
square feet sign to be placed on the one story parapet wall of the
retail space facing north on 5th Street.
2. A variance to exceed the maximum permitted size of 70 square feet
for a building identification sign by 27 square feet to allow a 97
square feet sign to be placed on the top of the tower located at the
northwest corner of the property and facing north on 5th Street.
Approved with conditions.
7. FILE NO. 2990 WESTSIDE LOFTS, LLC
1320-1312 14TH TERRACE
LOTS 4, 5 AND 6; BLOCK 79-C
ALTON BEACH BAYFRONT RE-SUBDIVISION
PLAT BOOK 16-1; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the January 9, 2004 meeting.
The applicant is requesting the following variance in order to construct two
(2) two-way drives:
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 5 of 12
1. A variance to waive 9’ - 8” of the minimum required 22 feet for a two-
way driveway in order to construct two (2) 12’ - 4”’ wide two-way
drives.
Approved with conditions.
8. FILE NO. 2991 CARLOS YASMIN GARCIA
5860 PINETREE DRIVE
LOT 14; BLOCK 8; BEACH VIEW ADDITION
PLAT BOOK 16-10; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the January 9, 2004 meeting.
NOTE: The applicant is preparing revised plans; therefore, this matter
will not be heard today.
9. FILE NO. 2969 OCEAN BLVD., LLC -- 1036 OCEAN DRIVE
LOT 4; BLOCK 15; OCEAN BEACH ADDITION NO. 2
PLAT BOOK 2 -56; MIAMI-DADE COUNTY, FLORIDA
This case was continued from the December 5 th 2003 meeting and since then
the applicant has modified the application to include additional variances.
The applicant is requesting the following variances to waive the minimum unit
size for a suites hotel for sixteen (16) units out of a total of eighteen (18) at
the existing 1036 Ocean Drive building and eight (8) of the twelve units (12)
at the proposed 1052 Ocean Drive building. In addition, the applicant is
requesting a variance to exceed the amount of accessory retail space
permitted in a hotel building and a variance to exceed the allowable height of
rooftop swimming pools. (Note: 1036 Ocean Drive and 1052 Ocean Drive are
joined by a unity of t itle and for zoning purposes are considered one parcel.)
1. A variance to waive a range of 85 to 244 sq. ft. of the minimum
required unit suite hotel size of 550 square feet to allow for sixteen (8)
units to range between 306 sq. ft. and 465 sq. ft. in size at the existing
1036 Ocean Drive building.
2. A variance to waive a range of 39 to 111 sq. ft. of the minimum
required unit suite hotel size of 550 square feet to allow for sixteen
(16) units to range between 439 sq. ft. and 511 sq. ft. in size at the
new 1052 Ocean Drive building.
3. A variance to exceed the maximum permitted retail space on the
ground floor as an accessory use of a hotel by 824 square feet from
the permitted 2,250 square feet to allow 3,092 square feet of retail
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 6 of 12
area located within the existing 1036 Ocean Drive building.
4. A) A variance to exceed the maximum permitted roof top
swimming pool and deck height of 3’ – 0” by 9” (nine inches) in
order to permit the construction 3’ - 9” above the maximum
permitted building roof line.
Continued to March, 2004.
10. FILE NO. 2980 OCEAN BLVD., LLC
1060 OCEAN DRIVE
LOT 1; BLOCK 15
OCEAN BEACH ADDITION NO. 2
PLAT BOOK 2 -56; MIAMI-DADE COUNTY, FLORIDA
This case was continued from the December 5 th 2003 meeting and since then
the applicant has modified the application to include an additional variance.
The applicant is requesting the following variances in order to waive the
minimum unit size for a suites hotel for fourteen (14) units out of a total of
eighteen (18) and a variance for a fence height located within a required
yard:
1. A variance to waive a range of 22 to 68 square feet of the minimum
required unit suite hotel size of 550 square feet to allow for fourteen
(14) units to range between 482 sq. ft. and 528 sq. ft. in size.
2. A variance to exceed the maximum permitted fence height of 7’ – 0”
following the existing building front setback by 8’ – 9” in order to
recreate a 15’ – 9” in height original archway / gate located to the
southeast corner of the historic building.
Continued to March, 2004.
D. NEW CASES
11. FILE NO. 2988 BSG DEVELOPMENT CORPORATION a/k/a CABANA
6261 COLLINS AVENUE
LOTS 21-L AND 21-J; BLOCK 1
AMENDED PLAT OF SECOND OCEANFRONT SUB.
