2002-24712 Reso
RESOLUTION NO. 2002-24712
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AN
AFTER THE FACT REVOCABLE PERMIT TO THE STERLING
BUILDING, INC., AS OWNER OF THE PROPERTY AT 901
LINCOLN ROAD, TO RETAIN NINE (9) UPLIGHT LIGHTING
FIXTURES INSTALLED WImIN THE ADJACENT CITY RIGHT-
OF-WAY.
WHEREAS, The Sterling Building, Inc. owns the property located at 901 Lincoln Road
(the Property), with Victoria's Secret as a tenant; and
WHEREAS, due to remodeling of the portion of the Property housing the Victoria's Secret
store, which lies in the Flamingo Park Local Historic District, the fa'rade had to be restored to its
original historic features; and
WHEREAS, the remodeling plans, as approved by the Design Review and Historic
Preservation Boards on June 13, 2000, incorporated nine(9) uplight lighting fixtures to highlight
the facade; and
WHEREAS, due to the building being built to the property line, the uplight lighting
fixtures were installed in the adjacent concrete sidewalks in Lincoln Road and Jefferson Avenue
right-of-way, without first obtaining a Revocable Pennit; and
WHEREAS, The Sterling Building, Inc. has requested that the City grant an after-the-fact
Revocable Permit to retain said lighting fixtures within the right-of-way adjacent to the Property;
and
WHEREAS, pursuant to Chapter 82, Article III, Division 2, Section 82-93 of the City
Code, the Mayor and City Commission held a public hearing on January 9,2002 to consider the
aforestated 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
Clerk are herein authorized to execute a Revocable Permit in favor of The Sterling Building, Inc.
as owner of the Property located at 901 Lincoln Road, to retain nine (9) uplight lighting fixtures,
within the City right-of-way abutting above mentioned Property, as shown in the attached Exhibit
"A".
PASSED and ADOPTED this 9th
MAYOR
ATTEST:
~rP~~
. CITY CLERK
APPROVED AS TO
FORM a LANGUAGE
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. Cl"fV OF-MIAMI BEACH ~ I
NOTICE OF A PUBLIC HEARING ~ I
NOTICE IS HEREBY given that a public hearing will be held by the
City Commission of the City of Miami Beach, in the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami
<. Beach, Florida, on Wednesday, January 9, 2002, at 10.50 a.m., to
Iconsider an after-the-fact revocable permit request by the Sterling
Building Inc" as owner of the property at 901 Lincoln Road, to retain ,
nine (9) uplight lighting fixtures installed within the adjacent city right- ,I'
J of-way.
..
INQUIRIES may be directed to the Public Works Department at 1
(3Q5) 673-7080. Copies of the related documents are avai,lable for 'I"
inllPection at the Public Works Department, 4th floQr, City Hall,
during normal business hours.
ALL INTERESTED PARTIES are Invited to appear at this meeting,
or. be represented by an agent, or to express their views in writing
addressed to the City Commission, c/o the City Clerk, 1700 I
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 1
33139, This meeting may be continued and under such ~
, circumstances additional legal notice would not be provided,
,
Robert E. Parcher, City Clerk
City of Miami Beach
: Pursuant to Section 286.0105, Fla. Stat., the City hereby advise~ the
public that: if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at Its
meeting or its hearing, such person must ensure- that a verbatim
record of the proceedings is made, 'which record includes the
testimony and evidence upon which the appeal Is to be based. This
notice does not constitute consent by the City for the Introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does
it authorize challenges or appeals not otherwise allowed by law.
In accordance with'the Americans with Disabilities Act of 1990,
persons needing special accommodation to participate in this
proceeding should contact the City Clerk's office no later than four
days prior to the proceeding. Telephone (305) 673-7411 for
assistance; if hearing impaired, telephone the Florida Relay Service
numbers, (800) 955-8771 (TOO)- or (800) 955-8770 (VOICE), for
assistance.
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
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Condensed TItle:
A resolution to grant a revocable permit for retaining nine(9) uplight lighting fixtures in the City right-of-way,
to illuminate the 901 Lincoln Rd. building.
Issue:
Shall the City grant a Revocable Permit which allows The Sterling Building, Inc. to retain 9 uplight lighting
fixtures, installed in the City right-of-way on Lincoln Road?
Item Summary/Recommendation:
The Administration recommends that a revocable permit be granted to The Sterling Building Inc., to retain
the 9 uplight lighting fixtures installed flush with the sidewalk, in the City right-of way, adjacent to the
property located at 901 Lincoln Road. The uplights are for illuminating the newly restored historic fac;ade
of this building and were in the permit drawings approved by Planning, Building and Public Works.
However, a revocable permit which was required prior to installation, was not obtained, therefore, requiring
an after-the-fact revocable permit.
