2013-28215 Reso RESOLUTION NO. 2013-28215
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO UNGAR-
MARSHALL COMPANY (APPLICANT), AS THE OWNER OF THE RETAIL
PROPERTY LOCATED AT 1100 LINCOLN ROAD (THE GAP STORE),
FOLLOWING A DULY NOTICED PUBLIC HEARING, TO ALLOW FOR THE
PLACEMENT AND MAINTENANCE BY APPLICANT OF THE FOLLOWING
ENCROACHMENTS INTO THE PUBLIC RIGHTS OF WAY ADJACENT TO
THE PROPERTY: 1) A PROPOSED METAL CANOPY WITH HORIZONTAL
DIMENSIONS NOT TO EXCEED FIVE-FEET ELEVEN-INCHES (5'-11")
ALONG MICHIGAN AVENUE, SIX-FEET (6') ALONG LINCOLN ROAD MALL,
AND TEN-FEET FOUR-INCHES (10'4") ABOVE THE SIDEWALK; AND 2) A
PROPOSED CONCRETE EYEBROW, HAVING HORIZONTAL DIMENSIONS
NOT TO EXCEED A LENGTH OF 6-FEET (6') ALONG LINCOLN ROAD AND
MICHIGAN AVENUE, AT A HEIGHT OF APPROXIMATELY 30-FEET (30')
ABOVE THE SIDEWALK.
WHEREAS, the Ungar-Marshall Company (the Applicant) is the owner of the retail
property located at 1001 Lincoln Road (the Property), which is currently leased as a Gap Store;
and
WHEREAS, the Applicant is proposing to redevelop the Property; and
WHEREAS, the Applicant's proposed plan, approved by the Historic Preservation Board
(HPB) at its regular meeting on June 12, 2012 (pursuant to HPB File No.7316), was approved
subject to Applicant obtaining approval for a Revocable Permit for a metal canopy, 10'-4" above
the sidewalk, and concrete eyebrow, 30 feet above the sidewalk, extending into the Lincoln
Road and the Michigan Avenue rights-of-way; and
WHEREAS, on Lincoln Road, the proposed canopy extends horizontally 6 feet into and
93.19 feet along the public right-of-way; and
WHEREAS, on Michigan Avenue, the proposed canopy extends horizontally 5.92 feet
into and 134.9 feet along the public right-of-way; and
WHEREAS, at the intersection of Lincoln Road and Michigan Avenue, the proposed
canopy extends up to 6 feet into and 21 feet radially along the public right-of-way; and
WHEREAS, the proposed concrete eyebrow will extend horizontally 6 feet into the public
right-of-way along both Lincoln Road and Michigan Avenue; and
WHEREAS, the Applicant submitted an application to the Public Works Department
requesting a Revocable Permit for the canopy and eyebrow; and
WHEREAS, at its April 17, 2013 meeting, and as required in Section 82-93 of the City
Code, the City Commission approved Resolution No. 2013-28177 setting a public hearing to
consider Applicant's request; and
WHEREAS, the Public Works Department has reviewed 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, following a
duly noticed public hearing on April 17, 2013, hereby, grant a Revocable Permit to Ungar-
Marshall Company (Applicant), as the owner of the retail property located at 1100 Lincoln Road
(the Gap Store), to allow for the placement and maintenance by Applicant of the following
encroachments into the public rights of way adjacent to the property: 1) a proposed metal
canopy with horizontal dimensions not to exceed five-feet eleven-inches (5'-11") along
Michigan Avenue, six-feet (6) along Lincoln Road Mall, and ten-feet four-inches (10'-4") above
the sidewalk; and 2) a proposed concrete eyebrow, having horizontal dimensions not to exceed
a length of 6-feet (6) along Lincoln Road and Michigan Avenue, at a height of approximately
30-feet (30') above the sidewalk.
PASSED and ADOPTED this 8th day of May, 2013.
ATTEST:
err ,ra Bower, ayor
Rafael 6ranado, City Clerk ? ��
* INCORP ORATED: ,?
