HomeMy WebLinkAboutBOA 20040305
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, MARCH 5 , 2004 – 9:00 A.M.
City Hall – Commission Chambers, Third Floor
1700 Convention Center Drive, Miami Beach, Florida
A. PROGRESS REPORTS
1. 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
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.
The applicant shall present a progress report in order to address any 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 ti me frame for future reports.)
No further progress reports, unless staff is specifically advised that there
are documented code violations. Should this occur, the case will be
place d on the next available agenda for review.
2. FILE NO. 2921 TAPAS & TINTOS, INC. (formerly KIU, LLC)
448 ESPANOLA WAY
LOTS 1 TO 6 LESS N. 3 FT.; BLOCK 3 -B
FIRST ADDITION TO WHITMAN’S SUB. OF
ESPANOLA VILLAS; PB 9 -147
MIAMI-DADE COUNTY, FLORIDA
The applicant will present a progress report regarding the operation of this
BOARD OF ADJUSTMENT AFTER ACTION MARCH 5, 2004
Page 2 of 8
File No. 2921
Tapas & Tintos, Inc.
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 p remises. (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 April, 2004. The tenant is required to meet with
appropriate City staff within th e next 30 days (from 3/5/04) to discuss the
requirements for the legal operation of this business. If the tenant fails to
meet with staff, the Board shall move to revoke the modification.
3. FILE NO. 2684 CLAY HOTEL PARTNERSHIP, LTD.
a/k/a 1436 (LoveLife Corp.)
506 ESPANOLA WAY (a/k/a 1436 Drexel Avenue)
LOTS 1 AND 2; BLOCK 4B
ESPANOLA VILLAS 1st ADDITION
PLAT BOOK 9 –147; MIAMI-DADE COUNTY, FLORIDA
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.)
Progress Report due April, 2004. The applicant shall meet with
Planning staff for a better understanding of the conditions of the Order
and allowable uses for this establishment.
B. INTRODUCTION OF N EW TENANT
4. FILE NO. 2293 KATZ DELI SB, INC. d/b/a KATZ DELI
formerly MARSTEV, INC.
1430 WASHINGTON AVENUE
BOARD OF ADJUSTMENT AFTER ACTION MARCH 5, 2004
Page 3 of 8
NORTHERLY 30 FT. OF BLOCK 20
LESS THE WEST 243.5 FT.
OCEAN BEACH ADDITION NO. 3; PB 2/81
MIAMI-DADE COUNTY, FLORIDA
The new tenant at this establishment shall introduce himself to the Board and
present a performance report regarding the operation of the establishment,
which obtained a variance on February 8, 1993 in order to sell/serve
alcoholic beverages within the proximity of Feinberg-Fisher Elementary
School.
No further progress reports, unless staff is specifically advised that there
are documented code violations. Should this occur, the case will be
placed on the next available agenda for review.
5. FILE NO. 2777 HARPOMVID LLC d/b/a MIGA’S
formerly MAIRELY RODRIGUEZ (Tropical on the Beach)
1413-1415 WASHINGTON AVENUE
LOT 13; BLOCK 26
OCEAN BEACH ADDITION NO. 2
PLAT BOOK 2 -56; MIAMI-DADE COUNTY, FLA.
The new tenant at this establishment shall introduce himself to the Board and
present a performance report regarding the operation of the establishment,
which obtained a variance on December 1, 2000 in order to sell/serve
alcoholic beverages within the proximity of Feinberg-Fisher Elementary
School.
No further progress reports, unless staff is specifically advised that there
are documented code violations. Should this occur, the case will be
placed on the next available agenda for review.
6. FILE NO. 2892 KOKOMO JO MIAMI BEACH, INC. d/b/a BOY BAR
formerly NORM & DEE, CORP.
1220 NORMANDY DRIVE
LOTS 7 THRU 11 LESS S. 25 FT.; BLOCK 10
OCEANSIDE SECTION ISLE OF NORMANDY
PLAT BOOK 25-60; MIAMI-DADE COUNTY, FLA.
The new tenant at this establishment shall introduce herself to the Board and
present a performance report regarding the operation of the establishment,
which obtained a variance on September 6, 2002 in order to add liquor
BOARD OF ADJUSTMENT AFTER ACTION MARCH 5, 2004
Page 4 of 8
service at an existing nonconforming bar located within the proximity of the
Sephardic Congregation of Florida Synagogue.
No further progress reports, unless staff is specifically advised that there
are documented code violations. Should this occur, the case will be
placed on the next available agenda for review.
C. CONTINUED CASES
7. 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: This case shall not be heard today and will be continued to a future
meeting.
Continued to April, 2004.
8. 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 February 6, 2004.
NOTE: The applicant is modifying the application and therefore, this case
will not be heard today. Notification requirements shall be met when this
case proceeds.
Continued to April, 2004.
9. 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 February 6, 2004 meeting .
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
BOARD OF ADJUSTMENT AFTER ACTION MARCH 5, 2004
Page 5 of 8
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 April, 2004.
D. NEW CASES
10. FILE NO. 2992 RHP HOTEL ASSOCIATES, LLC
d/b/a THE RITZ PLAZA HOTEL
1701 COLLINS AVENUE
Lots 1,2, 19 and 20; the 30 ft. unnamed street adjacent to
and contiguous with the easterly line of Lots 1 & 2; and that area
lying easterly of the 30 ft. unnamed street adjacent to and contiguous
with the easterly line of Lots 1 & 2, Block 28
Fishers First Sub. Of Alton Road; PB 2-77; Miami-Dade County, Florida
NOTE: This case will not be heard today. The applicant has requested a
continuance to a future meeting.
