2012-27826 Reso RESOLUTION NO. 2012-27826
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AFTER-THE-FACT REVOCABLE PERMIT
TO ASR BERWICK FAMILY LTD. PARTNERS, AS OWNER OF THE
COMMERCIAL PROPERTY LOCATED AT 335 WEST 47TH STREET, TO
RETAIN A/C UNITS, A UTILITY ROOM, AND A TRASH ENCLOSURE,
CURRENTLY PLACED WITHIN THE PUBLIC RIGHT-OF-WAYS ON WEST 47th
COURT.
WHEREAS, ASR Berwick Family Ltd. Partners (Applicant) is the owner of a commercial
property located at 335 West 47'h Street (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 47`h Court, as
well as a one-story utility room and wooden trash enclosure that extend nine (9) feet into the
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-
ways; and
WHEREAS, the Public Works Department is in receipt of Applicant's completed
application; and
WHEREAS, at its December 14, 2011 meeting, the City Commission set a public
hearing for its January 11, 2012 meeting to consider Applicant's request; and
WHEREAS, following such duly notified public hearing, the City Commission hereby
finds that Applicant has satisfied the City's criteria for granting revocable permits, as set forth
in Section 82-94 of the City Code.
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
and authorize the Mayor and City Clerk to execute an after-the-fact revocable permit to ASR
Berwick Family Ltd. Partners, as owner of the commercial property located at 335 West 47th
Street, to retain A/C units, a utility room, and a trash enclosure, currently placed within the
public right-of-ways on West 471h Court.
PASSED AND ADOPTED this 11th d January, 2012.
ATTEST:
Robert Parcher, City Clerk i rrer6 eovfer, Mayor
APPROVED AS TO INCORP ORATED:
FORM & LANGUAGE
EX CUT N '
it r ey Date 26
T:\AGENDA\2012\1-11-12\Revocable Permit 335 47th St Reso.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Granting and Authorizing the Mayor and City Clerk To Execute An After-The-Fact Revocable
Permit To ASR Berwick Family Ltd. Partners,As Owner Of The Commercial Property Located At 335 W.
47'h Street, To Retain A/C.Units, A Utility Room, And A Trash Enclosure, Currently Placed Within The
Public City Right-Of-Way On West 47`h 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 grant the revocable permit?
Item Summa /Recommendation:
The Berwick Building, which is located at 335 W. 47 Street, abuts W. 47 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 82-94, to allow an
encroachment over the City's right-of-way. 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 Directo Assistant City Manager City Manager
FHB DRB JMG
TAGENDA\2012\1 11-1 evocable Permit 335 47th St Summary.doc
IM MIAMBEACH AGENDA ITEM R 7 A
'Z�7 DATE
IM 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
January 11, 212
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE 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, A UTILITY ROOM, AND A 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
January 11,2012
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 exists 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 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 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 Commission Memorandum-335 W.47th Street
January 11, 2012
Page 3 of 3
City Code Section 82-94, 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 provide the
applicant with a reasonable use of the property.
CONCLUSION
The Administration recommends that the City Commission grant and authorize the Mayor and
City Clerk to execute 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, a utility
room, and trash enclosure, currently placed within the public right-of-way on west 47th Court.
Attachments:
A - Sketch and Legal description of the encroachments
B—Architect's professional opinion on roof capacity
DRB/FHB/RWS
T:\AGENDA\2012\1-11-12\Revocable Permit 335 47th St Memo.docx
Attachment A
PAGE 1 OF 2 JAW
EASEMENT—--- X22.49' 36
878 5 Ft Tan=12.40' B°7T S8B•20'00"W
0.02 Ac. A= 60°00'00" 99F 16.65'
CB=N51°42'11"E
om
ati a N
°WO S88°20'OD'W 112.12'
0
o°o
N88 20'00"E o
NBB' O'00'E 112.12' 11.86' °
R=30.00' 1 o
NORTH L NE OF LOT 11 L=22.88'
P.B.27.PG.17 Tan=12.03' i c
A-43°41'41' t°m IN88°20'00"E
CB=N66°29'09" PORTION I� 1 1.50'
LOT 6 i
io
LOT 11 LOT 10 P 0`' i LOT 6
LOT 9 LOT B LOT 7
EAST L INE OF LOT 7 °o
P.B.27,PG.17'�
Iz
I
NB °20'00'E 219.80'
N88°20'
NORTH LINE OF WEST 47TH STREET
4.50'
LEGAL DESCRIPTION FOR EASEMENT
t
o° A PORTION OF W 47th COURT AND TRACT B.OF'AMENDED PLAT OF LOT 13,BLOCK 32,LAKEVIEW SUBDIVISION",
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 47 AT PAGE 105 OF THE PUBLIC RECORDS OF
v MIAMI-DADE COUNTY,FLORIDA,ALL LYING AND BEING IN THE CITY OF MIAMI BEACH,MIAMI-DADE COUNTY,FLORIDA,
R AND BEING MORE PARTICULARLY.DESCRISED AS FOLLOWS:
COMMENCE AT THE NE CORNER OFTHE S yi OF THE BE Y,OF THE NE Y 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 FOR 70.00 FEET TO THE NORTH LINE OF WEST 47th STREET;THENCE CONTINUE NORTH 88°20'00"EAST,ALONG
THE NORTH LINE OF WEST 47th STREET A DISTANCE OF 219.80 TO A POINT,SAID POINT BEING THE INTERSECTION 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 Sy OF THENCE NORTH 88°20'00"EAST FOR A DISTANCE OF 4.50 FEET;THENCE NORTH 01°40'00"WEST FOR A DISTANCE OF '
THE SE OF THE NE Y,OF 49.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED;THENCE CONTINUE SOUTH 88°20'00°
FRACTIONAL SEC.22-5342 EAST FOR A DISTANCE OF 1.60 FEET;THENCE NORTH 01 140'00"WEST FOR A DISTANCE OF 28.81 FEET;THENCE NORTH
88'20'00°WEST 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 11212 FEET;THENCE SOUTH 01°40'00 EAST FOR A
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
THROUGH A CENTRAL ANGLE OF 43.41'41'•AN ARC DISTANCE OF 22.88 FEET;THENCE CONTINUE NORTH 88.20'00"
EAST FOR A DISTANCE OF 11.88 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 SO.FT.OR 0.02 ACRES MORE OR LESS.
