2011-27804 Reso RESOLUTION NO. 2011-27804
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE
JANUARY 11, 2012 CITY COMMISSION MEETING, TO CONSIDER
GRANTING AN AFTER-THE-FACT REVOCABLE PERMIT TO ASR
BERWICK FAMILY LTD. PARTNERS, AS OWNER OF THE
COMMERCIAL PROPERTY LOCATED AT 335 W. 47TH STREET, TO
RETAIN A/C UNITS, UTILITY ROOM, AND TRASH ENCLOSURE,
CURRENTLY PLACED WITHIN THE PUBLIC CITY RIGHT OF WAY ON
WEST 47th COURT.
WHEREAS, ASR Berwick Family Ltd. Partners (Applicant) is the owner of a commercial
property located at 335 W. 47th Street (the Property); and
WHEREAS, the two-story commercial building was constructed in 1930 with zero lot
lines on the north, west, and south sides; and
WHEREAS, there are currently ten (10) air conditioning units mounted on concrete pads
that extend approximately five (5) feet into the adjacent City right of way on West 47th Court as
well as a one-story utility room and wooden trash enclosure, that extend nine (9) feet into that
City's right of way on the north side of the Property; and
WHEREAS, the Applicant has made application to the city for an after-the-fact
revocable permit to be allowed to maintain the aforestated encroachments upon the right of
way.
WHEREAS, the Public Works Department is in receipt of Applicant's completed
application, and pursuant to section 82-93 (b) of the City Code, a public hearing to consider
Applicant's request shall be set by the City Commission
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 January 11, 2012 City Commission meeting, to consider granting an after-
the-fact revocable permit to ASR Berwick Family Ltd. Partners, as owner of the commercial
property located at 335 w. 47th street, to retain A/C units, utility room, and trash enclosure,
currently placed within the public city right of way on west 47th court
PASSED AND ADOPTED this 14th day of December, 2011.
ATTEST: 41\1 BF ''n,,
PetAti"j\- / •
••• ORATEr;
RobertE1. Parcher, City Clerk r. Matti Her -ra Bower, Mayor
4
'9
APPROVED AS TO
FO & LANGUAGE 14,4;1-1 2E�
&'FOR EXEC TION
• 'MTrney 4 Date
T:\AGENDA\2011\12-14-11\Revocable Permit 335 47th St Reso.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Setting A Public Hearing For The January 11, 2012 City Commission Meeting,To Consider
Setting A Public Hearing For The January 11, 2012 City Commission Meeting, To Consider Granting An
After-The-Fact Revocable Permit To ASR Berwick Family Ltd. Partners, As Owner Of The Commercial
Property Located At 335 W. 47th Street,To Retain A/C Units, Utility Room,And Trash Enclosure,Currently
Placed Within The Public City Right Of Way On West 47th Court
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 Berwick Building, which is located at 335 W. 47th Street, abuts W. 47th Court on the north and west
sides of the property. This two-story commercial building was constructed in 1930 with zero lot lines on the
north, west, and south sides.
On the north side of the property, there are currently ten (10) air conditioning units mounted on concrete
pads that approximately five (5) feet into the right of way. Further, there is a one-story utility room and
wooden trash enclosure that extend nine (9)feet into the right of way.The area of all the encroachments
totals 878 square feet.
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:
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 Director Assistant Ci Manager City Manager
FHB frf DRB JM
T AGENDA\2011\12-14-11\Revocable Permit 335 47th St Summary doc
/'AIA/V\IBEACH AGENDA ITEM i-III-(f
M MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Honda 33139,www miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE December 14, 2011 •
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE
JANUARY 11, 2012 CITY COMMISSION MEETING, TO CONSIDER
GRANTING AN AFTER-THE-FACT REVOCABLE PERMIT TO ASR
BERWICK FAMILY LTD. PARTNERS, AS OWNER OF THE COMMERCIAL
PROPERTY LOCATED AT 335 W. 47TH STREET, TO RETAIN A/C UNITS,
UTILITY ROOM, AND TRASH ENCLOSURE, CURRENTLY PLACED
WITHIN THE PUBLIC CITY RIGHT OF WAY ON WEST 47th COURT.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution.
