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2013-28342 Reso RESOLUTION NO. 2013-28342 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A REVOCABLE PERMIT REQUEST BY FIRST STREET DEVELOPMENT, LLC AS THE OWNER OF THE COMMERCIAL PROPERTY LOCATED AT 800 FIRST STREET, TO CONSTRUCT FOUR (4) CONCRETE EYEBROWS THAT PROJECT OVER AND INTO THE PUBLIC RIGHT-OF-WAY, AT A MINIMUM HORIZONTAL DIMENSION OF 2'-2" AT 9'-6" ABOVE THE SIDEWALK AND UP TO A MAXIMUM HORIZONTAL DIMENSION OF 5'-0" AT 9'-8"ABOVE THE SIDEWALK. WHEREAS, First Street Development LLC (Applicant) is the owner of a commercial property located at 800 1St Street (Property), mid-block on the south side of First Street, between Jefferson and Washington Avenues; and WHEREAS, the Applicant proposes to develop the Property with a mixed-use commercial and residential development, consisting of commercial uses on the ground floor, a parking garage (levels two through four), and a single family home (levels three through seven); and WHEREAS, on September 6, 2011, the City's Design Review Board approved the Applicant's plans, through Development Order #22858, to construct four (4) eyebrows that project over and into the public right-of-way, at a minimum horizontal dimension of 2'-2" at 9'-6" above the sidewalk and up to a maximum horizontal dimension of 5-0" at 9'-8" above the sidewalk; and WHEREAS, the Applicant applied to .the City for a revocable permit to be allowed to maintain the aforestated encroachments upon the right-of-way; and WHEREAS, pursuant to Section 82-93 of the City Code, following submittal of an 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 set a public hearing for consideration of the proposed Revocable Permit; and WHEREAS, at the July 19, 2013 City Commission meeting, Resolution No. 2013-28260 was adopted which set a public hearing for September 11, 2013 for the City Commission to consider the revocable permit request of the Applicant; and WHEREAS, the Administration recommends approval of the Applicant's revocable permit request. 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 approve the revocable permit request by First Street Development, LLC as the owner of the commercial property located at 800 First Street, to construct four (4) concrete eyebrows that project over and into the public right-of-way, at a minimum horizontal dimension of 2'-2" at 9'-6" above the sidewalk and up to a maximum horizontal dimension of 5-0" at 9'-8"above the sidewalk. PASSED AND ADOPTED this 11th day of September, 2013. ATTEST: 1 E a atti FTerr6ra Bower, Mayor Rafael ranado, City Clerk �.INCORP ORATE�J APPROVED AS TO FORM & 1_01GL`AGE ON TAAGENDA\2013\September 11\Rep aE�lVRe'rm :BIAfFiF t Nre teso.docx J 5 �3 26 CITY ATTOR y DATE COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing On The September 11,2013 City Commission Meeting,Approving A Revocable Permit Request By First Street Development, LLC, Located At 800 First Street,To Construct Four(4)Concrete Eyebrows That Project Over And Into The Public Right-Of-Way At A Minimum Horizontal Dimension Of 2'-2"At 9'-6" Above The Sidewalk, To A Maximum Horizontal Dimension Of 5'-0"At 9'-8"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 Summa /Recommendation: The First Street Development, LLC(applicant)for the property located at 800 First Street, is requesting a revocable permit to construction four(4) concrete eyebrows into the public right of way. On September 6, 2011, the City of Miami Beach Design Review Board approved the applicant's plans, including the eyebrows, through Development Order#22858. The concrete eyebrows will project a minimum horizontal dimension of 2'-2"at 9'-6"above the First Street sidewalk, to a maximum horizontal dimension of 5'-0 at 9'-8" above the First Street sidewalk. 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. At its July 19,2013 Commission meeting,the title of the Resolution was read into the record and approved on First Reading. A motion made by the Commission to proceed with a Second reading and Public Hearing scheduled for September 11, 2013. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION ON SECOND READING PUBLIC HEARING. Advisory Board Recommendation: j The Design Review Board has approved the proposed design. Financial Information: Source of Amount Account. Funds: 1 2 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Richard W. Saltrick, City Engineer, ext.6565 Sign-Offs: Departmen irector Assistant Ci nager City e ETC MT U JLM TAAGENDA\2013\September 11\Revocable Permit 800 First Street Summary.doc AGENDA ITEM f 17 MIAMIBEACH DATE MIAMI BE CH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Pbe the City.Commission SECOND READING FROM: Jimmy L. Morales, City Manager PUBLIC HEARING DATE: September 11, 2013 SUBJECT: A RESOLUTION OF THE MA CITY COMMISS ION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A REVOCABLE PERMIT REQUEST BY FIRST STREET DEVELOPMENT, LLC, LOCATED AT 800 FIRST STREET, TO CONSTRUCT FOUR (4) CONCRETE EYEBROWS THAT PROJECT OVER AND INTO THE PUBLIC RIGHT-OF-WAY, AT A MINIMIUM HORIZONTAL DIMENSION OF 2'-2" AT 9'-6" ABOVE THE SIDEWALK, TO A MAXIMUM HORIZONTAL DIMENSION OF 5'-0" AT 9'-8"ABOVE THE SIDEWALK. ADMINISTRATION RECOMMENDATION The Administration recommends approving the resolution on Second Hearing Public Hearing. BACKGROUND Public Works received an application for a Revocable Permit to construct four concrete eyebrows into the City of Miami Beach Right of Way. The property is zoned CPS-1 and is located on the south side of First Street between Jefferson Ave. and Washington Ave. (Platted as Miami Avenue). The First Street Development, LLC (applicant), for the property located at 800 First Street, is requesting a revocable permit to construction four (4) concrete eyebrows into the public right of way. The architectural concrete eyebrows will project a minimum horizontal dimension of 2'-2" at 9'-6" above the First Street sidewalk, to a maximum horizontal dimension of 5'-0 at 9'-8" above the First Street sidewalk. (Attachment A & D). On September 6, 2011, the City of Miami Beach Design Review Board approved the applicant's plans, including the eyebrows, through Development Order#22858. First Street Development, LLC (Applicant), as the owner of the property, has requested a Revocable Permit for the construction and maintenance of the aforementioned eyebrows. 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 and prepare a recommendation, and the Commission shall cons.ider setting a public hearing for consideration City Commission Memorandum-Revocable Permit 800 First Street-Memo September 11,2013 Page 2 of 3 of the proposed Revocable Permit. At its July 19, 2013 Commission meeting, the title of the Resolution was read into the record and approved on First Reading. A motion made by the Commission to proceed with a Second reading and Public Hearing scheduled for September 11, 2013. 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. Applicant's need has been established by the DRB order. 2) That the applicant holds the title to property which the improvements will be made. Satisfied. The applicant is the fee simple owner of the property located at 800 First Street. 3) That the proposed improvements comply with applicable codes, ordinances, regulations, and neighborhoods plans and laws. Satisfied. The Applicant shall comply with all the regulatory requirements for design criteria and 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 (eyebrows) 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, structures 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 eyebrows will provide pedestrians and bicyclists with shade and protection from rain. City Commission Memorandum-Revocable Permit 800 First Street-Memo September 11,2013 Page 3 of 3 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 may request a revocable permit. 