R7A-Grant Revocable Permit To 1790 Alton Holdings LLCCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting And
Authorizing The Mayor And City Clerk To Execute A Revocable Permit To 1790 Alton Holdings LLC, As
Owner Of The Property Located At 1790 Alton Road, To Allow A Concrete "Eyebrow" To Extend Into The
Public Right-Of-Way On 181h Street And The Service Road Adjacent To Alton Road, With A Minimum
Height Of 14 Feet 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
Issue:
I Shall the City Commission grant the revocable permit?
Item Summary/Recommendation:
The property is a small triangular parcel located west of Alton Road between Dade Boulevard and 18m
Street. The owner is developing a new modern commercial building on this site.
The design of this building has incorporated concrete "eyebrow" as an architectural element. These
"eyebrows" extend 12 inches outside of the property line and are at a minimum of 14 feet above the public
sidewalk. Concrete "eyebrows" are signature architectural features commonly found on many buildings
throughout Miami Beach.
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.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
IN/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:
Assistant Ci
ORB
fa MIAMIBEACH 399
Account
N/A
AGENDA ITEM R 7 A
DATE Z-8-/k
,~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager " ~
DATE:
SUBJECT:
February 8, 2012 '6 v PUBLIC HEARING
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT TO 1790
ALTON HOLDINGS LLC, AS OWNER OF THE PROPERTY LOCATED AT
1790 ALTON ROAD, TO ALLOW A CONCRETE "EYEBROW" TO EXTEND
APPROXIMATELY TWELVE INCHES {12") INTO THE PUBLIC RIGHT-OF-
WAY ON 18TH STREET, AND THE SERVICE ROAD ADJACENT TO ALTON
ROAD, WITH A MINIMUM HEIGHT OF FOURTEEN {14) FEET ABOVE THE
SIDEWALK.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution.
BACKGROUND
The property is a small triangular parcel located west of Alton Road between Dade Boulevard
and 181h Street. The owner is developing a new modern commercial building on this site.
The design of this building will incorporate a concrete "eyebrow" as an architectural element.
These "eyebrows" will extend 12 inches outside of the property line and will be at a minimum of
14 feet above the public right-of-way (Attachment). Concrete "eyebrows" are signature
architectural features commonly found on many buildings throughout Miami Beach.
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 proposed building has been designed to express an architectural style that is
contextual with the existing architecture of Miami Beach. The use of "eyebrows" as an
architectural element will be incorporated into the design to express horizontality. The design
is in conformance with the Design Guidelines of the City of Miami Beach Planning & Zoning
Department.
400
City Commission Memorandum-1790 Alton Road
February 8, 2012
Page 2 of3
2) That the applicant holds the title to an abutting property.
Satisfied. A copy of the title has been submitted as part of this application, which indicates
the applicant holds title to this property.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The applicant will obtain all necessary building permits for the encroachments.
4) That the grant for such application will have no adverse effect on government/utility
easements and uses on the property.
Satisfied. The "eyebrows" will be placed at the height that will not impact vehicular access to
the property or use of the sidewalk.
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.
Satisfied. b: This property is currently an empty lot on an important intersection that is the
eastern entrance to a commercial district. This project is key to expressing an entrance by
activating the eastern boundary of this neighborhood and enhancing the urban fabric. In
addition, the proposed "eyebrow" encroachments will provide some protection to pedestrians
from the sun and rain.
6) That the granting of 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. Throughout the City's commercial district there are many examples of similar
conditions where concrete "eyebrows" on the front facades of the building extend over the
property line/public sidewalk. The applicant is not requesting consideration for anything that
has not been afforded to other commercial property owners on Miami Beach. Granting this
revocable permit will in no way impact access to or past the property.
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.
401
City Commission Memorandum-1790 Alton Road
February 8, 2012
Page 3 of3
Satisfied. The overhead "eyebrow" will be located at a minimum of 14 feet above the
sidewalk. These "eyebrows" will enhance the sidewalk by providing pedestrians some
protection against the sun and rain. The "eyebrows" will be high enough to avoid conflict with
vehicular traffic.