BACKGROUND
The Berwick Building, which is located at 335 W. 47th Street, abuts W. 47th Court on the north
and west sides of the property. This two-story commercial building was constructed in 1930 with
zero lot lines on the north, west, and south sides.
On the north side of the property, there are approximately ten air conditioning units mounted on
concrete pads that extend not more than five feet into the right of way. Further, there is a one-
story utility room and wooden trash enclosure that extend several feet into the right of way. The
area of all the encroachments totals 878 square feet (Attachment A).
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 over 80 years ago. Accordingly, minimal encroachment onto
the abutting right of way is necessary to locate the required utilities. The applicant has also
provided an opinion from a registered architect stating that the existing roof is not capable of
sustaining the loading from this equipment (Attachment B).
City Commission Memorandum-335 W.47th Street
December 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 335 W. 47th
Street.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The applicant will obtain any required building permits for these encroachments.
4) That the grant for such application will have no adverse effect on government/utility
easements and uses on the property.
Satisfied. The encroachments have been in place for a number of years without impact on
government use of W. 47th Court. Further, the area is built out. Therefore, there is no need at
this time for additional utilities.
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.
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.
Subsection a. Satisfied. The construction of the building in 1930 with zero lot lines on
three sides creates a special hardship requiring the mechanical equipment and
portions of the utility room and dumpster enclosure to encroach into the right of way.
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. Therefore, granting the
permit will not confer any special privilege on the applicant that would otherwise be denied to
others similarly situated.
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 applicant is seeking to preserve the existing encroachments that do not
impede use of W. 47th Court, have not been injurious to surrounding properties, and have not
been detrimental to the public welfare.
The analysis above shows that the criteria for a revocable permit are satisfied, per Miami Beach
City Code Section 82 — 84, to allow existing encroachments into the City's right-of-way to
remain. 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
City Commission Memorandum-335 W. 47`h Street
December 14, 2011
Page 3 of 3
provide the applicant with a reasonable use of the property.
CONCLUSION
The Administration recommends that the City Commission set a public hearing at the January
11, 2012 City Commission meeting to consider a revocable permit for the property located at
335 W. 47th Street for the mechanical equipment, utility room, and trash enclosure that are
within the public right of way on W. 47th Court .
Attachments:
A - Sketch and Legal description of the encroachments
B —Architect's professional opinion on roof capacity
DRB/FHB/RWS
T.\AGENDA\2011\12-14-11\Revocable Permit 335 47th St Memo docx
ATTACHMENT A - R=2148'
EASEMENT L=22 49'
Tan=12 40'878 Sq
02 Ac I G 60°000" Ss8°��49F S88 6 65D"W t
CB=N51°42'11"E
o S88°20'00"W 112.12' y5�ry b�. co v
Aillr N88°20'00"E' c 1
N88° 0'00°E 11212' 11..66' e
NORTH L NE OF LOT 11 R=30 00' w ' o I
o
PB 27,PG 17 L=22.88' c z i
Tan=12 03'
0=43°41'41" °^'.N88°20'00"E
N CB-N66°29'09"= PORTION o 1.50'
(1�`I LOT 6
0
LOT 11 LOT 10 LOT 9 LOT 8 LOT 7
P O.B, rn f
4 I LOT 6
gr EAST LINE OF LOT 7 o
} P.B 27,PG 17- . ti
r t
NS °20'00"E 219 BO'
C IC0PY I z
NORTH LINE OF WEST 47TH STREET N88°20'00"E
4 50. i
I
o 5
LEGAL DESCRIPTION FOR EASEMFNT
{
Li
o A PORTION OF W 47th COURT AND TRACT B,OF"AMENDED PLAT OF LOT 13,BLOCK 32,LAKEVIEW SUBDIVISION", r
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 47 AT PAGE 105 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY,FLORIDA,ALL LYING AND BEING IN THE CITY OF MIAMI BEACH,MI F
P AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
DADS COUNTY,FLORIDA,
COMMENCE AT THE NE CORNER OF THE S y OF THE SE Y4 OF THE NE Y4 OF FRACTIONAL SECTION 22,TOWNSHIP 53
SOUTH,RANGE 42 EAST,AS SHOWN ON"PLAT OF LOT 13,BLOCK 32,LAKEVIEW SUBDIVISION",RECORDED IN PLAT
BOOK 27 AT PAGE 17 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA;THENCE RUN NORTH 1'38'00"
WEST NORTH LINE OF EST 47th STREET A DISTANCE OF 219.80 TO A POINT,SAID POINT BEING THE OINTERSECTION OF
THE LAST MENTIONED COURSE WITH THE EAST LINE OF LOT 7 AS SHOWN ON"PLAT OF LOT 13,BLOCK 32,LAKEVIEW
P.O C-�� SUBDIVISION",RECORDED IN PLAT BOOK 27 AT PAGE 17 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA;
NE CORNER OF THE S Yz OF THENCE NORTH 88°20'00"EAST FOR A DISTANCE OF 4.50 FEET,THENCE NORTH 01°40'00"WEST F
THE SE Y,OF THE NE Ye OF 49.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED,THENCE CONTINUE NORTH 88°20'00"
FRACTIONAL SEC 22-53-42 FOR A DISTANCE OF i
EAST FOR A DISTANCE OF 1.50 FEET;THENCE NORTH 01°40'00°WEST FOR A DISTANCE OF 28.81 FEET,THENCE NORTH i.