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 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 established under Section 82- 94 of the City Code is satisfied. This application is also supported by the fact that the eyebrows were required per the DRB order#22858. CONCLUSION The Administration recommends approving the resolution on Second Hearing Public Hearing. Attachments: A. Sketch and Legal Description B. Letter of Intent C. Revocable Permit Application D. Elevation View and Roof Plan JLM\MT\ \RWS T:\AGENDA\2013\September 11\Revocable Permit 800 First Street Memo.docx Attachment SKETCH AND L ECIAL BY PULICE LAND SURVEYORS, INC. 1 PM H&J_FIOAD FLOPMA 333 1 TELEPHONE: (954) 572-1777 FAX. (954) 572-1778 E—MAIL ourveye0p ullcol and surveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 LEGAL DESCRIPTION: PORTIONS OF THE RIGHT—OF—WAY OF FIRST STREET AS DEDICATED BY THE PLAT OF OCEAN BEACH, FLA. ADDITION NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 81, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 11, BLOCK 52, OF SAID PLAT, SAID POINT BEING OF THE SOUTH RIGHT—OF—WAY LINE OF SAID FIRST STREET: THENCE NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 1.56 FEET TO POINT OF BEGINNING 'A', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE AND SAID NORTH LINE OF BLOCK 52. FOR 23.71 FEET TO REFERENCE POINT 'A'; THENCE NORTH 00'00'00" WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 23.71 FEET; THENCE SOUTH 00'00'00" EAST 2.17 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT SAID REFERENCE 'A', SAID POINT BEING OF THE SOUTH RIGHT—OF—WAY LINE OF SAID FIRST STREET; THENCE NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 21.40 FEET TO POINT OF BEGINNING 'B', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE AND SAID NORTH LINE OF BLOCK 52, FOR 25.17 FEET TO REFERENCE POINT '@'; THENCE NORTH 00'00'00° WEST 5.00 FEET; THENCE SOUTH 90'00'00" WEST 25.17 FEET; THENCE SOUTH 00'00'00" EAST 5.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT SAID REFERENCE 'B', SAID POINT BEING OF THE SOUTH RIGHT—OF—WAY LINE OF SAID FIRST STREET; THENCE NORTH 90'00'000 EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 4.23 FEET TO POINT OF BEGINNING 'C', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE AND SAID NORTH LINE OF BLOCK 52, FOR 23.88 FEET TO REFERENCE POINT 'C'; THENCE NORTH 00'00'00' WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 23.88 FEET; THENCE SOUTH 00'00'00" EAST 2.17 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT SAID REFERENCE 'C', SAID POINT BEING OF THE SOUTH RIGHT—OF—WAY LINE OF SAID FIRST STREET; THENCE NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 1.49 FEET TO POINT OF BEGINNING '0', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT—OF—WAY LINE AND SAID NORTH LINE OF BLOCK 52, FOR 24.80 FEET; THENCE NORTH 00*00'00" WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 24.80 FEET; THENCE SOUTH 00'00'00" EAST 2.17 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN MIAMI—DADE COUNTY. FLORIDA AND HAVING A COMBINED AREA CONTAINING 283 SQUARE FEET, MORE OR LESS. F=C?;Fi+BEACOW F1IADA211-L+ IIJMDEZ, PA SHEET 1 OF 3 THIS DOCUMENT IS NEITHER FULL NOR SCALE: N/A OMPLET'E WITHOUT SHEETS 1 THROUGH 3 NO.: 55514 A DATE= 12-14-12 R HN . !CE ROFESSIONAL SURVEYOR AND MAPPER LS2691 O BETH NS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 MIAIVI-DADE COLRM, F=LOFMA F 730 FPST STFABET A DI=TEK LLC. k SKETCH AND LEGAL DESORF TXDN BY POLICE LAND SURVEYORS, INC. SM NOB Fn.l ROAD Sl.AARlM FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL: •urveye0pullcelandaurveyore.com CERTIFlCATE OF AUTHORIZATION L.B#3870 FIRST STREET 100' RIGHT-OF-WAY (PLAT BOOK2, PAGE 81) REFERENCE 5.00' POINT 'B' 2.17' SOOIWOO'E N00'00'00'W .2.17' NO0000'00'W 5.00 INIOC>00'00ow ENCE P.D.B. 'A' : S00100'00'E 25.17' POINT'C' SOUTH 23.7'1'. 390°Oo3'00w1� 23.88' 24.80' RIGHT OOF-WAY ♦ s 0'00' ' iQo' LINE NE OO'OC)'E N90'00'00'E t '00`E N ob'00'E P�O.C. P.O.B. 6 , NomVitST C WNIER 23.71 25.1? 23.38 24.80 BLOCK 52 REFERENCE POI N `03`00':E � .� , I N9L)�00'00'E 21.40' t'gCrO `00'E. �1T S 0 00 E 1.56' 00600100*W 4.23' 2.17' P.O.B. 'C' .O.B. 'D' 52 N9a00'00'E ADDITION tom'. 3 z PLAT BOCK 2 PACE 61 LOT 12 N LOT 11 LOT 10 LOT 9 LOT 8 LOT 7 NOTES: 1) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE SOUTH RIGHT—OF—WAY LINE OF FIRST STREET BEING N00'00'00"E. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. E. FORS BERCOW PADELL+F VV4ANE)EZ,PA SHEET 2 OF 3 SCALE: 1' 20' DOCUMENT S NEITHER FULL NOR LEGEND: COMPLETE WITHOUTSHEETS 1 THROUGH 3 ORDER NO.