Resolution 2018-30562 RESOLUTION NO. 2018-30562
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING, APPROVING A REVOCABLE PERMIT FOR 1681
WEST VENTURES, LLC & 1698 ALTON ROAD VENTURES, LLC, FOR
THE BUILDING LOCATED AT 1681 - 1683 WEST AVENUE, AND 1698
ALTON ROAD, IN ORDER TO ALLOW THE INSTALLATION OF A 2ND
LEVEL CANOPY ALONG 17TH STREET AND WEST AVENUE ON THE
FACADE ALONG 1698 ALTON ROAD, WHICH CANOPY SHALL
PROJECT APPROXIMATELY 3'-10" OVER THE PUBLIC RIGHT-OF-
WAY (17TH STREET AND WEST AVENUE); AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE REVOCABLE PERMIT.
WHEREAS, 1681 West Ventures LLC & 1698 Ventures LLC., (Applicant) are the owner
of the building, located at 1681-1683 West Avenue, and 1698 Alton Road, andar requesting a
revocable permit to allow the installation of a 2nd level canopy along 17th reet and West
Avenue, on the facade facing 1698 Alton Road, which canopy shall project approximately three
feet 10 inches 3' - 10" over the public right-of-way, and approximately 12' above grade; and
WHEREAS, the designed canopy, encroaches into the public rights-of-way, which
require a revocable permit; and
WHEREAS, pursuant to Section 82-93(a) of the City Code, on September 12, 2018, the
City Commission scheduled a public hearing for October 17, 2018, to consider the request for a
revocable permit; and
WHEREAS, pursuant to Section 82-94 of the City Code, the City Commission shall
review the revocable permit request and determine whether the request shall be granted or
denied based upon the following criteria:
(1) That the applicant's need is substantial.
(2) That the applicant holds title to an abutting property.
(3) That the proposed improvements comply with applicable codes, ordinances,
regulations, neighborhood plans and laws.
(4) That the grant of such application will have no adverse effect on governmental/utility
easements and uses on the property.
(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 building involved and 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
b. 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.
(6) That granting the revocable permit requested will not confer on the applicant any
special privilege that is denied by this article to other owner of land, structures or
buildings subject to similar conditions located in the same zoning district.
(7) That granting the revocable permit will be in harmony with the general intent and
purpose of this article, 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; and
WHEREAS, the Mayor and City Commission, based upon the recommendation and
analysis completed by the Public Works Department, find that the criteria of Section 82-94, of
the City Code, as contained in the cover memorandum to this Resolution, which findings are
incorporated by reference herein, have been complied with, and the revocable permit request
should be granted.
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, hereby approve a revocable permit for 1681 West Ventures, LLC &
1698 Alton Road Ventures, LLC, for the building located at 1681 - 1683 West Avenue, and 1698
Alton Road, in order to allow the installation of a 2nd level canopy along 17th street and West
Avenue on the facade along 1698 Alton Road, which canopy shall project approximately 3'-10"
over the public right-of-way (17th street and West Avenue); and authorize the Mayor And City
Clerk to execute the revocable permit.
PASSED and ADOPTED this 17th day of October, 2018.
ATTEST:
Dan Gelber, Mayor
C ty lark
Rata I ranado, C ty lerk ", rh
Ox."'B&-.(7 APPROVED AS TO
T:V.GENDA@018\10 October\Public Wo 1 $ in docx FORM & LANGUAGE
- �a 9 & FOR EXECUTION
* .II CORP'
CRATED! c2Lns5 �, to-i -'2
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��4 �� City Attorney A DMa
Resolutions - R7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
2:30 p.m. Public Hearing
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING,
APPROVING A REVOCABLE PERMIT FOR 1681 WEST VENTURES, LLC & 1698
ALTON ROAD VENTURES, LLC, FOR THE BUILDING LOCATED AT 1681 - 1683
WEST AVENUE, AND 1698 ALTON ROAD, IN ORDER TO ALLOW THE
INSTALLATION OF A 2ND LEVEL CANOPY ALONG 17TH STREET AND WEST
AVENUE ON THE FACADE ALONG 1698 ALTON ROAD, WHICH CANOPY SHALL
PROJECT APPROXIMATELY 3'-10" OVER THE PUBLIC RIGHT-OF-WAY (17TH
STREET AND WEST AVENUE); AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE REVOCABLE PERMIT.
RECOMMENDATION
The Administration recommends approving the Resolution on Second Reading Public Hearing.