88°20'00"EAST FOR A DISTANCE OF 16.65 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 21 48 FEET,TO WHICH BEGINNING OF CURVE A RADIAL BEARS SOUTH 68°17'49"EAST;THENCE {
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°00'00",AN ARC DISTANCE OF 22.49 FEET;
THENCE CONTINUE SOUTH 88°20'00"WEST FOR A DISTANCE OF 112.12 FEET;THENCE SOUTH 01°40'00 EAST FOR A 1
DISTANCE OF 5.00 FEET TO A POINT ON THE NORTH LINE OF LOT 11 AS SHOWN ON"PLAT OF LOT 13,BLOCK 32,
LAKEVIEW SUBDIVISION",RECORDED IN PLAT BOOK 27 AT PAGE 17 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY,FLORIDA;THENCE CONTINUE NORTH 88°20'00"EAST FOR A DISTANCE OF 112.12 FEET TO A TANGENT CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 30.00 FEET,THENCE NORTHEASTERLY ALONG SAID CURVE t
THROUGH A CENTRAL ANGLE OF 43°41'41",AN ARC DISTANCE OF 22.88 FEET;THENCE CONTINUE NORTH 88°20'00" t
EAST FOR A DISTANCE OF 11.66 FEET,THENCE SOUTH 01°40'00"EAST FOR A DISTANCE OF 19.31 FEET TO THE POINT
OF BEGINNING,OF THE EASEMENT HEREIN DESCRIBED CONTAINING 878 SQ.FT.OR 0 02 ACRES MORE OR LESS 1
1
SURVEYOR'S NOTES:
- Bearings hereon are referred to an assumed value of N88°20'00"East for the North 9
Right-of-Way Iine of West 47th Street.
- This is not a"Boundary Survey"but only a graphic depiction of the easement sh own
hereon.
EXHIBIT
i HEREBY CERTIFY That the survey represented _` SINCE 1987
thereon meets the minimum technical requirements
3 Badopted by the STATE OF FLORIDA of Land BLANCO SURVEYORS INC. ; 1
oard Surveyors pursuant to Section 472.027 Flonda Engineers•Land Surveyors•planners•LB#0007059
Statutes
555 NORTH SHORE DRIVE
There are no encroachments, overlaps, easements
appearing on the plat or visible easements other than MIAMI BEACH,FL 33141
as shown hereon (305) 865-1200 Email:blancosurveyorsInc@ychoo.com
f Y @Yahoo com Fax• (305) 865-7810 ,
FLOOD ZONE -� n
�.�' Asito.ve-- AE SUFFIX.: L DATE. 9i11109 BASE i
ADIS N NUNEZ PANEL. 030.9
AE 120.651
REGISTERED LAND SURVEYOR =DATE SCALE. DWN BY JOB No
a STATE OF FLORIDA#5924 �° 11/21/11 �1' = 11_773
�.Bianco
i
(fiL . .