TAGENDA\2013\May 8\1001 Lincoln Road Revocable Permit-Reso.docx
APPROVED AS TO
FORM S LANGUAGE
&FOR EXECUTION
to Date
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting A
Revocable Permit To The Ungar-Marshall Company Retail Project (Gap Store) Located At 1001
Lincoln Road Miami Beach Florida, To Permit A Proposed Metal Canopy That Projects Over The
Public Right-Of-Way, With Horizontal Dimensions Not To Exceed Five Feet Eleven Inches (5'-11")
Along Michigan Avenue And Six Feet (6-00") Along Lincoln Road Mall At Ten Feet Four Inches (10'-
4") Above The Sidewalk And A Proposed Concrete Eyebrow That Projects Over The Public Right-Of-
Way, With Horizontal Dimensions Not To Exceed 6 Feet (6-00") Along Lincoln Road And Michigan
Avenue At A Height Of Approximately 30 Feet 30'-00" Above The Sidewalk.
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Rights-of-Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
On June 12, 20012, the Historic Preservation Board (HPB) granted a Certificate of Appropriateness
for the demolition and the design of a new retail structure at 1001 Lincoln Road. The new design is to
preserve the architectural theme of a Robert L. Weed design.
The project proposal approved by the HPB, at its regular meeting on June 12, 2012 (pursuant to HPB
File No.7316) included a metal canopy, 10'-4" above the sidewalk, and a concrete eyebrow, 30 feet
above the sidewalk, that extend up to 6 feet into the public right-of-way of Lincoln Road and Michigan
Avenue.
Ungar-Marshall Company, as the owner of the Property, has requested a revocable permit for the
construction and maintenance of the aforementioned canopy and eyebrow. 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
shall consider setting a public hearing for consideration of the proposed revocable permit. At its April
17, 2013 meeting, the City Commission set a public hearing for the May 8, 2013 Commission meeting
to consider this request.
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 canopy and eyebrow to be part of the best design solution for this project
and to be consistent with preserving the architectural theme of a Robert L. Weed design.
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: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
JJF/RWS, Public Works 6565
Sign-0 s:
Department Director Assistant City.4anager City er
J rA, MT JLM
TAAGENDA\2013\ ay 8\1001 Lincoln Road Revocable Permit ry.docx U R9
MIAMIBEACH AGENDA ITEM DATE
® 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 Mem ers of t City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, GRAN ING A REVOCABLE PERMIT TO UNGAR-
MARSHALL COMPANY, AS THE OWNER OF THE RETAIL.PROPERTY LOCATED
AT 1100 LINCOLN ROAD (THE GAP STORE), FOLLOWING A DULY NOTICED
PUBLIC HEARING, TO ALLOW FOR THE PLACEMENT AND MAINTENANCE BY
APPLICANT OF THE FOLLOWING ENCROACHMENTS INTO THE PUBLIC
RIGHTS OF WAY ADJACENT TO THE PROPERTY: 1) A PROPOSED METAL
CANOPY WITH HORIZONTAL DIMENSIONS NOT TO EXCEED FIVE-FEET
ELEVEN-INCHES (5'-11") ALONG MICHIGAN AVENUE, SIX-FEET (6') ALONG
LINCOLN ROAD MALL, AND TEN-FEET FOUR-INCHES (10'-4") ABOVE THE
SIDEWALK; AND 2) A PROPOSED CONCRETE EYEBROW, HAVING
HORIZONTAL DIMENSIONS NOT TO EXCEED A LENGTH OF 6-FEET (6') ALONG
LINCOLN ROAD AND MICHIGAN AVENUE, AT A HEIGHT OF APPROXIMATELY
30-FEET (30'-00") ABOVE THE SIDEWALK.
ADMINISTRATION RECOMMENDATION
The Administration recommends that following the duly noticed public hearing, adopt the
Resolution approving the Revocable Permit
BACKGROUND
The Public Works Department received an application for a Revocable Permit to construct a
metal canopy and concrete eyebrow into the City of Miami Beach Right of Way. The property
located on the northwest corner of Lincoln Road and Michigan Avenue, within the flamingo Park
Local historic District, is currently being operated as a Gap store. The existing building on the
property was identified as a historic structure that once served as the location of the Community
Theater, as well as a later redesigned storefront by Robert L. Weed.