ANALYSIS
1681 West Ventures LLC & 1698 Ventures LLC., (Applicant)are the owner of the building, located at
1681-1683 West Avenue, and 1698 Alton Road, and are requesting a revocable permit to allow the
installation of a 2nd level canopy along 17th Street and West Avenue on the facade of 1698 Alton
Road, which canopy shall project approximately three feet 10 inches (3'- 10") over the public right-of-
way, and approximately twelve feet (12' — 0") above grade, which request for a revocable permit is
consistent with the criteria contained in Section 82-94, of the City Code.
On May 3, 2016, the Design Review Board (DRB) approved a project for a five-story mixed use
building, including variances, pursuant to DRB File No. 23214. An application was approved by the
Planning Board on May 24, 2016 for new construction greater than 50,000 square feet in the CD-2
zoning district. On February 6, 2017, pursuant to DRB16-0089, the DRB approved design changes
including modifications to previously approved variances and granted a new variance for interior drive
aisle width. On March 6, 2018, pursuant to DRB File No. 17-0207, the DRB approved the installation
of a super graphic on the south elevation. The requested sign variances were withdrawn. The
designed canopy, encroaches into the public rights-of-way, which requires a revocable permit.
Pursuant to Section 82-93(a), of the City Code, on September 12, 2018, the City Commission
scheduled the public hearing for October 17, 2018, to consider the request for a revocable permit
and, additionally, in accordance with Section 82-93(b), of the City Code, to mail notice of the public
hearing to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the
public hearing.
Page 867 of 1637
Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit
request and determine whether the request shall be granted or denied based upon the following
criteria:
(1)That the applicant's need is substantial.
The Applicant respectfully requests that a revocable permit in order to comply with the approved
plans. Additionally, the proposed facade and canopy encroachment will support the intended design
and aesthetics of the new building.
(2) That the applicant holds title to an abutting property.
The Applicant owns the Property.
(3) That the proposed improvements comply with applicable codes, ordinances, regulations,
neighborhood plans and laws.
The proposed facade and canopy will comply with applicable codes, ordinances, regulations,
neighborhood plans and laws, as evidenced by the Board approvals. The Applicant has requested a
revocable permit to ensure that the encroachment of the facade and canopy complies with the
applicable regulations.
(4) That the grant of such application will have no adverse effect on governmental/utility easements
and uses on the property.
The grant of the revocable permit will allow the Applicant to improve the Property with the approved
design. The encroachments will be installed at an approximate height, allowing for a minimum
clearance of 12' — 0", which permits free pedestrian passage below the overhang and does not
obstruct the right-of-way. The encroachment will have no adverse effect on governmental/utility
easements and uses on the Property.
(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 building
involved and 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
b. 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.
The proposed encroachment will allow for the redevelopment of the Property as approved by the
DRB and PB. The approved development will make better use of the Property by providing for
needed retail use in the area and improving the pedestrian experience of the neighborhood.
(6) That granting the revocable permit requested will not confer on the applicant any special privilege
that is denied by this article to other owner of land, structures or buildings subject to similar conditions
located in the same zoning district.
Page 868 of 1637
Granting the revocable permit will not confer any special privilege upon the Applicant. My property
owner within the City of Miami Beach can apply for a revocable permit provided that the application
meets the criteria stated in the Code, does not interfere with the utilization of public property, and
enhances the community.
(7) That granting the revocable permit will be in harmony with the general intent and purpose of this
article, 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.
Granting the revocable permit will not devalue any of the adjacent properties and will not have a
detrimental effect on the public welfare. In actuality it will allow for an improved design upon the
Property and an enhanced pedestrian experience in the neighborhood.
CONCLUSION
The Administration recommends approving the Resolution on Second Reading Public Hearing.
Leaislative Tracking
Public Works
ATTACHMENTS:
Description
o Revocable Permit Application
o Letter of Intent
o Topographic Survey
o Canopy Detail& Rendering
o Elevation #1
o Building Elevations
o Mon Road Elevation
o 17th Street Elevation
o West Avenue Elevation
o FINAL FORM APPROVED RESO
Page 869 of 1637
' I
6. i CITY OF MIAMI BEACH
APPLICATION FOR REVOCABLE PERMIT
FILE NO:
DATE:
• 1681 West Ventures LLC & 1698 Ventures LLC
1 . NAME OF APPLICANT:
2. APPLICANTS ADDRESS:
19501 Biscayne Blvd, Suite 400, Aventura, Fl 33180
3. APPLICANTS BUSINESS TELEPHONE: 305-682-4260
RESIDENCE TELEPHONE :
4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY:
5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANTS PROPERTY ABUTTING SUBJECT CITY
PROPERTY:
PARCEL 1:1698 Alton Rd, Miami Beach,Fl,33139-Lots 9 and 10,Block 40,of FIRST ADDITION TO COMMERCIAL SUBDIVISION,
according to the Plat thereof,recorded in Plat Book 6,Page 30,of the Public Records of Miami-Dade County, Florida.