R=3000 MPSTER
R=15.00' (30'TOTAL R/W) L=22 88 : 9:. AREA
(PER PLAT) ASPHALT PAVEMENT ... 13
L=23.56' /; .... _ ... ,c4r4.1:4ld• -7 fri F P l 588°20'00"W
Tan=15.0 `C N88°20'00"E 'F D_ RILL
A=90°0 '00" FBI Plu. 112.12' ( R 8 M ) EASEMENT •a •47.00 HOLE �� JI 11.65'( R 0 M)
rFi
• •
4.1 M Af f! ' . °• E � PriAi + 1 L. .,DRILL
'HOLE .'1'. /' 143 55' l v�`II ..` REMAINDER
G sd METAL C.B S LOT
W . •I �! COVER UTILITY 1 I 0 9','OUT 6
FD DR LI" I •1I
'' i 0 P
C I HOLE
LOT LOT LOT LOT LOT
W 44 1500' .': 11 10 9 8 7 I O�•
�' ; it ON PL TWO STORY PORTION OF O
d :.. C.B.S. BUI4DING 6 i IZ -
J a.. a N # 335 E -
" v
z••a T
L, = 0. F F ELEV.=5 78' I M p cn
A.W _ U
02 Z
d 1 °o t0
. �
15 00' ON
PL 1 • 588°20'00"W
VD
.-1 J .FD DRILL 146 20' I'n'E2 / 4.50'( R& M)
c HOLE `,` I
o V I '^�/2'9sr, z o 10 35 9 z 11 0
n _ FD.DRILL
FD.DRILL 0 1 78.20' 5 .65' 1 I MOLE
HOLE \. 111,- g W.M.• - • ^. s. I .5'CONC SWK,. 4 •D31•17,1,4 , _ '. r 18)W M $(' '.
R=15.00'
LIGHT ALUMINUM
L=23.56' (3"-- .- POLE 159.50'( R&M) POLE
Tan= 5.00' ALUMINUM 15'PARKWAY 588°20'00"W
A=90°00'00" POLE o
M .
30'ASPHALT PAVEMENT
WEST C 170'TOTAL RI*W
(1 th STREET (PER PLAT 1
ATTACHMENT B
.is K ARC I IITECTU RA I GROUP
architects-constnicrion managers inter dcsignas
AA(103117 AR 0i6333 CGCO27671
November 25,2011
Mr.Fred Beckmann
Public Works Director
City of Miami Beach-Public Works Department
1700 Convention center Drive
Miami Beach,FL 33139
Re.Berwick Building-335 West 47 Street
ASR Berwick Family Limited Partnership
Dear Mr. Bec3rmann
We have been retained to perform an inspection of the property located at the above
referenced address to make an initial assessment of opportunities to relocate all of the
mechanical equipment currently located on the first floor,along the north end of the
property.
On November 23,2011 we conducted such visual inspection and came up with the
following initial conclusions;
The building was built in 1930,and it consist of a first floor with commercial occupancies
and apartment units on the second floor,the whole building Is about 35'-0"high to the
roof parapet,the roof structure consist of wood joists and Florida pine sheeting and it
stands at about 32'above street level.
The total number of mechanical units,as referenced above and currently located on the
first floor is nine,(9)with the following break down:five,(5)large condensing units part
of air conditioning split systems feeding the commercial units on the first floor,three,(3)
large compressor units feeding refrigeration equipment for the conservation of food,also
for the commercial units on the first floor and one,(1)fan coil terminal unit that appears
to be part of a separate split air conditioning system in the building.
To the best of our knowledge and professional abilities:an Initial conclusion is that as
per current Florida Building Code requirements for wind solicitations,the present age,
137 CI Intl&Avenue,Coral Gablcs,Fl..33134 Ph,:305448-1986 Fax 773•206•2 I 39
itainnutillccEllii14‘19WI.S9,m, • ."....(3EL. 's Archilimutglwatp.00m
condition and structural systems of the building:it would not be capable of absorbing the
reactions of uplift forces introduced as a result of relocation all of the described
equipment to the roof deck.
Should you have any question please do not hesitate to contact us,
Respectfully,
Jorge S. porn n, IA
137 Giralda A YOULIC,COlUI 11.33134 Pk;30.54111-1086 Fax:775-206-2139
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