HomeMy WebLinkAboutBOA 20041105CITY 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, NOVEMBER 5, 2004 – 9:00 A.M.
A. CORRECTION REGARDING PREVIOUSLY APPROVED CASE
1. FILE NO. 3014 DOUGLAS W. SWALINA
405 W. DILIDO DRIVE
LOT 8; BLOCK 10; DILIDO ISLAND
PLAT BOOK 8 – 36; MIAMI-DADE COUNTY, FLORIDA
This case was approved by the Board on August 6, 2004. Due to a
typographical error in the Final Order, the applicant is required to resubmit his
application in order to clarify a discrepancy on variance request #1. The
applicant is requesting the following After-the-Fact front yard setback
variance and an After-the-Fact variance to retain the metal roof of an
accessory structure located within the front required yard facing 4th Terrace:
VARIANCE #1: CORRECTED REQUEST
1. An after-the-fact variance to waive 8’ – 5” 11’ – 7” of the minimum
required 20’ – 0” front yard setback in order to retain an existing one-
story accessory structure 11’ – 6” 8’ – 5” from the front property line
facing 4th Terrace.
VARIANCE #2: APPROVED ON 8 / 6 / 2004:
2. An after-the-fact variance to waive the required barrel tile or cement
tile in order to retain a metal roof on a pitched roof of an accessory
structure within the required front yard.
APPROVED.
B. PROGRESS REPORT
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
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 2 of 11
File No. 2921: Tapas & Tintos, Inc.
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 IN SIX MONTHS.
C. EXTENSIONS OF TIME
3. FILE NO. 2966 WILLIAM GOLDSMITH
1820 WEST 25TH STREET
LOT 6 AND THE WESTERLY ½ OF LOT 5; BLOCK 2H
SUNSET ISLAND NO. 2; PLAT BOOK 40-8
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a modification to a condition of approval for a
variance associated with a one story detached pool house with a guest
quarters, bathroom, recreation room and covered terrace to the southwest of
the existing single family residence. Condition No. 4 of the October 3, 2003
Order requires that the building permit be issued by October 3, 2004 and that
the project be completed by October 3, 2005. The applicant is requesting an
extension of time for the building permit to be obtained by October 3, 2005
and for the project to be completed by October 3, 2006.
Final Order: Modified Condition #4:
4. The applicant shall obtain a building permit within one (1) two (2)
years of the date of this hearing and complete the project within two
(2) three (3) years of the date of the hearing. If the building permit is
not obtained or construction is not completed 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.
APPROVED.
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 3 of 11
4. FILE NO. 2970 TEMPLE BETH SHOLOM, INC.
4100 CHASE AVENUE
LOTS 37 AND 38; BLOCK 2
NURSERY SUBDIVISION; PLAT BOOK 23 - PAGE 66
MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting a modification to a condition of approval with
variances associated with the construction of a new twenty (20) space at-
grade parking lot. Condition No. 6 of the October 3, 2003 Order requires that
the building permit be issued by October 3, 2004 and that the project be
completed by October 3, 2005. The applicant is requesting an extension of
time for the building permit to be obtained by October 3, 2005 and for the
project to be completed by October 3, 2006.
Final Order: Modified Condition #6:
6. The applicant shall obtain a building permit within one (1) two (2)
years of the date of this hearing and complete the project within two
(2) three (3) years of the date of the hearing. If the building permit is
not obtained or construction is not completed 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.
APPROVED.
D. MODIFICATION
5. FILE NO. 2684 CLAY HOTEL PARTNERSHIP, LTD.
a/k/a TANGERINE 1436 (LoveLife Corp.)
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
This case is continued from the meeting of October 1, 2004.
As per City of Miami Beach Code Section 118-356: Revocation or
modification of variance, the Board of Adjustment has set a public hearing to
modify conditions of a variance which permitted the sale and service of
alcohol within the minimum required distance separation from an educational
facility.
APPROVED.
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 4 of 11
E. CONTINUED CASES
6. FILE NO. 3036 LG 94, LLC
94 LA GORCE CIRCLE
PORTIONS OF LOTS 1 AND 2
SUBDIVISION OF BLOCK 5; LA GORCE ISLAND
PLAT BOOK 44-56; MIAMI-DADE COUNTY, FLORIDA
APPEAL FROM ADMINISTRATIVE DECISION
This case is continued from the meeting of October 1, 2004.
