2002-24877 Reso
RESOLUTION NO. 2002-24877
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, GRANTING, IN PART, AN AFfER-
THE-FACT REVOCABLE PERMIT TO MR. ROBERT
SWEDROE(APPLlCANT), CONCERNING THE PUBLIC STREET END AT
78TH STREET, EAST OF ATLANTIC WAY, ADJACENT TO THE
APPLICANT'S PROPERTY, LOCATED AT 7747 ATLANTIC WAY;
ACCEPTING THE ADMINISTRATION'S RECOMMENDATION THEREON
AND GRANTING SAID PERMIT TO RETAIN ONLY LIMITED
LANDSCAPING WITH LIGHTING AND IRRIGATION, AND DENYING
THE REMAINING REQUEST FOR PERMIT OF A WROUGHT IRON
FENCE, TRELLIS, PORTIONS OF LANDSCAPING, AND PORTIONS OF
CONCRETE PAVERS OVER THE PUBLIC RIGHT-OF-WAY; FURTHER
MAKING THE GRANTING OF SAID PERMIT SUBJECT TO THE
FOREGOING CONDITIONS, AS SET FORTH IN THIS RESOLUTION;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE REVOCABLE PERMIT.
WHEREAS, Mr. Robert Swedroe (the Applicant) is the owner of a residence located at
7747 Atlantic Way (the Property); and
WHEREAS, the Applicant has applied for an after-the-fact Revocable Permit to retain a
wrought iron fence, a circular concrete paver driveway within the public right-of-way, a trellis, and
irrigated and lighted landscaping; all at the public street end located at 78th Street, east of Atlantic
Way, adjacent to the Applicant's Property; and
WHEREAS, Miami Beach City Code, Chapter 82, Article III, Division 2, as amended,
addresses the granting of 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; and
WHEREAS, on July 12, 2000, in accordance with the procedures for consideration of
revocable permits, the Mayor and City Commission held a duly noticed public hearing, to consider
the aforestated request; and
WHEREAS, said Property and street end lies within the Altos del Mar Historic District and
as such the City Commission referred this item to the City's Historic Preservation Board (HPB); and
WHEREAS, the Historic Preservation Board (HPB) met on September 12, 2000, and in
consideration of this item issued an Order with conditions; and
Page 1 of 3
WHEREAS, on September 27,2000, the City Commission passed Resolution No. 2000-
24103, granting the Applicant, 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 September 12, 2000 meeting; and
WHEREAS, 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 No. 2001-24397, adopted on May 16, 2001; and
WHEREAS, at the October 9, 2001 Historic Preservation Board meeting, the Board issued
its Order (attached as Exhibit "A" hereto), approving with conditions the application for the
Certificate of Appropriateness ; and
WHEREAS, the Swedroes appealed this Order and, on March 7, 2002, the Special Master
denied the appeal and affirmed the order of the Historic Preservation Board; and
WHEREAS, at the April 10, 2002, Commission meeting, a public hearing was scheduled
for May 8, 2002, which was opened and continued to the May 29, 2002, Commission meeting; and
WHEREAS, following said public hearing, and the Historic Preservation Board Order, the
Mayor and City Commission find that the Applicant has met the criteria for consideration of the
subject Revocable Permit, as set forth in Section 82-94 of the City Code, and herein concur with the
Administration's recommendation as to the granting (in part) of same.
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 herein, in consideration of the after-the-fact Revocable Pennit requested by Mr. Robert
Swedroe, as Applicant, concerning the public street end at 78th Street, east of Atlantic Way, adjacent
to Mr. Swedroe's property located at 7747 Atlantic Way, accept the Administration's
recommendation, complying with the Historic Preservation Board Order, and grant said Permit,
contingent upon and subject to the following:
1. Within sixty (60) days following execution of the Mayor and City Commission's Resolution
granting such Revocable Permit, Mr. Swedroe shall submit a site and landscape plan
consistent with the attached Exhibit "B", for approval by the applicable City Departments and
Staff, and for obtaining the relevant construction/modification permits by the City or other
agenCIes.
Page 2 of 3
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2. The revised site and landscape plan shall incorporate, at a minimum, the following, to be
completed within the specified timeframe from the approval date of the plan:
a. All or a substantial portion of the decorative pavers in the public right-of-way
shall be removed and a new public sidewalk shall be installed 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, as shown in Exhibit "B".
TIMEFRAME FOR COMPLETION OF WORK: SIX (6) MONTHS
b. The existing trellis feature on the south side of the right-of-way shall either be
completely removed, or be relocated to an area within the confines of Applicant's
Property to the south.
