2011-27720 Reso RESOLUTION NO. 2011 -27720
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR
THE OCTOBER 19, 2011 CITY COMMISSION MEETING TO CONSIDER
GRANTING A REVOCABLE PERMIT TO 420 LINCOLN ROAD
DEVELOPMENT GROUP INC, OWNER OF LINCOLN EAST GARAGE
LOCATED AT 420 LINCOLN ROAD, FOR THE PROPOSED MID -
TENSIONED, REMOVABLE HPDE METAL MESH THAT EXTENDS
APPROXIMATELY FIVE FEET SIX INCHES (5' -6 ") OVER AND INTO THE
PUBLIC RIGHT OF WAY ON 16 STREET AND DREXEL AVENUE.
WHEREAS, 420 Lincoln Road Development Group, Inc. owns the property located at
420 Lincoln Road; and
WHEREAS, the subject garage was designed by the noted International Architect
Enrique Norten, and includes sidewalk level retail storefronts along the first floor of the primary
west (Drexel Avenue) and south (16 Street) elevations; and
WHEREAS, City staff determined that it would be critical for the sidewalk along the
perimeter of the retail fronting 16 Street and Drexel Avenue to have shade protection for the
pedestrians; and
WHEREAS, in order for the shade structure to maintain architectural compatibility with
the design of the garage, the project architect developed the proposed cantilevered system; and
WHEREAS, the structure has been approved by Planning Department staff, on behalf of
the Historic Preservation Board; and
WHEREAS, pursuant to Chapter 82, Article III, Division 2, Section 82 -93 of the City
Code, the Mayor and Commission are required to set a public hearing to consider the
aforestated request.
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 hereby set a
public hearing for the October 19, 2011 City Commission meeting to consider a revocable
permit for 420 Lincoln Road Development Group Inc, owner of Lincoln East Garage located at
420 Lincoln Road, for the proposed mid - tensioned, removable HPDE metal mesh that extends
approximately five feet six inches (5' -6 ") over and into the public right of way.
PASSED AND ADOPTED th' - 41 day of September, 2011.
ATTEST: = �P• .. .C.'�py
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Robert Parcher, City Cler . ` "' ORATED: Matti Herrera Bower, Mayor
APPROVED AS TO 0;5 oj.;�
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T:\AGENDA\2011 \9 -1 - -11 \Revocable Permit 420 Lincoln Road East Garage RESO.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution setting a public hearing at the October 19, 2011 City Commission meeting to consider a
revocable permit for the Lincoln East Garage located at 420 Lincoln Road, for the proposed mid -
tensioned, removable HPDE metal mesh that extends over and into the public right of way.
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Rights -of -Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City Commission schedule a public hearing?
Item Summary /Recommendation:
The subject garage was designed by the noted International Architect Enrique Norten, and includes
sidewalk level retail storefronts along the first floor of the primary west (Drexel Avenue) and south (16
Street) elevations. The Historic Preservation Board determined that it would be critical for the sidewalk
along the perimeter of the retail fronting 16 Street and Drexel Avenue to have shade protection for the
pedestrians. In order for the shade structure to maintain architectural compatibility with the design of the
the project architect developed the proposed cantilevered system, which has been approved b
garage, p J p p p Y pp by
Planning Department staff, on behalf of the Historic Preservation Board.
The criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82 - 84 to allow a
modest encroachment over the City's ROW to meet the needs of historic preservation. The request is in
harmony with the intent and purpose of the Code, and will not be injurious to the area involved or otherwise
detrimental to the public welfare. The permit will provide the Applicant with a reasonable use of the
Property.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
2
OBPI Total N/A N/A
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Richard W. Saltrick, Acting City Engineer, ext.6565
Sign -Offs:
Department Dir ctor Assistant C' Manager City Manager
FHB DRB JM
T:\AGENDA\2011 \9 -14 -11 \Revocable Permit 420 Lincoln Road East Garage Summary.doc
AGENDA ITEM C 7 0
MI AMIBEACH
'�''' DATE 9/y l/
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 14, 2011
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING AT THE OCTOBER 19,
2011 CITY COMMISSION MEETING TO CONSIDER A REVOCABLE PERMIT FOR
420 LINCOLN ROAD DEVELOPMENT GROUP INC, OWNER OF LINCOLN EAST
GARAGE LOCATED AT 420 LINCOLN ROAD, FOR THE PROPOSED MID -
TENSIONED, REMOVABLE HPDE METAL MESH THAT EXTENDS
APPROXIMATELY FIVE FEET SIX INCHES (5' -6 ") OVER AND INTO THE PUBLIC
RIGHT OF WAY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
BACKGROUND
The subject garage was designed by the noted International Architect Enrique Norten, and
includes sidewalk level retail storefronts along the first floor of the primary west (Drexel Avenue)
and south (16 Street) elevations. The Historic Preservation Board determined that it would be
critical for the sidewalk along the perimeter of the retail fronting 16 Street and Drexel Avenue
to have shade protection for the pedestrians. In order for the shade structure to maintain
architectural compatibility with the design of the garage, the project architect developed the
proposed cantilevered system, which has been approved by Planning Department staff, on
behalf of the Historic Preservation Board. See (Attachment A and B)
ANALYSIS
Pursuant to the criteria established under Section 82 -94 if 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:
1) That the Applicant's need is substantial.
Satisfied. In 2009, the Applicant received both Planning Board and Historic Preservation
Board approval for the project. Those approvals included a site plan depicting the use of a
canopy consisting of a metal mesh screen above a portion of the public ROW along the
sidewalk for the purpose of providing pedestrians with protection from the sun and rain. The
Applicant's need for the revocable permit is born of the requirements set forth in
aforementioned approvals and, therefore is substantial.
City Commission Memorandum - Lincoln East Garage
September 14, 2011
Page 2 of 3
2) That the Applicant holds the title to an abutting property.
Satisfied. The applicant is the Fee Simple Owner of the property located at 720 Lincoln
Road, the property is adjacent to Lincoln Road.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The proposed improvements comply with requirements of Sec. 142- 1132(d) of the
Code and the Miami Beach Storefront Guidelines adopted in 2007. The proposed
improvements consist of a mid - tensioned, removable HPDE metal mesh and painted steel
outriggers extending approximately five feet six inches (5' -6 ") into the abutting sidewalk.
Each section of the canopy is no more than fourteen feet eight inches (14' -8 ") in length, as
noted in the site plan approved by the City's Planning Board and Historic Preservation Board.
4) That the grant for such application will have no adverse effect on government /utility
easements and uses on property.
Satisfied. The proposed improvements comply with the site plan approved by both the City's
Planning and Historic Preservation Boards. No government /utility easements will be
adversely affected by the grant of the requested revocable permit.
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. A special circumstance exists that the denial of the permit would deprive
the Applicant of a reasonable use of the land. Specifically, the building was
constructed at the property line. As such, the fixed canopy subject of this application
must project over the City ROW.
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. A grant of the requested revocable permit will permit the abutting building
owner to install metal mesh canopies that will serve to enhance the neighborhood
through the provision of much needed protection for pedestrians from the sun and
rain.
6) That the 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 grant of the requested revocable permit will not confer upon the applicant any
special privilege or rights to the abutting right of way nor will it confer a special privilege upon
the applicant not generally available to other owners located in the same zoning district.
City Commission Memorandum - Lincoln East Garage
September 14, 2011
Page 3 of 3
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 issuance of the requested revocable permit will not be injurious to the
neighborhood, the surrounding properties, or otherwise detrimental to the public. To the
contrary, it will significantly enhance the experience of pedestrians using this portion of the
public right of way.
The analysis above shows that the criteria for a revocable permit are satisfied, per Miami Beach
City Code Section 82 - 84 to allow a modest encroachment over the City's ROW to meet the
needs of historic preservation. The request is in harmony with the intent and purpose of the
Code, and will not be injurious to the area involved or otherwise detrimental to the public
welfare. The permit will provide the Applicant with a reasonable use of the Property.
CONCLUSION
The Administration recommends that the City Commission set a public hearing at the October
19, 2011 City Commission meeting to consider a revocable permit for the Lincoln East Garage
located at 420 Lincoln Road for the proposed mid - tensioned, removable HPDE metal mesh that
extends over and into the public right of way.
Attachments:
A - Sketch and Legal description of the encroachment
B — 1601 Drexel Avenue elevation drawing
DRB /FHB /'4 .3. /DW
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