2002-24819 Reso
RESOLUTION NO. 2002-24819
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
PUBLIC HEARING ON MAY 8, 2002, TO CONSIDER THE
REVOCABLE PERMIT REQUEST BY MR. ROBERT
SWEDROE, TO RETAIN PART OF A WROUGHT IRON FENCE,
A CIRCULAR CONCRETE PAVER DRIVEWAY AND
IRRIGATED AND LIGHTED LANDSCAPING AT THE STREET
END OF 78TH STREET, EAST OF ATLANTIC WAY,
ADJACENT TO THE PERMITTEE'S PROPERTY LOCATED AT
7747 ATLANTIC WAY.
WHEREAS, Mr. Robert Swedroe (Applicant), is the owner's representative for the
property located at 7747 Atlantic Way (Property); and
WHEREAS, the Applicant has requested a Revocable Permit to retain a wrought iron
fence, a circular concrete paver driveway and irrigated and lighted landscaping at the street
end of 78th Street, east of Atlantic Way, adjacent to the above mentioned Property; and
WHEREAS, pursuant to Chapter 82, Article III, Division 2, Section 82-93 of the City of
Miami Beach City Code, the Mayor and City Commission are required to hold a public hearing
to consider the granting of a revocable permit.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to
consider the request for a Revocable Permit by Mr. Robert Swedroe, to retain a wrought iron
fence, a circular concrete paver driveway and irrigated and lighted landscaping at the street end
of 78th Street, east of Atlantic Way, is hereby called to be held before the Mayor and City
Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive,
Miami Beach, Florida on Mav 8. 2002. beginning at 2'~OO p .m, and the City Clerk is
hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in
a newspaper of Miami Beach, at which time and place all interested parties will be heard.
PASSED and ADOPTED this 10th day of April ,2002
~r fMiuL
CITY CLERK
ATTEST:
APPROVED M10
FORM a LANGUAGI
a FOR EXECUTION
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HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: October 9, 2001
INRE:
The Application for a Certificate of Appropriateness for a beach
accessway.
FILE NO:
PROPERTY:
1172
Eastern Terminus of 78th Street (East of Atlantic Way)
ORDER
The applicant, the City of Miami Beach, filed an application with the City of Miami Beach
Planning Department for a Certificate of Appropriateness.
The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF
FACT, based upon the evidence, information, testimony and materials presented at the
public hearing and which are part of the record for this matter:
A. The proposed project is located within the Altos Del Mar Local Historic District.
B. Based on the plans and documents submitted with the application, testimony and
information provided by the applicant, and the reasons set forth in the Planning
Department Staff Report, the project as submitted is consistent with the Certificate
of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code, is
not consistent with Certificate of Appropriateness Criteria a, b, d, e and f in Section
118-564(a)(2) of the Miami Beach Code, and is not consistent with Certificate of
Appropriateness Criteria a, c and f in Section 118-564(a)(3) of the Miami Beach
Code.
C. The project would be consistent with the criteria and requirements of section 118-
564 if the following conditions are met:
1. A revised site and landscape plan shall be submitted to and approved by
staff; at a minimum, such drawings shall incorporate the following:
a. Allor a substantial portion of the decorative pavers in the public right-
of-way shall be removed and replaced with a new paver scheme to
clearly contrast those pavers utilized on the private driveways, and to
create a clearly defined public accessway to the dune transition area.
b. The existing trellis feature on the south side of the right-of-way shall
either be completely removed, or relocated to within the confines of
the property to the south.
@
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Page 2 of 3
HPB File No. 1172
Meeting Date: October 9:,2001
c. Eight (8) feet of landscape material on the south side of the 78th
Street-End right-of-way shall be relocated sufficient to accommodate
a redesigned cul-de-sac driveway, which driveway shall be centered
on the 78th Street right-of-way.
d. The existing fence shall be completely removed from the dune
transition area, at the eastem terminus of the 78th Street. No fencing
or hedging of any kind shall be permitted within the public right-of-
way.
e. A new signage plan, which clearly delineates public access to the
beach, shall be required.
f. Public sidewalks shall be required on the north and south sides of the
78th Street right-of-way, and shall continue to the eastern most point
of the cul-de-sac.
g. A minimum twelve (12) foot path from the street end to the beach shall
be retained and preserved in a manner to be approved by staff.
h. A new signage plan which clearly delineates public access shall be
required from Collins Avenue, Atlantic Way and past the cul-de-sac,
in a manner to be approved by staff.
