2012-27949 Reso RESOLUTION NO 2012 -27949
A RESOLUTION OF THE MAYOR AND CITY COMMISSION.OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER
12, 2012, CITY COMMISSION MEETING, TO CONSIDER GRANTING - A
REVOCABLE PERMIT TO SEVILLE ACQUISITION, LLC, AS THE OWNER OF
THE PROPERTY ' LOCATED AT- 2901 COLLINS AVENUE, TO ALLOW FOR.
DECORATIVE CONCRETE EYEBROWS TO EXTEND.3 FEET INTO AND 35.45
r' FEET ALONG THE PUBLIC RIGHT -OF -WAY ON 29 STREET AND TO EXTEND
3 FEET INTO AND 354 FEET ALONG THE PUBLIC- RIGHT -OF =WAY ON 30
STREET. ;
WHEREAS, Seville Acquisition, LLC (the Applicant) is the owner of th_ e hotel property located
, at ",2901 Collins Avenue (the Property); and
WHEREAS, the Applicant is proposing to substantially renovate and restore the existing
Seville Hotel on the Property, and
e ,
WHEREAS the project Ian approved b .the Historic Preservation Board PB at its . p J p pp y H
(. ) regular
9
meetings on May 10, 2011, and June 14,'2011, respectively (pursuant to HPB File'No.7249),
approved the project with concrete eyebrows extending into the 29th Street and 30 Street right -of-
ways; and
WHEREAS, on 29 Street, the proposed eyebrow extends �horizontally3 feet into and 35.45 `
m
feet along the public right -of- way; and
WHEREAS, on 30 Street, the proposed eyebrow extends - horizontally 3 feet into and.354
: feet along the public right -of -way; and
WHEREAS, the Applicant is requesting a revocable permit from the' City to construct and
maintain the encroachment on and over the public right -of -way; and
WHEREAS,, the Public Works Department is in receipt of Applicant's completed
application for a revocable permit and; accordingly, a public hearing must be set for the "City
Commission to consider the request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF '
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor City Commission, hereby set a public
°hearing for the - September 12, 2012, City Commission Meeting, to consider'granting a revocable
permit to Seville Acquisition, LLC; as the owner of the property located at 2901 Collins Avenue, to
allow for decorative concrete eyebrows to extend 3 feet'into and 35.45 feet.along the public right -of-
way on 29 -Street and to extend 3 feet into and 354.feet along the public right -of -way on 30 street.
PASSED and ADOPTED this 18 day of July,. 2012.
ATTEST: j
.INCORP ORATE .: atti H rera Bower Ma or
'. Raf 'I.Granado, Ity Clerk
' y APPROVED AS TO
FORM & LANGUAGE
26M'� J� 8' FO ELUTION
T:\AGENDA\2012 \7 -18 -12 \revocable permits and easements\2901 Collins Avenue Revoc le Per
ity ttorne Date
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Flo`rida', Setting •A
Public Hearing For The ;September 12, 2012, City Commission Meeting, To Consider Granting A
Revocable Permit To Seville Acquisition, LLC, As The Owner Of The Property Located At 2901 Collins
Avenue, To Allow For Decorative Eyebrows To Extend 3 feet Into And 35.45 Feet.Radially. Along The
Public Right -Of -Way Of 29 Street And To Extend 3 Feet Into And 354 Feet Along 'The Public Right-
Of-Way Of 30 Street.
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Rights Citywide
Supporting. Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall'the Mayor and the City Commission :approve the Resolution ?'
Item Summa /Recommendation:
On May 10, 2011, . the Historic Preservation Board (HPB) approved the substantial renovation and
restoration of the existing Seville Hotel located at 2901'Collins (Property). On June 14', 2011, the HPB'
approved the site plan and landscaping the Property..
The project plans approved by the HPB, at its' regular meetings on May 10, 2011 `and June 14, 2011
(pursuant to HPB File No.7249) included the restoration of the, existing "eyebrow" extending
s. horizontally 3 feet into and 35.45`�feet radially, along the 29 Street public - right -of -way and the
reconstruction and extension of the existing "eyebrow extending horizontally 3 feet into and 354 feet
along the 30 Street public right -of -way (Attachments A and B). ,
As a result, Seville Acquisition, LLC as,the owner of the Property, has a
revocable permit for the construction and maintenance of the aforestated "eyebrows." Per City Code
Section 82 -93, following submittal of the application for a Revocable Permit the Public Works
Department, 'the City Administration shall review the request and prepare a recommendation, and the
City Commission - should set a public hearing for consideration of the proposed revocable permit.
THE ADMINSTRATION RECOMMENDS-APPROVING THE RESOLUTION.