The applicant is appealing an administrative decision with regards to the
height determination for a new single family residence issued by the Planning
Director and the Public Works Director which shows that the structure as
constructed exceeds the maximum permitted height by 6 inches.
WITHDRAWN.
7. 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
This case is continued from the meeting of October 1, 2004.
The applicant is requesting the following variances in order to recreate a
historic structure including an addition to an existing historic building with
retail and residential units.
1. A variance to waive the minimum required front yard pedestal setback
for residential use ranging from 20’ – 0” to 16’ - 0” between the 2nd and
4th floor in order to recreate a historic building and addition with a
setback ranging from none to 4’- 0” from the south property line facing
22nd Street.
2. A variance to waive the minimum required interior side yard pedestal
setback for residential use ranging from 7’ – 6” to 2’ – 6” between the
2nd and 4th floor in order to recreate a historic building and addition
with a setback ranging from none to 3’- 0” from the interior property
line.
3. A) A variance to waive 2’ – 6” from the minimum required 7’ – 6” side
yard pedestal setback facing the street for residential use on the 2nd
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 5 of 11
floor in order to recreate portions of a historic building setback 5' - 0"
from the east property line facing Collins Avenue.
File No. 2993: American Interstate Corp.
2200-2236 Collins Avenue
B) A variance to waive 3’ – 0” from the minimum required 8’ – 0” sum
of the side yard setback in order to recreate portions of a historic
building setback 5’- 0” from the east property line facing Collins
Avenue.
CONTINUED TO DEC. 3, 2004.
8. FILE NO. 3038 BRIAN GATES
170 S. HIBISCUS DRIVE
LOT 25 AND 20 FT. STRIP ADJ.; BLOCK 3
HIBISCUS ISLAND; PLAT BOOK 8-75
MIAMI-DADE COUNTY, FLORIDA
This case is continued from the meeting of October 1, 2004.
The applicant is requesting the following After-the-Fact variance to retain a
walkway that exceeds the maximum permitted width, as an allowable
encroachment within the front required yard facing South Hibiscus Drive:
1. An After-the Fact variance to exceed by 2’ – 0” the maximum
permitted walkway width of 3’ – 0” in order to retain a 5’ – 0”
walkway within the front required yard facing South Hibiscus
Drive.
CONTINUED TO DEC. 3, 2004.
9. FILE NO. 3046 RITZ PLAZA, LLC a/k/a THE RITZ PLAZA HOTEL
1701 COLLINS AVENUE
LOTS 1,2,19 & 20; and ADJACENT TO &
CONTIGUOUS WITH THE EASTERLY LINE
OF LOTS 1 & 2
FISHERS FIRST SUB. OF ALTON ROAD
PLAT BOOK 2-77; MIAMI-DADE COUNTY, FLORIDA
NOTE: THIS CASE HAS NOT YET RECEIVED HISTORIC
PRESERVATION BOARD APPROVAL, AND THEREFORE, WILL NOT BE
HEARD AT TODAY'S MEETING.
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 6 of 11
This case is continued from the meeting of October 1, 2004.
The applicant is requesting an interior side yard pedestal setback variance
from the north interior property line in order to permit the construction of
accessibility ramps and stairwells as part of the renovation and addition to
an existing historic hotel.
CONTINUED TO DEC. 3, 2004.
10. FILE NO. 3051 GUMENICK FAMILY INVESTMENTS #2, LTD.
a/k/a THE SHOPPES AT WEST AVENUE
959 WEST AVENUE
LOTS 8 THRU 15 INCLUSIVE; BLOCK 3
AMENDED PLAT OF FLEETWOOD SUBDIVISION
PLAT BOOK 28-34; MIAMI-DADE COUNTY, FLORIDA
This case is continued from the meeting of October 1, 2004.
The applicant is requesting the following variance to illuminate and exceed
the maximum permitted size of non-illuminated signs for each of the
allowed accessory uses of an existing parking garage:
1. A variance to exceed the maximum permitted accessory use non-
illuminated sign area of 10 square feet by 10 square feet in order to
permit a maximum of 20 square feet illuminated signs (backlit only) for
each of the permitted accessory uses in the garage.