= 55514 A % CENTERLINE DATE: 12-14-12 O.R.B. OFFICIAL RECORDS BOOK P.O.C. POINT OF COMMENCEMENT MM-DADS COUNTY, FLORIDA P.O.B. POINT OF BEGINNING F rao F4MI STREET SKETCH AND LEGAL DE OFI T1ON BY PULICE LAND SURVEYORS, INC. 51 NM HLL ROAD SUS R—OMA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL, murvey*Cpullcelandeurveyore.com CERTIFICATE OF AUTHORIZATION L8#3870 I I POP TION Of I LW C 70 I I F.O �83 i 1 � Imo" .P ( , T ,Z .A 81 ! ...__ FAT s° EMT _—_-1_____------_--- SITES 3- [ ) 11 17 16 11 14 13 1 11 10 9 8 7 6 5 4 3 2 1 ,- L0 K 32 � a I IS 2C 21 224 23`2. 2 26 27 ZE 29 3C 31 3 .-33 3. 35 r 9[ COMMERCE SnTE r I LOCATION MAP NOT TO SCALE NOTES: 1) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE SOUTH RIGHT—OF—WAY LINE OF FIRST STREET, BEING N00'00'00"E. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, F0F0 6EMOW RADELL+ - 811 MNDEZ, PA SHEET 3 OF 3 THIS DOCUMENT IS NEITHER FULL NOR SCALE; N/A COMPLETE WITHOUT SHEETS 1 THROUGH 3 ORDER NO.: 55514 A DATE, 12-34-12 LEGEND: OD pa*"FM CON0RETE Q CENTERLINE M AMI-DADS COUNW, FLORIDA O.R.B. OFFICIAL RECORDS BOOK lam=730 F ST STREET A SOCIATEB,L—C. _. Attachment B UEERCOW HAD ELL =ER N ZONI1INIIC3, LAN01 USE ANA ENVIRONMENTAL LAW DIRECT LINE:(305)377-6229 E-Mail: gDenn(d)6RZoningl_aw.com VIA HAND DELIVERY May 22,2012 Richard Lorber, Acting Director Planning Department City of Miami Beach 1700 Convention Center Drive, 2nd Floor Miami Beach, Florida 33139 Re:: Request for Modi..fication of Planning Board Order (File No. 2014) for Property Located at 730-804 First Street,Miami Beach, Florida .... Dear Richard: This firm represents 730 First Street Associates, LLC and First Street Development, LLC (collectively the "Applicant"), the applicants and owners of the property located at 730-804 First Street ("Property"). The Applicants seek the Planning Board's approval of a small modification to the approved plan of redevelopment for the Property and a technical revision/clarification to a condition of approval. This letter will serve as the required letter of intent in connection with the application. Description of the Property. The Property is located mid-block on the south side of First Street between Jefferson Avenue and Washington Avenue. To the south of the . Property is an existing alley. Across First Street to the north is existing multifamily residential development zoned RPS-1. The parcels to the east and west of the Property are currently developed with commercial uses. The Property is zoned CPS-1 is subject to Sections 142-698 and 142-699 of the Miami Beach Land Development Regulations, The Property was the subject of a Conditional Use Permit issued by the Planning Board on June 28, 2011, which approved a seven-story mixed-use building that exceeds 50,000 square feet, inclusive of parking. Development Plan. As approved, the Applicant proposes to develop the Property with a mixed-use commercial and residential development, consisting of commercial uses on the ground floor, a parking garage (levels two through four), and a single family home. (levels three through seven). The parking garage has been designed to serve the commercial and residential uses on the Property, including the existing Milo's restaurant (730.First Street) to the east of the proposed new building. WACHOVW FINANCIAL CENTER•200 SOUTH SISCAYNE BOULEVARD,SUITE 850•MIAMI,FLORIDA 33131 PHONE.305.374.5300•FAX.305.377.6222 Richard Lorber, Acting Director May 22,2011 Page 2 The Design Review Board has approved the development plan and the Applicant secured setback and height variances from the Board of Adjustment (File No. 3531) late last year and early this year. Modifications. The Applicant proposes to make slight revisions to the interior layout of the building in order to increase the size of the planned single-family home. The overall floor area of the building is proposed to increase from 33,139 square feet to 35,832 square feet, a change of just over 2,600 square feet. The change will not result in any significant visible alteration to the building, nor will it create an additional impact on the surrounding neighborhood. Because the change will result in a marginal impact on the project's floor area ratio, however;we have filed the instant application seeking a public hearing approval from the Planning Board. We believe that the revised plaid, like the approved plan,is consistent with all of the relevant conditional use criteria. The Applicant further requests a technical revision to Condition No. 7, to clarify that a Certificate of Occupancy for the single family home may issue prior to the point that an operation plan for the commercial uses has been submitted. The Applicant requests that the condition be modified to read as follows: 7. An operation plan for the restaurants and commercial uses shall be submitted to Planning Department staff for review and approval prior to the issuance of a Certificate of Occupancy for any restaurant or commercial use, Gei:t €i ate 4 C , or Business Tax Receipt for any restaurant or commercial use whichever occurs first. Conclusion. The redevelopment of the Property will create an innovative inixed- use project that will be a welcome addition to this area of the City. We look forward to your favorable reconu-nendation. If you have any questions or comments, please call me at 305-377-6229. e:rely C3rana enn cc: Russell Galbut Nelson Fox Jon Cardello, AIA Michael Larkin, Esq, EF cow RADELL&FERNAN DEZ ZCDNINC3. LANO USE ANO ENV1F1nNMENTAL LAW Attachment C — CITY OF MIAMI BEACH APPLICATION FOR REVOCABLE PERMIT ' "'` FILE NO: x __�.. DATE: 1. NAME OF APPLICANT: First Street Development, LLC 2. APPLICANT'S ADDRESS: 2200 Biscayne Boulevard 3. APPLICANT'S BUSINESS TELEPHONE: c/o Graham Penn, Esq., 305-376229 RESIDENCE TELEPHONE:N/A 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: See attached for detailed legal description. Area consists of portion of City sidewalk on the south side of First Street in front of 738 First Street(Folio 02-4203-009-2330) 5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING SUBJECT CITY PROPERTY: 738 First Street, consisting of the western S feet of Lot 7 and Lots 8 through 11 of Block 52 of the Ocean Beach Addition Subdivision,recorded at Plat Book 2, page 81 of the Public Records of Miami-Dade County. 6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES NO X IF SO, WHEN: FILE NO. OF PREVIOUS REQUEST: N/A 7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT: Permit is necessary to allow erection of concrete eyebrows over portions of City sidewalk for mixed-use commercial and residential building. 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: G.T. McDonald Enterprises ADDRESS: 400 South State Road 7 Plantation,FL 33317 BUSINESS TELEPHONE: 954-584-3060 SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION(SECTION 82-92, ITEMS 1 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 RESPONSIBILITY 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; 738 First Street 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 b eing first duly swo rn 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., l° •. DAYAMI AGUTAR s SIGNATURE Sworn t and subscribe a `r. '= Notary Public-State of Florida this_ day of y Comm, Expires Mar 16,2015 Commission#EE 70292 jQ RY PUBLIC trtrl tllt Commission Expires: itirM wu 4Ve*;tr�t�t,q i�air rtur9tri'ini+:#w3i1rY,F#*l�iAtiikAktw*,err*iiralr43aFii23Fee#;kitfik,e-hA a:1' aR-�`A'aM#41C,ne,l,u�AA�kr1'iA-��#�.4^kRinlrfe ii:F iFf+kfi-�?ki4 i4'k�,Ri►1t71,ti+►;►#,k* LIMITED LIABILITY COMPANY AFFIDAVIT I, Russell Galbut, being duly sworn, depose and say that I am the Managing Member of the aforesaid limited limited liability company, and as such,have been authorized by the company to file this application for public hearing;that all answers to the questions in said application and all supplemental data attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said corporation is the owner of the property described herein and which is the subject matter of the proposed hearing. MANAGING MEMBER SIGNATURE Sworn to and subscribed to before me this day of ,20 NOTARY PUBLIC Commission Expires:. *ix'+Hr.Fe#drtttirMti##sdCitMri t9rii inie:idr R#4rr#+k>}I Rie >;iN1Mr Yrw shiirYYNi in r1riF#kAei&i.in►;L,kYtit t t•&•i�.e.witrfr xw,6r i#f.t i,ki Mkt ikitfr##+Ftitsriyn'r>1rM 4nk 4�'YMr►Of tiri OWNERIPOWER OF ATTORNEY AFFIDAVIT Russell Galbut, being duly sworn, depose and say that I am the Managing Member of the aforesaid limited limited liability 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 Bercow Radell & Fernandez, PA to be my legal representative before the City Commission. OWNER'S SIGNATURE Sworn to and subscribed to before me this day of , 19 NOTARY PUBLIC Commission Expires: Attachment D _ L; i7 ?flQJECT F ( li `------ riliR�C7 P6WIT I! _. _.._ ♦< `.l ._._.FIRST STREET.