On June 12, 2012, the Historic Preservation Board (HPB) granted a Certificate of
Appropriateness for demolition of the existing building and the proposed design of a new retail
structure. The new building will include a metal canopy, 10'-4" above the sidewalk, and a
concrete eyebrow, 30 feet above the sidewalk, to reflect the architectural theme of the Robert L.
Weed design.
As approved by the HPB, the canopy and eyebrow will project over the sidewalk of the Lincoln
City Commission Memorandum- 1001 Lincoln Road Revocable Permit
May 8, 2013
Page 2 of 3
Road Mall and Michigan Avenue; thus, they will encroach into the City's right-of-way on the
south and the east facades of the property, following the property line. Over ten (10') feet of
clearance will be maintained between the canopy and the sidewalk grade to allow unimpeded
pedestrian traffic.
The canopy projection over the sidewalk will not exceed five feet eleven inches (5'-11") along
Michigan Avenue, and six feet (6-00") along Lincoln Road; while the eyebrow projection will be
six feet (6'), see (Attachments A, B, C, and D). A total of approximately 1500 square feet of the
right-of-way will be encroached upon by the proposed canopy and eyebrow.
Ungar-Marshall Company (Applicant), as the owner of the property, has requested a revocable
permit for the construction and maintenance of the aforementioned canopy and eyebrow. Per
City Code Section 82-93, following submittal of the application for a Revocable Permit to the
Public Works Department, the Administration shall review the request in accordance with the
criteria established in the City Code for the granting/denial of revocable permits and prepare a
recommendation. The City Commission shall also set a public hearing for consideration of the
proposed revocable permit.
ANALYSIS
In accordance with the criteria established in Section 82-94 of the City Code for the
granting/denial of revocable permits, the City's Public Works find as follows:
1) That the Applicant's need is substantial.
Satisfied. The Historic Preservation Board's approval of the proposed new building on the
property rquires Applicant to apply for a Revocable Permit. The architectural design
requires a sign to the construction extending into the City's right-of-way. The sign is
necessary for the identification of the store. The sign cannot be constructed on the
Applicant's property. In order to proceed with the design, there is a substantial need to
utilize the City's right-of-way.
2) That the Applicant holds title to an abutting property.
Satisfied. The Applicant is the owner of the abutting property located at 1001 Lincoln Road.
3) That the proposed improvements comply with Applicable codes, ordinances, regulations,
and neighborhood plans and laws.
Satisfied. The Applicant's design complies 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 encroachments (canopy and eyebrow) do not create a conflict with existing
government utilities and/or easements.
5) Alternatively:
City Commission Memorandum— 1001 Lincoln Road Revocable Permit
May 8, 2013
Page 3 of 3
a. 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 providing a store brand sign into the CMB ROW.
Satisfied. The Revocable Permit may be considered a neighborhood-enhancing
amenity since the canopy and eyebrow will provide pedestrians 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.
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 right-of-way and provide a
neighborhood amenity (such as in this case, a 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 canopy and eyebrow will be an architectural to identify the store
front. This feature will not have an impact on surrounding properties, and will not have a
detrimental effect to the public welfare.
The Administration's analysis above shows that the above criteria, as established in Section 82-
94 of the City Code, are satisfied. This application is also supported by the fact that the canopy
and eyebrows are part of the design that was approved by the HPB. The HPB considered the
canopy and eyebrows to be part of the best design solution for this project, and to be consistent
with preserving the architectural theme of the original Robert L. Weed design.
CONCLUSION
The Administration recommends that the City Commission adopt the attached Resolution
approving the Revocable Permit.
