C7I - Waive Variance Fees for 6801 Indian Creek
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VARIANCE FEE WAIVER FOR 6801 INDIAN CREEK DRIVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 2.2.3.5 OF THE RESILIENCY CODE, A WAIVER OF THE APPLICABLE FEES ASSOCIATED WITH THE VARIANCE APPLICATION FOR THE PROPERTY LOCATED AT 6801 INDIAN CREEK DRIVE; AND FINDING THAT (1) THE VARIANCE APPLICATION WAS SUBMITTED TO ADDRESS REQUIREMENTS RELATED TO COMPLIANCE WITH THE RECERTIFICATION OF THE BUILDING, AND (2) THE APPLICANT HAS DEMONSTRATED A FINANCIAL HARDSHIP.
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Detailed Information
Cached: 2 days agoResolutions - C7 I
COMMISSION MEMORANDUM
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt the Resolution granting a waiver of the applicable fees associated with a variance application for the property located at 6801 Indian Creek Drive.
BACKGROUND/HISTORY
On February 26, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred an ordinance amending the Land Development Regulations of the City Code (LDRs) to the Planning Board (C4 D), to establish a fee waiver provision for variance applications related to building recertification requirements. On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The subject ordinance (2025-4759) was adopted by the City Commission on July 23, 2025.
ANALYSIS
Pursuant to Section pursuant to Section 2.2.3.5.g.13 of the LDRs, the City Commission may, by Resolution, waive the applicable fees associated with variance applications that are related to compliance with building recertification requirements. Such fee waiver is only applicable to residential buildings and must be based upon a documented financial hardship.
A variance application to the Board of Adjustment has been filed by the residential building at 6801 Indian Creek Drive to comply with mandatory requirements of the Florida Building Code as it relates to building recertification. The building association at 6801 Indian Creek Drive is requesting that the City Commission waive the applicable fees associated with this variance application, as it is related to compliance with building recertification requirements. Additionally, the building association has provided the following documents, attached, to evidence its financial hardship:
1. A hardship letter.
2. Financial statements from April 2025 and May 2025.
3. A detailed breakdown of the 2023 Special Assessment that includes the 40 and 50-year
structural and electrical recertification, as well as a list of pending work that still requires significant investment.
FISCAL IMPACT STATEMENT
The proposed waiver of application fees amounts to less than $20,000 and is limited at a single application. As such, no fiscal impact is expected.
Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the Resolution granting a waiver of the applicable fees associated with a variance application for the property located at 6801 Indian Creek Drive.
Applicable Area
North Beach
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
Yes
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
Variance Fee Waiver for 6801 Indian Creek Drive. (Fernandez) PL
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