Loading...
2011-27780 Reso RESOLUTION NO. 2011 -27780 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO COMCO LLC, OWNER OF THE PROPERTY LOCATED AT 701 LINCOLN ROAD, FOR THE PROPOSED FIXED CANOPY THAT EXTENDS APPROXIMATELY SIX FEET ONE INCH (6'-1") OVER AND INTO THE PUBLIC RIGHT OF WAY ON LINCOLN ROAD MALL. WHEREAS, Comco LLC owns the property located at 701 Lincoln Road; and WHEREAS, the property is located within the Flamingo Park Local Historic District and the National Register Architectural District; and WHEREAS, the building on the property was constructed in 1939 and designed by noted period architects Polevitsky & Russell; and WHEREAS, the building is classified as "Contributing" in the Miami Beach Historic Properties Database; and WHEREAS, a well detailed canopy was placed at the central entrance to the building, facing Lincoln Road as part of the original design; and WHEREAS, in order to reference the spirit and design intent of the historic canopy, a new canopy structure was proposed and approved by the Historic Preservation Board at its February 8, 2011 meeting as part of the substantial restoration of the subject structure; and WHEREAS, the proposed canopy will provide shade and protection from the elements; and WHEREAS, at the September 14, 2011 City Commission meeting, pursuant to Chapter 82, Article Ill, Division 2, Section 82 -93 of the City Code, the Mayor and Commission set a public hearing to consider the aforestated request at the October 19, 2011 City Commission meeting; and WHEREAS, notices were sent to the residents within 375 feet of the property on October 4, 2011, advising them of the public hearing. 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 grant a revocable permit to Comco LLC, owner of the property located at 701 Lincoln Road, for the proposed fixed canopy that extends approximately six feet one inch (6'-1") over and into the public right of way on Lincoln Road Mall. PASSED AND ADOPTED this 19th o "ri ���k;� 2011. ATTEST: •'' o Cuil "ea-Clu-k_ Robert Parcher, City Clerk \�� . -' • . '� 4 . swer, Mayor APPROVED AS TO . ,* ; -"*""q y 8 & LA ► UAGE i i I NCORP • - X;FU ON O RATED./ * s • yid • 4J i .: r y � ► orney D e ���� •'••••.,.....••• '� sl- / i1 q,Cjy 26 j . \ ,,, OJ � s � T:\AGENDA \2011 \10 -19 -11 \Revocable Permit 701 Lincoln Road RESO.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution granting a revocable permit for the property located at 701 Lincoln Road, for the proposed fixed canopy 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: I Shall the City Commission grant a revocable permit? Item Summary /Recommendation: The subject building was constructed in 1939 and designed by noted period architects Polevitsky & Russell. " usse It is classified as "Contributing" i t buting in the Miami Beach Historic Properties Database and is located within the Flamingo Park Local Historic District and the National Register Architectural District. The original architect designed the 3rd level addition, which was constructed in 1956. As part of the original design, a well detailed canopy was placed at the central entrance to the building, facing Lincoln Road. In order to reference the spirit and design intent of the historic canopy, a new canopy structure was proposed and approved as part of the substantial restoration of the subject structure. This new canopy does not extend as far into the right -of -way as the original. 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 right -of -way to create a sense of place and identity as well as provide shade to the property's prospective patrons. The request is in harmony with the intent and purpose of the City 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 Direc r Assistant 7/Manager City Manager FHB DRB JM T:\AGENDA\2011 \10 -19 -11 \Revocable Permit 701 Lincoln Road Summary.doc AGENDA ITEM R 7 � Mir MIAMIBEACH QATE ID -19- CP- MIAMI 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 do DATE: October 19, 2011 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT FOR COMCO LLC, OWNER OF THE PROPERTY LOCATED AT 701 LINCOLN ROAD, FOR A PROPOSED FIXED CANOPY THAT EXTENDS APPROXIMATELY SIX FEET ONE INCH (6' -1 ") OVER AND INTO THE PUBLIC RIGHT OF WAY WITH A MINIMUM VERTICAL HEIGHT OF ELEVEN FEET HALF INCH (11' -1/2 ") AS MEASURED FROM THE LINCOLN ROAD SIDEWALK. ADMINISTRATION RECOMMENDATION Adopt the Resolution BACKGROUND The subject building was constructed in 1939 and