Attachments:
A. Sketch and Legal Description
B. Letter of Intent
C. Revocable Permit Application
D. Elevation View and Roof Plan
JLM/MT/JJF/
T:\HGENDA\2013\May 8\1001 Lincoln Road Revocable Permit-Memo.docx
Attachment A
EXHIBIT "A"
LEGAL DESCRIPTION:
A portion of Lincoln Road and Michigan Avenue, lying directly adjacent to Lots 5 and 6, Block 38, COMMERCIAL
SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, according to the Plat thereof, as recorded in Plat Book 6, at
Page 5, of the Public Records of Miami—Dade County, Florida, being more particularly described as follows:
Begin at the Southwest corner of said Lot 6: thence N 89'59'46" E along the South line of said Lot 6 for 55.02
feet to a point of curvature; thence Northeasterly along a 15.00 radius curve leading to the left through a central
angle of 89'59'02" for an arc distance of 23.56 feet to a point of tangency; thence N 0900'44" E along the East
line of said Lot 6 for 134.90 feet to the Northeast corner of said Lot 6; thence S 89'57'21" E along the Easterly
projection of the North line of said Lot 6 for 5.92 feet; thence S 00'00'44" W along a line 5.92 feet East of and
parallel with the East line of said Lot 6 for 134.90 feet to a point of curvature; thence Southwesterly along a
21.00 radius curve leading to the right through a central angle of 89'59'02" for an arc distance of 32.98 feet to
a point of tangency; thence S 89'59'46" W along a line 6.00 feet South of and parallel with the South line of said
Lots 5 and 6 for 93.19 feet; thence ": E fnr 6.00 feet; thence N 89'59'46" E along the South line of
said Lot 5 for 38.25 feet to the Poini. ..1 Seyinning.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 35 South, Range 42 East, City of Miami Beach, Miami—Dade County,
Florida.
— Bearings hereon are referred to an assumed value of N 00'00'44" E for the West right—of—way line of
Michigan Avenue.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2011-011A-
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on October 19, 2012, and
meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
"Not valid without the signature and the original raised
seal of a Florida, nsect.Surveyor and Mapper"
FO ,.:L.E , .SKILES, INC., LB3653
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
Drawn By MAP LEGAL DESCRIPTION, NOTES& CERTIFICATION: Date
10/19/12
Cad. No. 121067 Scale NOT TO SCALE
'Ref. Dwg, FORTIIV, L.EAVY, S KILES, INC. Job. No. 121067
2011—01 1 A CONSULTING ENGINEERS, SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMMER:00003653 D_ g• NO- 1012-06.3
180 Northeast 168th. Street/North Miami Beach,Florida.33162
Plotted: 10/19/12 8:35a Q Phone:30�1 653-4493/Fax 305-651-7152/Email fls @flssurvey.com .Sheet 1 Of 3
--- --- --- — -- --- -- —� EXHIBIT"A"
20'ALLEY
-- o S89°5I "E _
N r
..5.921
r— ( r i
NORTH LINE . N.E. CORNER -. I IL d
OF LOT 6 OF LOT 6 0 QQ�
35.00' 35.00' D VV N
I I RIGHT OF WAY RIGNT OF WAY j J(7
IN PLAT BOOK 6 PLAT BOOK 6 p d
PAGE 5 PAGE 5
I O 7E�
Mm
i I (
Lu
I p
COMMERIAL SUBDIVISION OF U W
THE ALTON EACH REALTY COMPANY
L. Z ¢ I =
I PATIBOOK 6 PAGE 5 W� 3 F
' O
I I EAST I!NE ; :' Q I LOT 1
OF LOT 6 (5
C I
U
LOT4 I LOT ( LOT Q
m
i 0 0. a
FORTIN,LEAVY;SKILES,INC. 0 _ I o
DRAWING#2011-011 A °O
I POINT OF-
BEGINNING I A=89°59`02"
Io0
R=15.00' I
I. S.W. CORNER OF LOT 8 L SOUTH UNti L=23.56' ` 00
OF LOTS 5 de 8;,.
N00°00'49"E WMRUNE;OF_
B A'0' S89V59'46"W 93.19 A=89 059'02" MCHJGAN aIVMIIE
R=21.00'
GRAPHIC SCALE L=32.98'
13 30 60
Q I 6mO o .
