Resolution 94-21059 RESOLUTION NO. 94-21059
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A
DATE AND TIME TO HEAR AN APPEAL OF A DECISION
OF THE DESIGN REVIEW/HISTORIC PRESERVATION
BOARD REQUIRING REMOVAL OF CERTAIN ROUND
SURFACE LIGHTS AND. SIMPLIFICATION OF AN
UNAPPROVED EXISTING ARCHED PARAPET OR REMOVAL
OF AN EXISTING TOWER, AS CONDITIONS FOR
GRANTING AFTER-THE-FACT DESIGN REVIEW APPROVAL
AND A CERTIFICATE OF APPROPRIATENESS FOR -
RENOVATIONS TO A RESTAURANT AT 1101 WASHINGTON
AVENUE.
WHEREAS, an application was submitted to the Planning, Design
and Historic Preservation Services Division requesting after-the-
fact Design Review Approval and a Certificate of Appropriateness
for renovations to a restaurant at 1101 Washington Avenue; and
WHEREAS, on September 14, 1994 the Design Review/Historic
Preservation Board granted the request subject to certain
conditions, which included removal of certain round surface lights
and removal of an existing tower in the middle of the building; and
WHEREAS, the applicant requested that the Board reconsider the
aforesaid conditions of approval; and
WHEREAS, on January 11, 1994, the City' s Design
Review/Historic Preservation Board considered the applicant' s
request and decided to retain the requirement of removal of the
round surface lights and to allow the applicant the option of
either removing the tower or keeping the tower and simplifying the
design of the arched parapet, as set forth in the Board' s Order
attached hereto as Exhibit "1" ; and
WHEREAS, the applicant has appealed the Board' s decision, to
the City Commission upon the grounds set forth in the letter of
January 28, 1994 which is attached hereto as Exhibit "2" ; and
WHEREAS, pursuant to Subsection 18-2 of the City' s Zoning
Ordinance, the Mayor and City Commission must hear the appeal and
render a decision regarding this matter.
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 will consider an appeal of a decision of the City' s
Design Review/Historic Preservation. Board requiring removal of
certain round surface lights and simplification of an unapproved
existing arched parapet or removal of an existing tower, as
conditions for granting after-the-fact Design Review Approval and
a Certificate of Appropriateness for renovations to a restaurant
located at 1101 Washington Avenue, in their chambers on the Third
Floor of City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, on April & , 1994 beginn' /g at 3:30 p .m.
PASSED and ADOPTED this 16th day/if February , 1994 .
ATTEST:
• MAYOR
(17Z)4.^0A-
Ilr
CITY CLERK
SWS:scf:disk6\fastfood.res
FORM APPROVED
LEGAL DEPT.
By J2-3
Date SWS. 2.-9. 94
2
' DESIGN REVIEW/HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: January 11, 1994
IN RE: The Application for a Certificate of
Appropriateness and Design Review Approval for
revisions to a previously approved plan.
PROPERTY: 1101 Washington Avenue
FILE NO: 4212J
ORDER
The applicant, Miami Subs Corporation, filed an application with
the City of Miami Beach' s Planning, Design & Historic Preservation
Division for a Certificate of Appropriateness and Design Review
approval .
FINDINGS OF FACT
The City of Miami Beach' s Design Review/Historic Preservation Board
makes the following findings :
1 . The proposed project is located in the Flamingo Local Historic
and National Register Districts of the City of Miami Beach.
2 . The project as submitted is not consistent with the Design
Review Criteria Nos . 2 , 4, 5, 10 & 11 in Subsection 18-2 of
Zoning Ordinance No. 89-2665 .
3 . The project would be consistent with the afore-stated criteria
and requirements if the following conditions are met :
1 . The existing tower may remain if the arched parapet is
simplified in a manner which is consistent with the
existing architecture of the building. Specifically, the
overall height, curve and stairstepping of said parapet
shall be reduced and modified• in a manner to be approved
by staff .
2 . The existing rounded surface lights, on the south and
west elevations, shall be removed, as required in the
original approval .
CONCLUSIONS OF LAW
1 . The project as submitted does not meet the requirements as set
forth in Subsections 18-2 of Zoning Ordinance No. 89-2665 for
Design Review approval and "a Certificate of Appropriateness .
