Planning Board Staff Report




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

Hearing Date

October 21, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



Alejandro Bonet, 1361 NE 104th Street, Miami Shores FL 33138





Property Address

1361 NE 104th Street


Legal Description

32 52 42 RIVER BAY PARK ADDN PB 40-72 LOT 2 BLK 3 LOT SIZE 75.000 X 119 OR 16799-0275 0595 1 COC 21901-2842 11 2003 1

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

2-story; 3 bed/2 bath

Year Built




Special Approvals, Sections 600, 523 & 534:

Site Plan Approval, Article 15. Waterfront Lands .Sec. 534

Development, Dock and Boat Lift

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits


Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

September 22,2010





The applicant has a property that backs onto the Biscayne Canal.


Applicant was sited for construction of a boat lift without approval.


The boat lift is attached to an existing dock that was previously approved and is attached to an existing seawall.


The boat lift has been granted preliminary approval by the DERM Coastal Section.


The boat lift is located approximately 15 feet from the westerly side lot line.  The dock is 7 feet wide and extends 40 feet along the seawall.  The Boat lift extends an additional 10 feet into the canal.  There are no lights on the dock or boat lift.




DERM has the major responsibility for approving docks and boat lifts and has provided preliminary approval for the boat lift.


The boat lift extends approximately 17 feet into the canal measured from the seawall and does not have reflectors or lights.  The board has required reflectors, lights or both and it is advisable to add lights to identify the location of the boat lift.


The proposed site plan is consistent with the technical provisions of the Code.




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 and Zoning 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 secure final DERM approval before a building permit will be issued.

2)      Applicant to obtain a building permit before commencing work.

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

4)      Applicant to add posts with lights to the outside of the boat lift to mark its farthest extension into the canal.

5)      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.