� =Qa R
M ' ira LINCOLN ROAD
I inch = 90 it -
(LINCOLN MALL ROAD)
�
� (100'WIDE PUBLIC RIGHT OF WAY)
tJNE OF—/ (NO VEHICLE ACCESS)
CENTER
LINCOLN ROAD (PEDESTRIAN WALKWAY)
Drawn By MAP SKETCH OF DESCRIPTION 'Date 10/19/12
Cad. No. 121067 Scale 1"=30'
7tef. Dwg. FORTIN, LEAVY, S KILES, INC. Tob. No. 21067
2011—01 1A CONSULTING ENGINEERS, SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF ALTTHORIZATlONNUMBER:00003653 8 NO. 1012-063
180 Northeast 168th. Street/North Miami Beach,Florida.33162
Plotted: 10 19/12 8.3rjO . _ Phone:305-653-4493/Fax 305-651-7152/Email fls(&flssurvey.com Sheet 2 of 3
EXHIBIT "A"
14 13 14 13
15 (—:-12-- —tb —I—. 12
--I - - w -- -1--- - w -- -�
._ r
w 1B ,�I_.-11— . _16 _J _.11 z —
W
z —17 I 10— w —17 t0 > —
w —18 —1 B Q `18 —�` 9—
Q 19 S 19 8 —�
38 -`-- z z ——�
20 7 Q 20 O
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Cc
w 11 I I. 1 vim_ i I 1r 1 I W I ( 1
J 1 2 1 3 1 41 5.1 6 C 1 _1 2 1.3 14 .I, 5 1 6 ` LL ( �.
W I ( 1
LINCOLN ROAD
121, 11 ( 101 918j7 121111101 91817 12111'I101
13 6 13 6 13
- - 47 __ - — — 48`
:
14 5 14 5 14
15 4 15 4 15
16 3 is 16
18 18
SIXTEENTH STREET
brawn By MAP LOCATION SKETCH Date 10/19/12
Cad. No. 121067 Scale NOT TO SCALE
Re! Dwg. F-1 ORTIN, LEAVY, S KILES, INC. Ja b. No. 121067
2011—01 1 A __ CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 $. No. 1012-063
180 Northeast 168th.Street/North Miami Seacb, Florida.33162
-Plotted: phone:395-653-4493/Fax 305-651-7152/Email fls @flssurvey.com Sheet 3 of 3
Attachment B
BERCOW RADELL & F ERNAN DE
ZONINQ, LANE> USE AND ENVIRONMENTAL LAW
DIRECT LINE:(305)377-8238
E-Mail:mmarreroCalbrzonina law.com
VIA HAND-DELIVERY_
September 10,2012
Fred Beckmann,Director
Public Works Department
City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach, Florida 33139
Re: Revocable Permit Application in Connection with the Property Located at
1001 Lincoln Road.—Letter of Intent .,
Dear Mr. Beckmann:
This law firm represents Ungar-Marshall Company ("Applicant"), the owner of
1001 Lincoln Road ("Property"). See Exhibit A (Survey). Please consider this letter the
Applicant's required letter of intent in conjunction with a revocable permit application
concerning the projection of an architectural element, an eyebrow, over the rights-of-
way of the City of Miami Beach ("City"), See Exhibit B (Sketch and Legal Description of
Area of Encroachments).
Descripti.bn of.the ProMtW-and'Si=ouridii>_g Area. The Property is zoned CD-3
(Commercial, High Intensity) and is located on the northwest corner of Lincoln Road
and Michigan Avenue, within the Flamingo Park Local Historic District. The existing
building on the property was identified as a historic structure that once served as the
location of the Community Theater, as well as a later redesigned storefront by Robert L.
Weed. In June of 2012, the Historic Preservation Board 'granted a Certificate of
Appropriateness for demolition of the existing structure and design of a new retail
structure. The form and the articulation of the new building seek to recall elements of
the Robert L. Weed design.