AdvIsory Board Recommendation:
I N/A
FInancIal InformatIon:
Amount to be expended:
D
Finance Cept.
Source of
Funds:
F:\WORK\$ALLWGK\COMMEMO\CS-901LINCOLN.doc
AGENDA ITEM
DATE
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.mlami-beach.f1.us
COMMISSION MEMORANDUM
To:
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~. /'
City Manager 0 F 0
Date: January 9, 2002
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, GRANTING AN AFTER- THE-FACT
REVOCABLE PERMIT TO THE STERLING BUILDING, INC., AS OWNER
OF THE PROPERTY AT 901 LINCOLN ROAD, TO RETAIN NINE(9)
UPLlGHT LIGHTING FIXTURES INSTALLED WITHIN THE ADJACENT
CITY RIGHT-OF-WAY.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
Chapter 82, Article III, Division 2, of the Miami Beach City Code addresses revocable
permits for the use of City right-of-way by adjacent property owners and establishes
guidelines for the Mayor and City Commission to grant or deny a revocable permit,
following a public hearing.
In June 2000, Victoria's Secret, c/o The Limited Inc., filed an application on behalf of the
owner, The Sterling Building Inc., for a partial demolition and remodeling of the 901 Lincoln
Road building. This building being in the Flamingo Park Local Historic District, was
reviewed by the Historic Preservation Board (HPB). The Board ordered the restoration of
the original 1928 Mead Building historic fa(fade and features. Plans approved by the
Design Review Board incorporated the HPB requirements. The permit drawings also
included falfBde lighting to highlight the historical features in the building elevation (see
Exhibit "A"), which were approved by Planning, Building and Public Works Departments.
However, a revocable permit was also required prior to installation of the falfBde lighting,
which was not obtained by the owner, therefore, requiring an after-the-fact revocable
permit.
The applicant submitted all the requirements for a revocable permit application, including
an after-the-fact application fee, which is three times the amount required for a regular
revocable permit, or in this case $3,000 instead of $1 ,000.
At the City Commission meeting of December 19, 2001 the public hearing was set for
January 9, 2002. Per City Code, notices have been mailed to the adjacent property
owners and advertised in the local newspaper.
ANALYSIS:
Per City Code, Chapter 82, Article III, Oivision 2, Section 82-92, revocable permits shall be
granted or denied based upon the existence of the following criteria:
(1) That the applicants need is substantial.
Satisfied. Substantial need may not apply in this case since the requested feature is
aesthetic. However the Design Review Board and Historic Preservation Board
approved the plans to uplight the fa<;ade in order to highlight the historical features of
the building.
(2) That the applicant holds title to an abutting property.
Satisfied.
(3) That the proposed improvements comply with applicable codes, ordinances,
regulations, neighborhood plans and laws.
SatIsfied. Plans were reviewed and approved by ORB, Planning and Building
Departments, and installation was inspected and approved.
(4) That the grant of such application will have no adverse effect on govemmental/utility
easements and uses on the property.
Satisfied. There are no present utility uses or needs at such a vicinity to the building.
(5) Altematively:
a. That an unnecessary hardship exists 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 building involved and are not generally
applicable to other lands, 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; or
Not satisfied, The request being an aesthetic use does not create a hardship;
however
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. The use of these lighting fixtures enhance the neighborhood by
highlighting the falfade of this restored historic building.
(6) That granting the revocable permit requested will not confer on the applicant any
special privilege that is denied by this article to other owner of land, structures or
buildings subject to similar conditions.
Satisfied. The applicant's property is a historic building that was required by Historic
Preservation Board to be restored to its original unique architecture, featuring fluted
corinthian columns.
(7) That granting the revocable permit will be in harmony with the general intent and
purpose of this article, and that such revocable permit will not be injurious to the
surrounding properties, the neighborhood, or otherwise detrimental to the public
welfare.
Satisfied. The lighting fixtures as seen in the pictures below are flush with the concrete
walk and should not be detrimental to public welfare. In addition, the applicant will be
responsible by the conditions of the Revocable Permit to maintain these light fixtures
and liable for any injury to the public that may result.
In order to grant a revocable permit, the City Commission must make an affirmative finding
with respect to the above criteria. The revocable permit, if granted, will be valid for a period
of 20 years and is non-assignable.
CONCLUSION:
Recommend the Mayor and City Commission approve the Resolution, granting a
Revocable Permit to The Sterling Building Inc., to retain nine (9) uplight lighting fixtures
installed within the adjacent city right-of-way, as shown in Exhibit "A".
JMG/RCM/FHB/MAlA V
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View of Jefferson Avenue sidewalk showing uplights
Uplight lighting fixture in concrete sidewalk