Ordinance 95-3028 ORDINANCE NO. 95-3028
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 33, ENTITLED
'"REAL PROPERTY", AMENDING ARTICLE II, ENTITLED
'"REVOCABLE PERMITS", BY PROVIDING FOR
ADDITIONAL CRITERIA FOR THE GRANTING OR
DENYING OF REVOCABLE PERMITS; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission believe that private
persons and entities utilizing public property for private purposes
should meet certain strict criteria for the use of such property.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 33-4.
That Section 33-4 of Article II, entitled "Revocable Permits"
of Miami Beach City Code Chapter 33 , entitled "Real Property" is
hereby amended as follows:
Section 33-4. Criteria for granting/denying Revocable Permits
Revocable Permits shall be granted or denied based upon
existence of the following criteria:
(a) That the applicant' s need is substantial.
(b) Whether That the applicant holds title to an abutting
property.
(c) Potential effect(s) on persons having an interest in
. . . . ' . . ..- - , n - . - .
on the City.
(d) (c) Compliance of that the proposed improvements comply
with applicable codes, ordinances, regulations, neighborhood plans
and laws.
(e) (d) That the grant of such application will have no
adverse Egffect(s) on governmental/utility easements and uses on
the property.
(f) (e) Alternatively
(1) That an unnecessary hardship exists which 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 which exist and which were not
self-created and which are peculiar to the land, structures, or
building involved and which are not generally applicable to other
lands, 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, or
(2) That the grant of the revocable permit will enhance
the neighborhood and /or community by such amenities as, for
example, enhanced landscaping, improved drainage, improved
lighting, and improved security.
(f) That granting the revocable permit requested will not
confer on the applicant any special privilege that is denied by
this chapter to other owner of land, structures, or buildings which
are subject to similar conditions located in the same zoning
district.
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(g) That granting the revocable permit will be in harmony
with the general intent and purpose of this chapter, and that such
revocable permit will not be injurious to surrounding properties,
the neighborhood, or otherwise detrimental to the public welfare.
In order to grant a revocable permit, the City Commission must make
an affirmative finding with respect to each of the criteria set
forth above. These findings may be made by one motion addressed to
all findings or, at the request of any member of the Commission, a
finding or findings shall be considered separately. The findings
shall be made prior to the vote on the application. The revocable
permit application shall be considered as a whole unless any member
of the City Commission shall request that the application be
considered in parts, in which event the application shall be
considered in such parts as requested. In light of the particular
circumstances involved with each separate revocable permit request,
the grant of any revocable permit shall not constitute or be deemed
a precedent for the grant of any other revocable permit.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
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SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 30th day of
December , 1995.
PASSED and ADOPTED this 20th day I December 1995.
ATTEST: /Mk41_
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CITY CLERK
1st reading 12/6/95
2nd reading 12/20/95
FORM APPROVED
Legal ept.
By4
Date f 2-�f I/9 5-
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 9 1 Z-q 5
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: December 20, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: SECOND READ G AND PUBLIC HEARING- AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 33,
ENTITLED "REAL PROPERTY" AMENDING ARTICLE II, ENTITLED
"REVOCABLE PERMITS" , BY PROVIDING FOR ADDITIONAL
CRITERIA FOR THE GRANTING OR DENYING OF REVOCABLE
PERMITS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission adopt on second reading
the attached Ordinance modified since its first reading, amending Article II entitled "Revocable
Permits" of Miami Beach City Code Chapter 33, entitled "Real Property".
BACKGROUND
On June 30, 1993,the City Commission passed and adopted Ordinance No. 93-2855, amending the
City Code Chapter 33, and establishing procedures for granting revocable permits for use of City
owned property. In granting or denying the permit the Commission was to consider the need of
the applicant, whether the applicant owned abutting property, the potential effects on neighboring
properties, public welfare, economic impact on the City, compliance of the proposed
improvements with the existing ordinances, laws, rules and neighborhood plans, and the effect
on governmental/utility easement and uses. On several occasions these criteria were questioned
by a City Commissioner. In November 21, 1995, Commissioner Shapiro requested that hardship
criteria be included in the process of deciding whether to grant revocable permits.
AGENDA ITEM R
DATE Z-20-c` S
COMMISSION MEMORANDUM Page 2 December 20, 1995
The proposed Ordinance expands on the criteria for granting or denying a Revocable permit by
amending Section 33-4 of the City Code Chapter 33, Article II, entitled "Revocable Permits".