The new retail structure is designed as a glass volume, with large expanses of
Ight limestone, underneath a floating roof canopy. The palette of materials bring
together modern finishes and technologies with materials that are reminiscent of those
that have always formed a part of the language of Lincoln Road,such as bronzed metals
and light limestone.
WACHOVIA FINANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SUrIT 850•MIAMI, FLORIDA 93737
PHONE.30S.374.5300•FAX.305.377.8222•WWW.BR20NINQLAW.00M
Fred Beckmann, Director
September 10,2012
Page 2 of 4
A sizable portion of the stucco parapet that ran along the Lincoln Road fagade,
sweeping in a wide curve to Michigan Avenue, to end a short distance beyond, is
reinterpreted as a stone feature,following the location and scale of the original parapet,
but now also serving as a focus for the storefront display. A new eyebrow is also
situated to recall the height and position of the original eyebrow,but rather than being
in painted stucco, the eyebrow is now metal. Therefore, the proposed design
reintroduces the important elements of the existing building. The result is a dynamic
curve that brings you to the corner of the building, but also keeps a memory of what
was there.
Encroachments on Rights-of-Way. As approved, the Project contains an eyebrow
that minimally projects over the sidewalk fronting Lincoln and Michigan Avenues, The
City of Miami Beach owns these sidewalk areas. Therefore, the projection encroaches
into the airspace above the City's rights-of-way. A fixed horizontal eyebrow is located
on the south and east facedes of the property and is curved to follow the property line.
It is located over 10 feet above the sidewalk. As a result, the location of the eyebrow
represents no impediment to the follow of pedestrians. The eyebrow encompasses a
total area of 1,500 square feet into the ROW.The architectural element will be a critically
important feature of the storefront and will help reintroduce the historic portion of
Robert L.Weed's design.
Satisfaction of the Revocable Permit Criteria. The Applicant satisfies the criteria
for granting a revocable permit listed in the following subsections of the City of Miami
Beach Code ("Code")Section 82-94.
(1) Applicant's Need Is Substantial.
The Applicant's need for the permit is substantial. The location of the proposed
building, which will not be set back from the property line, leaves no room for
architectural elements that define the historic background of the area. Further, in
permitting the demolition of the historic Community Theatre building, the HPB
required historic expression of its architecture. The new eyebrow will reintroduce one
of the primary elements of the historic portion of the building to be demolished,helping
to preserve memory of Robert L.Weed's design.
(2) Applicant Holds Title to an Abutting Property.
The Applicant holds title to the Property located at 1001 Lincoln Road.
(3) Proposed Improvements Comply with Regulations.
BERCOW RADELL&FERNAN DEZ
ZONING, LANG U8E ANO ENVIRONMENTAL LAW
Fred Beckmann,Director
September 10,2012
Page 3 of 4
The Applicant will obtain any required building permits for the encroachments.
(4) Grant of. Application Will Have No Adverse Effect on Governmental/
Utility Easements.
The narrow eyebrow will not impact any governmental or utility easements as it
is elevated over 10 feet above ground level.
(5) AIternatively: (a) Unnecessary Hardship Exists Depriving Applicant of
Reasonable Use of the Land Arising out of Special Circumstances, or (b)
Grant of-Permit Will Enhance Neighborhood.
The Proposed design from Touzet Studio was a subject of much discussion
between the neighbors, City Officials, Planning Staff, and Miami Design Preservation
League.The architectural elements of the proposed landmark GAP store were carefully
revised and approved to certainly enhance the Flamingo Park Historic District and the
neighborhood.
(6) Granting Permit Does Not Confer Special Privileges.
Any property owner, especially one with a building placed at zero lot lines may
request a revocable permit for use of the adjacent rights-of--way. Therefore,granting the
permit will not confer any special privilege on the Applicant that would otherwise be
denied to others similarly situated in the same zoning district.
(7) Granting Permit Will Be In Harmony With Code and Not Injurious to
Surrounding Properties.