designed by noted period architects Polevitsky & Russell. It is classified as "Contributing" in the Miami Beach Historic Properties Database and is located within the Flamingo Park Local Historic District and the National Register Architectural District. The original architect designed the 3 level addition, which was constructed in 1956. As part of the original design, a well detailed canopy was placed at the central entrance to the building, facing Lincoln Road (Attachment A). In order to reference the spirit and design intent of the historic canopy, a new canopy structure was proposed and approved by Historic Preservation Board at its February 8, 2011 meeting as part of the substantial restoration of the subject structure. See (Attachment B and C). This new canopy does not extend as far into the right -of -way as the original. 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: 1) That the applicant's need is substantial. Satisfied. The applicant's need for the permit is substantial. The existing building was constructed at the property line. Accordingly, minimal encroachment onto the abutting sidewalk is necessary to create a sense of place and identity, as well as provide visual interest and character to the building. In addition, a fixed canopy of this nature is necessary to provide cover and shade the retail store's patrons. City Commission Memorandum -701 Lincoln Road October 19, 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 701 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 fixed canopy will be constructed in accordance with the relevant sections of the Code of the City of Miami Beach and the Florida Building Code. The proposed projection of six feet one inch (6'-1") into the right -of -way is identical to the one that currently exists. 4) That the grant for such application will have no adverse effect on government /utility easements and uses on the property. Satisfied. The proposed fixed canopy to the entrance of the property located at 701 Lincoln Road is not considered to have or create impacts or adverse conditions as a result of granting this Revocable Permit. The proposed canopy does not impact and governmental or utility easements, and the location of the canopy eleven feet half inch (11' -1/2 ") above the top of curb and it being attached to the face of the building will not present an issue to pedestrians along Lincoln Road. 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 right -of -way. 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. Granting the permit will enhance the neighborhood by creating a sense of place and identity, as well as provide visual interest and character to the building. Further, these architectural elements will serve a reminder of the former Saks Fifth Avenue, thus preserving in a small way the history of this area of the City. 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. Any property owner, especially those with a small lot, with an existing or proposed building placed at or near streets may request a revocable permit for projections over the right -of -way. Therefore, granting the permit will not confer any special privilege on the City Commission Memorandum -701 Lincoln Road October 19, 2011 Page 3 of 3 applicant that would otherwise be denied to others similarly situated in the same zoning district. 7) That granting the revocable permit will be in harmony with the general intent and purpose of Article Ill 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 proposed fixed canopy that will project into the public way is not considered to affect surrounding properties, nor devalue any adjacent properties or causes the property to be in any way less aesthetic, and /or out of harmony with the surrounding properties. Moreover, the proposed canopy will not provide a detrimental effect to the public welfare, as it will provide shade and protection from the elements to the retail store's patrons. 