2000-24103 RESO
RESOLUTION NO. 2000-24103
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 A LIMITED LANDSCAPING WITH LIGHTING
AND IRRIGATION AND DENYING REMAINING REQUEST FOR PERMIT OF
WROUGHT IRON FENCE, TRELLIS, PORTIONS OF LANDSCAPING AND
CONCRETE PAVERS OVER PUBLIC RIGHT-OF-WAY; FURTHER MAKING
THE GRANTING OF SAID PERMIT SUBJECT TO THE FOREGOING
CONDITIONS, AS SET FORTH IN TillS 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 public right-of-way, a trellis and
irrigated and lighted landscaping, at the Street End of 78th Street, east of Atlantic Way, adjacent to
his 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 as shown in attached Exhibit" A" ; and
WHEREAS, following said public hearing and the Historic Preservation Board Order, the
Mayor and City Commission find that the Applicant has in part met the criteria for consideration of
the subject Revocable Permit, as set forth in Section 82-94 of the City Code; consistent with the City
Code, the Mayor and City Commission further adopt the Historic Preservation Board Order and the
Administration's recommendations, as set forth in this Resolution, and address the revocable permit
application as follows:
1. Denial of that portion of the applicant's revocable permit request regarding retention of any
portion of the wrought iron fence and the wooden trellis; 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. Denial of the applicant's revocable permit request regarding retention of the existing circular
paver driveway. However, in the event Mr. Swedroe presents within 15 days following the
Mayor and City Commission's Resolution concerning the subject revocable permit request,
a proposed reconstruction of the public right-of-way by placing thereon pavers
which(consistent with the HPB Order) evidence a clear contrast between the public right-of-
way and the adjacent private properties, the Administration would recommend that the City
Commission consider granting a revocable permit for said reconstructed paved right-of-way;
this reconstructed right-of-way would require HP Board approved design and proper permits
within 3 months following expiration of the said period. Should Mr. Swedroe fail to meet
either of the time periods specified herein, the City Administration shall then proceed with
the removal and restoration of pavers within the 78th Street right-of-way. Any and all costs
incurred by the City in the event of such removal and restoration will be assessed towards
the adjoining properties.
3. Denial of the revocable permit request to maintain the landscaping on the south side of 78th
Street within the right-of-way. Approval to grant a revocable permit for the remaining
landscaping, lighting and irrigation 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
(i.e. such as trimming down oflandscaping, etc.) as the City Administration and/or Mayor
and City Commission may reasonably impose.
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 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; accept the Administration's recommendation and grant said Permit,
but only insofar as to retain portions of the landscaping with lighting, and irrigation, and deny
remaining request for permit of wrought iron fence, trellis, portions of landscaping and concrete
pavers over public right-of-way; further make the granting of said permit subject to the foregoing
conditions, as set forth in this Resolution; and authorize the Mayor and City Clerk to execute the
Revocable Permit.
2
PASSED and ADOPTED this 27th day of September
ATTEST:
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Cl'fYfL-ERK
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Resolution No~c2000-24103
1!/YJMAYOR
,2000.
APPROVEOMTO
FORM & LANGUAGE
& FOR EXECUTION
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HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: September 12, 2000
IN RE: The Application for a Certificate of Appropriateness for-a beach
accessway,
PROPERTY: Eastern Terminus of 78th Street (East of Atlantic Way)
LEGAL: Eastern Terminus of 78th Street (East of Atlantic Way)
FILENO: 1172
ORDER
The applicant, the City of Miami Beach, filed an application with the City of Miami
Beach Planning Department for a Certificate of Appropriateness with respect to certain
encroachments 1 in the public right-of-way of the 78th Street east street end.
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 in the Altos-del-Mar Local Historic District of the
City of Miami Beach.
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(aI111 of the Miami
Beach Code, is not consistent with Certificate of Appropriateness Criteria a, b.
d, e & f in Section 118-564(a)(2) of the Miami Beach Code, and is not
consistent with Certificate of Appropriateness Criteria a, c & f in Section 118-
564Ia)(3) of the Miami Beach Code.
C. The project would be consistent with the above criteria and requirements if the
following conditions are met:
1. A revised site and landscape plan shall be submitted; at a minimum, such
1 The subject encroachments were placed in the public right-of-way by the
property owner directly to the south, without City consent or approval.
Exhibit "All
Page 2
Meeting Date: September 12, 2000
HPB File No. 1172
drawings shall incorporate the following:
a. Allor 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.
c. An amount 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 aluminum picket fence shall be completely removed
from the dune transition area, at the eastern terminus of the 78th
Street.
e, A new signage plan, which clearly delineates publ;c 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.
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 is 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 hereof (conditions #1.a-f inclusive), 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
Page 3
Meeting Date: September 12, 2000
HPB File No. 1172
reviews and permits, including zoning approval. If adequate handicapped access is not
provided, this approval does not meat< 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 reauestina a building Dermit. three (3) sets of Dlans aDDroved bv the Board,
modified in accordance with the above conditions, as well as annotated floor Dlans
which clearlv delineate the Floor Area Ratio IFAR} calculations for the oroiect. shall be
submitted to the Planning Deoartment. If all of the above-specified conditions are
satisfactorily addressed, the plans will be reviewed for building permit approval. Two
121 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 (11 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 wil! expire and become null and void.