(MIAMI BEACH BAYSHORE COMPANY)
PLAT BOOK 28-28; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to retain
portions an existing non-conforming historic hotel and permit the
construction of a penthouse addition and rear addition:
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 7 of 12
1. A variance to waive 9’ - 9” of the minimum required 22’ - 0” driveway
width for a two-way traffic in order to allow a 12’ – 3” wide driveway.
2. A) A variance to waive 22’-0” of the minimum required 22’-0”
interior driveway width for 90 (ninety) degree parking to allow
the placement of 20 automobile on mechanical lift stations.
B) A variance to waive 3’ – 11” of the minimum required 22’-0”
interior driveway width to allow 1 (one) 90 (ninety) degree
handicap parking space with a 18’-1” interior driveway width.
3. A variance to waive 9’ – 6” of the minimum required 9’ – 6” side yard
setback in order to retain an existing non-conforming pedestal
structure including a new vehicular ramp extension with no setback
from the north property line.
4. A variance to waive 4’ - 6” of the minimum 9’ – 6” required side yard
setback in order to retain an existing non-conforming pedestal
structure 5’ – 0” from the south property line.
5. A variance to waive 50’ - 0” of the minimum required 50’ – 0” front
tower setback in order to retain an existing tower with a penthouse
rooftop addition and a tower addition.
6. A) A variance to waive 7’ - 4” of the minimum required 14’ - 7”
north tower side setback in order to retain an existing tower
with a penthouse rooftop addition 7’ – 3” from the north side
property line.
B) A variance to waive 5’ - 1” of the minimum required 14’ - 7”
north tower side setback in order to construct a tower addition
9’ – 6” from the north side property line.
7. A variance to waive 9’ – 7” of the minimum required 14’ – 7” south
tower side setback in order to retain an existing tower with a
penthouse rooftop addition.
Approved with conditions.
12. FILE NO. 2989 BSG DEVELOPMENT CORPORATION
a/k/a TERRA II BEACHSIDE VILLAS
6064 COLLINS AVENUE and 6000 COLLINS AVENUE
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 8 of 12
6064 COLLINS AVE.: LOTS 2,3,4 AND 5
6000 COLLINS AVE.; LOTS 6 THRU 13, INCLUSIVE
AND LOTS 15 THROUGH 21, INCLUSIVE
LYLE G. HALL SUB.; PLAT BOOK 40-5
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to construct an
additional 32 unit addition with 76 parking spaces (40 situated within
mechanical lift mechanisms stacked two high) to the north of the previously
approved 117 unit Terra project.
1. A variance to waive 10’ of the minimum required 30’ front tower
setback in order to construct the above building with a front tower
setback of 20’ from Collins Avenue.
2. A variance to waive 5’ of the minimum required rear pedestal setback
of 10’ in order to construct the above building with a rear setback of 5’.
3. A variance to waive 46’ - 4” of the minimum required interior north
side yard setback of 62’ – 4” in order to construct the above building
16’ from the north interior side yard.
4. A variance to exceed the maximum permitted 3’ – 9” p rojection within
the rear required yard by 6’ – 3” to allow construction of a roof
overhang setback 5’ – 0” from the rear property line.
5. A variance to waive to waive 22’ of the minimum required 22’ interior
driveway width for 90 (ninety) degree parking to allow the placement
of 20 automobiles on mechanical lift stations.
Approved with conditions.
13. FILE NO. 2997 NORMANDY HOLDINGS II LLC
a/k/a BAY DRIVE VILLAS
946-960 BAY DRIVE
LOTS 8 THRU 12; BLOCK 1
OCEAN SIDE SECTION OF
ISLE OF NORMANDY SUBDIVISION
PLAT BOOK 25-60; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following pedestal setback variances,
side yard at-grade parking setback variances and a variance to exceed the
allowable projection for decks within a required yard in order to retain the
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 9 of 12
front portion of 4 (four) existing buildings and construct three (3) story
additions in the rear for a total of 17 townhouses:
1. A variance to waive 5’ – 0” of the minimum required 20’ – 0” front
pedestal setback in order to retain portions of 4 (four) existing non-
conforming buildings 15’ – 0” from the front property line facing Bay
Drive.
2. A variance to waive 30’ – 0” of the minimum required 40’- 0” sum of
the side yard pedestal setback in order to retain portions of 4(four)
existing non-conforming buildings and construct 5 (five) new separate
buildings 5’ – 0” from the east and west side interior property lines.
3. A) A variance to waive 15’ – 0” of the minimum required 20’- 0”
side yard pedestal setback in order to retain portions of 1 (one)
existing non-conforming building and construct one (one) new
separate building 5’ – 0” from the east side interior property
line.