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 right -of -way to create a sense of place and identity as well as provide shade to the property's prospective patrons. The request is in harmony with the intent and purpose of the City 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 grant a revocable permit for the property located at 701 Lincoln Road, for the proposed fixed canopy that extends over and into the public right -of -way. Attachment: A - Photos of original canopy B - Sketch and Legal description of the encroachment C - Forever 21 elevation drawing DRB /FHB /RWS /DW T: AGENDA\2011 \10 -19 -11 \Revocable Permit 701 Lincoln Road Memo.docx • e n E HISTORIC PHOTOS OF SOUTH ELEVATION viiiiiimmtiotriiiiitaru 0 ' o i � 1. r J " z a � N lalli, S A I. f '- r. P r oied . MY _ , r Forever 21 ` Lincoln Road if k R Y , ■� + Address: � � � � *t �` 701 Lincoln Ro+d Miami BoocA, FL 33139 Ai , It_ t Account Manager: t (lemma Marshall ti . +tw Designer KC _ Miguel Reiman Scale: ® No Scale O No Scale As noted Design No.: Ft' Lincoln Rood FL unopyl.cM Date: Y May 31, 2011 Ic visions: e �a nN . r ftA . r ilk % - Villialit ,. �,- JUN ]42011 � 4 r g ,- ry . a+K ,- i. i rt oti .,, Page: 6 Of: 7 i r r.J1i Ai Mils MWO�elatff�l 0 0 p.. ` 1` ,F. MYi� s . ai b w wwre�esYrI7YY }} r % st „. Mmba Mw ar �,, "`""^ .,._. _: M 11!11111'' -...: yr`,,nee'''''' - .. When ns.IMMirtlnwWe Mo. ,.. . MAXIMA VgeLITV. © 2011 Roo tY, calu. n.. ns np.. .Pw..rw mkrs © No Scale No Scale < ll- ATTACHME:NT B _ . _ _____ ___. ------- . , • LINCOLN LANE . (50 PUBLIC RIGHT OF WAY) .. / pro ,0 s I '. . h • 1)„,*/ _ _,.. ... , ,;.i • ` GRAPHIC SCALE 1 30 6:: 21MIIIIINININDINNNINIIIIIMINIM ... ,..1 ( Di FEET ) • 1 inch ... 30 ft. 1", r s, ...9 ,,,,, " , — Lij ...I. 5.- =..., ...,e -...-./ '.. 0 5 11 5 0 , .......,,, r 0 ....„ „.. , - ix = . l' • — < 0 0 _ j -Y. • -. 1 ...., 1 i , .,..• g . POINT OF 1 - . • BEGINNING , - , .,, , POINT OF , COMMENCEMENT , / , N90"00'00"1-1 1 • / /' 15.00 1 SE. CORNER OF LOT , BL. 35, P.E. 6, Pg. 26 \\\,, :', ,, N9,013000"6 , i I. . . , •• -1 ... -- N L- 42.65' 1 — NORTh . NOV"00'00"W / " \ RIO ST--CF-WAY LINE 6.50 i \ s00 or LINCOLN ROAD . S9000 15.00' - LINCOLN ROAD CPUBLIC I:MKT OF WAY) i00' RIGI-IT OF WAY - PLAT300K 6 PAGE 33 ■ ..„.„&r...__-..- ,„.....-<" .11111111111111•11111111.- P , Drawzi By 0.10 *.") i I SKETCH OF DESCRIF'TION ,, ( A ' - Cad No. 110657 I : FORM.' LEAVY S KLLES, INC ite Dwg. , C. I , . -: 1 01 0113 ., CONSULTENG ENGNE =RS, SURVEYORS & MAP obJ No. 1 PERS 1 FLORIDA CERT/FICA.TE OF AUTFIORIZATION NUMBrit: 00003653 180 Northeast 168th Street f orth M.iarrri Beach., Florida 33162 Piastre 7/ 1 /1 1 12: 1 5ct ) , N Phone 305-653-4493 /FaX 305-653-7152 i Eroall.fis@dIssurvey..occc 2 I 2 Of ,.. , , , ... .,, - - ------ - -- --- . - -• ..............__ ,___________. ....______ . . . ... , . ,.. ,............ . . . - -- - , . . . . . . ql i • 1 o2 Cr e n, x3; "fi6 ,� a a _ .. y i.rS�.. ' '' .-.. n 1C 'r a`b a ri i .. $• #!:1 y",7, •c. z� l • t, at . _ .,,,. . .......,- ... 774450;01\;;;;;;.:* >t. •1`r a e 4f. ."451, o 'Y",t ' x ` r ,, k - • .te a _ Forswr21 ; . "t eas .. WR I.= - _ -- a M • ir r � �i. T� _ -_ ... rY s t 1, ,, ,,, , 11 1=0. 1 1 MMINI .; �iAC0111 �� e a rt 91 Uneabliasa ' _ . d Mud Wok fit. + ti''-': ; << Account Manopsl U Gamma Mv*h� z ; < Designer: a M uN Reiman 1 ` r Design Noy y ` I 141 LNCM�IINiRNwgtedt 0_, ,} t Nay 91,2011 ' 1 ., II ; ,., , , ,. 1 .. 7 ;F J U N 7 . - ot` ass. OWN SOUTH EXTERIOR STOREFRONT ELEVATION WITH NEW ENTRANCE CANOPY IMINIMIONIMINI Scale: 1/8" n 11'.O" Mg ,ter M * Field verify all conditions and dimensions of entry vestibule prior to manufacturellnstaliation of new entrance canopy. am, sr r * All design, details, and installation will be provided by the signage vendor and general contractor , �;;,, in compliance with all local and other governing codes/requirements. M° * Fabric awnings over window openings and Peter Lik's entrance are submitted separately µ+ send- ace-shewn- wdthin -th ly. immonimoim 18NE I THURSDAY, SEPTEMBER 29, 2011 NE t MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, October 19th, 2011 at 10 :45 A.M., To Consider Granting A Revocable Permit For Comco LLC, Owner Of The Property Located At 701 Lincoln Road, For The Proposed Fixed Canopy That Extends Approximately Six Feet One Inch (6'-1") Over And Into The Public Right Of Way On Lincoln Road Mall. Inquiries may be directed to the Public Works Department at (305) 673 -7080. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in 'writing addressed to the City Commission, do the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. . Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any - cision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and /or any accommodation to review any document or participate in any city- sponsored proceeding, please contact (305) 604 -2489 (voice), (305) 673 -7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad #668