2012-27823 Reso RESOLUTION NO. 2012-27823
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE
FEBRUARY 8, 2012 CITY COMMISSION MEETING, TO CONSIDER
GRANTING A REVOCABLE PERMIT TO 1790 ALTON HOLDINGS LLC,
AS OWNER OF THE PROPERTY LOCATED AT 1790 ALTON ROAD, TO
ALLOW A CONCRETE "EYEBROW" TO EXTEND INTO THE PUBLIC
RIGHT-OF-WAY ON 18TH STREET AND THE SERVICE ROAD ADJACENT
TO ALTON ROAD (AND A MINIMUM OF 14 FEET ABOVE THE
SIDEWALK).
WHEREAS, 1790 Alton Holdings LLC (Applicant) is the owner of property located at
1790 Alton Road; and
WHEREAS, the Applicant is developing a new commercial building on the property,
which is a small triangular parcel located west of Alton Road, between Dade Boulevard and 18'h
Street; and
WHEREAS, the design of the building incorporates a concrete "eyebrow" as an
architectural element, which is a signature architectural feature commonly found on many
buildings throughout Miami Beach; and
WHEREAS, the aforestated "eyebrow" extends approximately twelve (12") inches into
the public right-of-way, on 18th street and the service road adjacent to Alton Road; and
WHEREAS, Applicant is requesting a revocable permit from the City to maintain the
encroachment on public property; and
WHEREAS, the Public Works Department is in receipt of Applicant's completed
application for a revocable permit and, accordingly, a public hearing must be set for the City
Commission to consider the request.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby set a
public hearing for the February 8, 2012 City Commission Meeting, to consider granting a
revocable permit to 1790 Alton Holdings LLC, as owner of the property located at 1790 Alton
Road, to allow a concrete "eyebrow" to extend into the public right-of-way on 18th Street and the
service road adjacent to Alton Road
p m of 14 feet above the sidewalk).
PASSED AND ADOPTE. 1•th*da o ry, 2012.
ATTEST:
b Cul P0, ' INCORP ORA
Robert f&. Parcher, City Clerk errerla eoiker, Mayor
APPROVED AS TO
FORM & LANGUAGES j 26
AA& OR EX C TION orney ��',/ Date
T:\AGENDA\2012\1-11-12\Revocable Permit 1790 Alton Road Reso.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution To Consider Setting A Public Hearing For The February 8, 2012 City Commission Meeting,
To Consider Granting A Revocable Permit To 1790 Alton Holdings Llc,As Owner Of The Property Located
At 1790 Alton Road, To Allow A Concrete "Eyebro\V To Extend Into The Public Right Of Way On 18`h
Street And The Service Road Adjacent To Alton Road,And A Minimum Of 14 Feet Above The Sidewalk
Key Intended Outcome Supported:
Maintain Miami Beach public areas and rights of way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City Commission grant the revocable permit?
Item Summa /Recommendation:
The property is a small triangular parcel located west of Alton Road between Dade Boulevard and 18
Street. The owner is developing a new modern commercial building on this site.
The design of this building has incorporated concrete "eyebrow" as an architectural element. These
"eyebrows"extend 12 inches outside of the property line and are at a minimum of 14 feet above the public
sidewalk. Concrete "eyebrows"are signature architectural features commonly found on many buildings
throughout Miami Beach.
The criteria for a revocable permit are satisfied per Miami Beach City Code Section 82-94, to allow an
encroachment over the City's right-of-way. The request is in harmony with the intent and purpose of the
City Code,and will not be injurious to the area involved or otherwise detrimental to the public welfare.The
permit will provide the applicant with a reasonable use of the property.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
2
OBPI Total N/A N/A
Financial Impact Summary:N/A
City Clerk's Office Legislative Tracking:
Richard W. Saltrick, Acting City Engineer, ext.6565
Sign-Offs.
Department Director Assistant Ci Manager City Manager
FHB DRB A JMG
T:\AGENDA\2012\1-11-12\Revocable Permit 1790 Alton Road Summary.doc
IM / AGENDA ITEM C DATE
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.rniamibeachil.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 11, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE
FEBRUARY 8, 2012 CITY COMMISSION MEETING, TO CONSIDER
GRANTING A REVOCABLE PERMIT TO 1790 ALTON HOLDINGS LLC,
AS OWNER OF THE PROPERTY LOCATED AT 1790 ALTON ROAD, TO
ALLOW A CONCRETE "EYEBROW" TO EXTEND INTO THE PUBLIC
RIGHT OF WAY ON 18TH STREET AND THE SERVICE ROAD ADJACENT
TO ALTON ROAD, AND A MINIMUM OF 14 FEET ABOVE THE
SIDEWALK.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution.