TIMEFRAME FOR COMPLETION OF WORK: 30 DAYS
c. Eight (8) feet oflandscape 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.
TIMEFRAME FOR COMPLETION OF WORK: SIX (6) MONTHS
d. The existing fence shall be completely removed from the dune transition area, at
the eastern terminus of the 78th Street. No fencing or hedging of any kind shall be
permitted within the public right-of-way. ,
TIME FRAME FOR COMPLETION OF WORK: 30 DAYS
e. A miriimum twelve (12) foot path from the street end to the beach shall be retained
and preserved in a manner to be approved by staff.
TIMEFRAME FOR COMPLETION OF WORK: 60 DAYS
3. The Revocable Permit shall be granted until the proposed redesign of the Altos del Mar
Historic District street ends are finalized, at which time the Permit may be revoked.
PASSED and ADOPTED this 29th day of
ATTEST:
fIk6' f ~
CITY CLERK
APPROVED ~ TO
FORM & lANGUAGE
& FOR EXECUTION
Page 3 of 3
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HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: October 9, 2001
IN RE: The Application for a Certificate of Appropriateness for a beach
accessway.
FILE NO: 1172
PROPERTY: 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. All or 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
Meetinq 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 eastern 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
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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 reQuestino a buildinQ permit. three (3) sets of plans approved bv the Board. modified
in accordance with the above conditions. shall be submitted to the Plannino Department.
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 null and void.
Dated this
~'J
day of
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,20~( .
HISTORIC PRESERVATION BOARD
THE ~F MIAMI B~ FLORIDA
BY: If 1~
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 2. llf1c/ day of
Cc. N 6 d7l... 20 c:) , 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
mClALNOfARY
CHARLES A TAn
NOfAllYPtJBUC srATE'OF FLQRJDA
coMMlSSION NO. cC837790
MY COMMISSION EXP. MAY 29~
NOTA LtC cd"f~ c.. crT A. /ft-rr
Miami-Dade County, lorida
My commission expires:
Approved As To Form: ~~
Legal Department: ~ 'A-. ( 10 - L J... - t:; / )
Filed with the Clerk of the Historic Preservation Board on /<1/ 'J.z..Jd( ( ~
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution to grant in part an after-the fact Revocable Permit to Mr. Swedroe for portions of landscaping
and concrete pavers within the street-end right-of-way of 78th Street, adjacent to his property at 7747
Atlantic Way.
Issue:
Shall a Revocable Permit be granted for the retained portions of landscaping and pavers at the street-end
after it is modified to comply with the Historic Preservation Board Order?
Item Summary/Recommendation:
The Administration recommends that the Revocable Permit request for retaining a wrought iron fence, a
wooden trellis, portions of landscaping and portions of concrete pavers at the 78th street-end be denied,
and that a Revocable Permit be granted only for the portions of landscaping and pavers that would be
modified to comply with the Historic Preservation Board Order.
Advisory Board Recommendation:
Historic Preservation Board Order required the following:
(a.) Pavers in the right-of-way to be removed/replaced to clearly identify public/private property and to
create a public access way to the beach. (b.) Existing trellis to be removed. (c.) Landscaping on the south
side to be removed to accommodate a redesigned cul-de-sac driveway. (d.) The existing fence to be
removed. (e.) New signage delineating public access to the beach to be installed. (f.) Continuous sidewalks
on the north and south side shall be installed to the eastern most point of the cul-de-sac. (g.) A minimum
12 foot clear path from the street end to the beach to be provided.
Financial Information:
Amount to be expended:
D
Finance Dept.
. Source of
Funds:
T:\AGENDA\2002\MA Y2902\REGULAR\Swedroe Summary2.doc
AGENDA ITEM
DATE
f{7F
9J.9-oJ-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: May 29, 2002
Members of the City Commission
JorgeM.Gonzalez \A~
City Manager OU- 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, GRANTING IN PART AN AFTER-THE-FACT
REVOCABLE PERMIT TO MR. ROBERT SWEDROE CONCERNING THE
STREET END OF 78TH STREET, EAST OF ATLANTIC WAY, ADJACENT
TO MR. SWEDROE'S PROPERTY, LOCATED AT 7747 ATLANTIC WAY;
ACCEPTING THE ADMINISTRATION'S RECOMMENDATION AND
GRANTING SAID PERMIT TO RETAIN ONLY LIMITED LANDSCAPING
WITH LIGHTING AND IRRIGATION AND DENYING REMAINING
REQUEST FOR PERMIT OF WROUGHT IRON FENCE, TRELLIS,
PORTIONS OF LANDSCAPING AND PORTIONS OF CONCRETE
PAVERS OVER PUBLIC RIGHT-OF-WAY; FURTHER MAKING THE
GRANTING OF SAID PERMIT SUBJECT TO THE FOREGOING
CONDITIONS, AS SET FORTH IN THIS RESOLUTION; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
REVOCABLE PERMIT.