As stated above, the permanent architectural element satisfies all the Code
requirements. The eyebrow does not project significantly into the right-of-way and will
not impede pedestrian access. Also, it does not project into the surrounding private
properties. For these reasons, granting the permit will achieve harmony with the Code,
not be injurious to surrounding properties and will not in any way be detrimental to the
public welfare.
Summary. To address the hardship caused by the location of proposed building
and to satisfy the requirements of the HPB approval, the Applicant has proposed
modest encroachments over the City's right-of-way. The request is in harmony with the
intent and purpose of the Code, and will not be injurious to the area involved or
otherwise detrimental to the public welfare. Moreover, the encroaching architectural
element will help preserve and define the historic background of the area.
BERcow R'ADELL&FERNANDE.Z
20NING. LANG US6 ANO ENVIRONM @NYAL LAW
Fred Beckmann, Director
September 10,2012
Page 4 of 4
Based on all the above reasons, the Applicant respectfully requests your
favorable review and recommendation of this application. If you have any questions or
comments with regard to the application,please call me at(305)377-6238.
Sincerely,
Michael J. Marrero
f
BERCow RADCLL&FERNAN DE
YONINC3. R.AND UE.E AND ENVIRONMENTAL LAW
Attachment C
CITY OF MIAMI BEACH
APPLICATION FOR REVOCABLE PERMIT
' FILE NO:
DATE:
1. NAME OF APPLICANT: Unjzar:MarshAll Companv
2. APPLICANT'S ADDRESS: 5.23 Miehim.Avenue Miami Beach,FL 33139
3. APPLICANT'S BUSINESS TELEPHONE: c/o`Miehev Marrero,305.3.77.6238 _
RESIDENCE TELEPHONE:NIA,
4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: See Exhibit A.
5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING
SUBJECT CITY PROPERTY: 523 Michiean Avenue. 'See Exhibit B' Survey)
6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST`?
YES NO X IF SO, WHEN:
FILE NO. OF PREVIOUS REQUEST:
7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE
REVOCABLE PERMIT: .Applicant req ie is a revocableoririit to permit a M.oposeil liuildiii to
contain an�t ditectural element in the form of.-:I n a ebrotiv wihleh proiects a ver t}ie side%�ilk
front�ne X:mcoln.Road and`Michigan Ave The vebrory is one of the required elerments that
were essential to he�Histaric.Pzeservation Eoard ap oval SeeLetter oflntent for more details
8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES
ON THE SUBJECT PROPERTY? YES NO X
IF SO,BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES:
9. NAME OF CONTRACTOR: TouzeE Studio
ADDRESS: 4565 P once de Leon Blvd. Suite 201,Coral:.Gables.
BUSINESS TELEPHONE:._ 005.1789 9-70.
SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS
APPLICATION(SECTION 82-92,ITEMS I THROUGH 9).
NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL
A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED.
IT IS THE RESPONSIBILI TY OF THE OWNER AND/OR THE CONTRACTOR TO
OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON THE
SUBJECT CITY PROPERTY. ALL WORK MUST COMPLY WITH THE
APPLICABLE CODES AND ORDINANCES.
ALL DATA SUBMITTED IN CONNECTION WITH THIS APPLICATION BECOMES
A PERMANENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS
DEPARTMENT OF THE CITY.
FILE NO..
THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS:_ 1001 Lincoln Road, MIAMI
BEACH, FL.
INSTRUCTIONS:
COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT,AS APPLICABLE, ALSO, IF YOU
ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS
REQUEST,COMPLETE THE LAST AFFIDAVIT.
OWNER AFFIDAVIT
I, N/A being first duly sworn, depose and say that I am the owner of the property
described herein and which is the subject matter of the proposed hearing: that all the answers to the
questions in this application and all supplemental data attached to and made a part of the application are
honest and true to the best of my knowledge and belief.
