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2010-27328 Reso2010-27328 RESOLUTION NO.. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME, AND HAVING CONSIDERED THE CITY ADMINISTRATION'S RECOMMENDATION AND THE CRITERIA FOR GRANTING AN AFTER-THE-FACT REVOCABLE PERMITS PURSUANT TO SECTION 82-94 OF THE MIAMI BEACH CITY CODE, GRANTING AN AFTER-THE-FACT REVOCABLE PERMIT IN FAVOR OF THE APPLICANT, THE BETSY ROSS OWNER LLC, OWNER OF THE BETSY HOTEL SOUTH BEACH, LOCATED AT 1440 OCEAN DRIVE, TO RETAIN AN AS-BUILT PREFABRICATED CANVAS AWNING THAT EXTENDS APPROXIMATELY FOURTEEN FEET, THREE INCHES (14'-3") OVER AND INTO THE PUBLIC RIGHT-OF-WAY WITH A MINIMUM VERTICAL HEIGHT OF SEVEN FEET, SIX INCHES (7'-6"), AS MEASURED FROM THE FINISHED SIDEWALK GRADE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE PERMIT. WHEREAS, the Betsy Ross Hotel, located at 1440 Ocean Drive, was constructed in 1941 and designed by noted Architect L. Murray Dixon, and is located within the National Register Architectural District and the Ocean Drive / Collins Avenue Local Historic District; and WHEREAS, the building architectural, known as Colonial Revival, was very popular in Miami Beach during the Art Deco period during the mid 1930s thru early 1940s; and WHEREAS, the Betsy Ross Hotel, now the Betsy Hotel, recently completed a substantial rehabilitation and restoration of this highly significant building; and WHEREAS, the Applicant, the Betsy Ross Owner LLC, has re-introduced the original front entrance canopy, based upon historic, period photographs, and has applied for an after-the-fact Revocable Permit to maintain the canopy, which currently extends approximately fourteen feet, three inches (i4'-3") over and into the public ROW, with a minimum vertical height of seven feet, six inches (7'-6"), as measured from the finished sidewalk grade; and WHEREAS, the Planning Department supports the applicant's proposed revocable permit application, as it would result in the restoration of an original architectural feature to the property; and WHEREAS, as required pursuant to Section 82-93 of the City Code, a duly noticed public hearing at the City Commission Meeting on February 3, 2010, to hear public comments regarding the Betsy Ross Hotel request; and WHEREAS, accordingly, following such public hearing, the Administration recommends that the Mayor and City Commission approve the aforestated revocable permit request by the Betsy Ross Hotel NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing to hear public comment on same, and having considered the City's Administration's recommendation and the criteria for granting an After-the-Fact Revocable Permits pursuant to Section 82-94 of the Miami Beach City Code, hereby grant an After-the- Fact Revocable Permit in favor of the Applicant, The Betsy Ross Owner LLC, owner of The Betsy Hotel South Beach, located at 1440 Ocean Drive to retain as-built prefabricated canvas awning that extends approximately fourteen feet, three inches (14'-3") over and into the public right-of-way with a minimum vertical height of seven feet, six inches (7'-6"), as measured from the finished sidewalk grade; and further authorizing the Mayor and City Clerk to execute the permit. 10 PASSED AND ADOPTED this 3 day of ~• 2099. ATTEST:. IN~WW` CITY CLERK MA OR T:WGENDA\2010\February 3\Consent11440 Ocean Ddve eesry Ross Hotel Reso.doc APPROVED AS TO FORM & LANGUAGE & FOR E~CFCUTION 2'T 1 are COMMISSION ITEM SUMMARY Contlensetl Title: A Resolution To Consider An After-The-Fact Revocable Permit Requested By The Betsy Ross Owner LLC, Owner Of The Betsy Hotel South Beach Located At 1440 Ocean Drive, To Retain A Built Prefabricated Canvas Awning That Extends Over And Into The Public Right-Of-Way. Issue: Shall the Mayor and Ci Commission adopt the Resolution? PUBLIC HEARING On December 9'", 2009 the City Commission adopted Resolution No. 2009-27270, which set a public hearing date of January 13v', 2010 to consider a request for a Revocable Permit by the Betsy Ross Hotel South Beach at 1440 Ocean Drive, Miami Beach, Florida. On January 13, 2010 The Betsy Ross Owner LLC, requested that the public hearing be opened and continued to the Commission meeting of February 3, 2010. The Betsy Ross Hotel request to retain a built prefabricated canvas awning that extends approximately fourteen feet three inches (14'-3") over and into the public right of way with a minimum vertical height of seven feet six inches (7'-6") as measured from the finished sidewalk grade. The Betsy Hotel Constructed in 1941 was designed by noted Architect L. Murray Dixon. Historic photographs in the mid-1930s thru the early 1940s capture the eloquent architectural feature of the original canvas awning which extended over and into the public Right-of-Way. Presently, the as-built canvas awning extends over and into the public right of way with two (2) fixed vertical support columns attached to two (2) steel base plates embedded into the public sidewalk. The Betsy Hotel is classified as `Contributing' in the Miami Beach Historic Properties Database and is located within the National Register Architectural District and the Ocean Drive / Collins Avenue Local Historic District. The City has concluded that The Betsy Ross