HomeMy WebLinkAboutBOA 20001201Page 1 of 8
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
CITY HALL 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, F LORIDA 33139 TELEPHONE: (305) 673-7550
FACSIMILE: (305) 673-7559
B O A R D O F A D J U S T M E N T
A F T E R A C T I O N
FRIDAY, DECEMBER 1, 2000 - 9:00 A.M.
A.PROGRESS REPORTS
1.FILE NO. 2301 M-1 DEVELOPMENT CORP.
d/b/a SUNTERRA RESORT
425 and 455 OCEAN DRIVE
The applicant will present a progress report regarding variances initially
granted on May 7, 1993 for substantial rehabilitation of an existing
apartment/hotel. The presentation of this report is a condition of the
Modified Order dated June 2, 2000. (Note: This applicant is presently
required to present bi-monthly reports until a final Certificate of Occupancy
is received. After the issuance of such Certificate, the applicant shall present
yearly status reports).
FINAL CERTIFICATE OF OCCUPANCY ISSUED - NEXT PROGRESS REPORT IN DECEMBER
2001
2.FILE NO. 2366 DAGAM OIL CO., INC.
331 - 23rd STREET
The applicant will present a progress report regarding conditions associated
with modifications to the approval of a variance to change copy on a
detached sign from AFINA @ to ACITGO@. The Modified Order is dated June 2,
2000.
ALL CONDITIONS SATISFIED - NO MORE PROGRESS REPORTS
B.CONTINUED CASES
3.FILE NO. 2769 NATHAN RATNER TESTAMENTARY TRUST
1026-1036 LINCOLN ROAD
Page 2 of 8
This case was continued from the meetings of October 6, and October 27,
2000.
The applicant is requesting the following variance in order to construct a one
story addition at the rear of the existing building:
1.A variance to waive all of the required rear yard setback of 5 feet in
order to construct an addition to an existing building along the rear
property line facing the alley (Lincoln Lane South).
APPROVED WITH THE FOLLOWING CONDITIONS:
1.The applicant sha ll comply with all the conditions imposed by the Joint Design
Review/Historic Preservation Board.
2.The building shall always maintain two garbage rooms as shown on the plans
and enclosed by opaque roll-up doors.
3.There shall not be any exterior vents, pipes, meters, equipment, etc. on the rear
elevation which encroaches into the right-of-way.
4.Should the proposed space be leased or otherwise made available for the
operation of a restaurant or other similar eating and drinking establishment,
such modification shall be brought back to the Board of Adjustment to address
operational issues in order to mitigate any negative impact on the adjoining
residential uses.
5.The applicant shall comply with all conditions imposed by the Public Works
Department.
6.The applicant shall resolve any outstanding City Liens prior to obtaining a
Building Permit.
7.The project, inclusive of compliance with the conditions imposed, herein, shall
receive a full building permit within one year of the date of the approval and be
completed as per the South Florida Building Code.
4.FILE NO. 2770 NATHAN RATNER TESTAMENTARY TRUST
1026-1036 LINCOLN ROAD
APPEAL FROM ADMINISTRATIVE DECISION
Page 3 of 8
This case was continued from the meetings of October 6 and October 27,
2000.
The applicant is appealing an August 8, 2000 administrative decision made
by the Planning and Zoning Director. The administrative decision states that
Lincoln Lane is an alley and not a street and therefore the rear setback for
the subject property should be 5 feet. The applicant contends that Lincoln
Lane South is a street, which enables the subject property to have two
Afronts@ for zoning purposes and therefore, no setback is required along the
alley.
WITHDRAWN BY APPLICANT
C.NEW CASES
5.FILE NO. 2766 EMILIO MANTERO-ATIENZA
278 PALM AVENUE
The applicant is requesting the following variances in order to construct an
accessory swimming pool, deck and spa for an existing single family
residence:
1.A variance to waive 14 feet of the minimum required front yard
setback of 20 feet in order to construct a deck 6 feet from the front
property line and a swimming pool 7.5 feet from the front property line
facing South Coconut Lane.
2.A variance to waive 5.5 feet of the minimum required interior side yard
setback of 7.5 feet in order to construct a deck 2 feet from the west
interior side yard and a swimming pool 5 feet from the west interior side
yard.
APPROVED WITH THE FOLLOWING CONDITIONS:
1.A landscape plan for the entire site shall be submitted to and approved by
staff before a building permit is issued for construction of the swimming
pool and deck. The landscape plan shall pay particular attention to the
pool deck along the west side yard.
2.If the driveway gates can not be made to satisfy the requirements of the
pool safety barrier as determined by the Building Official, then an
additional fence shall be installed between the pool deck and driveway.
Page 4 of 8
3.The applicant shall comply with all conditions imposed by the Public Works
Department.
4.The project, inclusive of compliance with the conditions imposed, herein,
shall receive a full building permit within one year of the date of the
approval and be completed as per the South Florida Building Code.