2 . The project will meet the requirements for Design Review
approval and a Certificate of Appropriateness if the
EXHIBIT "1"
' conditions set forth in Finding No. 3 above are met and if the
Building Department determines that the project meets the
concurrency requirements in Section 22 of the Zoning
Ordinance.
DECISION OF THE BOARD
The City' s joint Design Review/Historic Preservation Board hereby
grants Design Review approval and a Certificate of Appropriateness
for the above-referenced project conditioned upon the following:
1 . The existing tower may remain if the arched parapet is
simplified in a manner which is consistent with the
existing architecture of the building. Specifically, the
overall height, curve and stairstepping of said parapet
shall be reduced and modified in a manner to be approved
by staff .
2 . The existing rounded surface lights, on the south and
west elevations, shall be removed, as required in the
original approval .
No building permit may be issued unless and until conditions as set
forth herein have been met .
Please be advised that Design Review Board approval does not
relieve the applicant from obtaining all other required Municipal,
County and/or State reviews and permits including zoning. If
handicapped access is not provided, this approval does not mean
that handicapped access is not required or that the Board supports
an applicant' s effort to seek waivers relating to handicapped
accessibility requirements .
When you are prepared to rectuest a building permit, please modify
the plans in accordance with the above conditions and submit three
(3) sets to the Planning, Design and Historic Preservation
Division. If all of the above-specified conditions are addressed,
the plans will be stamped approved. Two (2) sets will be returned
to you for submission for a building permit. One (1) set will be
retained for the Design Review Board' s file. If the building
permit is not issued within one (1) year of the meeting date, the
Design Review approval will become void. If you have any
questions, please�n do .not hesitate to call us .
Dated this �" day of L C(44)A4AY
, 199 .
DESIGN REVIEW/HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
By: S�0 K. 612 Gam;,
Chdirperson
4212 .FO
•
Miami Subs Corporation
~< ;
6300 N W 31st A,enne
+- �•, � Fat Laudr=tlato.Florida 33309
t 'u y ► Prniile 13051 9_3-0000
. ;? Fax 13051 9:3-,616
•
GRILLL
January 28, 1994 D ETJOW F')7.
JAN 3 r ts94
VIA FEDERAL EXPRESS
-`t.,.,.,,. .. .. 7 N NG 1-,-
Director
Design Review/Historic Preservation Board
c/o Planning and Zoning Department
City Hall, 2nd Floor
1700 Convention Center Drive
Miami Beach, Florida 33139 .
Re: Design Review File No. 4212J
Miami Subs Grill
1101 Washington Street, Miami Beach, Florida
Boardmembers:
Reference being made to the above, the present is an appeal to the Decision of the Design
Review/Historic Preservation Board rendered on January 11, 1994. We hereby request the
removal of two (2) conditions imposed upon Miami Subs Corporation in order for the Board to
grant a "Certificate of Appropriateness." The two conditions are:
1. - Removal of existing round,surface lights on the south and west elevations;
and
2. Simplification and modification of the existing arched parapet, or removal
of the existing tower structure.
Sincerely,
k.cr
Deborah Frost
MIAMI SUBS CORPORATION
EXHIBIT "2"
r 1 .
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
•
COMMISSION MEMORANDUM NO. 13Z-9V
•
TO: Mayor Seymour Gelber and DATFebruary 16, 1994
.Members of the City Commission
FROM: Roger M. Carp311/11011^)
City Manager
SUBJECT: REQUEST FOR THE CITY COMMISSION TO SET A DATE AND
TIME TO CONSIDER AN APPEAL BY MIAMI SUBS
CORPORATION OF A JOINT DESIGN REVIEW/HISTORIC
PRESERVATION BOARD DECISION DENYING APPROVAL FOR
REVISIONS TO THE ORIGINAL APPROVAL OF A FAST FOOD
RESTAURANT AT 1101, WASHINGTON AVENUE.
RECOMMENDATION .
The Administration recommends that the City Commission set a time
certain on March 2, 1994 to consider an appeal by Miami Subs
Corporation of a Joint Design 'Review/Historic Preservation Board
decision denying approval for revisions to it's original approval
of a fast food restaurant at 110.1 Washington Avenue.
