C7R-Set Public Hearing - Grant Revocable Permit To ASR Berwick Family LTDCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Setting A Public Hearing For The January 11, 2012 City Commission Meeting, To Consider
Setting A Public Hearing For The January 11, 2012 City Commission Meeting, To Consider Granting An
After-The-Fact Revocable Permit To ASR Berwick Family Ltd. Partners, As Owner Of The Commercial
Property Located At 335 W. 4ih Street, To Retain A/C Units, Utility Room, And Trash Enclosure, Currently
Placed Within The Public City Right Of Way On West 47 1h Court
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Rights-of-Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the City Commission schedule a public hearing?
Item Summary/Recommendation:
The Berwick Building, which is located at 335 W. 4710 Street, abuts W. 47'r Court on the north and west
sides of the property. This two-story commercial building was constructed in 1930 with zero lot lines on the
north, west, and south sides.
On the north side of the property, there are currently ten ( 1 0) air conditioning units mounted on concrete
pads that approximately five (5) feet into the right of way. Further, there is a one-story utility room and
wooden trash enclosure that extend nine (9) feet into the right of way. The area of all the encroachments
totals 878 square feet.
The criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82 -84, to allow a
modest encroachment over the City's right-of-way to create a sense of place and identity as well as
provide shade to the property's prospective patrons. 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.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount
Funds: 1
I I 2
OBPI Total N/A
Financial Impact Summary: N/A
Cit Clerk's Office Le islative Trackin :
Si n-Offs:
Department Director
FHB
MIAMI BEACH 289
Account
N/A
City Manager
AGENDA ITEM _C_7~f<._;___
DATE I 2.-1 C[-I I
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 14, 2011
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE
JANUARY 11, 2012 CITY COMMISSION MEETING, TO CONSIDER
GRANTING AN AFTER-THE-FACT REVOCABLE PERMIT TO ASR
BERWICK FAMILY L TO. PARTNERS, AS OWNER OF THE COMMERCIAL
PROPERTY LOCATED AT 335 W. 47TH STREET, TO RETAIN A/C UNITS,
UTILITY ROOM, AND TRASH ENCLOSURE, CURRENTLY PLACED
WITHIN THE PUBLIC CITY RIGHT OF WAY ON WEST 47th COURT.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution.
BACKGROUND
The Berwick Building, which is located at 335 W. 47'h Street, abuts W. 47'h Court on the north
and west sides of the property. This two-story commercial building was constructed in 1930 with
zero lot lines on the north, west, and south sides.
On the north side of the property, there are approximately ten air conditioning units mounted on
concrete pads that extend not more than five feet into the right of way. Further, there is a one-
story utility room and wooden trash enclosure that extend several feet into the right of way. The
area of all the encroachments totals 878 square feet (Attachment A).
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. The applicant's need for the permit is substantial. The existing building was
constructed at the property line over 80 years ago. Accordingly, minimal encroachment onto
the abutting right of way is necessary to locate the required utilities. The applicant has also
provided an opinion from a registered architect stating that the existing roof is not capable of
sustaining the loading from this equipment (Attachment B).
290
City Commission Memorandum-335 W. 4Th Street
December14, 2011
Page 2of3
2) That the applicant holds the title to an abutting property.
Satisfied. The applicant is the Fee Simple Owner of the property located at 335 W. 47th
Street.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The applicant 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 have been in place for a number of years without impact on
government use of W. 47th Court. Further, the area is built out. Therefore, there is no need at
this time for additional utilities.
5) Alternatively:
a. That an unnecessary hardship exits 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 such amenities as, for example, enhanced landscaping, improved
drainage, improved lighting and improved security.
Subsection a. Satisfied. The construction of the building in 1930 with zero lot lines on
three sides creates a special hardship requiring the mechanical equipment and
portions of the utility room and dumpster enclosure to encroach into the right of way.
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 owner, especially those with a small lot, with an existing or proposed
building placed at or near streets may request a revocable permit. Therefore, granting the
permit will not confer any special privilege on the applicant that would otherwise be denied to
others similarly situated.
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article Ill 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 applicant is seeking to preserve the existing encroachments that do not
impede use of W. 4ih Court, have not been injurious to surrounding properties, and have not
been detrimental to the public welfare.
The analysis above shows that the criteria for a revocable permit are satisfied, per Miami Beach
City Code Section 82 -84, to allow existing encroachments into the City's right-of-way to
remain. 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
291
City Commission Memorandum-335 W. 4Th Street
December14, 2011
Page 3 of3
provide the applicant with a reasonable use of the property.
