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2002-24819 Reso RESOLUTION NO. 2002-24819 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A PUBLIC HEARING ON MAY 8, 2002, TO CONSIDER THE REVOCABLE PERMIT REQUEST BY MR. ROBERT SWEDROE, TO RETAIN PART OF A WROUGHT IRON FENCE, A CIRCULAR CONCRETE PAVER DRIVEWAY AND IRRIGATED AND LIGHTED LANDSCAPING AT THE STREET END OF 78TH STREET, EAST OF ATLANTIC WAY, ADJACENT TO THE PERMITTEE'S PROPERTY LOCATED AT 7747 ATLANTIC WAY. WHEREAS, Mr. Robert Swedroe (Applicant), is the owner's representative for the property located at 7747 Atlantic Way (Property); and WHEREAS, the Applicant has requested a Revocable Permit to retain a wrought iron fence, a circular concrete paver driveway and irrigated and lighted landscaping at the street end of 78th Street, east of Atlantic Way, adjacent to the above mentioned Property; and WHEREAS, pursuant to Chapter 82, Article III, Division 2, Section 82-93 of the City of Miami Beach City Code, the Mayor and City Commission are required to hold a public hearing to consider the granting of a revocable permit. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider the request for a Revocable Permit by Mr. Robert Swedroe, to retain a wrought iron fence, a circular concrete paver driveway and irrigated and lighted landscaping at the street end of 78th Street, east of Atlantic Way, is hereby called to be held before the Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on Mav 8. 2002. beginning at 2'~OO p .m, and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 10th day of April ,2002 ~r fMiuL CITY CLERK ATTEST: APPROVED M10 FORM a LANGUAGI a FOR EXECUTION F:\WORK\$ALLWGK\COMMEMO\PHRG\swedroe-reso.doc .) HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: October 9, 2001 INRE: The Application for a Certificate of Appropriateness for a beach accessway. FILE NO: PROPERTY: 1172 Eastern Terminus of 78th Street (East of Atlantic Way) ORDER The applicant, the City of Miami Beach, filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: A. The proposed project is located within the Altos Del Mar Local Historic District. B. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria a, b, d, e and f in Section 118-564(a)(2) of the Miami Beach Code, and is not consistent with Certificate of Appropriateness Criteria a, c and f in Section 118-564(a)(3) of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118- 564 if the following conditions are met: 1. A revised site and landscape plan shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: a. Allor a substantial portion of the decorative pavers in the public right- of-way shall be removed and replaced with a new paver scheme to clearly contrast those pavers utilized on the private driveways, and to create a clearly defined public accessway to the dune transition area. b. The existing trellis feature on the south side of the right-of-way shall either be completely removed, or relocated to within the confines of the property to the south. @ - Page 2 of 3 HPB File No. 1172 Meeting Date: October 9:,2001 c. Eight (8) feet of landscape material on the south side of the 78th Street-End right-of-way shall be relocated sufficient to accommodate a redesigned cul-de-sac driveway, which driveway shall be centered on the 78th Street right-of-way. d. The existing fence shall be completely removed from the dune transition area, at the eastem terminus of the 78th Street. No fencing or hedging of any kind shall be permitted within the public right-of- way. e. A new signage plan, which clearly delineates public access to the beach, shall be required. f. Public sidewalks shall be required on the north and south sides of the 78th Street right-of-way, and shall continue to the eastern most point of the cul-de-sac. g. A minimum twelve (12) foot path from the street end to the beach shall be retained and preserved in a manner to be approved by staff. h. A new signage plan which clearly delineates public access shall be required from Collins Avenue, Atlantic Way and past the cul-de-sac, in a manner to be approved by staff. 2. A Revocable Permit shall be required from the City Commission. 