2001-24397 RESO
RESOLUTION NO. 2001-24397
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING CITY OF MIAMI
BEACH RESOLUTION NO. 2000-24103, WHICH RESOLUTION GRANTED
IN PART AN AFTER-THE-FACT REVOCABLE PERMIT TO MR. ROBERT
SWEDORE CONCERNING THE STREETEND OF 78TH STREET, EAST
OF ATLANTIC WAY, ADJACENT TO MR. SWEDROE'S PROPERTY
LOCATED AT 7747 ATLANTIC WAY.
WHEREAS, on September 27, 2000, City of Miami Beach Resolution No. 2000-24103
(attached hereto as Exhibit "A") was passed and adopted by the Miami Beach City Commission,
which resolution granted in part an after-the-fact revocable permit to Mr. Robert Swedroe concerning
the streetend of 78th Street, east of Atlantic Way, adjacent to Mr. Swedroe's property, located at
7747 Atlantic Way -- this after-the- fact revocable permit allowed certain encroachments on the
subject right-of-way, subject to conditions set by the City of Miami Beach Historic Preservation
Board at its meeting of September 12, 2000; and
WHEREAS, the subject City Commission Resolution has been nullified by operation oflaw,
as a result of the Special Master's decision of January 29, 2001 reversing the Historic Preservation
Board's September 12, 2000 decision, which decision served as the grounds for the City
Commission Resolution at issue.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that City of Miami Beach
Resolution No. 2000-24103 is thus hereby repealed in its entirety.
PASSED and ADOPTED this 16th
day OfM'w;;JJ
ATTEST:
~f~
CITY CLERK
IKOIkw
F:\A TTOIOLIlIRES-ORD\241 03RES.RPL
MAYOR
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
.r:-~"'ol
Dale
RESOLUTION NO. 2000-24103
A RESOLUTION OF THE MAYOR At"lD CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, GRAt"lTING 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 At"lD GRANTING
SAID PERMIT TO RETAIN ONLY A LIlYllTED LANDSCAPING WITH LIGHTING
AND IRRIGATION AND DENYING REMAINING REQUEST FOR PERlHIT OF
WROUGHT IRON FENCE, TRELLIS, PORTIONS OF LANDSCAPING A."'D
CONCRETE PAVERS OVER PUBLIC RIGHT-OF-WAY; FURTHER l\'IAKING
THE GRANTING OF SAID PERMIT SUBJECT TO THE FOREGOING
CONDITIONS, AS SET FORTH IN TffiS RESOLUTION; AND AUTHORIZING
THE l\'1A YOR At"lD 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 shov.TI 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:
EXHIBIT "A"
1. Denial of that portion of the applicant's revocable permit request regarding retention of any
portion of the \Hought iron fence and the wooden trellis; and further requiring !'vIr. 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 montITs 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.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR A1~D 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
,2000.
_f2Ik~t}- ~~
CITY CLERK
PM
'MAYOR
ATTEST:
RJA\k,...ivgk
f:\WORX\SAll\VG,,'coMMEMO\JlE.VClC'm~7A Tt.SREV
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Resolution No. 2000-24103
-2'
'1/;.1-""
Date
STATE OF FLORIDA
COUNTY OF DADE:
I, FlOSERT PARCHER, City C1e1k c:A cay of
Miami Beach. Florida, do hereby certify In:;.t
the ebove and foregoing is a true and oorr __ :t
coPy of th. original thereof on fil. in t. .;
offICe.
WITNESS my hand and the seal of Mid C,.y
this ,}ftt-day off<7l?~D. 2000
ROBERT P.6~CHER
",~,~Z~~(,..
By: 0., Jly
.:........
3
OFFICE OF THE CITY ATTORNEY
<6~ efJl(umu.lI-
F
L
o
R
D
A
MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. 3:28-0 L
DATE: MAY 16,2001
TO:
MAYOR NEISEN KASDIN,
MEMBERS OF THE CITY COMMISSION
MURRAY H. DUBBIN~ft
CITY ATTORNEY
FROM:
SUBJECT:
PROPOSED REPEAL OF CITY OF MIAMI BEACH RESOLUTION NO. 2000-
24103 GRANTING IN PART AN AFTER-THE-FACT REVOCABLE PERMIT TO
ROBERT SWEDROE
City of Miami Beach Resolution No. 2000-24103 was passed and adopted by the Miami Beach City
Commission on September 27,2000; this Resolution, which granted in part an after-the-fact revocable
permit to Robert Swedroe for certain encroachments placed by him on a public right-of-way located
adjacent to his property at 7747 Atlantic Way, was premised upon actions taken by the Miami Beach
Historic Preservation Board on 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. Accordingly, by operation of law, the September 27,
2000 actions taken by the City Commission with regard to the subject revocable permit, have been
nullified. The attached resolution thus proposes the repeal of City of Miami Beach Resolution No. 2000-
24103 in its entirety.
JKO\kw
F:\ATIO\OLIJ\RES-ORDIMEMOS\24103RES.RPL
Attachment
1700 Convention Center Drive -- Fourth Floor - Miami Bel
Agenda Item R7 P
Date S-(6--D1