The Commission requested changes which are incorporated in the attached amended Ordinance
on December 6, 1995, during the first reading.
ANALYSIS
Attached is a table listing some of the Revocable Permits reviewed by the City Commission
during 1993 through 1995, the status of the permit and the intended use of the permitted premises.
CONCLUSION
It is recommended that the Mayor and the City Commission adopt the attached Amendment to
Article II entitled "Revocable Permits" of Miami Beach City Code Chapter 33, entitled "Real
Property", by establishing additional hardship criteria to be used in determining the granting or
denying of the Revocable Permits.
Attachment
JGP/JP/VOA/DR/vgk
c:wpwin60\wpdocs\commemo\revoc\revptam9.wpd
City of Miami Beach
List of Revocable Permits for the use of public right-of-way
submitted to and reviewed by the City Commission during 1993-1995
address/location of applicant/owner legal description of status of Use of permitted
property permittee applicant/owner's permit/date premises
property reviewed
1460 Ocean Drive, South Ocean Beach Lots 1 and 2 west of Granted Handicap access ramp
Properties Ocean Dr. Ext., Bik 77 June 15, 1994
Fishers First Sub. of
Alton Beach
3700 Prairie Avenue Robert Swedroe and Lot 1,Block 7 Mid Granted Driveway, parking
wife Rita Golf Sub. July 27, 1994 and landscaping
4595 N. Meridian Ave. Richard Pollak and Lot 5, Block 8 Nautilus Denied Pillasters with fence
wife Betty Addition of Miami Sep. 8, 1994 and paved parking
Beach Bayshore Co.
227 Biscayne Street Joe's Stone Crab Lots 11 through 17, Granted Entrance marquee
Inc. Block 10 Ocean Beach 9 - 8 - 1994 structure
Subdivision
901 Alton Road Interstock Lots 7 and 8, Block Granted with Drainage, seating
Development Corp. 123, Lenox Manor, PB amendment area, stair, ramp, wall,
7-15 10 -19 - 1994 landscaping and
lighting
1454 Alton Road N. S. Pallot et al Lots 5 and 6, Block 78, Granted Encroaching columns,
Polio Tropical Commercial 11-2-1994 landscaping and
Subdivision, access ramps
PB 6-5
427 Collins Avenue Ocean Washington Lot 13, Block 5, Ocean Granted Fence and gate with
Associates Ltd., Beach 12 - 7 - 1994 landscaping and
c/o Dacra Florida Subdivision, parking
Development Corp. PB 2-38
Page 1 of 2
Revocable permits-1993-1995
}
City of Miami Beach
List of Revocable Permits for the use of public right-of-way
submitted to and reviewed by the City Commission during 1993-1995
address/location of applicant/owner legal description of status of Use of permitted
property permittee applicant/owner's permit/date premises
property reviewed
741-749 Lincoln Road La Ramblas Portion of Lot 1, Block Granted Architectural metal
1655-1661 Meridian Associates, Ltd. 35, Golf Course 7-12-95 fins and canopy
Ave. do Dacra Subdivision, PB 6-26
Development Corp.
404 Washington 404 Investments Lots 3,4,5 Block 49, Granted with Trees, landscaping
Avenue Ltd. Ocean Beach Addition amendment with irrigation, grates
No. 3, PB 2-81 5-17-1995 and lighting
4201 Collins Avenue Agil Associates Lots 3,4, 7, 8 Block 37 Granted Concrete paver
c/o DCOM Ocean Front Property 9-27-1995 sidewalk, walkway
Development Corp. Subdivision of the and parking lane.
Miami Beach Improv't Landscaping,
Co., PB 5-7,8 irrigation and lights.
1688 West Avenue West Bay Plaza Inc. Lots Granted Trees irrigation and
Miami Beach,Fl., 6,7,8,9,12,13,N%214 9-27-1995 landscaping.
33139 part.l0,Block 41,
Belleview Sub., PB 6-
114
6595 PineTree Lane La Gorce Island Lot 6,Block 5 La Granted Post mounted security
Association Inc. Gorce Island, PB 44-56 9-27-1995 cameras on concrete
6595 Pine Tree Lane bases and electric
Miami Beach, Fl., conduits.
33141
Page 2 of 2
Revocable permits-1993-1995
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