3. The Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations which were amended by the Board, that the Application for a Certificate of Appropriateness is granted for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-3, inclusive) hereof, to which the applicant has agreed. No building permit may be issued unless and until all conditions of approval as set forth herein have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and .~ , , Page 3 of 3 HPB File No. 1172 Meeting Date: October 9, 2001 permits, including zoning approval. If adequate handicapped access is not provided, this approval does not mean that such handicapped access is not required or that the Board supports an applicant's effort to seek waivers relating to handicapped accessibility requirements. When reauestina a buildina oermit, three (3) sets of plans aooroved bv the Board. modified in accordance with the above conditions. shall be submitted to the Plannina Deoartment. If all of the above-specified conditions are satisfactorily addressed, the plans will be reviewed for building permit approval. Two (2) sets will be returned to you for submission for a building permit and one (1) set will be retained for the Historic Preservation Board's file. If the Full Building Permit is not issued within one (1) year of the meeting date at which this Certificate of Appropriateness was granted and construction does not commence and continue in accordance with the requirements of the applicable Building Code, the Certificate of Appropriateness will expire and become nut! and void. Dated this ~;). day of ~~ , 20~. HISTORIC PRESERVATION BOARD THE C1E')'F MIAMI B~~~ FLORIDA BY: ~ If /I'I~ THOMAS R. MOONEY, AICP DESIGN AND PRESERVATION MANAGER FOR THE CHAIR STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this l. '2,vc/ day of Cc.. N 6 d1L 20 ~, by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the Corporation. He is ers known to CHAItLB A TAFt' Nar.uvPUBucsrATE'OFFLORJDA coMMlSSION NO. cC832790 MMI$JON EXP. MAY 29 NOTA LlC Ctfh~'crt"f. /ft-FT Miami-Dade County, lorida My commission expires: Approved As To Form: ~ Legal Department: ~ (/0-2.-).,-6)/ ) Filed with the Clerk of the Historic Preservation Board on /d/'J.l-Id, ( ~ / ' F:\PLAN\$HPB\01 HPB\Octhpb01\1172.fo.doc f) CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m ~ Condensed Title: A Resolution to schedule a public hearing to consider the Revocable Permit for the street-end at 78m Street, to retain part of a wrought iron fence, a circular concrete paver driveway and irrigated and lighted landscaping, installed by Mr. Swedroe, owner of the property at 7747 Atlantic Way. Issue: Shall a public hearing be scheduled on May 8, 2002 ? Item Summary/Recommendation: The Administration's Recommendation is to schedule the public hearing on May 8, 2002. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: Finance Dept. Source of Funds: D F:\WORK\$ALLWGK\COMMEMO\CS-swedroe.doc AGENDA ITEM DATE (,70 tf--!()..()J- CITY OF MIAMI BEACH CI1Y HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 .WWW.ci.miami-beach.f1.us COMMISSION MEMORANDUM From: Mayor David Dermer and Date: April 10, 2002 Members of the City Commission Jorge M. Gonzalez ~ .~~ City Manager 0 ~ {) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A PUBLIC HEARING ON MAY 8,2002, TO CONSIDER THE REVOCABLE PERMIT REQUEST BY MR. ROBERT SWEDROE, TO RETAIN PART OF A WROUGHT IRON FENCE, A CIRCULAR CONCRETE PAVER DRIVEWAY AND IRRIGATED AND LIGHTED LANDSCAPING AT THE STREET END OF 78TH STREET, EAST OF ATLANTIC WAY, ADJACENT TO THE PERMITTEE'S PROPERTY LOCATED AT 7747 ATLANTIC WAY. To: Subject: 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-ways 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 1994, an application for a revocable permit was filed by Mr. Robert Swedroe, as the owner of property at 7747 Atlantic Way, for the installation of a circular concrete paver driveway, signage, and irrigated landscaping, with lighting, at the Street End of 78th Street, within the City's right-of-way. On June 15, 1994, the Mayor and City Commission adopted Resolution No. 94-21204, scheduling a public hearing for the above-referenced revocable permit request for July 27, 1994. Subsequently, the request was withdrawn by Mr. Swedroe prior to the public hearing, and the hearing was never