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
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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:.
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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:
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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