ADMINISTRATION RECOMMENDATION
The Administration recommends to adopt subject Resolution, which includes the following
conditions:
1. Denial of that portion of the applicant's after-the-fact revocable permit request regarding
retention of any portion of any fencing or hedging of any kind within the public right-of-
way. Also, denial of the wooden trellis as shown in the attached Exhibit "A".
2. Approval to grant an after-the-fact revocable permit to retain portions of the decorative
concrete pavers within the 78th Street street-end, excluding the north and south
sidewalk areas, as shown in the attached Exhibit" B".
3. Approval to grant an after-the-fact revocable permit to retain portions of the
landscaping, lighting and irrigation within the 78th Street street-end, excluding the north
and south sidewalk areas and a 12 foot wide path beach access, as shown in the
attached Exhibit" B", complying with the HP Board Order dated October 9,2001.
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, Mr. Swedroe withdrew the request prior
to the public hearing, and the hearing was never held. Consequently, no action was taken
on the permit request.
Notwithstanding the above, Mr. Swedroe constructed a circular concrete paver driveway
and a wrought iron fence with a gate 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
(See Exhibit "A"). None of these alterations were approved by the City of Miami Beach,
i.e. Mr. Swedroe never applied for a building permit to build these encroachments nor was
permission granted to utilize the right-of-way.
In a letter to Mr. Swedroe, dated October 23,1998, the City requested the removal ofthe
aforestated encroachments or, in the alternative, 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, Mr. Swedroe filed a revocable permit
application. 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, together with his wife, Rita Swedroe, 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". As a result of this meeting, Mr. Swedroe applied
for a new revocable permit on June 21,2000.
An Executive Session of the City Commission to further discuss settlement of the lawsuit
was held on July 12, 2000, prior to the Commission's consideration of Mr. Swedroe's
revocable permit application at the public hearing.
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, because the property
lies in the Altos-del-Mar Historic District, and to continue the public hearing on September
27,2000.
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 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 Swedroe's appealed this Order and on March 7, 2002 the Special
Master denied the appeal and affirmed the order of the Historic Preservation Board.
On the April 10, 2002 Commission meeting, a public hearing was scheduled for the May
8, 2002, Commission meeting, to review the outstanding revocable permit request for the
street-end at 78th Street. At the May 8,2002 Commission Meeting, the public hearing was
opened and continued to allow for further public notice on the matter.
ANALYSIS:
As mentioned above, on October 9, 2001, the City's Historic Preservation Board reviewed
the application for this street end and issued an Order with the following to meet the
Certificate of Appropriateness Criteria:
a. All or 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 access way 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.
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
eastern 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.
Following the above recommendations of the Historic Preservation Board (HPB) and public
policy that rights-of-way must remain public, with free access to the City residents and
visitors, the Administration recommends:
1. Denial of that portion of the applicant's after-the-fact revocable permit request
regarding retention of any portion of any fencing or hedging of any kind within the
public right-of-way. Also, denial of the wooden trellis as shown in the attached
Exhibit "A". And further requiring Mr. Swedroe to remove said fence and trellis and
any signs installed on the street-end within fifteen (15) days following the Mayor and
City Commission's Resolution concerning the subject revocable permit request.
2. Granting the applicant an after-the-fact revocable permit for the retention of the
existing circular paver driveway on public right-of-way, excluding the sidewalk areas
on the north and south side of the street, which shall be installed to comply with the
Historic Preservation Board Order.
3. Granting the applicant an after-the-fact revocable permit for the retention of the
existing landscaping, lighting and irrigation within the 78th Street right-of-way,
excluding the north and south sidewalk areas and a 12 foot wide beach access
area. The revocable permit shall be granted until the proposed redesign of the Altos
del Mar Historic District street ends are finalized and subject to said improvements
being properly permitted by any and all applicable City departments and subject to
any and all additional conditions (Le. such as trimming down of landscaping, etc.)
as the City Administration and/or Mayor and City Commission may reasonably
impose.
JMG/RCM/FHB/MA/A VNGK
T:\AGENDA\2002\MA Y2902\REGULAR\Swedroe Rev Permit.doc