held. Consequently, no action was taken on the permit request. Notwithstanding the above, a circular concrete paver driveway and a wrought iron fence with a gate were constructed by Mr. Swedroe on the City right-of-way at 78th Street, adjacent to Mr. Swedroe's property. Additionally, other encroachments on the subject City right-of-way installed by Mr. Swedroe include landscaping, a wood trellis, irrigation system, and lighting. None of these alterations were approved by the City of Miami Beach, Le. Mr. Swedroe never applied for a building permit to build these encroachments. In a letter to Mr. Swedroe, dated October 23, 1998, the City requested the removal of the aforestated encroachments or, in the altemative, that Mr. Swedroe apply for an after-the-fact revocable permit for consideration to maintain said encroachments within the City right-of-way. In response to the City's letter, a revocable permit application was filed by Mr. Swedroe. At the January 6, 1999 City Commission meeting, a public hearing to consider the request was scheduled for February 17,1999; said public hearing was opened and continued on that date to March 3,1999, when the revocable permit request was denied. Subsequent to the aforestated denial of Mr. Swedroe's revocable permit request, Mr. Swedroe, along with his wife, Rita Swed roe , brought an action for Declaratory Judgment and Supplemental Relief against the City (Swedroe vs. City of Miami Beach, Case No. 99-13775 CA 27), seeking a Court order enjoining the City from removing the subject encroachments. Following Mr. Swedroe's filing of said action, representatives of the City Attorney's Office and the Administration met with counsel and representatives for Mr. Swedroe, regarding a proposed settlement which would include the removal of the most grievous encroachments such as the gate, the fence and the signage referencing the subject right-of-way as a "Private Drive". An Executive Session to further discuss settlement of the lawsuit was held on July 12, 2000, prior to the Mayor and City Commission's consideration of Mr. Swedroe's revocable permit application. On the July 12, 2000 Commission Meeting, the Public Hearing was opened with discussion related to the Swedroe Revocable Permit. After discussions, the Commission on a vote 6-0 made a directive to refer the item to the Historic Preservation Board, and continue the public hearing to September 27, 2000 Commission Meeting. On September 12, 2000, the City's Historic Preservation Board reviewed the item and issued a binding order requiring modification to the landscaping and the pavers, and removal of the fence and trellis. On September 27,2000, the City Commission passed Resolution No. 2000-24103, granting Mr. Swedroe in part an after-the-fact revocable permit, allowing certain encroachments on the right-of- way, subject to the conditions set by the City of Miami Beach Historic Preservation Board at its meeting of September 12, 2000. On January 29, 2001, the City's Special Master reversed on procedural grounds the Historic Preservation Board's actions of September 12, 2000, and accordingly, by operation of law, the revocable permit issued under Resolution No. 2000-24103 was repealed and nullified by Resolution 2001-24397 adopted on May 16, 2001. Accordingly, an October 9, 2001 Historic Preservation Board Meeting was held to again consider the request for a "Certificate of Appropriateness" in order to maintain the subject alterations on the public right-of-way. The Historic Preservation Board issued its order on October 22,2001 (attached hereto), approving with conditions the application for the Certificate of Appropriateness. The Swedoes appealed this Order and on March 7, 2002 the Special Master denied the appeal and affirmed the order of the Historic Preservation Board. The City Attomey and Administration are requesting to schedule a public hearing to review the outstanding revocable permit request for the street-end at 78th Street. CONCLUSION: The Administration recommends to set a public hearing on the May 8, 2002, Commission meeting, to consider the revocable permit application of the Swedroes for the use of the 78th Street right-of- way. JMG/RCM/~AlAV \\CH2\VOL 1\WORK\$ALL\VGK\COMMEMO\REVOC\swedroe02.doc ~j