2. A Revocable Permit shall be required from the City Commission.
3. The Final Order is not severable, and if any provision or condition hereof is
held void or unconstitutional in a final decision by a court of competent
jurisdiction, the order shall be returned to the Board for reconsideration as
to whether the order meets the criteria for approval absent the stricken
provision or condition, and/or it is appropriate to modify the remaining
conditions or impose new conditions.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence,
information, testimony and materials presented at the public hearing, which are part of the
record for this matter, and the staff report and analysis, which are adopted herein, including
the staff recommendations which were amended by the Board, that the Application for a
Certificate of Appropriateness is granted for the above-referenced project subject to those
certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-3,
inclusive) hereof, to which the applicant has agreed.
No building permit may be issued unless and until all conditions of approval as set forth
herein have been met. The issuance of a Certificate of Appropriateness does not relieve
the applicant from obtaining all other required Municipal, County and/or State reviews and
.~
, ,
Page 3 of 3
HPB File No. 1172
Meeting Date: October 9, 2001
permits, including zoning approval. If adequate handicapped access is not provided, this
approval does not mean that such handicapped access is not required or that the Board
supports an applicant's effort to seek waivers relating to handicapped accessibility
requirements.
When reauestina a buildina oermit, three (3) sets of plans aooroved bv the Board. modified
in accordance with the above conditions. shall be submitted to the Plannina Deoartment.
If all of the above-specified conditions are satisfactorily addressed, the plans will be
reviewed for building permit approval. Two (2) sets will be returned to you for submission
for a building permit and one (1) set will be retained for the Historic Preservation Board's
file. If the Full Building Permit is not issued within one (1) year of the meeting date at which
this Certificate of Appropriateness was granted and construction does not commence and
continue in accordance with the requirements of the applicable Building Code, the
Certificate of Appropriateness will expire and become nut! and void.
Dated this ~;). day of ~~ , 20~.
HISTORIC PRESERVATION BOARD
THE C1E')'F MIAMI B~~~ FLORIDA
BY: ~ If /I'I~
THOMAS R. MOONEY, AICP
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this l. '2,vc/ day of
Cc.. N 6 d1L 20 ~, by Thomas R. Mooney, Design and Preservation
Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal
Corporation, on behalf of the Corporation. He is ers known to
CHAItLB A TAFt'
Nar.uvPUBucsrATE'OFFLORJDA
coMMlSSION NO. cC832790
MMI$JON EXP. MAY 29
NOTA LlC Ctfh~'crt"f. /ft-FT
Miami-Dade County, lorida
My commission expires:
Approved As To Form: ~
Legal Department: ~ (/0-2.-).,-6)/ )
Filed with the Clerk of the Historic Preservation Board on /d/'J.l-Id, ( ~
/ '
F:\PLAN\$HPB\01 HPB\Octhpb01\1172.fo.doc
f)
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
~
Condensed Title:
A Resolution to schedule a public hearing to consider the Revocable Permit for the street-end at 78m
Street, to retain part of a wrought iron fence, a circular concrete paver driveway and irrigated and lighted
landscaping, installed by Mr. Swedroe, owner of the property at 7747 Atlantic Way.
Issue:
Shall a public hearing be scheduled on May 8, 2002 ?
Item Summary/Recommendation:
The Administration's Recommendation is to schedule the public hearing on May 8, 2002.
Advisory Board Recommendation:
I N/A
Financial Information:
Amount to be expended:
Finance Dept.
Source of
Funds:
D
F:\WORK\$ALLWGK\COMMEMO\CS-swedroe.doc
AGENDA ITEM
DATE
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CITY OF MIAMI BEACH
CI1Y HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
.WWW.ci.miami-beach.f1.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and Date: April 10, 2002
Members of the City Commission
Jorge M. Gonzalez ~ .~~
City Manager 0 ~ {)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A PUBLIC HEARING ON
MAY 8,2002, TO CONSIDER THE REVOCABLE PERMIT REQUEST BY
MR. ROBERT SWEDROE, TO RETAIN PART OF A WROUGHT IRON
FENCE, A CIRCULAR CONCRETE PAVER DRIVEWAY AND IRRIGATED
AND LIGHTED LANDSCAPING AT THE STREET END OF 78TH STREET,
EAST OF ATLANTIC WAY, ADJACENT TO THE PERMITTEE'S
PROPERTY LOCATED AT 7747 ATLANTIC WAY.
