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Ordinance 95-3028 ORDINANCE NO. 95-3028 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 33, ENTITLED '"REAL PROPERTY", AMENDING ARTICLE II, ENTITLED '"REVOCABLE PERMITS", BY PROVIDING FOR ADDITIONAL CRITERIA FOR THE GRANTING OR DENYING OF REVOCABLE PERMITS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission believe that private persons and entities utilizing public property for private purposes should meet certain strict criteria for the use of such property. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SECTION 33-4. That Section 33-4 of Article II, entitled "Revocable Permits" of Miami Beach City Code Chapter 33 , entitled "Real Property" is hereby amended as follows: Section 33-4. Criteria for granting/denying Revocable Permits Revocable Permits shall be granted or denied based upon existence of the following criteria: (a) That the applicant' s need is substantial. (b) Whether That the applicant holds title to an abutting property. (c) Potential effect(s) on persons having an interest in . . . . ' . . ..- - , n - . - . on the City. (d) (c) Compliance of that the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws. (e) (d) That the grant of such application will have no adverse Egffect(s) on governmental/utility easements and uses on the property. (f) (e) Alternatively (1) That an unnecessary hardship exists which 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 which exist and which were not self-created and which are peculiar to the land, structures, or building involved and which 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 (2) 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. (f) That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this chapter to other owner of land, structures, or buildings which are subject to similar conditions located in the same zoning district. 2 (g) That granting the revocable permit will be in harmony with the general intent and purpose of this chapter, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. In order to grant a revocable permit, the City Commission must make an affirmative finding with respect to each of the criteria set forth above. These findings may be made by one motion addressed to all findings or, at the request of any member of the Commission, a finding or findings shall be considered separately. The findings shall be made prior to the vote on the application. The revocable permit application shall be considered as a whole unless any member of the City Commission shall request that the application be considered in parts, in which event the application shall be considered in such parts as requested. In light of the particular circumstances involved with each separate revocable permit request, the grant of any revocable permit shall not constitute or be deemed a precedent for the grant of any other revocable permit. SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 3 SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 30th day of December , 1995. PASSED and ADOPTED this 20th day I December 1995. ATTEST: /Mk41_ / //. /- CITY CLERK 1st reading 12/6/95 2nd reading 12/20/95 FORM APPROVED Legal ept. By4 Date f 2-�f I/9 5- 4 • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 9 1 Z-q 5 TO: Mayor Seymour Gelber and Members of the City Commission DATE: December 20, 1995 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: SECOND READ G AND PUBLIC HEARING- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 33, ENTITLED "REAL PROPERTY" AMENDING ARTICLE II, ENTITLED "REVOCABLE PERMITS" , BY PROVIDING FOR ADDITIONAL CRITERIA FOR THE GRANTING OR DENYING OF REVOCABLE PERMITS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission adopt on second reading the attached Ordinance modified since its first reading, amending Article II entitled "Revocable Permits" of Miami Beach City Code Chapter 33, entitled "Real Property". BACKGROUND On June 30, 1993,the City Commission passed and adopted Ordinance No. 93-2855, amending the City Code Chapter 33, and establishing procedures for granting revocable permits for use of City owned property. In granting or denying the permit the Commission was to consider the need of the applicant, whether the applicant owned abutting property, the potential effects on neighboring properties, public welfare, economic impact on the City, compliance of the proposed improvements with the existing ordinances, laws, rules and