Planning Board Staff Report




Miami Shores Village Town Hall  Council Chambers  10050 NE 2nd Avenue  Miami Shores

Hearing Date

May 26, 2011

Meeting Time

7:00 P.M.

File Number


Folio Number



Swiss Property Management Corp, 1480 NE 103rd St, Miami Shores FL 33138


Oliver Oberhauser, 1480 NE 103rd St, Miami Shores FL 33138


T. Todd Martin, 1111 Lincoln Rd Ste 802, Miami Beach FL

Property Address

1480 NE 103rd St, Miami Shores FL 33138

Legal Description

RE-PLAT OF TR C MIAMI SHORES BAY PARK ESTS PB 64-97 LOT 16 BLK 5 LOT SIZE IRREGULAR COC 22593-3480 08 2004 4 OR 27507-2435 1110 01

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency


Existing Structure

1-story; 3 bed/3 bath

Year Built




Special Approvals, Sections 600; Sec. 523 & Sec. 523.1:

Site Plan Approval, Sec. 604; Sec. 605: Construction, Addition second story.

Chapter 8.5 Flood Damage Prevention; Sec 8.5-54 Coastal high hazard areas(V-zones)

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Department of Health or DERM

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

May 9, 2011





The applicant is proposing to add a second story to an existing residence located on the Bay at the entrance to the 103rd Street canal.


The house may be described as minimalist cubist.


The structure is located in a coastal high hazard V-11 zone.  Substantial improvement of structures is prohibited within the coastal high hazard V-11 zone.


The second story addition would have a gym, two bedrooms and two bathrooms including a master bedroom and bathroom suite.


The applicant is proposing to add a second story to the existing residence that would cover the main floor.


The existing residence has a low slopped white concrete tile roof.  The applicant is proposing to replace the slopped roof with a flat roof. 




The structure is located in a coastal high hazard V-11 zone.


Chapter 8.5 Flood Damage Prevention

Article II. Definitions

Coastal high hazard area  means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-V30, VE, or V. 


Substantial improvement of residences in the V-11 zone is prohibited unless the residence is elevated.  In determining the value of improvements to determine if the construction proposed is a substantial improvement, all work carried out on the residence during a one-year period (see exception below) is included and will be added to the cost of the proposed work to determine the substantial improvement threshold.


Chapter 8.5 Flood Damage Prevention

Article II. Definitions

Substantial improvement  means any combination of reconstruction, rehabilitation, addition, or other improvement of a structure taking place during a one-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. 


The Miami-Dade County Property Appraiser has established a Building Value of $505,469.  The total cost of all improvement in a one-year period therefore can not exceed $252,734, 50% of the Building Value.  The one-year limitation does not apply to any cost that is related to a specific project, i.e. interior improvements to an addition count towards the total in determining substantial improvement even if you wait a year to begin the interior improvements because the expenses are related to the same project.


Other residences in the neighborhood have slopped roofs.  The Planning Board previously denied approval for a new flat roof in a neighborhood of slopped roofs.


The proposed improvements are prohibited if the work meets the definition of substantial improvement.  The architect has stated that the proposed work will not violate the substantial improvement rule however, it will be up to the village Building Official to make that determination.




The following recommendation is contingent upon the Planning Board approving the flat roof and the Planning Board finding that based on the representation of the Architect the proposed development is not a substantial improvement.


Planning and Zoning staff recommends APPROVAL of the site plan with a finding that it is consistent with the technical provisions of the Code.  However, the Planning Board must make a finding that the proposed improvements are harmonious with the community, as required in Section 523 of the Code and, in that regard, may add further conditions or delete or modify staff recommended conditions, deny the application, or continue the item for future consideration.  Should the board find that the applicant merits approval, staff recommends that the following conditions apply:


1)      Applicant to provide the Building Official a complete cost estimate for all work on the residence.  The Building Official may utilize the information provided however, it shall be the responsibility of the Building Official to determine the cost of improvements and the cost determination of the Building Officials shall be used to determine if the construction proposed is a substantial improvement.

2)      Substantial improvement to the residence as defined in Chapter 8.5 Flood Damage Prevention, Article II Definitions, shall be prohibited.

3)      Planning Board approval of the project shall not be valid if the estimated cost of improvements to the structure exceeds 50% of the Building Value as determined by the Miami-Dade Property Appraiser, 2010 Building Value $505,469.

4)      The building permit shall be revoked and all work on the project shall be halted by the Building Official if at any time during construction, the cost of improvements becomes a substantial improvement.

5)      Applicant to secure necessary DERM or Department of Health approval for the septic system prior to the issuance of a village building permit.

6)      Applicant to obtain all required building permits before beginning work.

7)      Applicant to meet all applicable code provisions at the time of permitting.

8)      This zoning permit will lapse and become invalid unless the work for which it was approved is started within one (1) year of the signing of the development order by the board chair, or if the work authorized by it is suspended or abandoned for a period of at least one (1) year.