APPROVED.
F. NEW CASES
11. FILE NO. 3053 ANTHONY CAPANO
2820 LUCERNE AVENUE
LOT 7, BLOCK 1B
THIRD REVISED PLAT OF SUNSET ISLANDS
PLAT BOOK 40-8; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a two (2) story addition:
1. A variance to waive 3’ - 6” of the minimum required sum of the side
yards of 11’ - 0” to construct an addition at 7’ - 6” from the north
interior property line.
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 7 of 11
2. A variance to waive 0’ – 6” of the minimum required side interior
setback of 8’ – 0”, in order to construct an addition at 7’ - 6” from the
north interior property line.
APPROVED.
12. FILE NO. 3054 HOLLYWOOD ENTERPRISES, INC.
a/k/a MIMOSA MARE
6526 COLLINS AVENUE
LOT 21; BLOCK 7
AMENDED PLAT OF SECOND OCEANFRONT SUB.
PLAT BOOK 28-28; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of a new five (5) story mixed-use building:
1. A variance to waive 9’ - 9 1/2” of the required rear pedestal setback of
14’ - 9 ½” in order to build a parking garage for required residential use
spaces at 5’ - 0” from the rear (west) property line.
2. A variance to waive all of the required interior side pedestal setback of
7’ - 6” in order to build the north side of the residential parking garage
along the north property line.
3. A variance to waive 11’ - 0” of the required drive width of 22’ - 0” for
two-way traffic in order to provide access to 20 parking spaces with a
drive width of 11’ - 0”.
APPROVED.
13. FILE NO. 3055 MIAMI BEACH COMMUNITY DEVELOPMENT CORP.
d/b/a THE WESTCHESTER PLAZA APTS.
516 - 15TH STREET
LOT 2; BLOCK 74; LINCOLN SUBDIVISION
PLAT BOOK 9-69; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance to exceed the maximum
permitted projection within the required front yard setback and variances to
exceed the maximum permitted wall height within the east and west interior
side yards in order to reconstruct a historic porch, piers and wing walls
original to the building:
1. A variance to exceed by 10’ – 6” the maximum permitted projection of
3’ – 8” in order to reconstruct a historic porch and piers set back nine
(9”) inches from the front property line facing 15th Street.
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 8 of 11
2. A variance to exceed by 5’ – 0” the maximum permitted wall height of
7’ – 0” in order to reconstruct a historic wing wall and gate with a
height of 12’ – 0” extending within the required east interior side yard
setback.
3. A variance to exceed by 5’ – 0” the maximum permitted wall height of
7’ – 0” in order to reconstruct a historic wing wall and gate with a
height of 12’ – 0” extending within the required west interior side yard
setback.
APPROVED.
14. FILE NO. 3056 MARILYN BLANCO-REYES
2125 NORTH BAY ROAD
LOT 26, BLOCK 14
SUNSET LAKE SUBDIVISION AMENDED PLAT
PLAT BOOK 8-52; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of a two (2) story addition on the north side of the property:
1. A variance to waive 3’ - 0” of the required sum of the side yards of 15’ -
0” to build a two (2) story addition at 6’ - 0” from the interior north side
property line and retain an existing uncovered loggia located at 6’ - 0”
from the interior south property line.
2. A variance to waive 1’ - 6” of the minimum required 7’ - 6” interior side
yard setback in order to construct a two (2) story addition at 6’ - 0”
from the north interior property line.
APPROVED.
15. FILE NO. 3057 WATERSTONE HOMES, INC.
a/k/a POSITANO TOWNHOMES
600 – 76TH STREET
LOT 6, BLOCK 24; ALTOS DEL MAR NO. 3
PLAT BOOK 8-41; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit the
construction of a new three (3) story residential development:
1. A variance to waive a range between 5’ – 0” and 14’ – 8” of the
minimum required 20’ – 0” front yard pedestal setback in order to
construct a new three (3) story multifamily residential building set back
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 9 of 11
between 15’ – 0” and 5’ – 4” from the front property line facing the
northeast corner of Carlyle Avenue and 76th Street.
2. A variance to waive 1’ - 3” of the minimum required 11’ – 3” rear
pedestal setback in order to construct a new three (3) story multifamily
residential building set back 10’ – 0” from the rear property line.