To:
Subject:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
Chapter 82, Article III, Division 2, of the Miami Beach City Code addresses revocable permits for
the use of City right-of-ways by adjacent property owners and establishes guidelines for the Mayor
and City Commission to grant or deny a revocable permit, following a public hearing.
In 1994, an application for a revocable permit was filed by Mr. Robert Swedroe, as the owner of
property at 7747 Atlantic Way, for the installation of a circular concrete paver driveway, signage, and
irrigated landscaping, with lighting, at the Street End of 78th Street, within the City's right-of-way.
On June 15, 1994, the Mayor and City Commission adopted Resolution No. 94-21204, scheduling
a public hearing for the above-referenced revocable permit request for July 27, 1994. Subsequently,
the request was withdrawn by Mr. Swedroe prior to the public hearing, and the hearing was never
held. Consequently, no action was taken on the permit request.
Notwithstanding the above, a circular concrete paver driveway and a wrought iron fence with a gate
were constructed by Mr. Swedroe on the City right-of-way at 78th Street, adjacent to Mr. Swedroe's
property. Additionally, other encroachments on the subject City right-of-way installed by Mr.
Swedroe include landscaping, a wood trellis, irrigation system, and lighting. None of these
alterations were approved by the City of Miami Beach, Le. Mr. Swedroe never applied for a building
permit to build these encroachments.
In a letter to Mr. Swedroe, dated October 23, 1998, the City requested the removal of the
aforestated encroachments or, in the altemative, that Mr. Swedroe apply for an after-the-fact
revocable permit for consideration to maintain said encroachments within the City right-of-way. In
response to the City's letter, a revocable permit application was filed by Mr. Swedroe. At the
January 6, 1999 City Commission meeting, a public hearing to consider the request was scheduled
for February 17,1999; said public hearing was opened and continued on that date to March 3,1999,
when the revocable permit request was denied.
Subsequent to the aforestated denial of Mr. Swedroe's revocable permit request, Mr. Swedroe,
along with his wife, Rita Swed roe , brought an action for Declaratory Judgment and Supplemental
Relief against the City (Swedroe vs. City of Miami Beach, Case No. 99-13775 CA 27), seeking a
Court order enjoining the City from removing the subject encroachments. Following Mr. Swedroe's
filing of said action, representatives of the City Attorney's Office and the Administration met with
counsel and representatives for Mr. Swedroe, regarding a proposed settlement which would include
the removal of the most grievous encroachments such as the gate, the fence and the signage
referencing the subject right-of-way as a "Private Drive". An Executive Session to further discuss
settlement of the lawsuit was held on July 12, 2000, prior to the Mayor and City Commission's
consideration of Mr. Swedroe's revocable permit application.
On the July 12, 2000 Commission Meeting, the Public Hearing was opened with discussion related
to the Swedroe Revocable Permit. After discussions, the Commission on a vote 6-0 made a
directive to refer the item to the Historic Preservation Board, and continue the public hearing to
September 27, 2000 Commission Meeting.
On September 12, 2000, the City's Historic Preservation Board reviewed the item and issued a
binding order requiring modification to the landscaping and the pavers, and removal of the fence
and trellis.
On September 27,2000, the City Commission passed Resolution No. 2000-24103, granting Mr.
Swedroe in part an after-the-fact revocable permit, allowing certain encroachments on the right-of-
way, subject to the conditions set by the City of Miami Beach Historic Preservation Board at its
meeting of September 12, 2000.
On January 29, 2001, the City's Special Master reversed on procedural grounds the Historic
Preservation Board's actions of September 12, 2000, and accordingly, by operation of law, the
revocable permit issued under Resolution No. 2000-24103 was repealed and nullified by Resolution
2001-24397 adopted on May 16, 2001. Accordingly, an October 9, 2001 Historic Preservation Board
Meeting was held to again consider the request for a "Certificate of Appropriateness" in order to
maintain the subject alterations on the public right-of-way. The Historic Preservation Board issued
its order on October 22,2001 (attached hereto), approving with conditions the application for the
Certificate of Appropriateness. The Swedoes appealed this Order and on March 7, 2002 the
Special Master denied the appeal and affirmed the order of the Historic Preservation Board.
The City Attomey and Administration are requesting to schedule a public hearing to review the
outstanding revocable permit request for the street-end at 78th Street.
CONCLUSION:
The Administration recommends to set a public hearing on the May 8, 2002, Commission meeting,
to consider the revocable permit application of the Swedroes for the use of the 78th Street right-of-
way.
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