99-23244 Reso
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO BERNARD MOLLOD, AS
OWNER OF THE DAYS INN-NORTH BEACH, LOCATED AT 7450 OCEAN TERRACE,
FOR THE CONSTRUCTION OF A PORTION OF A HANDICAP ACCESS RAMP WITH
RAILING WITHIN THE ADJACENT CITY RIGHT-OF-WAY; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE
PERMIT AGREEMENT.
WHEREAS; Bernard Mollod (the Applicant) owns the Days Inn-North Beach, located at 7450
Ocean Terrace (the Property) ; and
WHEREAS, the Applicant has applied for a Revocable Permit to install a portion of a handicap
access ramp with railing on the Ocean Terrace City public right-of-way, adjacent to the Property; and
WHEREAS, pursuant to Chapter 82, Article ill, Division 2, Section 82-94, of the Miami Beach City
Code, the Mayor and City Commission held an advertised public hearing to consider the aforestated request,
on July 7, 1999; and
WHEREAS, the Administration would recommend that the Revocable Permit be granted to the
Applicant, subject to the conditions set forth in this Resolution; and
WHEREAS, following said public hearing, and in accordance with the Administration's
recommendations, the Mayor and City Commission has determined that the criteria for the granting of said
Revocable Permit, as set forth in Section 82-94 of the City Code, has been satisfied and that, accordingly,
the Revocable Permit be granted to the Applicant, subject to the conditions set forth herein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Commission herein
find that the criteria, pursuant to Section 82-94 ofthe City Code, has been satisfied and approved, and further
authorize the Mayor and City Clerk to execute a Revocable Permit in favor of Bernard Mollod, as owner
of the Days Inn-North Beach, located at 7450 Ocean Terrace, to install a portion of a handicap access ramp
within the City public right-of-way at Ocean Terrace, Miami Beach, Florida, said Permit contingent upon
the following conditions:
a. Handicap ramp location to be as approved and shown in the attached Exhibit liB".
b. Handicap ramp and railing final design to be approved by the Design Review and Historic
Preservation Boards.
PASSED and ADOPTED this
day of
,1999
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUnON
Po\WORKISALLIVGKlCOMMBMOlREVoc.oA YSINN.WFD
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Dale
~ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Neisen Kasdin and
Members of the City Co mission
DATE: July 7, 1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE
PERMIT TO BERNARD MOLLOD, AS OWNER OF THE DAYS INN-
NORTH BEACH, LOCATED AT 7450 OCEAN TERRACE, FOR THE
CONSTRUCTION OF A PORTION OF A HANDICAP ACCESS RAMP
WITH RAILING WITHIN THE ADJACENT CITY RIGHT-OF-WAY.
ADMINISTRATION RECOMMRNDATION:
Adopt the Resolution.
BACKGROUND:
The amended City Code Chapter 82, Article III, Division 2, addressing Revocable Permits for the
use of City right-of-ways by adjacent property owners, established guidelines for the City
Commission to grant or deny a Revocable Permit, following a public hearing.
Mr. Bernard Mollod, as owner of the property located at 7450 Ocean Terrace, submitted an
application for a Revocable Permit requesting to construct a portion of a handicap access ramp with
handrail within City right-of-way on Ocean Terrace near 75th Street.
At the City Commission meeting of June 23, 1999, the public hearing was set for July 7, 1999.
Notices have been mailed to the adjacent property owners and advertised in the local newspaper.
ANAI.YSIS:
Pursuant to the City's Code, Chapter 82, Article III, Division 2, Section 82-94 for Revocable
Permits, the applicant's request, as presented in the application or amended by the conditions
recommended by the Administration, meets the following criteria:
AGENDAITEM~
DATE~
." o.
1. The applicant holds title to the abutting property and has substantial need in providing a
handicap access ramp to the property from the sidewalk.
2. Granting this permit does not have an adverse effect on City futility easements or use of
public property. .
3. The revocable permit is sought out of special circumstances and conditions that exist,
peculiar to the property and the need to accommodate Americans with Disabilities Act
(ADA) requirements (Attachment #1).
The property is in the Harding Townsite/South Altos Del Mar Historic District. The Revocable
Permit application, for the proposed handicap ramp as submitted by the applicant, covers an area
of29.1 square feet within the Ocean Terrace sidewalk (Exhibit "A").
City staffhas reviewed the proposed location of the ramp and evaluated several alternatives. Based
on this evaluation, the Administration recommends locating the handicap ramp on the east side of
the property, as shown in the attached Exhibit "B". This location will also require a Revocable
Permit for the use of approximately 55 square feet of the City's right-of-way. The final design of the
handicap ramp and railing will be subject to the approval of the Design Review and Historic
Preservation Boards.
CONCI.USTON:
The Mayor and City Commission should adopt the resolution, granting a Revocable Permit for the
handicap access ramp located as shown in Exhibit "B".
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EXHIBIT "8"
Hatfield, Llllam
From:
Sent:
To:
Cc:
Subject:
KevinPerkins
January 22,200303:47 PM
Hatfield, Llliam
Gomez, Jorge; Kokorian, Gary; Beckmann, Fred; Cary, William; Mooney, Thomas
7450 Ocean Terrace: Pending Resolution 99-23244
Liliam:
With regard to the pending resolution (99-23244) for the granting of a
revocable permit to construct a portion of a handicap ramp in the
City's right-of-way at the subject address, I request your assistance.
An inspection of the property was performed, by myself, on January 21,
2003. Per my inspection, it was noticed that the proposed handicap
ramp was never constructed. Rather, the applicant / owner installed a
mechanical lift adjacent to the terrace access stairway and well
within the limits of their property, to address the issue of
accessibility. In addition, no Building permit, Public Works Permit
or Revocable Permit was issued for a handicap ramp. Is it possible
that the owner / applicant withdrew or abandoned the original handicap
ramp proposal in exchange for the mechanically assisted lift, and if
so, what information or correspondence would be necessary to finalize
the open resolution? If you could please respond to me, I would be
happy to provide whatever information may be necessary to finalize the
pending resolution.
Thank youl
----> Kevin Perkins @ x6577
1