SURVEYOR'S NOTES:
- Bearings hereon are referred to an assumed value of N88 020'00"East for the Nordi
Right-of-Way line of West 47th Street.
- This is not a`Boundary Survey"but only a graphic depiction of the easement shown
hereon.
° EXHIBIT
SINCE 1987
FBEE Y CERTIFY That the survey represented #
meets the minimum technical requirements BLANCO SURVEYORS INC.
.by.the.STAT.E-OF.FLORIDA Board of.Land.
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. 555 NORTH SHORE DRIVE
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gontheplatorvisible easements otherthan MIAMI BEACH,FL 33141 .
hereon. (305) 865-1200 Email:biancosurveyorslncgyahoo.com Fax: (305)865-7810
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November 25,2011
Mr.Fred Beckmann
Public Works Director
City of Miami Beach-Pub,'ic%rtorks Depaatrnent
1700 Convention conter Drive
Miami Brach,FL 33139
Re.:Berwick Building-335 West 47 Street
ASR Berlmck Family Limited Partrersh.p
Dear ttfr. Beckmann
We have been retained to perform On inspection of the property located at the above
referenced[address to make an initial r;ssessmenl of opportunities to relocate all a`the
mec,lmnic�il equipment currently located on the first floor,along the north end of the
property.
On r November 23,2011 wo conducted such visual iarspeclion and came up n.th the
fo;iowing initial conclusiors;
The building was built in 1930,and It consist of a first Poor with commercial occupartc es
and apartment units on the second floor,the Whole building is about 35'-D"high to the
roan parapet,the roof slruclu.re consist Of W00d jalsfs and Florida pine sheef!ng and it
stands at about 32'above street level,
The tatal number of Mechanical unit,,as referenced above and currently located on the
first floor rs nine,(9)with the foflcv:irrg break down:five,(S)largr,condensing unify part
la ax cendltioning split;ysterns feeding the commercial units on the first floor,three,(3)
large compressor units feeding rof"geralion equipmert for the conservation of food,also
for the commercial units on the first lloor and one {t}fan coa terminal un:l that appears
to be(cart of a separate split atr conditioning system in the building.
To the best Of our k"O'Niedge and professional abilities:an initial conclusion is that,as
her current Florida Building Code requirements for wind solicitations,the present age,
I3](iirsirl5 n�ct;ue:(nsaf aa�l s,rl..;,l_ts rh;ans-.d 3ar;sr, ,
inG�rtt Gia���•.",7r.•ii:;.;:. - fae:?S-ZUtr313ri
�__i?U:rnr. wo'VY,Itiknrdii;tr,rnl _{�ut,cnin
condition and structural systr:ms of the bui:ding;it would not be capable of absorbing the
reactions of upl.ft forces intcaduced as a result of relocation all of the described
equipment to the rcoi deck.
Should you have any question pl•,ase do not ho5itate to contact us.
Respectful:y,
Jo S. port "n, IA
137 Caaldn,lvrnuc,Coral Gabirs.FL.33134 Ph.:305-448,JOE(, Fax:775-20&2139
ttlu,.,tysinl',Tlj._kn,rhilraural.t�n - tvvrv..,i<_'.'.�rthili:Ell.rsl:�rni�,rum
® MIAMI.BEACH
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,January 11,2012 at 10:30 A.M.,
To Co`cider An After-The-Fact Revocable Permit To ASR Berwick Family LTD.Partners,Owner Of The Commercial Property Located
At 335 W.4711 Street,To Retain A/C Units, Utility Room,And Trash Enclosure,Currently Placed Within The Public City Right Of Way
On West 47th Court.
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, c/o 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 nofice 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 decision 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,offommodation to review any document,or participate in any city-sponsored proceediig,please contact(305)604-2489(.voice),
(305)673-'218(FM five days in advance to initiate your request.TTY users may alsacaly7911 (Florida Relay Service).
A 1 1'a• 1 ti q r• 1 { 4, g'r'y 4'0
NE THURSDAY,DECEMBER 22,2011 15NE