BACKGROUND
The property is a small triangular parcel located west of Alton Road between Dade Boulevard
and 18th Street. The owner is developing a new modern commercial building on this site.
The design of this building will incorporate a concrete "eyebrow" as an architectural element.
These "eyebrows" will extend 12 inches outside of the property line and will be at a minimum of
14 feet above the public right-of-way (attachment). Concrete "eyebrows" are signature
architectural features commonly found on many buildings throughout Miami Beach.
ANALYSIS
Pursuant to the criteria established under Section 82-94 of the City of Miami Beach Code of
Ordinances for the granting/denying of revocable permits, the City has analyzed the criteria and
issues the following conclusions:
1) That the applicant's need is substantial.
Satisfied. The proposed building has been designed to express an architectural style that is
contextual with the existing architecture of Miami Beach. The use of "eyebrows" as an
architectural element will be incorporated into the design to express horizontality. The design
is in conformance with the Design Guidelines of the City of Miami Beach Planning & Zoning
Department.
City Commission Memorandum-1790 Alton Road
January 11, 2012
Page 2 of 3
2) That the applicant holds the title to an abutting property.
Satisfied. A copy of the title has been submitted as part of this application, which indicates
the applicant holds title to this property.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The applicant will obtain all necessary building permits for the encroachments.
4) That the grant for such application will have no adverse effect on government/utility
easements and uses on the property.
Satisfied. The "eyebrows" will be placed at the height that will not impact vehicular access to
the property.
5) Alternatively:
a. That an unnecessary hardship exits that deprives the applicant of a reasonable use
of the land, structure or building for which the Revocable Permit is sought arising out
of special circumstances and conditions that exist and were not self-created and are
peculiar to the land, structures or buildings in the same zoning district and the grant
of the application is the minimum that will allow reasonable use of the land,
structures or building.
b. That the grant of the revocable permit will enhance the neighborhood and/or
community by such amenities as, for example, enhanced landscaping, improved
drainage, improved lighting and improved security.
Satisfied. b: This property is currently an empty lot on an important intersection that is the
eastern entrance to a commercial district. This project is key to expressing an entrance by
activating the eastern boundary of this neighborhood and enhancing the urban fabric. In
addition, the proposed "eyebrow" encroachments will provide some protection to pedestrians
from the sun and rain.
6) That the granting of the revocable permit requested will not confer on the applicant any
special privilege that is denied to other owner of land, structures, or building subject to similar
conditions.
Satisfied. Throughout the City's commercial district there are many examples of similar
conditions where concrete "eyebrows" on the front facades of the building extend over the
property line/public sidewalk. The applicant is not requesting consideration for anything that
has not been afforded to other commercial property owners on Miami Beach. Granting this
revocable permit will in no way impact access to or past the property.
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article III of the City Code, and that such revocable permit will not be injurious to surrounding
properties, the neighborhood, or otherwise detrimental to the public welfare.
City Commission Memorandum-1790 Alton Road
January 11, 2012
Page 3 of 3
Satisfied. The overhead "eyebrow"will be located at a minimum of 14'-0" above the sidewalk.
These "eyebrows" will enhance the sidewalk by providing pedestrians some protection
against the sun and rain. The "eyebrows" will be high enough to avoid conflict with vehicular
traffic, and provide no condition that could be considered hazardous or injurious.
The analysis above shows that the criteria for a revocable permit are satisfied per Miami Beach
City Code Section 82-94, to allow existing encroachments into the City's right-of-way to remain.
The request is in harmony with the intent and purpose of the City Code, and will not be injurious
to the area involved or otherwise detrimental to the public welfare. The permit will provide the
applicant with a reasonable use of the property.
CONCLUSION
The Administration recommends that the City Commission set a public hearing for the February
8, 2012 Commission Meeting, to consider granting a revocable permit to 1790 Alton Holdings
LLC, as owner of the property located at 1790 Alton Road, to allow a concrete "eyebrow" to
extend into the public right of way on 18th Street and the service road adjacent to Alton Road,
and a minimum of 14 feet above the sidewalk.
Attachment:
A. Sketch of the proposed encroachments
DRB/ H /RWS
T:\AGENDA\2012\1-11-12\Revocable Permit 1790 Alton Road Memo.docx
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