5.Staff shall provide a status report in one year. Unless there is a problem, the
applicant shall not have to be present.
6.FILE NO. 2758 GARY DAVENPORT
1775 JEFFERSON AVENUE
The applicant is requesting the following variance in order to install a canvas
and pipe carport in the front yard of an existing single family residence:
1.A variance to exceed the maximum permitted size for a canvas and
pipe carport, located in the front yard of a single family residence, of
20 feet by 20 feet by 10' high in order to install a 29.6' by 20' by 12' high
canvas and pipe carport.
WITHDRAWN BY APPLICANT
7.FILE NO. 2773 63rd STREET ASSOCIATES, LTD.
250 W. 63rd STREET (a/k/a AQUA)
The applicant is requesting the following variances in order to construct
twelve (12) units to be used as guest suites which do not meet the minimum
unit size and parallel parking spaces narrower than permitted by code:
1.A variance to waive 563 sq. ft. of the minimum required apartment
unit size of 1000 sq. ft. in order to construct 12 units with sizes ranging
from 437 sq. ft. to 743 sq. ft.
2.A variance to waive 1.5' of the minimum required parking space width
of 8.5' in order to provide parallel parking spaces with a width of 7'.
VARIANCE #1 - CONTINUED TO NEXT MEETING - APPLICANT MUST MEET WITH LA
GORCE ISLAND, ALLISON ISLAND AND PINETREE HOMEOWNERS ASSOCIATIONS.
VARIANCE #2 - APPROVED WITH THE FOLLOWING CONDITIONS:
Page 5 of 8
1.The Public Works, Fire Depart ment, Police, Sanitation and any other
applicable City Department shall approve the layout of the parking
and the width of the streets located within this development.
8.FILE NO. 2777 MAIRELY RODRIGUEZ
d/b/a TROPICAL ON THE BEACH
1415 WASHINGTON AVENUE
The applicant is requesting the following variance in order to sell/serve beer,
wine and liquor at a proposed restaurant:
1.A variance to waive 200 feet of the minimum required 300 feet
separation between a business that sells/serves alcoholic beverages
and an educational facility in order to sell/serve beer and wine and
liquor at a proposed restaurant 100 feet from Fisher-Feinberg
Elementary School.
APPROVED WITH THE FOLLOWING CONDITIONS:
1.The establishment shall be permitted to install one business identification
sign with a maximum size of 28 sq. ft. No other signage shall be permitted
on the windows of the establishment with the exception of the a sign
showing address, phone number and hours of operation. A menu board
may be affixed to a window with a maximum area of 3 sq. ft. All signs
require a building permit and staff Design Review approval.
2.The obscuri ng or blocking of windows with restaurant equipment shall not
be permitted, unless otherwise approved by the Historic Preservation Board.
3.Alcoholic beverages shall only be served with meals and consumed on the
premises. There shall be no sale of package goods.
4.The applicant shall repair or replace the alley portion directly behind the
establishment as may be required by public works.
5.The applicant shall satisfy any City Liens before a Certificate of Use and
Occupational License is issued.
6.The Board shall retain jurisdiction of this file. The applicant must present a
progress report in three months to the Board; the Board shall then
determine the necessity and timing of subsequent reports. The Miami
Beach Police Department and the Dade County School Board shall be
notified of these progress reports.
Page 6 of 8
7.The property owner shall be responsible for compliance with all of the
conditions of this variance. The current operator and any subsequent
operators of the business shall be specifically apprised of all conditions.
Subsequent operators shall be required to appear before the Board to
affirm their understanding of the conditions listed, herein.
8.If there is any change in use or operation of the establishment, including
but not limited to the establishment attempting to become either a bar
or dance hall use, or in the event the restaurant use ceases to exist for any
reason (except for temporary closure during a season or remodeling, both
for a period up to six months), the variance shall automatically become null
and void.
9.Debris, on the sidewalk and in the gutter in front of the establishment,
including that which has been deposited by non-patrons, shall be picked
up every day before school opens and before noon on non-school days.
9.FILE NO. 2778 PHILIPS SOUTH BEACH, L.P.
1901 COLLINS AVENUE
The applicant is requesting the following variances in order to construct a
swimming pool, decks, a jacuzzi and three pergolas in the rear yard of an
oceanfront hotel currently under construction:
1.An Aafter the fact @ variance to waive 9.7' of the minimum required 15'
side setback facing a street for accessory structures located within the
AOceanfront Overlay District (50' west of the bulkhead line) in order to
complete the construction a jacuzzi 5.3' from the side property line
facing 20th Street.
2.An Aafter the fact @ variance to waive 4' of the minimum required 15'
side setback facing a street in order to continue constructing a pool
pergola 11' from the side yard facing 20th Street.
3.A variance to waive all of the minimum required 15' side setback for
decks in order to construct a pool deck up to the north side property
line facing 20th street.