PARCEL 2:1681-1683 West Ave,Miami Beach,FL,33139 Lots 12,13 and 14,inclusive,Block 40,ALTON BEACH REALTY COMPANY
SUBDIVISION,according to the Nat thereof,as recorded Plat Book 6,Page 165,of the Public Records
of Miami-Dade County,Florida
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:
This revocable permit application is for the 2nd levet canopy that is extending 3'-10" over the sidewalk+5712'above the
ground level and Is to be part of a new development
Page 870 of 1637
ARTICLE III. USE OF PUBLIC PROPERTY
DIVISION 1. GENERALLY
Secs. 82-71.82-90. Reserved.
DIVISION 2. REVOCABLE PERMIT
Sec. 82-91. Definitions.
•
The following words, terms and phrases, when used in this division, shall have the .
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Property, city property means any land, water or air rights owned or maintained by the
city.
Revocable permit means permission granted in writing for any use of real property owned
or maintained by the city or in which the city holds an interest, by a person or entity, establishing
conditions for such use, providing for revocation by the city and establishing requirements for
return of the property upon termination/revocation.
(Ord. Na. 97-2855, § 1(33-1), 6-30-93) _ - -- - -- - _ - - -
Cross reference(s)-Definitions generally, § 1-2.
Sec, 82-92. Application requirements.
Applicants for revocable permits shall submit the following application requirements prior
to city commission consideration of the request:
(1) A completed application obtained from the city's public works department and
approved by the city attorney's office.
(2) A title binder or title commitment or attorney's title opinion regarding title to the
subject city property and to the applicant's property abutting the subject city
property as required by the city attorney.
(3) A statement explaining the reason for the applicant's request and showing the
need for a revocable permit in connection with use of the applicant's property
and/or for purposes of preservation or protection of life, limb or property. _---
(4) A topographic survey by a registered surveyor showing existing conditions and a
drawing done to scale depicting the public property that is the subject of the
request and the improvements proposed by the applicant and indicating the exact
dimensions of the improvements and materials from which the improvements will
be constructed.
(5) A map of the subject area showing the subject properly highlighted and indicating
all properties within a 375-foot radius of the subject property.
(6) A list (on gummed labels suitable for mailing) of names and addresses of all
property owners of land located within 375 feet of the exterior boundary of the
Page 871 of 1637
(1) That the applicant's need is substantial.
(2) Thal the applicant holds title to an abutting property.
(3) That the proposed improvements comply with applicable codes, ordinances,
regulations, neighborhood plans and laws.
•
(4) That the grant of such application will have no adverse effect on
governmental/utility easements and uses on the properly.
(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
building involved and 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
b. 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.
(6) That granting the revocable permit requested will not confer on the applicant any
special privilegelhat_is-denied by-1hi$-article-to-other-ownerrofiand, structures or
buildings subject to similar conditions located in the same zoning district.
(7) That granting the revocable permit will be in harmony with the general intent and
purpose of this article, 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 desired a
precedent for the grant of any other revocable permit
(Ord. No. 93-2855, § 1(33-4), 6-30-93; Ord. No. 95-3028, § 1(33-4), 12-20-95)
Sec. 82-95. Conditions, termination/revocation of revocable permits.
(a) Each revocable permit shall state conditions for its issuance,including but not limited to: •
(1) Use the permitlee shall be permitted to make of the premises.
(2) The nature of the improvements permitted.
(3) Requirements for maintenance of the premises by the permittee.
(4) Requirements for indemnification of the city by the permittee and insurance as
approved by the city's risk manager, including submission annually of proof of
Page 872 of 1637
CITY OF MIA'9C BEACH CODE, APPENDIX A
Chapter 82.Public
Property
Article II Use of Public
Property
Division 2.Revocable
Penni,
82-02(9) Application fee._ 1,000.00
Mailing fee,per address 0.50
within 375 feet of subject
properly....
Involving use of city 3,000.00
• properly._
82.95(b) Nonwaterfront properly for 0.45
single-family use,per
square foot subject to
permit....
Maximum.... 7,500.00
Nonwalefronl properly for 0.90
multifamily or commercial
use,per square fool subject
le permit....
Waterlronl properly, 1.25 - -
regardless of use,per square
foot subject to the permit....
Article IV.Use in Public
Rightsof.Way
Division 2. Temporary
Obstructions
132-151(c)(4) Base fee.... 30,00
Plus,per lineal fool of street 0.25
obstructed_..