request for a revocable permit meets all criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances for the granting/denying of revocable permits. Additionally, the Planning Department supports the intent of the Applicant to provide a historic replica which adds character to the Ocean Drive / Collins Avenue Local Historic District artd restores an historic entrance feature, and that the Applicant has maintained the encroachment in good condition, the administration recommends the approval of the revocable permit and as such, recommends that the City Commission adopt the attached Resolution. APPROVAL Source of Funds: OBPI Financial Impact 4 Account Department Dire Assistant C' pager City Manager FHB JG JMG .wucrvur~~cuiu~reoruary s0.:onsenl~l44U VCean unve ~ ne ae[sy Koss Hotel RevoC2ble Permit SUMM.doC / t~ E M I ANI I B EAC H AGENDA DATE p1-lr)-lr) m MIAMIBEACH City of Miami Beach, 1700 Convention Confer Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: February 3, 2010 PUBLIC HEARING SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TOCONSIDER ANAFTER-THE-FACT REVOCABLE PERMIT REQUEST BY THE BETSY ROSS OWNER LLC, OWNER OF THE BETSY HOTEL SOUTHBEACH LOCATED AT 1440 OCEAN DRIVE, TO RETAIN AN AS-BUILT PREFABRICATED CANVAS AWNING THAT EXTENDS APPROXIMATELY FOURTEEN FEET THREE INCHES (14'-3") OVER AND INTO THE PUBLIC RIGHT-OF-WAY WITH A MINIMUM VERTICAL HEIGHT OF SEVEN FEET SIX INCHES (7'-6") AS MEASURED FROM THE FINISHED SIDEWALK GRADE. ADMINISTRATION RECOMMENDATION Adopt the Resolution to approve an After-the-Fact Revocable Permit for an as-built entrance canvas awning which is a near replica of a historic entrance canopy illustrated in historic photographs taken of the building in the 1950's. The as-built canopywill not obstruct or cause significant obstructions to the public sidewalk as a result of the two (2) fixed vertical support columns attached to two (2) steel base plates embedded into the public sidewalk. BACKGROUND The Betsy Hotel Constructed in 1941 was designed by noted Architect L. Murray Dixon. Historic photographs capture the eloquent architectural feature of the original canvas entrance cenopywhich extended over and into the public Right-of-Way (ROW) (Attachment A). Presently, the as-built canvas canopy extends over and into the public ROW with two (2) fixed vertical support columns attached to two (2) steel base plates embedded into the public sidewalk (Attachment B). The Betsy Hotel is classified as `Contributing' in the Miami Beach Historic Properties Database and is located within the National Register Architectural District and the Ocean Drive / Collins Avenue Local Historic District. The style of the building is commonly referred to as'Colonial Revival', which is very unique in Miami Beach, given its contextual surroundings of historic Art-Deco buildings and the fact that the Architect was one of the most prolific designers of Art-Deco and Streamline Modem Architecture in Miami Beach. This entrance canopy design is unique to the original Betsy Ross hotel. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances for the granting/denying of revocable permits, the City has analyzed the criteria and issues the following conclusions: Clty Commisslon memorandum -The Betsy Ross Hotel February 3, 2010 Page 2 of 4 1) That the Applicant's need is substantially satisfied. Satisfied. The Applicant's primary focus is to create an airywelcoming experience reminiscent of the old entrance reflected in historic photographs. The as-built canopy is a close replica of the hotel's vintage entrance canopy which then extended over and into the public ROW. In the interest of achieving the historic character of the former hotel entrance, the Applicant has established the need to extend such entrance into the ROW. 2) That the Applicant holds title to an abutting property. Satisfied. The Applicant holds is the Fee Simple Owner of the property located at 1440 Ocean Drive; the property is adjacent to Ocean Drive 3) That the proposed improvements comply with applicable codes, ordinances, regulations, and neighborhoods plans and laws. Satisfied. Although, the extension provided by the Applicant constitutes an encroachment, which is inconsistent with regulatory guidelines to exclude encroachments and private extensions into the ROW, the proposed entrance canopy in itself has received approval at the administration level by the Planning Department ,given the historic character of the portion of the canvas that projects over and into the ROW which is substantially consistent with the plans to enhance the historic character of the Ocean Drive / Collins Avenue Local Historic District. 4) That the grant of such application will have no adverse effect on govemment/utilityessements and uses of the property. Satisfied. The as-built entrance canopy at the front entrance walk to the Betsy Hotel in addition to the two (2) vertical supports attached to the public sidewalk is not considered to have or create impacts or adverse conditions as a result of granting this After-the-Fact Revocable Permit application. However, given that this is a public ROW, the City may be required at some point in time to conduct future work within the portion of the ROW which is occupied by this canopy. In the event, the City would need to mobilize crews to conduct activities within that portion of the ROW the Applicant has agreed to remove and reinstall the canvas awning at his/her expense. 