neighborhood plans, and the effect on governmental/utility easement and uses. On several occasions these criteria were questioned by a City Commissioner. In November 21, 1995, Commissioner Shapiro requested that hardship criteria be included in the process of deciding whether to grant revocable permits. AGENDA ITEM R DATE Z-20-c` S COMMISSION MEMORANDUM Page 2 December 20, 1995 The proposed Ordinance expands on the criteria for granting or denying a Revocable permit by amending Section 33-4 of the City Code Chapter 33, Article II, entitled "Revocable Permits". The Commission requested changes which are incorporated in the attached amended Ordinance on December 6, 1995, during the first reading. ANALYSIS Attached is a table listing some of the Revocable Permits reviewed by the City Commission during 1993 through 1995, the status of the permit and the intended use of the permitted premises. CONCLUSION It is recommended that the Mayor and the City Commission adopt the attached Amendment to Article II entitled "Revocable Permits" of Miami Beach City Code Chapter 33, entitled "Real Property", by establishing additional hardship criteria to be used in determining the granting or denying of the Revocable Permits. Attachment JGP/JP/VOA/DR/vgk c:wpwin60\wpdocs\commemo\revoc\revptam9.wpd City of Miami Beach List of Revocable Permits for the use of public right-of-way submitted to and reviewed by the City Commission during 1993-1995 address/location of applicant/owner legal description of status of Use of permitted property permittee applicant/owner's permit/date premises property reviewed 1460 Ocean Drive, South Ocean Beach Lots 1 and 2 west of Granted Handicap access ramp Properties Ocean Dr. Ext., Bik 77 June 15, 1994 Fishers First Sub. of Alton Beach 3700 Prairie Avenue Robert Swedroe and Lot 1,Block 7 Mid Granted Driveway, parking wife Rita Golf Sub. July 27, 1994 and landscaping 4595 N. Meridian Ave. Richard Pollak and Lot 5, Block 8 Nautilus Denied Pillasters with fence wife Betty Addition of Miami Sep. 8, 1994 and paved parking Beach Bayshore Co. 227 Biscayne Street Joe's Stone Crab Lots 11 through 17, Granted Entrance marquee Inc. Block 10 Ocean Beach 9 - 8 - 1994 structure Subdivision 901 Alton Road Interstock Lots 7 and 8, Block Granted with Drainage, seating Development Corp. 123, Lenox Manor, PB amendment area, stair, ramp, wall, 7-15 10 -19 - 1994 landscaping and lighting 1454 Alton Road N. S. Pallot et al Lots 5 and 6, Block 78, Granted Encroaching columns, Polio Tropical Commercial 11-2-1994 landscaping and Subdivision, access ramps PB 6-5 427 Collins Avenue Ocean Washington Lot 13, Block 5, Ocean Granted Fence and gate with Associates Ltd., Beach 12 - 7 - 1994 landscaping and c/o Dacra Florida Subdivision, parking Development Corp. PB 2-38 Page 1 of 2 Revocable permits-1993-1995 } City of Miami Beach List of Revocable Permits for the use of public right-of-way submitted to and reviewed by the City Commission during 1993-1995 address/location of applicant/owner legal description of status of Use of permitted property permittee applicant/owner's permit/date premises property reviewed 741-749 Lincoln Road La Ramblas Portion of Lot 1, Block Granted Architectural metal 1655-1661 Meridian Associates, Ltd. 35, Golf Course 7-12-95 fins and canopy Ave. do Dacra Subdivision, PB 6-26 Development Corp. 404 Washington 404 Investments Lots 3,4,5 Block 49, Granted with Trees, landscaping Avenue Ltd. Ocean Beach Addition amendment with irrigation, grates No. 3, PB 2-81 5-17-1995 and lighting 4201 Collins Avenue Agil Associates Lots 3,4, 7, 8 Block 37 Granted Concrete paver c/o DCOM Ocean Front Property 9-27-1995 sidewalk, walkway Development Corp. Subdivision of the and parking lane. Miami Beach Improv't Landscaping, Co., PB 5-7,8 irrigation and lights. 1688 West Avenue West Bay Plaza Inc. Lots Granted Trees irrigation and Miami Beach,Fl., 6,7,8,9,12,13,N%214 9-27-1995 landscaping. 33139 part.l0,Block 41, Belleview Sub., PB 6- 114 6595 PineTree Lane La Gorce Island Lot 6,Block 5 La Granted Post mounted security Association Inc. Gorce Island, PB 44-56 9-27-1995 cameras on concrete 6595 Pine Tree Lane bases and electric Miami Beach, Fl., conduits. 33141 Page 2 of 2 Revocable permits-1993-1995 • • a) • c) .N • • } • M <4 • M bA co a) •-1 U) N 4-1 b 4-1 O ta. C+ 1 M ,0 �n V sd a) O1 • a) b D, a) O O a.� H � z v ami Z WP., (]. U OZ 4-1 H " w O H • H pa cd sz • v a) O tz H bD b •rl • (1) +J •H H �" I'd +1 a) CU s~ H a) H