Dated this
day of
,20
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
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'p,s;...q"",~ BY:
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HERB SO SA
CHAIR
Approved As To Form: ~
Legal Department: (/,.. '~~ ( q"I1.("-crp
Filed with the Clerk of the Historic Preservation Board on
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. '( <+ 3 -D:)
TO:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
DATE: September 27, 2000
FROM:
Jorge M. Gonzalez
City Manager
'd<
SUBJECT: 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 A LIMITED LANDSCAPING WITH LIGHTING
AND IRRIGATION AND DENYING REMAINING REQUEST FOR PERMIT OF
WROUGHT IRON FENCE, TRELLIS, PORTIONS OF LANDSCAPING AND
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:
Adopt the Resolution with the following recommendations:
1. Denial of that portion of the applicant's revocable permit request regarding retention of any
portion of the wrought iron fence and the wooden trellis.
2. Denial of the applicant's revocable permit request regarding retention of the existing
circular paver driveway on public right-of-way. However granting a revocable permit only
if pavers restored to meet Historic Preservation Board Order.
3. Denial of the revocable permit request to maintain the landscaping on the south side of 78th
Street within the right-of-way. Approval to grant a revocable permit for the remaining
landscaping, lighting and irrigation complying with the HP Board Order.
4. Waiver of the after-the-fact permit application fee following timely dismissal by Mr.
Swedroe of subject lawsuit with prejudice against the City.
AGENDA ITEM R-l ("
DATE Q-27-00
ANALYSIS:
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, the request was withdrawn by Mr. Swedroe prior to the public hearing, and the hearing
was never held. Consequently, no action was taken on the permit request.
Notwithstanding the above, a circular concrete paver driveway and a wrought iron fence with a gate
were constructed by Mr. Swedroe and continue to encroach upon the City right-of-way at 78th Street,
adjacent to Mr. Swedroe's property. Additionally, other encroachments on the subject City right-of-
way, also installed by Mr. Swedroe include landscaping, a trellis, irrigation system, and lighting.
Acting pursuant to citizen complaint, the City requested via correspondence dated October 23, 1998,
the removal of the 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, a revocable permit application was filed by Mr.
Swedroe. 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, along
with his wife, Rita Swedroe, filed suit against the City, seeking review of the Revocable Permit
request. The City was successful in having the court dismiss this case. Subsequently, the Swedroes
filed another lawsuit for Declaratory Judgment and Supplemental Relief against the City, seeking
a Court order enjoining the City from removing the subject encroachments. Settlement offers of the
Swedroes have included the removal of the most grievous encroachments such as the gate (which,
as of the date of this memorandum, h!IS been removed); the wrought iron fence (a portion of which,
as of the date of this memorandum, has also been removed); removal of all signage referencing the
subject right-of-way as a "Private Drive"; while permitting, through the revocable permit process,
the pavers, landscaping, and the accompanying lighting and irrigation. On July 12, 2000, the Mayor
and City Commission considered Mr. Swedroe's latest revocable permit application.
The July 12,2000 public hearing was opened with discussion related to the Swedroe Revocable
Permit. After discussion, the Commission referred this item to the Historic Preservation Board, and
continued the Commission's public hearing to its September 27, 2000 Commission Meeting.
On September 12, the City's Historic Preservation Board reviewed the item and required the
following conditions to be met for the project 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. An amount 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 aluminum picket fence shall be completely removed from the
dune transition area, at the eastern terminus of the 78th Street.
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.
Following the review of this streetend by the Historic Preservation Board (HPB), and the conditions
of the above mentioned Order, the Administration recommends the following:
1. Denial of that portion of the applicant's revocable permit request regarding retention
of any portion of the wrought iron fence and the wooden trellis; and further requiring
Mr. Swedroe to remove said fence and trellis and any signs installed on the streetend
within fifteen (15) days following the Mayor and City Commission's Resolution
concerning the subject revocable permit request.
2. Denial of the applicant's revocable permit request regarding retention of the existing
circular paver driveway on public right-of-way. However, in the event Mr. Swedroe
presents within 15 days following the Mayor and City Commission's Resolution
concerning the subject revocable permit request, a proposed reconstruction of the
public right-of-way by placing thereon pavers which(consistent with the HPB Order)
evidence a clear contrast between the public right-of-way and the adjacent private
properties, the Administration would recommend that the City Commission consider
granting a revocable permit for said reconstructed paved right-of-way; this
reconstructed right-of-way would require HP Board approved design and proper
permits within 3 months following expiration of the said period. Should Mr.
Swedroe fail to meet either of the time periods specified herein, the City
Administration shall then proceed with the removal and restoration of pavers within
the 78th Street right-of-way. Any and all costs incurred by the City in the event of
such removal and restoration will be assessed towards the adjoining properties.
3. Denial of the revocable permit request to maintain the landscaping on the south side
of 78th Street within the right-of-way. Approval to grant a revocable permit for the
remaining landscaping, lighting and irrigation 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 (i.e. such as trimming down of
landscaping, etc.) as the City Administration and/or Mayor and City Commission
may reasonably impose.
4. As a condition subsequent to the passage of the Resolution granting in part the
request for the subject revocable permit, Mr. Swedroe will within 5 days from the
City Commission's Resolution concerning the subject revocable permit request,
dismiss the subject lawsuit with prejudice against the City. Once dismissal with
prejudice is timely filed, the Administration recommends a waiver of the after-the-
fact permit application fee.
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