5) Alternatively: a. That an unnecessary hardship exits that deprives the Applicant of a reasonable use of the land, structure or building for which the Revocable Permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structures or building. Satisfied. The canvas awning recreates an important entry feature that adds to the historic character of the hotel and to the Ocean Drive / Collins Avenue Local Historic District. The successful installation of this historic replica could not be achieved without a proportional impact to the public ROW, as evidenced by historic photos from 1953, where a canopy of similar shape and form existed at that time and projected into the ROW as well. Clty Commisslon memorandum -The Betsy Ross Hotel February 3, 2010 Page 3 of 4 b. That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting and improved security. Satisfied. The canvas awning feature enhances the quality and charecter of the Betsy Ross Hotel as well as the surrounding Ocean Drive / Collins Avenue Local Historic District. 6) That granting the revocable permit requested will not confer on the Applicant any special privilege that is denied to other owner of land, structures, or building subject to similar conditions. Satisfied. The historic canvas entrance canopy encroachment is unique to the original Betsy Ross hotel and is a replication of a significant historic feature. The granting of a revocable under these conditions is site specific given the historical context in which it being proposed. The City, in the past, has granted revocable permits for architectural elements which uniquely restore the historic character of memorable buildings in identified Historic Districts. 7) That granting the revocable permit will be in harmony with the general intent and purpose of Article III of the City Code, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Satisfied. The canvas canopy that projects over and into the public way has not demonstrated any evidence of affecting surrounding properties, nor devalued any adjacent properties or causes the Betsy Ross to be in any way less aesthetic, and/or out of harmony with the surrounding properties. Moreover, the projected awning will not provide a detrimental effect to the public welfare, as it will provide shade and protection from the elements to residents and tourists alike. CONCLUSION The Planning Board will review a Neighborhood Impact Establishment application associated with the Betsy Ross at their February meeting. As staff of the Parking and Planning Departments are aware of concerns raised at a previous Land Use and Development Committee meeting regarding issues with deliveries raised by neighbors, the following condition of approval has been agreed upon by the owners/operators of the subject property: "Deliveries to the rear of the hotel shall be made via Ocean Court, accessed from 14'" Street. Deliveries shall only be permitted along 14`h Lane between the hours of 9:00 a.m. and 6:00 p.m. Hotel management shall instruct their vendors that delivery truck drivers may not gain access to delivery areas by backing up their vehicles along 14"' Lane from Ocean Drive. Management shall instruct their vendors and ensure that drivers delivering to the hotel along Ocean Court refrain from backing in, in order to avoid activating the truck's beeping alarm." The subject application is anafter-the-fact request, the Administration's analysis above shows that 8 of the 8 criteria have been satisfied. Taking into consideration that the Planning Department supports the intent of the Applicant to provide a historic replica which adds character to the Ocean Drive / Collins Avenue Local Historic District and restores an historic entrance feature, and that the Applicant has maintained the encroachment in good condition, the administration recommends the approval of the After-the-Fact Revocable Permit and as such, recommends that the City Commission adopt the attached Resolution with the following condition: The front canvas panel on the entrance shall not be permitted as it is not consistent with the historic photo documentation which shows the front of the canopy to be open. The front canvas panel shall be removed, subject to Clty Commisslon memorandum -The Betsy Ross Hotel February 3, 2010 Page 4 of 4 the review and approval of Planning Staff. The Administration recommends that the City Commission adopt the attached Resolution Attachments: A. Historic pictures of former Hotel Betsy Ross showing awning 8. Photograph of as-built historic awning replica with site plan identifying limits of the encroachment within the ROW Ji~G/FHB/FV T:WGENDA~2010\February 3\Consent\1440 Ocean Drive The Betsy Ross Hotel Revocable Permit memo.doc t".. ~' 4;:: .y~ ;; i r' ~~:: f '. Si+em~ y ~ j i° sxt L .e"rcwoi~. .:ay;.. ro ' ,3;„. r -....._... ~ ...~ .. _._....~.. _.~~,A~ _. ~:. b.-A _ 1 -_ ~1 1 1 ~}~ it ~^ _ ~~' F~ ~ r' T d'K ~ N6a Wy~~~~ '' I ~11II111' w .~ ~~WF1 P~14 WI~~YYW Y~. ~ -f frs fy~~. ~.." 4.. SM` ,f~t ~- _ ~~~~ ~ ~? 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