Advisory Board Recommendation:
The Design Review Board has approved the proposed design.- "
Financial Information:
Source of. - Amount Account Approved
Funds:
2`
3` -
OBPI Total hi ti
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
FHB /RWS, Public Works 6565
Sign -Offs:
Department Direct := �' 'Ass'stant °C�ty� " ager City Man r
.... "
FHB JGG KGB
T:y4GENDA\201.2 \7 -1 -1 revo ble permits\2901 Collins Aven ocable Permit - .Summary.docx
AGENDA ITEM ]A DATE
- MIAMI BEACH
City af.Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl . gov
COMMISSIONS MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City ommission
FROM: Kathie G.: Brooks, Interim City Manager,
DATE: July 18, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER 12, 2012,
CITY COMMISSION MEETING, TO CONSIDER GRANTING A REVOCABLE PERMIT -TO
SEVILLE ACQUISITION,, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT
2901 COLLINS AVENUE, TO ALLOW FOR DECORATIVE EYEBROWS TO EXTEND 3
FEET INTO AND 35.45 FEET RADIALLY ALONG THE PUBLIC RIGHT -OF -WAY OF
29 STREET AND TO EXTEND 3 FEET INTO AND 354 FEET ALONG THE PUBLIC
RIGHT -OF -WAY OF 30 STREET.
' ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the resolution setting a public
hearing to consider the revocable permit.
BACKGROUND
On May 10, 2011, the Historic Preservation Board .(HPB) approved the'substantial renovation and
restoration of the existing Seville Hotel located.at 2901 Collins (Property). On June 14, 2011, the
HPB approved the site plan and landscaping for the Property. The approval included:
1. The demolition of the existing 2 -story cabana wing at the southeast corner of the site
and its replacement with a new 5 7 story structure.
2. The demolition of the northwest corner of the existing Seville pedestal to construct a
new 18 -story structure for additional hotel rooms and condominium units.
3. The substantial demolition and reconfiguration of the entire north pedestal portion of
the building for new uses, including parking, a ballroom, a nightclub, and an ice rink.
4. The reconfiguration of the majority of the site .at the rear of the property with the
-exception of the original pool, diving platform, and outdoor pavilion, which will be
retained.
The project plans approved by the HPB at its regular meetings on May 1 0,2011 1 and June 14, 2011
(pursuant to HPB File No.7249) included the restoration of the existing "eyebrow" extending
horizontally 3 feet into and 35.45 feet radially along the 29 Street public right -of -way and the
reconstruction and extension of the existing "eyebrow" extending horizontally 3 feet into and 354 feet
along the 30 ,Street public right -of -way (Attachments A and B).
As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a
revocable permit for the and maintenance of the aforestated "eyebrows." Per City Code
City Commission Memorandum - 2901. Collins Avenue Revocable Permit
July 18, 2012
Page 2 of 3'
Section 82 -93, following submittal of the application for a Revocable Permit.to the Public Works
Department, the City Administration shall review -,the request and prepare a - recommendation, - ,and
the City Commission should set a public hearing for consideration of the proposed revocable permit. '
ANALYSIS -
Pursuant to the criteria.established under Section 82 -94 of the City_ Code for the granting /denying of ,
revocable: permits, the City has concluded the following;
1) That the Applicant's need is substantially'satisfied.' .
Satisfied The Applicant's need has been established by the adopted and City',approved design.
2). That, the Applicant holds title to an abutting property.
Satisfied The Applicant is the Fee _ Simple Owner of the property located at 2901 Collins
Avenue.
3) That the proposed improvements comply with Applicable codes, ordinances, ,regulations, and
neighborhood plans and laws.
Satisfied The Applicant has complied with allahe regulatory requirements for design criteria:
- _ That, the grant of such application will`have no adverse effect on government/utility easements
and uses of the property:'
Satisfied The architectural encroachments do not create a conflict with existing government
utilities and /or easements.
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, structure or ,
building,
9 p g such amenities as, for example: enhanced landsca ping, roved drainage, improved
b. That the rant of the revocable permit will enhance the neighborhood and/or community
b
Y p p 9,_ p
-lighting and ' improved security, .
Satisfied Granting this permit may be considered a neighborhood - enhancing amenity,
since the "eyebrows" provide pedestrian and bicyclists with shade and protection'from
rain.
6) That granting the revocable permit requested, will 'not confer on the applicant •any .special
privilege that is denied to other owners of,land, structures or building subjected, to, similar
conditions:
g permit p privileges
- Satisfied °Grantin this will not provide special to the applicant; any other
City Commission Memorandum - 2901 Collins Avenue Revocable Permit,
Jdly 18, 2012
Page 3 of 3
property owner may also apply for a Revocable Permit provided they meet the applicable
criteria, do not interfere with the safe utilization of any public ROW, and provide a neighborhood
amenity such as pedestrian shade:
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 proposed eyebrows will not have an impact on, surrounding properties, will not
devalue any adjacent properties, and will not have a detrimental effect to the public welfare.:
The Administration's analysis above shows that the above criteria established under Section 82 -94
of the City Code are satisfied. This application is also supported by,the fact that the eyebrows are
part of the design that was approved by the HPB. The HPB considered the eyebrows to be part of
the best design solution for this project.
' CONCLUSION
The Administration recommends that the City Commission adopt the attached resolution to schedule
a public hearing to consider approving the revocable permit.
Attachments:
A. Sketch of encroachment on 29 Street
B. Sketch of encroachment on 30 Street
KGB /JGG /FH9J
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