C7O-Set Public Hearing Grant Revocable Permit To Seville Acquisition LLCCondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A
Public Hearing For The September 12, 2012, City Commission Meeting, To Consider Granting A
Revocable Permit To Seville Acquisition, LLC, As The Owner Of The Property Located At 2901 Collins
Avenue, To Allow For Decorative Eyebrows To Extend 3 Feet Into And 35.45 Feet Radially Along The
Public Right-Of-Way Of 29th Street And To Extend 3 Feet Into And 354 Feet Along The Public Right-
Of-Way Of 30th Street.
Ke Intended Outcome Su orted:
Maintain Miami Beach public areas and Rights-of-Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
On May 10, 2011, the Historic Preservation Board (HPB) approved the substantial renovation and
restoration of the existing Seville Hotel located at 2901 Collins (Property). On June 14, 2011, the HPB
approved the site plan and landscaping for the Property.
The project plans approved by the HPB, at its regular meetings on May 10, 2011 and June 14, 2011
(pursuant to HPB File No. 7249) included the restoration of the existing "eyebrow" extending
horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of-way and the
reconstruction and extension of the existing "eyebrow" extending horizontally 3 feet into and 354 feet
along the 30th Street public right-of-way (Attachments A and B).
As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a
revocable permit for the construction and maintenance of the aforestated "eyebrows." Per City Code
Section 82-93, following submittal of the application for a Revocable Permit to the Public Works
Department, the City Administration shall review the request and prepare a recommendation, and the
City Commission should set a public hearing for consideration of the proposed revocable permit.
THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial Information:
Source of Amount
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office le islative Trackin
n-Offs:
Department Direct
MIAMI BEACH
Account
293
Approved
AGENDA ITEM_(!_· -~-t) __
DATE 7;/f., /2.,..
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
FROM: Kathie G. Brooks, Interim City Manager
DATE: July 18, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER 12,2012,
CITY COMMISSION MEETING, TO CONSIDER GRANTING A REVOCABLE PERMIT TO
SEVILLE ACQUISITION, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT
2901 COLLINS AVENUE, TO AllOW FOR DECORATIVE EYEBROWS TO EXTEND 3
FEET INTO AND 35.45 FEET RADIALLY ALONG THE PUBLIC RIGHT-OF-WAY OF
29TH STREET AND TO EXTEND 3 FEET INTO AND 354 FEET ALONG THE PUBLIC
RIGHT-OF-WAY OF 30TH STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the resolution setting a public
hearing to consider the revocable permit.
BACKGROUND
On May 10, 2011, the Historic Preservation Board (HPB) approved the substantial renovation and
restoration of the existing Seville Hotel located at 2901 Collins (Property). On June 14, 2011, the
HPB approved the site plan and landscaping for the Property. The approval included:
1. The demolition of the existing 2-story cabana wing at the southeast corner of the site
and its replacement with a new 5-story structure.
2. The demolition of the northwest corner of the existing Seville pedestal to construct a
new 18-story structure for additional hotel rooms and condominium units.
3. The substantial demolition and reconfiguration of the entire north pedestal portion of
the building for new uses, including parking, a ballroom, a nightclub, and an ice rink.
4. The reconfiguration of the majority of the site at the rear of the property with the
exception of the original pool, diving platform, and outdoor pavilion, which will be
retained.
The project plans approved by the HPB, at its regular meetings on May 10, 2011 and June 14, 2011
(pursuant to HPB File No.7249) included the restoration of the existing "eyebrow" extending
horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of-way and the
reconstruction and extension of the existing "eyebrow'' extending horizontally 3 feet into and 354 feet
along the 30th Street public right-of-way (Attachments A and B).
As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a
revocable permit for the construction and maintenance of the aforestated "eyebrows." Per City Code
294
City Commission Memorandum-2901 Collins Avenue Revocable Permit
July 18, 2012
Page 2 of3
Section 82-93, following submittal of the application for a Revocable Permit to the Public Works
Department, the City Administration shall review the request and prepare a recommendation, and
the City Commission should set a public hearing for consideration of the proposed revocable permit.
ANALYSIS
Pursuant to the criteria established under Section 82-94 of the City Code for the granting/denying of
revocable permits, the City has concluded the following:
1) That the Applicant's need is substantially satisfied.
Satisfied. The Applicant's need has been established by the adopted and City approved design.