CONCLUSION
The Administration recommends that the City Commission set a public hearing at the January
11, 2012 City Commission meeting to consider a revocable permit for the property located at
335 W. 47th Street for the mechanical equipment, utility room, and trash enclosure that are
within the public right of way on W. 4ih Court.
Attachments:
A -Sketch and Legal description of the encroachments
B -Architect's professional opinion on roof capacity
DRB/FHB/RWS
T:\AGENDA\2011\12-14-11\Revocable Permit 335 47th St Memo.docx
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ATI'ACHMENT A
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NE CORNER OF THE S )2 OF
THE SE /4 OF THE NE Y. OF
FRACTIONAL SEC. 22-53-42
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N88'20'00"E g
11..66' ;:;t
NORTH L NE OF LOT 11
P.B. 7, PG. 17
R=30.00' jw o
L=22.88' 8 ;... L z
Tan=12.03' i::>J ll.=43'41'41" ;,<'" ;oi N88'20'00"E
CB=N66'29'09"E PORTION o 1.50'
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LOTS .lfl g
P.O.B. m
LOT 11 LOT 10 LOT9 LOT 8 LOT 7 "' LOT 6
EAST jNE OF LOT 7 , ~
\ ~ NB '20'00"E 219.80'
\ ,c; P P.B.27,PG.17~ ,;:f
:!Be PY \ z
~ NOR~H LINE OF WEST 47TH STREET
LEGAL DESCRIPTION FOR EASEMENT
A PORTION OF W 47th COURT AND TRACT B, OF "AMENDED PLAT OF LOT 13, BLOCK 32, LAKEVIEW SUBDIVISION",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 47 AT PAGE 105 OF THE PUBLIC RECORDS OF
MIAM!·DADE COUNTY, FLORIDA, ALL LYING AND BEING IN THE CITY OF MIAMI BEACH, M!~MI-DADE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: '
N88'20'00"E
4.50'
COMMENCE AT THE NE CORNER OF THE S )2 OF THESE /4 OF THE NE ./'4 OF FRACTIONAL SECTION 22, TOWNSHIP 53
SOUTH, RANGE 42 EAST, AS SHOWN ON "PLAT OF LOT 13, BLOCK 32, LAKEVIEW SUBDIVISION", RECORDED IN PLAT
BOOK 27 AT PAGE 17 OF THE PUBLJC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN NORTH 1•38'00"
WEST FOR 70.00 FEET TO THE NORTH LINE OF WEST 47th STREET; THENCE CONTINUE NORTH 88.20'00" EAST, ALONG
THE NORTH LINE OF WEST 47th STREET A DISTANCE OF 219.80 TO A POINT, SAID POINT BEING THE INTERSECTION OF
THE LAST MENTIONED COURSE WITH THE EAST LINE OF LOT 7 AS SHOWN ON "PLAT OF LOT 13, BLOCK 32, LAKEVIEW
SUBDIVISION", RECORDED IN PLAT BOOK 27 AT PAGE 17 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
THENCE NORTH 88.20'00" EAST FOR A DISTANCE OF 4.50 FEET; THENCE NORTH 01'40'00" WEST FOR A DISTANCE OF
49.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; THENCE CONTINUE NORTH 88.20'00"
EAST FOR A DISTANCE OF 1.50 FEET; THENCE NORTH 01.40'00" WEST FOR A DISTANCE OF 28.81 FEET; THENCE NORTH
88.20'00" EAST FOR A DISTANCE OF 16.65 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 21.48 FEET, TO WHICH BEGINNING OF CURVE A RADIAL BEARS SOUTH 68'17'49" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF so•OO'OO", AN ARC DISTANCE OF 22.49 FEET;
THENCE CONTINUE SOUTH 88'20'00" WEST FOR A DISTANCE OF 112.12 FEET; THENCE SOUTH 01 '40'00 EAST FOR A
DISTANCE OF 5.00 FEET TO A POINT ON THE NORTH LINE OF LOT 11 AS SHOWN ON "PLAT OF LOT 13, BLOCK 32,
LAKEVIEW SUBDIVISION", RECORDED IN PLAT BOOK 27 AT PAGE 17 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; THENCE CONTINUE NORTH 88'20'00" EAST FOR A DISTANCE OF 112.12 FEET TO A TANGENT CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 43'41'41", AN ARC DISTANCE OF 22.88 FEET; THENCE CONTINUE NORTH 88'20'00"
EAST FORA DISTANCE OF 11.66 FEET; THENCE SOUTH 01'40'00" EAST FORA DISTANCE OF 19.31 FEET TO THE POINT
OF BEGINNING, OF THE EASEMENT HEREIN DESCRIBED CONTAINING 878 SQ. FT. OR 0.02 ACRES MORE OR LESS.
