2012-28002 Reso RESOLUTION NO. 2012-28002
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO SEVILLE
ACQUISITION, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT
2901 COLLINS AVENUE, FOLLOWING A DULY NOTICED PUBLIC HEARING,
TO ALLOW FOR DECORATIVE CONCRETE EYEBROWS TO EXTEND 3
FEET INTO AND 35.45 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 29TH
STREET AND TO EXTEND 3 FEET INTO AND 354 FEET ALONG THE
PUBLIC RIGHT-OF-WAY ON 30TH STREET.
WHEREAS, Seville Acquisition, LLC (the Applicant) is the owner of the 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
WHEREAS, the project plan approved by the Historic Preservation Board (HPB) at its
regular 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 291h Street and 30th
Street right-of-ways; and
WHEREAS, on 29th Street, the proposed eyebrow extends horizontally 3 feet into and
35.45 feet along the public right-of-way; and
WHEREAS, on 30th 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, at its July 18, 2012 meeting, the City Commission approved Resolution No.
2012-27949, setting a public hearing to consider this request; and
WHEREAS, the Public Works Department is in receipt of Applicant's completed
application, and finds that it meets the criteria established for granting a revocable permit
pursuant to Section 82-94 of the City Code.
NOW, THEREFORE, BE IT 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 Seville Acquisition, LLC, as the owner of the property located at 2901
Collins Avenue, following a duly noticed Public Hearing, to allow for decorative concrete
eyebrows to extend 3 feet into and 35.45 feet along the public right-of-way on 29th street and to
extend 3 feet into and 354 feet along the public right-of-way on 30th Street.
PASSED and ADOPTED this 12th day of September, 2012.
ATTEST: 0 �
1 YY4♦7 4AIPPROV AS TO
� �� '••� � RM & NGUAGE
Matti Herrer Bower, Mayor
Rafael G anado,, QFOE
UTION
Kt6RP ORATED
. derm c
T:\AGENDA\2012\9-12-12\ " 't ,•', ents\2901 Collins Avenue Revocable t cx ate
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting A
Revocable Permit To Seville Acquisition, Llc, As The Owner Of The Property Located At 2901 Collins
Avenue, Following A Duly Noticed Public Hearing, To Allow For Decorative Concrete Eyebrows To
Extend 3 Feet Into And 35.45 Feet Along The Public Right-Of-Way On 291h Street And To Extend 3
Feet Into And 354 Feet Along The Public Right-Of-Way On 30th Street.
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 Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
PUBLIC HEARING
The project plans approved by the Historic Preservation Board, 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 horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of-
way and the reconstruction and extension of the existing "eyebrow" extending horizontally 3 feet into
and 354 feet along the 30th Street public right-of-way.
As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested 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 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.
At the July 18, 2012 meeting, the City Commission passed Resolution No. 2012-27949, setting a
public hearing at its September 12, 2012 meeting. The Public Works Department has reviewed the
application and finds that it satisfies the criteria of section 82-94 of the City Code established for
granting revocable permits.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
The Historic Preservation Board has approved the proposed design.
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
FHB/RWS, Public Works 6565
Sign-Offs:
Department Di ct Assistant City ager City Man r 10
FHB J G G i±11 KGB
T:\AGENDA\2012\9-19-1 Revocable Permits and Easements\2901 Collins Avenue Revocable Permit-Summarf.docx
,AGENDA ITEM
ILIA/'� 9-la_
DATE Z
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 Cit Commission
PUBLIC HEARING
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,GRANTING A REVOCABLE PERMIT TO SEVILLE ACQUISITION,
LLC, AS THE OWNER OF THE PROPERTY LOCATED AT 2901 COLLINS AVENUE,
FOLLOWING A DULY NOTICED PUBLIC HEARING, TO ALLOW FOR DECORATIVE
CONCRETE EYEBROWS TO EXTEND 3 FEET INTO AND 35.45 FEET ALONG THE
PUBLIC RIGHT-OF-WAY ON 29TH STREET AND TO EXTEND 3 FEET INTO AND 354
FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 30TH STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the resolution granting 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-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
j 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 10, 2011 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 29th Street public right-of-way and the
reconstruction and extension of the existing"eyebrow"extending horizontally 3 feet into and 354 feet
along the 30th 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 construction and maintenance of the aforestated"eyebrows."Per City Code
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
City Commission Memorandum-2901 Collins Avenue Revocable Permit
September 12, 2012
Page 2 of 3
the City Commission should set a public hearing for consideration of the proposed revocable permit.
At the July 18, 2012 meeting, the City Commission passed Resolution No. 2012-27949, setting a
public hearing at its September 12, 2012 meeting. The Public Works Department has reviewed the
application and finds that it satisfies the criteria of section 82-94 of the City Code established for
granting revocable permits.
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 all the regulatory requirements for design criteria.
4) 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.
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 this permit may be considered a neighborhood-enhancing amenity,
since the "eyebrows" provide pedestrian and bicyclists with shade and protection from
rain.
City Commission Memorandum-2901 Collins Avenue Revocable Permit
September 12, 2012
Page 3 of 3
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.
Satisfied. Granting this permit will not provide special privileges to the applicant; any other
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 approve
the revocable permit.
Attachments:
A. Sketch of encroachment on 29th Street
B. Sketch of encroachment on 30th Street
KGB/JGG/FH""14/DEF
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\2901 Collins Avenue Revocable Permit-Memo.doc
Attachment A
SKETCH & LEGAL DESCRIPTION
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MIAMIBEACH
CITY OF I�IAIVII-BEACH. -
NOTICE OF PUBLIC-HEARING
NOTICE IS HEREBY given that a public hearing will be held by the Cny Commission of the City of Miami Beach,in the Commission_Chambers,
3rd Floor,City Hall,1700 Convention Center Drive;Miami Beach,Florida,on Wednesday,September 12,2012 at 10:50 A.M,,.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 29th Street And To Extend 3 Feet Into And 354.Feet
Along The Public Right-Of-Way On 30th Street.
Inquiries may be directed to the Public Works Department at(305)673 77080.
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 this item are .
available for public inspection during normal business hours in the City_Clerk's Office,1700 Convention Center Driv6j 1st Floor;City Hall,Miami
Beach,Florida 33139.This meeting may be continued,and under:such circumstances additional legal notice will not be provided. :
Rafael E.Granado,City Clerk
City'of-Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the C ity 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 accenfor persons wtth disabilities,and/or any
accommodation to review any document or participate in any City-sponsored proceeding,prease contact us five days in advance at..
(305)673-7411(voice)or TTY users may also call the Florida Relay.Service at 711. -
Ad#727
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