The analysis above shows that the criteria for a revocable permit are satisfied per Miami Beach
City Code Section 82-94, 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 provide the
applicant with a reasonable use of the property.
CONCLUSION
The Administration recommends granting and authorizing the Mayor can City Clerk to execute a
revocable permit to 1790 Alton Holdings LLC, as owner of the property located at 1790 Alton
Road, to allow a concrete "eyebrow" to extend into the public right of way on 18th Street and the
service road adjacent to Alton Road, with a minimum height of 14 feet above the sidewalk.
Attachment A: Sketch of the proposed encroachments
Attachment 8: Modani store front elevation
DRB/FHB/RWS
T:\AGENDA\2012\2-8-12\Revocable Permit 1790 Alton Road Memo.docx
402
RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT TO
1790 ALTON HOLDINGS LLC, AS OWNER OF THE PROPERTY
LOCATED AT 1790 ALTON ROAD, TO ALLOW A CONCRETE
"EYEBROW" TO EXTEND APPROXIMATELY TWELVE INCHES (12")
INTO THE PUBLIC RIGHT-OF-WAY ON 18TH STREET, AND THE
SERVICE ROAD ADJACENT TO ALTON ROAD, WITH A MINIMUM
HEIGHT OF FOURTEEN FEET (14') ABOVE THE SIDEWALK.
WHEREAS, 1790 Alton Holdings LLC (Applicant) is the owner of property located at 1790 Alton
Road (the Property); and
WHEREAS, the Applicant is developing a new commercial building on the Property, which is a
small triangular parcel located west of Alton Road, between Dade Boulevard and 18th Street; and
WHEREAS, the design of the building incorporates a concrete "eyebrow" as an architectural
element, which is a signature architectural feature commonly found on many buildings throughout Miami
Beach; and
WHEREAS, the aforestated "eyebrow" extends approximately twelve inches (12") into the
public right-of-way, on 18th street and the service road adjacent to Alton Road, with a minimum height
of fourteen feet (14') above the sidewalk; and
WHEREAS, Applicant is requesting a revocable permit from the City to construct and maintain
the encroachment on and over the public right-of-way; and
WHEREAS, the Public Works Department is in receipt of Applicant's completed application for
a revocable permit; and
WHEREAS, at its January 11, 2012 meeting, the City Commission set a public hearing for its
February 8, 2012 meeting to consider Applicant's request; and
WHEREAS, following such duly notified public hearing, the City Commission hereby finds that
Applicant has satisfied the City's criteria for granting revocable permits, as set forth in Section 82-94 of
the City Code.
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 grant and authorize the
Mayor and City Clerk to execute a revocable permit to 1790 Alton Holdings LLC, as owner of the property
located at 1790 Alton Road, to allow a concrete "eyebrow" to extend approximately twelve inches (12")
into the public right-of-way on 18th street, and the service road adjacent to Alton Road, with a minimum
height of fourteen feet (14') above the sidewalk.
PASSED AND ADOPTED this 8th day of February, 2012.
ATTEST:
Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor
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Attachment B
THE MIAMI 'HERALD I MiamiHerald.com
(9 MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held py the City Commission of the City of Miami Beach, in
the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
February 8, 2012 at 10:15 A.M., To Consider Granting A Revocable Permit To 1790 Alton Holdings LLC, As Owner Of
The Property Located At 1790 Alton Road, To Allow A Concrete "Eyebrow" To Extend Into The Public Right-Of-Way On .
18th Street And The Service Road Adjacent To Alton Road (And A Minimum Of 14 Feet Above The Sidewalk).
Inquiries may be directed to the Public Works Department at (305) 673-7080.
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, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall,
Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business
hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City·Hall, and Miami Beach, Florida 33139.
This meeting may be continued and Linder such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
decision made by. the City 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 vhallenges or appeals not otherwise
allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with·
di§;abilities,. and/or any accommodation to review any document or participate in any city-sponsored proceeding,
please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY users may
also call 711 (Florida Relay Service).
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