BACKGROUND
•
The Joint Design Review/Historic Preservation Board, at the January
11, 1994 meeting, denied the applicant's request for revisions to
a previously approved plan. Specifically, the applicant sought to
remove two (2) conditions imposed on the original application,
which were approved at the September 14, . 1993 meeting (see attached
staff reports and Final Orders from said meetings) . These
conditions are:
1. The proposed decorative circular light features on the
south and west elevations of the building, not shown on
the plans, shall be removed prior to the issuance of a
building permit
2. The existing tower structure, in the middle of the
building and which is not shown on the plans, shall be
removed.
ANALYSIS
The applicant, Miami Subs Corporation, seeks to appeal the decision
of the Joint Board for reasons indicated in the attached appeal
letter. Specifically, the applicant is appealing this decision to
• the City Commission pursuant to Section 18-2, I-1 of the Zoning
Ordinance which reads:
In order to reverse, amend, or modify any decision of the
Design Review Board, the 'City Commission shall find that
the Design Review Board acted arbitrarily and
capriciously in abuse of its discretionary powers. The
vote to reverse, amend or modify shall require five (5) 57
votes from the City Commission.
1 AGENDA _
ITEM
• • DATE I
•
CONCLUSION
The Administration has concluded that the City Commission should
set a date hand time to consider an appeal by Miami Subs
Corporation of a Joint Design Review/Historic Preservation Board
decision denying approval for revisions to the original approval of
a fast food restaurant at 1101 Washington Avenue.
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Enclosure
•
58
2
b
DESIGN REVIEW/HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: January 11, 1994
IN RE: The Application for a Certificate of
Appropriateness and Design Review Approval for
revisions to a previously approved plan.
PROPERTY: 1101 Washington Avenue
FILE NO: 4212J
ORDER
•
The applicant, Miami Subs Corporation, filed an application with
the City of Miami Beach' s Planning, Design & Historic Preservation
'Division for a Certificate of Appropriateness and Design Review
approval .
FINDINGS OF FACT
The City of Miami Beach' s Design Review/Historic Preservation Board
makes the following findings :
1 . The proposed project is located in the Flamingo Local Historic
and National Register Districts of the City of Miami Beach.
2 . The project as submitted is not consistent with the Design
Review Criteria Nos . 2, 4, 5, 10 & 11 in Subsection 18-2 of
Zoning Ordinance No. 89-2665.
3 . The project would be consistent with the afore-stated criteria
and requirements if the following conditions are met :
1 . The existing tower may remain if the arched parapet is
simplified in a manner which is consistent with the
existing architecture of the building. Specifically, the
overall height, curve and stairstepping of said parapet
shall be reduced and modified, in a manner to be approved
by staff .
2 . The existing rounded surface lights, on the south and
west elevations, shall be removed, as required in the
original approval .
CONCLUSIONS OF LAW
1 . The project as submitted does not meet the requirements as set
forth in Subsections 18-2 of Zoning Ordinance No. 89-2665 for
Design Review approval and 'a Certificate of Appropriateness.
2 . The project will meet the requirements for Design Review
approval and a Certificate of Appropriateness if the
EXHIBIT "1"
' conditions set forth in Finding No. 3 above are met and if the
Building Department determines that the project meets the
concurrency requirements in Section 22 of the Zoning
Ordinance .
DECISION OF THE BOARD
The City' s joint Design Review/Historic Preservation Board hereby
grants Design Review approval and a Certificate of Appropriateness
for the above-referenced project conditioned upon the following:
1 . The existing tower may remain if the arched parapet is
simplified in a manner which is consistent with the
existing architecture of the building. Specifically, the
overall height, curve and stairstepping of said parapet
shall be reduced and modified in a manner to be approved
by staff .
2 . The existing rounded surface lights, on the south and
west elevations, shall be removed, as required in the
original approval .
No building permit may be issued unless and until conditions as set
forth herein have been met .
Please be advised that Design Review Board approval does not
relieve the applicant from obtaining all other required Municipal,
County and/or State reviews and permits including zoning. If
handicapped access is not provided, this approval does not mean
that handicapped access is not required or that the Board supports
an applicant' s effort to seek waivers relating to handicapped
accessibility requirements .