82-151(e) Applications for bearing.... 75.00
Division 3.Newsrecks
Subdivision Ii.
Administration and
Enforcement
82-204(a)(1) Release of stored 25.00
news reck....
82-204(6)(2) Upon filing of a request for 25.00
hearing....
82-204(6) Rolnspeclion fee.... 7.80
Subdivision lil.Registration
82-231(b)(3)a. Per publisher,for any 7.68
Page 873 of 1637
FILE NO. I
•
THE SUBJECT PROPERTY IS AT THE FOLLOWING STREETADDRESS:
, MIAMI BEACH, FL.
INSlR� TIC ONS,
.COMPLETE O WNERAFFIDAVIT 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, ,being first duly sworn,depose and say that l am the owner of the
properly described herein and which Is the subject matter of the proposed hearing; that lal the answers to the questions in
this application and all supplemental data attached to and made a part of the application are honest and Irue to the best of my
knowledge and belief.
•
SIGNATURE
sworn Io and subscribed to before me
this day of , 19
NOTARY PUBLIC
Commission Expires:
�1y' (� OORPORATIO.N.AFFIDAVIT
I' �4" ,being duly sworn,depose and say that we are
the Presi enWice President,and Socrelary/Asst. Secretary of the aforesaid corppyratipn,and as suoh`baveoeanaulhorized -
by the-corporation-to-file-this—spat—Star public hearing; that - swers Io the questions in said application and all
supplemental data attached to and made a pan of this application a - •at and true to the best of our knowledge and belief;
that said corporation is the owner of the property described here hich is the subject matter of the proposed hearing.
isk•Wkc. JORGE ISAlAS DIA2 Aa s �.-. •�1.nP ... SIGNATURE(CORP.SEAL}
MY COMMISSION F FF45092? `„r,
EXPIRES Jenaay 14.m24 ATTEST: j _ `.e
Iwriilaa•.ea inorr.Aw++•ems 9CORC Y'0 SIGNATURE)
Sworn to and subscribed to before m$$ (/.2�'f-N2SS
this Z day of �NJAPrir Qte
a NOTARY PUBLIC
Commission Expires; t — 14 -20
OWNER/POWFR OF ATTORNFY AFFIDAVIT
I' ,being duly sworn,depose end say that I am owner of the
described real property and that I am aware to the nature and effect of the request for this revocable permit,relative to my
properly,which is hereby made by me or I am hereby authorized — '
to be my legal representative before the City Commission.
•
Sworn to and subscribed to before me OWNER'S SIGNATURE ^
this day of 19_
NOTARY PUBLIC
Commission Expires:
Page 874 of 1637
To Whom It May Concern:
This statement is in regard to the request for a revocable right of way permit for the project
located at 1681-1683 West Ave&1698 Alton Rd in Miami Beach.
A revocable ROW permit is required to allow the canopy that is located on the outside of the
building and+/- 12' above the sidewalk to extend into the public right of way.The Canopy will
not block traffic and would allow protection for pedestrian from rain as well as have an overall
better experience from design and functionally.
The project has also been approved by the Planning Board, Design Review Board and has a
master permit issued under permit number_BC1602075
In this package you will find the below items as requested:
(1)A completed application obtained from the city's public works department and approved by
the city attorney's office.
(2)A title binder or title commitment or attorneys title opinion regarding title to the subject
city property and to the applicant's property abutting the subject city property as required by
the city attorney.
(3)A statement explaining the reason for the applicant's request and showing the need for a
revocable permit in connection with use of the applicant's property and/or for purposes of
preservation or protection of life, limb or property.
(4)A topographic survey by a registered surveyor showing existing conditions and a drawing
done to scale depicting the public property that is the subject of the request and the
improvements proposed by the applicant and indicating the exact dimensions of the
improvements and materials from which the improvements will be constructed.
(5)A map of the subject area showing the subject property highlighted and indicating all
properties within a 375-foot radius of the subject property.
(6)A list(on gummed labels suitable for mailing)of names and addresses of all property owners
of land located within 375 feet of the exterior boundary of the subject property and a list
containing the legal description of land owned by each property owner within the 375-foot
radius.
(7)A certified letter stating that the ownership list map and mailing labels are a complete and
accurate representation of the real property and owners within a 375-foot radius of the subject
property and stating the source of the information.
(8)A topographic survey of the applicant's property by a registered surveyor.
19)A nonrefundable application fee and a mailing fee in the amount specified in appendix A.
•
Sincerely,
Rock Soffer
Administrative Manager
1681 West Ventures&
1698 Alton Rd Ventures
Page 875 of 1637
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