4.An Aafter the fact variance@ to waive 4' - 5" of the minimum required
side setback for structures located within the AOceanfront Overlay
District (50' west of the bulkhead line) in order to retain and continue
construction on a swimming pool and cabana pergola 10' - 7" from the
south property line.
5.A variance to waive 10' - 1" of the minimum required 15' side setback
for decks located within the AOceanfront Overlay District (50' west of
Page 7 of 8
the bulkhead line) in order to construct a pool deck 4' - 11" from the
south interior lot line.
6.A variance to waive 1' of the minimum required 15' side setback for
structures located within the Dune Preservation Overlay District in
order to retain a massage pergola 14' from the south interior lot line.
7.An Aafter the fact @ variance to waive all of the minimum required 10'
rear setback for structures and decks from the bulkhead line in order
to retain a swimming pool and deck which projects past the bulkhead
line into the Dune Preservation Overlay District
VARIANCES 1 THRU 7 APPROVED WITH THE FOLLOWING CONDITIONS:
1.The applicant shall redesign the rear layout within the oceanfront overlay
area to comply with the required 50% open space.
2.The cabana pool deck shall be reduced in width along the south side yard
to provide a 6' - 7" setback and to allow a 4' deck on the south side of the
pool.
3.The applicant has agreed to allow the proposed beach walk, as currently
designed, along the rear of the property.
4.The applicant shall comply with any conditions required by the public works
department.
Note : The following variances were discovered upon staff=s review of the plans
submitted for the above variances. These subsequent variances have not been
noticed and are mentioned here only for informational purposes. The Board may
not render a decision on these variances at the December 1, 2000 meeting.
8.A variance to exceed by the maximum permitted lot coverage of 50%
within the Oceanfront Overlay district. (At this time the actual
percent being waived cannot be determined)
9.A variance to waive Section 142-774(2) which only permitted decks
and structures located within the Dune Preservation Overlay District
to be constructed of wood materials, in order to retain a concrete
pool and deck and to construct additional concrete and tile decks
and benches.
10.An Aafter the fact @ variance to exceed by approximately 1.5' the
maximum permitted height of 5' for walls and fences along a side
property line facing a street in order to retain a 6.5' high wall along the
north property line facing 20th street.
Page 8 of 8
VARIANCE #8 WILL NO LONGER BE NECESSARY AND VARIANCE #9 & 10 WILL BE HEARD
ON JANUARY 5, 2000.
10.FILE NO. 2779 WILLIAM GOLDSMITH
1820 W. 25th STREET
The applicant is requesting the following variance in order to construct a
detached pool house adjacent to an existing single family residence:
1.A variance to waive 16.1' of the minimum required west side yard of
23.6' in order to construct a pool house 7.5' from the east side yard. The
applicant is proposing a sum of the side yards of 21.4' and the code
requires a side yard sum of 37.5'.
CONTINUED TO THE JANUARY 5TH MEETING
11.FILE NO. 2780 MORTON TOWERS APARTMENT, L.P.
1500 AND 1536 BAY ROAD
The applicant is requesting the following variance in order to allow
commercial accessory uses on the third floor of an apartment building
currently under construction:
1.A variance to waive Section 142 -902,(2) which only permits accessory
commercial uses in apartment buildings to be located on the
subterranean, ground or top floor of the building and prohibits
accessory commercial uses on any floor containing residential units, in
order to provide accessory commercial uses on the third floor.
APPROVED WITH THE FOLLOWING CONDITIONS:
1.The accessory uses shall have no signs visible from the building=s exterior or
the City=s Right of Way.
2.The commercial accessory uses shall be limited to those allowed in the RM-3
district as outlined in the City of Miami Beach =s Comprehensive Plan
relevant to residential apartment buildings.
3.The accessory uses shall be used only by residents and their guests.
Page 9 of 8
4.The applicant shall comply with all conditions imposed by the Public Works
Department.
5.The project, inclusive of compliance with the conditions imposed, herein, shall
receive a Building Permit within one year of the date of this meeting.
12.FILE NO. 2781 SOUTH BEACH RESORT DEVELOPMENT, LLC
1458 OCEAN DRIVE
The applicant is requesting the following variances in order to construct a
new 50' high, 80 unit hotel with retail and restaurant accessory uses:
1.A variance to waive 15' of the minimum required front yard setback
of 20' in order to construct the above building with a setback of 5' from
the front property line facing Collins Avenue.
2.A variance to waive 248 sq. ft. of the minimum required open
courtyard of 441 sq. ft. in order to construct the above building with
a courtyard facing Collins Avenue of 193 sq. ft.
3.A parking variance to waive 19% of the total required parking. The
proposed building requires 111 parking spaces and the applicant
would like to provide only 90 parking spaces.
CONTINUED TO THE JANUARY 5TH MEETING
JGG/AV/av
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