B) A variance to waive 15’ – 0” of the minimum required 20’- 0”
side yard pedestal setback in order to retain portions of 1 (one)
existing non-conforming building 8’-1 ½” from the west side
interior property line and construct 1 (one) new separate
building 5’– 0” from the west side interior property line.
4. A) A variance to waive 5’ – 6” of the minimum required 12’ – 6”
from the side interior at-grade parking setback in order to allow
construction of at-grade parking & garage access 7 ’ – 0” from
the east side property line.
B) A variance to waive 5’ -6” of the minimum required 12’ – 6” from
the side interior at-grade parking setback in order to allow
construction of at-grade parking & garage access 7’ – 0” from
the west side property line.
5. A variance to exceed the maximum allowable projection of 3’ – 9” into
the required front yard setback by 11’ – 3” to permit a deck
encroachment with no setback from the front property line facing Bay
Drive.
Approved with conditions.
14. FILE NO. 2999 GERSHWIN APARTMENTS, INC.
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 10 of 12
1561 LENOX AVENUE
LOT 13; BLOCK 64
LINCOLN SUBDIVISION; PLAT BOOK 9-69
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following side setback variance in order to
install six (6) A/C compressors within the north side yard:
1. A variance to waive 2’ - 6” of the minimum required interior side
setback requirement of 5’ – 0” in order to install six (6) a/c
compressor units 2’ – 6” from the north interior side yard.
Approved with conditions.
15. FILE NO. 3001 EDUARDO DARER a/k/a NINE45 JEFFERSON
945 JEFFERSON AVENUE
LOT 14; BLOCK 70; OCEAN BEACH ADDITION NO. 3
PLAT BOOK 2 -81; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following required yard setback variances,
an interior drive isle minimum width variance and a variance to
exceed the allowable projection for decks in the front yard, in order to construct
a (7) unit (4) four story multifamily building:
1. A variance to waive 3’ – 10” of the minimum required 20’ – 0” front
yard pedestal setback in order to construct and project a living space
16’ - 2” from the front property line facing Jefferson Avenue.
2. A variance to waive 3’ – 10” of the minimum required 14’ – 0” rear yard
pedestal setback in order to construct and project a living space 10’ -
2” from the rear property line facing the alley.
3. A variance to waive 1’ – 11” of the minimum required 7’ – 6” side yard
pedestal setback in order to construct the building 5’ – 7” from the
north side property line.
4. A variance to waive 4’ – 0” of the minimum required 22’-0” interior
drive aisles width to allow for an 18’ – 0” aisle servicing 10 spaces.
5. A variance to exceed the maximum allowable projection of 5’ – 0” into
the required front yard setback by 9’ – 10” to permit a deck
encroachment setback 5’ – 2” from the front property line facing
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 11 of 12
Jefferson Avenue.
Approved with conditions.
16. FILE NO. 3002 CHERYL MODEL
3156 ROYAL PALM AVENUE
LOT 8; BLOCK 46
MIAMI BEACH IMP. CO’S PLAT OF
ORCHARD SUBDIVISION
PLAT BOOK 6 -111; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to retain an
existing non-conforming one story single family historic residence and
allow a two story addition to the rear of the structure:
1. A) A variance to waive 2’ – 6 ½” of the minimum required 7’ - 6”
south interior side yard setback in order retain portions of a
non- conforming residence 4’ – 11 ½” side setback.
B) A variance to waive 2’ – 2 ½” of the minimum required 7’ - 6”
north interior side yard setback in order to construct a two story
addition to the rear of the existing structure following the
existing 5’ - 3 ½” side setback.
2. A variance to exceed to maximum permitted building height of 25’ – 0”
by 1’ – 0” in order to construct a two story addition with a 26’ – 0”
building height.
3. A variance to waive 1’ – 6” of the minimum required interior side
setback requirement of 7’ – 6” in order to install three (3) a/c
compressor units 6’ – 0” from the south interior side yard.
4. A) A variance to exceed to maximum permitted projection of 1’ - 2”
within the required north side yard setback by 10” (ten inches)
in order to retain an existing roof overhang and construct a new
overhang as part of a two story addition to the rear of the
existing structure following the existing side setback of 3’ – 3 ½”
from the north side property line.
B) A variance to exceed to maximum permitted projection of 1’ - 4”
within the required south side yard setback by 8” (eight inches)
in order to retain an existing overhang 2’ – 11½” from the south
side property line.
BOARD OF ADJUSTMENT AFTER ACTION FEBRUARY 6, 2004
Page 12 of 12
Approved with conditions.
E. NEXT MEETING DATE
March 5, 2004
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