­-4, �� ---- a: Al A i �+ � BW FIRST S'fFFET t -_ 1� PROJECT t ar r,•:•i .. �� inn .-w....v-.-+.•...y �t"'.���- 7 �` ... -_.._-..__-....�-_�,� =� . _- `m `.� _ �_ / �.•r f � � i � 7t � fly y � mod.'aL. �t�rz �A`p j 1 y; P cy� ti 'L �� yam'* -y. !-. ��_ _t,.•".. RtuttollF&AW AV ffl win M r 71` - .-.- P YY Y p4�� y� • --�- , .�li.�_}t.Y`7�. . ��7~ 0'F W �• \�. 1.Y. � 3 h2 k-.i�6Y ��f ---.....tee.. _ _ YU iK'...W�{�� r -1+�'•i' �•„ �- t�'.i'i ��.. YS 5. ''sA.s, s d t S� i�-x' -C?'+R' .'�'- °.,�. a• - `� 1 - !' :acbFiRS-7 STREET- PROJECT Af �`CY7 0_a i.•��._.._._..- :Y�1 ---•a_-�e�ra*.� T!:.T• 4 tags sn.. �! TYnM Gcyi� j 9"+. 1••~ .a r.. . I ,e. �„e...�_<�.._......< -,._.•.-. a±7�..._:,...:.:�-.�. ........._...s A3 14NE THURSDAY.'AUGUST 29,2013 = MiarniHerald.com I MIAMI HERALD -MIAMI BEACH CITY OF MIAMI BEACH N011PE OF.PUBLIC HEARINGS NOTICE IS City given that public.hearings will be held by the Mayorand'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,September 11,2013 to consider the following: 11:45 am. A.Resolution Approving A Revocable Permit Request By First Street Development, LLC, As The Owner Of The Commercial Property Located At 800 First.Street,To Construct Four(4)Concrete Eyebrows That Project Over And Into The Public Right-Of-Way.At A Minimum Horizontal Dimension Of 2'-2" At 9'-6"Above The Sidewalk, To A Maximum Horizontal Dimension OfW-0"At 9-8"AboveThe Sidewalk. Inquiries may be directed to the Public Works Department at.(305),673-7080. 11�06 pm. Vacation Of Alleyway-500 Afton Road A.Resolution Approving,On Second Reading,The Vacation Of An Alley Located ted In The 500 Block Of Aft.qn Road,Containing Approximately 6,005 Square Feet,In Favor Of The.Adjacent Property Owners;South Beach Heights 1,LLC,500 Afton Road Ventures,LLC,Arid 1220 Sixth,:LLC. Inquiries may.be directed to the Pubkc Works Department at(305)67377080. 12:15 1p m. A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Pertaining To The Early Termination Of An Existing Retail Lease Agreement Between The CityAnd Damian J.Gallo &Associates,Inc.D/B/A Permit Doctor;Approving And Authorizing The Mayor And City Clerk To Execute:1)A New Lease Agreement Between The City And Damian J.Gallo&Associates,Inc.D/B/A Permit Doctor, For An Initial Term Of Three(3)Years,With Two(2)Renewal Options For Two(2)Years Each,Involving The Use Of Approximately 1,269 Square Feet Of City-Owned Property Located.At 1701 Meridian Avenue, Unit 4 (A/QA 775 17th Street). Miami Beach, Florida(The "Leased Premises), And 2) A Revocable Concession Agreement Between The City And Damian J.Gallo&Associates.Inc.D/B/A.Permit Doctor, AJlowing For An Outdoor Seating Area, Adjacent To The Leased Premises, And Further Waiving By. 517ths Vote, The Competitive Bidding Requirement,Finding Such Waiver To Be In The Best Interest Of The Public, Inquiries may be directed to the Real Estate,Housing&Community Development Office at.(305)67377260. 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,6/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 or any of the items herein 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,.Fta.Stat.,the City,hereby advises the public that if a person decides to appeal any decision made by the Cfty.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 challepaes or appeals not otherwise:allowed by law. To request this material in accessible format,sign language interpreters, kdomiationonaccessforpersonswfthd,isabilitiesandt&anyaccommodation 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. Ad i#798