2) That the Applicant holds title to an abutting property.
Satisfied. The Applicant is the Fee Simple Owner of the property located at 2901 Collins
Avenue.
3) That the proposed improvements comply with Applicable codes, ordinances, regulations, and
neighborhood plans and laws.
Satisfied. The Applicant has complied with all the regulatory requirements for design criteria.
4) That the grant of such application will have no adverse effect on government/utility easements
and uses of the property.
Satisfied. The architectural encroachments do not create a conflict with existing government
utilities and/or easements.
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 buildings in the same zoning district and the grant of
the application is the minimum that will allow reasonable use of the land, structure 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. Granting this permit may be considered a neighborhood-enhancing amenity,
since the "eyebrows" provide pedestrian and bicyclists with shade and protection from
rain.
6) That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied to other owners of land, structures or building subjected to similar
conditions.
Satisfied. Granting this permit will not provide special privileges to the applicant; any other
295
City Commission Memorandum-2901 Collins Avenue Revocable Permit
July 18, 2012
Page3 of3
property owner may also apply for a Revocable Permit provided they meet the applicable
criteria, do not interfere with the safe utilization of any public ROW, and provide a neighborhood
amenity such as pedestrian shade.
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 proposed eyebrows will not have an impact on surrounding properties, will not
devalue any adjacent properties, and will not have a detrimental effect to the public welfare.
The Administration's analysis above shows that the above criteria established under Section 82-94
of the City Code are satisfied. This application is also supported by the fact that the eyebrows are
part of the design that was approved by the HPB. The HPB considered the eyebrows to be part of
the best design solution for this project.
CONCLUSION
The Administration recommends that the City Commission adopt the attached resolution to schedule
a public hearing to consider approving the revocable permit.
Attachments:
A Sketch of encroachment on 29th Street
B. Sketch of encroachment on 30th Street
KGB/JGG/FH~
T:IAGENDA\2012\7-18-12\revocable permits\2901 Collins Avenue Revocable Permit-Memo.doc
296
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER
12, 2012, CITY COMMISSION MEETING, TO CONSIDER GRANTING A
REVOCABLE PERMIT TO SEVILLE ACQUISITION, LLC, AS THE OWNER OF
THE PROPERTY LOCATED AT 2901 COLLINS AVENUE, TO ALLOW FOR
DECORATIVE CONCRETE EYEBROWS TO EXTEND 3 FEET INTO AND 35.45
FEET ALONG THE PUBLIC RIGHT -OF-WAY ON 29TH STREET AND TO EXTEND
3 FEET INTO AND 354 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 30TH
STREET.
WHEREAS, Seville Acquisition, LLC (the Applicant) is the owner of the hotel property located
at 2901 Collins Avenue (the Property); and
WHEREAS, the Applicant is proposing to substantially renovate and restore the existing
Seville Hotel on the Property; and
WHEREAS, the project plan approved by the Historic Preservation Board (HPB) at its regular
meetings on May 10, 2011, and June 14, 2011, respectively (pursuant to HPB File No. 7249),
approved the project with concrete eyebrows extending into the 29th Street and 30th Street right-of-
ways; and
WHEREAS, on 29th Street, the proposed eyebrow extends horizontally 3 feet into and 35.45
feet along the public right-of-way; and
WHEREAS, on 30th Street, the proposed eyebrow extends horizontally 3 feet into and 354
feet along the public right-of-way; and ·
WHEREAS, the 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, accordingly, a public hearing must be set for the City
Commission to consider the request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby set a public
hearing for the September 12, 2012, City Commission Meeting, to consider granting a revocable
permit to Seville Acquisition, LLC, as the owner of the property located at 2901 Collins Avenue, to
allow for decorative concrete eyebrows to extend 3 feet into and 35.45 feet along the public right-of-
way on 29th Street and to extend 3 feet into and 354 feet along the public right-of-way on 30th street.
PASSED and ADOPTED this 18th day of July, 2012.
ATTEST:
Rafael Granado, City Clerk
Matti Herrera Bower, Mayor APPROVED AS TO
FORM & LANGUAGE
&FO ECUTION
'1 \1, \t'L
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Attachment A
SKETCH & LEGAL DESCRIPTION
BUILDING t:Ai::icMEN
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298
Attachment B
SKETCH .. & LEGA"L DESCRIPTION
BUILDING EASEMENT
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299
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