File No. 3057: Waterstone Homes, Inc.
600 – 76th Street
3. A variance to waive 2’ - 6” of the minimum required 7’ – 6” interior side
yard pedestal setback in order to construct a new three (3) story
multifamily residential building 5’ - 0” from the south property line.
4. A variance to exceed by a range between 3’ – 9” and 18’ – 0” the
maximum permitted walkway width of 3’ – 0” within a required yard in
order to permit walkways that range between 6’ – 9” and 21’ – 0” in
width facing Carlyle Avenue and 76th Street.
5. A variance to waive six (6”) inches of the minimum required 8’ – 6” off-
street standard parking space width in order to provide four (4) parking
spaces with a width of 8’ – 0” each.
APPROVED.
16. FILE NO. 3058 GE INVESTMENT GROUP INC.
1411 NORMANDY DRIVE
LOT 34, BLOCK 18
SECOND REVISED PLAT OF PORTIONS OF
OCEAN SIDE SECTION and TROUVILLE SECTION
OF ISLE OF NORMANDY
PLAT BOOK 40-35; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following building height variance in order
to permit the construction of a new two (2) story single family residence:
1. A variance to exceed by 2’ – 10” the maximum permitted building
height of 25’ – 0” as measured from grade in order to permit the
construction of a new two (2) story single family residence with a
27’ – 10” total building height.
DENIED.
17. FILE NO. 3059 STEVEN & DONNA POTOLSKY
3330 FLAMINGO DRIVE
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 10 of 11
LOT 6, BLOCK 5
FLAMINGO TERRACE SUB.
PLAT BOOK 10-3; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variances in order to permit
the construction of a new swimming pool and a pool deck within the
required front and side setbacks of the property:
1. A variance to waive a range of 11’ – 11” and 17’ – 11 ½ of the
minimum required 20’ – 0” front yard setback in order to permit the
construction of a new swimming pool & spa set back 8’ – 1” and a pool
deck set back 2’ – ½” from the front property line facing Flamingo
Drive.
2. A variance to waive 2’ - 6” of the minimum required 7’ – 6” interior side
yard setback in order to permit the construction of a new pool deck
5’ - 0” from the north interior side property line.
3. A variance to waive 1’ – 0” of the minimum required 2’ – 0” front yard
setback in order permit the construction of a 6’ – 0” high privacy wall
set back 1’ - 0” from the front property line facing Flamingo Drive.
APPROVED.
18. FILE NO. 3060 JEFFERSON INVESTMENT CORP.
557 MERIDIAN AVENUE
LOT 16, BLOCK 57; OCEAN BEACH ADDITION NO. 3
PLAT BOOK 2-81; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a one story addition at the rear of the property:
1. A variance to waive all of the minimum required 5’ – 0” rear yard
setback in order to construct a one (1) story addition with no set back
from the rear (east) property line.
APPROVED.
19. FILE NO. 3061 JEAN MARIE & GREG KOURI
2012 NORTH BAY ROAD
LOT 19, BLOCK 15
AMENDED SUNSET LAKE SUBDIVISION
PLAT BOOK 9-145; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a swimming pool at the rear (Northwest corner) of the
BOARD OF ADJUSTMENT AFTER ACTION NOVEMBER 5,
2004
Page 11 of 11
property:
1. A variance to waive 4’ - 0” of the minimum required 9’ - 0” interior side
yard setback to the water’s edge in order to permit the construction of
a new swimming pool set back 5’ - 0” from the north interior side
property line to the water’s edge.
APPROVED.
20. FILE NO. 3062 REBECCA FARKAS
5005 LAKEVIEW DRIVE
LOTS 14 and 15, BLOCK 31
LAKE VIEW SUBDIVISION
PLAT BOOK 14-42; MIAMI-DADE COUNTY, FLORIDA
The applicant is requesting the following variance in order to permit the
construction of a two (2) story addition at the Northeast side of an existing
single family residence:
1. A variance to waive 13’ – 11” of the minimum required interior side
yard of 25’ - 11” to construct a two (2) story addition at 12’ - 0” from the
interior side property line.
APPROVED.
G. NEXT MEETING DATE
December 3, 2004
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