When you are prepared to request a building permit, please modify
the plans in accordance with the above conditions and submit three
(3) sets to the Planning, Design and Historic Preservation
Division. If all of the above-specified conditions are addressed,
the plans will be stamped approved. Two (2) sets will be returned
to you for submission for a building permit . One (1) set will be
retained for the Design Review Board' s file. If the building
permit is not issued within one (1) year of the meeting date, the
Design Review approval will become void. If you have any
questions, please do not hesitate to call us .
Dated this 7/011 day of l , 199 .
DESIGN REVIEW/HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
B : �C"`^'\ K1 6iv ,
y Chirperson
4212 .FO
i C.
(,p --
. ,,., ;, • Miami Subs Corporation
�=,•. ._ / Foil Laude dd Florida 33309
tea-`...
7 ., ;! Fri;,� 1.3051 9 3 0000
� l Fax 13051 9: T 616
. G R 1 L L
January 28, 1994 D O d [7.
' �1
J1JJ JAN 31'M 0
VIA FEDERAL EXPRESS
" ..,. .. .. 7,NING f;-
Director -
Design Review/Historic Preservation Board
c/o Planning and Zoning Department
City Hall, 2nd Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Design Review File No. 4212J
Miami Subs Grill
1101 Washington Street, Miami Beach, Florida
Boardmembers:
Reference being made to the above, the present is an appeal to the Decision of the Design
Review/Historic Preservation Board rendered on January 11, 1994. We hereby request the
removal of two (2) conditions imposed upon Miami Subs Corporation in order for the Board to
grant a "Certificate of Appropriateness." The two conditions are:
1. • Removal of existing round surface lights on the south and west elevations;
and .
2. Simplification and modification of the existing arched parapet, or removal
of the existing tower structure.
Sincerely, .
iS , (?)/c4-r .
Deborah Frost
MIAMI SUBS CORPORATION
EXHIBIT "2"
;9 \ .
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
. 1.1111111..1
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. ) .,z-95/
TO: Mayor Seymour Gelber and DATtebruary 16, 1994
Members of the City Commission
FROM: Roger M. Carl
City Manager
SUBJECT: REQUEST FOR THE CITY COMMISSION TO SET A DATE AND
TIME TO CONSIDER AN APPEAL BY MIAMI SUBS
CORPORATION OF A JOINT DESIGN REVIEW/HISTORIC
PRESERVATION BOARD DECISION DENYING APPROVAL FOR
REVISIONS TO THE ORIGINAL APPROVAL OF A FAST FOOD
RESTAURANT AT 1101 WASHINGTON AVENUE.
RECOMMENDATION
The Administration recommends that the City Commission set a time
certain on March 2, 1994 to consider an appeal by Miami Subs
Corporation of a Joint Design Review/Historic Preservation Board
decision denying approval for revisions to it's original approval
of a fast food restaurant at 1101 Washington Avenue.
BACKGROUND
The Joint Design Review/Historic Preservation Board, at the January
11, 1994 meeting, denied the applicant's request for revisions to
a previously approved plan. Specifically, the applicant sought to
remove two (2) conditions imposed on the original application,
which were approved at the September 14, 1993 meeting (see attached
staff reports and Final Orders from said meetings) . These
conditions are:
1. The proposed decorative circular light features on the
south and west elevations of the building, not shown on
the plans, shall be removed prior to the issuance of a
building permit
2. The existing tower structure, in the middle of the
building and which is not shown on the plans, shall be
removed.
ANALYSIS
The applicant, Miami Subs Corporation, seeks to appeal the decision
of the Joint Board for reasons indicated in the attached appeal
letter. Specifically, the applicant is appealing this decision to
the City Commission pursuant to Section 18-2, I-1 of the Zoning
Ordinance which reads:
In order to reverse, amend, or modify any decision of the
Design Review Board, the City Commission shall find that
the Design Review Board acted arbitrarily and
capriciously in abuse of its discretionary powers. The
vote to reverse, amend or modify shall require five (5) 57
votes from the City Commission. 4
v
1 AGENDA _
ITEM �_ I
DATE
•
CONCLUSION
The Administration has concluded that the City Commission should
set a date hand time to consider an appeal by Miami Subs
Corporation of a Joint Design Review/Historic Preservation Board
decision denying approval for revisions to the original approval of
a fast food restaurant at 1101 Washington Avenue.
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Enclosure
•
•
58
2