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2003-25185 ResoRESOLUTION NO. 2003-25185 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON MAY 21, 2003, TO CONSIDER A REVOCABLE PERMIT REQUEST BY BEACH APARTMENTS AND BASSOBE I, LLC, FOR THE CONSTRUCTION OF A PICKET FENCE AND GATES IN THE PENNSYLVANIA AVENUE AND 15TH STREET PUBLIC RIGHT-OF- WAY, ADJACENT TO THEIR PROPERTY, THE CAMEO APARTMENTS, LOCATED AT 529 15TH STREET. WHEREAS, Beach Apartments and Bassobe I, LLC (the Owners), own the property located at 529 15th Street known as the Cameo Apartments (the Property); and WHEREAS, in order to provide an additional landing area to the individual town home stairs at the Property, the Owners are requesting to use a portion of the adjacent public right-of-way by relocating an existing picket fence, as well as installing a gate, approximately seven feet into the fight-of-way; and WHEREAS, the Owners have completed the application requirements for a Revocable Permit as required by the City Code, for the use of the aforementioned right-of-way; and WHEREAS, pursuant to Chapter 82, Article 1II, Division 2, Section 82-93 of the City Code, the Mayor and City Commission are required to hold a public hearing to consider the aforestated request for 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 a request for a Revocable Permit by Beach Apartments and Bassobe I, LLC. as owners of the Property known as the Cameo Apartments, located at 529 15th Street, to install a picket fence and gate on the City right-of-way enclosing approximately seven(7) feet into the adjacent public right-of-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 May 21, 2003, beginning atl. 0:45 am, 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 30th ATTEST: CITY CLERK F:\WORK\$ALL\VGK\COMMEMOXPHRG\CameoReso.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: IA Resolution to schedule a public hearing to consider a Revocable Permit request to construct an aluminum picket fence on Pennsylvania Avenue and 15th Street right-of-way adjacent to the Cameo Apartments. Issue: Shall a public hearing be scheduled on May 21, 2003? Item Summary/Recommendation: The Administration has reviewed the Revocable Permit request and found that it meets 3 of the 7 criteria for granting/denying the permit. Since the property is also located in a historic district, staffof the Historic Preservation Board have reviewed the request and do not recommend granting the permit. This has been communicated to the applicant as has other administration recommendations for denial, but the applicant wants to proceed with the application process. The applicant has a right to request a hearing, thus the Administration recommends that a public hearing should be scheduled on May 21,2003. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: Sign-Offs: I . De. _ .rt )ent ct I Assis/ta~City Manager City Manager CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMi BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Date: April 30, 2003 Members of the City Commission Jorge M. Gonzalez City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON MAY 21, 2003, TO CONSIDER A REVOCABLE PERMIT REQUEST BY BEACH APPARTMENTS AND BASSOBE I, LLC, FOR THE CONSTRUCTION OF A PICKET FENCE AND GATES IN PENNSYLVANIA AVENUE AND FIFTEENTH STREET RIGHT-OF-WAY, ADJACENT TO THEIR CAMEO APPARTMENTS PROPERTY, LOCATED AT 529 FIFTEENTH STREET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Pursuant to City Code, Chapter 82, Article III, Division 2, upon receipt of a Revocable Permit application, the City Commission shall schedule a public hearing to consider the request for use of the public right-of-way. Beach Apartments LLC and Bassobe I LLC, owners of the Cameo Apartments located at 529 Fifteenth Street, have completed the application requirements for requesting a Revocable Permit for the use of the public right-of-way adjacent to their above-mentioned property. The requested use will be for the construction of a 5-foot high aluminum picket fence and gates enclosing approximately a seven feet wide strip with a total area of 1444 sq. ft. of Pennsylvania Avenue and Fifteenth Street right-of-way, adjacent to their property (see attached Exhibit "A"). ANALYSIS The Administration has reviewed the Revocable Permit request and found that it meets 3 of the 7 criteria for granting/denying the permit. Since the property is also located in the Flamingo Park Historic District, staff of the Historic Preservation Board have reviewed the request and do not recommend granting the permit. This has been communicated to the applicant as has other Administration recommendation for denial, but the applicant still want to proceed with the application process. The applicant has a right to request a hearing, thus the Administration recommends that a public hearing should be scheduled on May 21,2003. Pursuant to City Code, Chapter 82, Article III, Division 2, Section 82-92, Revocable Permits, and the City Attorney's recommendation, a fully notified public hearing is required to consider the Revocable Permit request by the City Commission. The applicant in compliance with Revocable Permit requirements will provide the City a list of property owners within a radius of 375 feet to be notified of the scheduled public hearing. Mailed notices of this public hearing shall be provided at least 15 days prior to the hearing to those owners lying within the 375 feet of the subject property. The notice shall indicate the date, time and place of the hearing and the nature of the request and shall invite written comments and/or participation at the hearing. CONCLUSION Recommend the City Commission set a time on May 21,2003, for a public hearing, during the Commission meeting Attachment J MG/RCM/F H B/RH/AVNG K T:~AGENDA~003~apr3003~consent~CAMEO. doc PENNSYLVANIA A VENUE