SlJF.VEYOR'S NOTES:
Bearings hereon are referred to an assumed value ofN88°20'00" East for the North
Right-of-Way line of West 47th Street.
This is not a "Boundary Survey" but only a graphic depiction ofthe easement shown
hereon.
' EXHIBIT
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SINCE 1987 * B if I HEREBY CERTIFY That the survey represented Bu.Nco SuRVEYORs INc. i
thereon meets the minimum technical requirements
adopted by the STATE OF FLORIDA Board of Land Engineers • Land Surveyors • Planners • LB # 0007059 Surveyors pursuant to Section 472.027 Florida
Statutes. 555 NORTH SHORE DRIVE
There are no encroachments, overlaps, easements MIAMI BEACH, FL 33141 appearing on the plat or visible easements other than
(305) 865-1200 Email: blancosurveyorsinc@yahoo.com Fax: (305) 865-7810
"'howo horooo. A _e)~~
FLOOD ZONE: AE SUFFIX: L DATE: 9/11/09 BASE: 7'
PANEL: 0309 COMMUNITY# 120651
ADlS N. NUNEZ
REGISTERED LAND SURVEYOR PATE: ... !SCALE: DVVN. BY: IJO~ No 11-773 STATE OF FLORIDA #5924 11/21/11 1"= 11n~ IF. Blanco
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AT!'ACHMENT B
JSK ARCHITECTURAL GROlJJ>
al\:bi!octs • "oMtJuetipn milnAgtrs • i!llerior dcsigm:rn
AMOJHf? AR 016J$l CDt'OZ7671
November 25,2011
Mr. Fred Seckmann
Public Works Olrector
City ot Miami Beach -Public Works Department
1700 Convention center Drive
Miami Beach, FL 33139
Re.: Berv.1ck BuildJng-335 West 47 Street
ASR Berwick Fam!ly Limited Partnership
Dear Mr. Bec.l<ma:m
We have been retained to perfcrml an i11spectlcrn of the property located at tha above
referen<:ed address !o make an lnltlaf assessment of opportunities to relocate all of the
meH:tlanical equipn1enl currently located on the first flocr, along the north end of the
propert)'.
On November 23, 2011 we conducted such visual inspection and came up w!th the
following inftial conclusions:
Ttle building was bull! in 1930, and it consist of a first floor with commercial occupancies
and apartm~n! units on the second floor, the whole building is about 35'·0" high to the
roof parapet, !he roof structure oonsist of wood joists and Florida pine sheeting and it
stands at about 32' above street level.
The total number of mechanical units, as ref~renced a.bcve ancl currently looa!:ed M the
first floor is nine, (9) with the following break down: five, {5) large condensing units part
of air condttioning spli't systems feeding the commercial units on the flat fioor, th~. (3)
large compressor units feeding refrigeration equipment for the conservl!ltion of fooo, aJso
for the commercia! units on the llrsl floor and one, (1) fan coil terminal unii !ha! appears
to be part of a s~parate split arr oondJ!!oning system in the building.
ro the best .of our !ino•oVJedge and professional abilities: an Initial com;!usion is that, as
per current Fl.orida Building Code requimmenfS for wind solicrtatioos, the pre~nt age,
I 37 Oirulda A ""Jme, Coml Gables. FL 33 J:H Ph,: 3\l$448·1 <JS(> Pax, 7?5·206-1.1J9
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295
condition and structural systems of the huik:ling; it Wl:luld not be capabfa of absorbing the
reactions of uplift forces introduced as a result of refccation an of the des<:rtbect ·
equipment to the roof deck.
Should you have any question please do not hesitate to rontact us,
!37 G!ralda Avenue, C'!ml!Oabl~,FL, 33134 PI!,: 1054411• lilS6 Fll\: 715-2(l{i.2JJ9
!i:tF9~!(ij'ljllnudtii%'tlJral.tQ1lJ • :mYJY.l~lmrcl!i1~[ltrnl0'lOMf>.iipm
296
RESOLUTION TO BE SUBMITTED
297
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