Continued to April, 2004.
11. FILE NO. 2993 AMERICAN INTERSTATE CORP.
2200-2236 COLLINS AVENUE
LOTS 1 and 2; BLOCK 2
MIAMI BEACH IMPROVEMENT CO.’S OCEANFRONT
PLAT BOOK 5 -7; MIAMI-DADE COUNTY, FLORIDA
NOTE: This case will not be heard today. The applicant has requested a
continuance to a future meeting.
Continued to April, 2004.
12. FILE NO. 2994 ALTOS DEL MAR, LTD.
7825 ATLANTIC WAY
LOT 4; BLOCK 5
CORRECTED PLAT ALTOS DEL MAR NO. 1
PLAT BOOK 31-40; MIAMI-DADE COUNTY, FLORIDA
BOARD OF ADJUSTMENT AFTER ACTION MARCH 5, 2004
Page 6 of 8
The applicant is requesting the following setback variances in order to
construct a new single family with a metal roof.
1. A variance to waive 13’ – 8” of the minimum required 130’ – 0” rear
yard setback for the first 25’ – 0” of building height from the Miami
Beach Bulkhead to allow stairs, landings and a 2 nd floor terrace to be
constructed 116’ – 4” from the bulkhead line to the rear.
2. A variance to waive the required barrel tile or cement tile to permit a
metal roof on a pitched roof of a new single family residence.
Request No. 1: Denied without prejudice.
Request No. 2: Approved with conditions.
13. FILE NO. 2995 ALTOS DEL MAR, LTD.
7709 ATLANTIC WAY
LOT 5; BLOCK 6
CORRECTED PLAT ALTOS DEL MAR NO. 1
PLAT BOOK 31-40; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following setback variances in order to
construct a new single family with a metal roof.
1. A variance to waive 8’ – 3” of the mini mum required 130’ – 0” rear yard
setback for the first 25’ – 0” of building height from the Miami Beach
Bulkhead to allow stairs and a 2 nd floor terrace to be constructed 121’
– 9” from the bulkhead line to the rear.
2. A variance to waive 2’ – 0” from the minimum required 5’ – 0” interior
side yard setback in order to construct two separate sets of stairs and
allow projections of habitable space from all (3) three floors 3’ – 0”
from the north property line.
3. A variance to waive 2’ – 0” from the minimum required 5’ – 0” interior
side yard setback in order to construct two separate sets of stairs and
allow the projection of habitable space from the 3 rd floor only 3’ – 0”
from the south property line.
Denied without prejudice.
14. FILE NO. 3000 PAPAY, INC. d/b/a TAP TAP RESTAURANT
819 FIFTH STREET
WEST 40 FT. OF LOTS 7 and 8; BLOCK 74
BOARD OF ADJUSTMENT AFTER ACTION MARCH 5, 2004
Page 7 of 8
OCEAN BEACH ADDITION NO. 3
PLAT BOOK 2 -81; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the followi ng variance in order to exceed the
maximum permitted size for a permanent building identification sign:
1. A variance to exceed the maximum permitted size of 10.5 square feet
for a building identification sign by 31.3 square feet to allow a 41.8
square feet sign to be placed on top of the building parapet wall facing
south on 5 th Street.
Approved with conditions.
15. FILE NO. 3003 LOFTS AT SOUTH BEACH, INC.
1403 DADE BLVD.
LOTS 1 and 2; BLOCK 16
ISLAND VIEW SUBDIVIS ION
PLAT BOOK 6 -115; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following after-the -fact variance in order to
retain a non-conforming driveway width and an after-the -fact variance to
retain one undersize tandem parking space.
1. An after-the –fact variance to waive 2” (two inches) of the minimum
required 8’–0” tandem parking width with adjacent columns in order to
retain a width of 7’ – 10” for one tandem parking with two spaces.
2. An after-the variance to waive a range of 2’ – 0” and 6’ – 0” of the
minimum required 22’ – 0” driveway width in order to retain a width
ranging from 20’ – 0” to 16’ – 0” in order to retain a non-conforming
driveway at three different locations.
Approved with conditions.
16. FILE NO. 3004 NERY YNCLAN
770 W. 50TH STREET
LOT 3 and the EAST 15 FT. OF LOTS 1 and 2
BLOCK 26; LAKEVIEW HEIGHTS SUBDIVISION
PLAT BOOK 27-5; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to construct a
two -story addition to the rear of an existing single family home including a
variance for the placement of two (2) A/C units within a required side yard:
BOARD OF ADJUSTMENT AFTER ACTION MARCH 5, 2004
Page 8 of 8
1. A variance to waive 1’ – 4” of the minimum required 7’ – 6” interior
side yard setback in order to allow construction of a two -story addition
to the rear of the existing single family residence 6’ - 2” from the north
property line following the existing setback.
2. A variance to waive 2’ – 10” of the minimum required 7’ – 6” interior
side yard setback in order to allow construction of a two -story addition
to the rear of the existing single family residence 4’ - 8” from the south
property line following the existing setback.
3. A variance to waive 2’ – 10” of the minimum required 7’ – 6” interior
side yard setback in order to permit the placement of a two (2) A/C
units within the required side yard 4’ - 8” from the south property line.
Approved with conditions.
E. NEXT MEETING DATE
April 2, 2004
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.
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