N/A
-
Sworn to and subscribed to before me
this day of 20 NIA
NQ ARY'PU:BLIC
Commission Esapires:
t•!►#1,1iYtiMiyNYbNti,FtlMa ii#F#}X14iY;rJil.'Hiili+wi"tM`+,tA�tRMa-�`13ir►'r#,1iik+H##4++rkftiHNtf4_#kk�i �
#!1+1}11,*1#fi1 •#W1i+1 N•#i
CORPORATION/PARTNERSHIP AFFIDAVIT
1, Jonathan Fryd beRig.; duly sworn, depose grid say that I am the..Vice' President of
Unclar Marshdll ComDanY and as such, have.b'sen autho7�zed by'the torporatian tp.fiie this application
for pub%hearing;that cif answ.ers'io-ttte questions in said.application and all s�ppkmen.t.di�atd at66hed
to;,antl made a part of this application are honest and true to the best of flat knowleoge and belief,•that
said corporation is fhe.owner.of the property described herein and which is`the s jedf matfer of.tFiir
proposed hearing,
GENERAL_PARTNE. AT11R_ {CORP._SEAL)
��`v.• �' .G SECRETARY'S:-SLGNATURE
Sworn to and subscribed to before me �_ sE> 'fas 1 -
this 11 day ofc Y , 201 . .
:, � �' ;�/ NOTARY PUBLIC
Commission Ex ,i}� a�te���.'
+wt1YM1#„+ai►ri�i*i r9piii;;+h'H►rrrrii•r#*r a►t,+rs l,tl4. h: t*irit��Ni./irF##4irrkNfr'sr r#,r+aat,•1fSt,tn#eaigwa�4l-t
OWNERIPOWER OF ATTORNEY AFFIDAVIT
I,_Jonathan Fryd being duly sworn, depose and say that I am the Vice President of
Ungar-Marshall Company, which is the owner of the described real property and that I am aware of the
nature and effect of the request for this revocable permit, relative to my property, which Is hereby made
by me or I am hereby authorized Michael W, _Larkin..Es _..1 Michael :f; .Marrero- Es o. to b;,my legal
representatives before the City Commission.:
Q `S.SIG TORE
Sworn to and subscribed to before me
this day of!S=4.-,2032_.
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16NE I THURSDAY,APRIL 25,2013 NE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the
Mayor and City Commission of the City of Miami Beach,Florida,
in the Commission Chambers,3rd Floor,City Hall,1700 Convention
Center Drive,Miami Beach,Florida,on Wednesday,May 8,2013
to consider the following:
11:15 am.
A Resolution Granting A Revocable Permit To The Ungar-Marshall
Company Retail Project (GAP Store) Located At 1001 Lincoln
Road Miami Beach Florida,To Permit A Proposed Metal Canopy
That Projects Over The Public Right-Of-Way, With Horizontal
Dimensions Not To Exceed Five Feet Eleven Inches (5'-11")
Along Michigan Avenue And Six Feet(6')Along Lincoln Road
Mall At Ten Feet Four Inches(10'-4")Above The Sidewalk And
A Proposed Concrete Eyebrow That Projects Over The Public
Right-Of-Way,With Horizontal Dimensions Not To Exceed 6 Feet
(6)Along Lincoln Road And Michigan Avenue At A Height Of
Approximately 30 Feet(30')Above The Sidewalk.
Inquiries may be directed to the Public Works Department at
(305)673-7080.
11:30 a.m.
A Resolution Adopting And Appropriating The Third Amendment
To The Police Confiscation Trust Budget For Fiscal Year
2012/2013 In The Amount Of S95,000,To Be Funded From
The Proceeds Of State Confiscated Funds In The Amount Of
$95,000, For The Appropriation And Expenditure Of Those
Items Set Forth In Exhibit"A,"Which Shall Be Funded Through
The Police Confiscation Trust Fund.
Inquiries may be directed to the Police Department at
(305)673-7925.
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 items are available for public
inspection during normal business hours in the City Clerk's
Office,1700 Convention Center Drive,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 Granada,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises
the public that it 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 accommodation to review any document or participate
In any City-sponsored proceeding,please contact us five days
in advance at(305) 673-7411(voice) or TTY users may also
call the Florida Relay Service at 711.
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