C7H-Set Public Hearing Revocable Permit Request By The Ungar-Marshall CompanyCondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A
Public Hearing To Consider A Revocable Permit Request By The Ungar-Marshall Company Retail
Project (Gap Store) Located At 1001 Lincoln Road Miami Beach Florida, To Permit A Proposed Metal
Canopy That Projects Over The Public Right-Of-Way, With Horizontal Dimensions Not To Exceed
Five Feet Eleven Inches (5'-11 ") Along Michigan Avenue And Six Feet (6'-00") Along Lincoln Road
Mall At Ten Feet Four Inches (10'-4") Above The Sidewalk, And A Proposed Concrete Eyebrow That
Projects Over The Public Right-Of-Way, With Horizontal Dimensions Not To Exceed 6 Feet (6'-00")
Along Lincoln Road And Michigan Avenue At A Height Of Approximately 30 Feet (30'-00") Above The
Sidewalk.
Ke Intended Outcome Su orted:
Maintain Miami Beach public areas and Rights-of-Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
On June 12, 20012, the Historic Preservation Board (HPB) granted a Certificate of Appropriateness
for the demolition and the design of a new retail structure at 1001 Lincoln Road. The new design is to
preserve the architectural theme of a Robert L. Weed design.
The project proposal approved by the HPB, at its regular meeting on June 12, 2012 (pursuant to HPB
File No.7316) included a metal canopy, 10'-4" above the sidewalk, and a concrete eyebrow, 30 feet
above the sidewalk, that extend up to 6 feet into the public right-of-way of Lincoln Road and Michigan
Avenue.
Ungar-Marshall Company, as the owner of the Property, has requested a revocable permit for the
construction and maintenance of the aforementioned canopy and eyebrow. 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
shall consider setting a public hearing for consideration of the proposed revocable permit.
THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION.
Board Recommendation:
Financial Information·
Source of Amount
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary:
Clerk's Office Le islative Trackin
n-Offs:
MIAMI BEACH 259
Account Approved
r
AGENDA ITEM C 7/f
DATE tj-/7-(,.l
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 Me
FROM: Jimmy L. Morales, City Manager
DATE: April17, 2013
SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SET lNG A PUBLIC HEARING TO CONSIDER A
REVOCABLE PERMIT REQUEST BY THE UNGAR-MARSHALL COMPANY
RETAIL PROJECT (GAP STORE) LOCATED AT 1001 LINCOLN ROAD MIAMI
BEACH FLORIDA, TO PERMIT A PROPOSED METAL CANOPY THAT PROJECTS
OVER THE PUBLIC RIGHT-OF-WAY, WITH HORIZONTAL DIMENSIONS NOT TO
EXCEED FIVE FEET ELEVEN INCHES (5'-11") ALONG MICHIGAN AVENUE AND
SIX FEET (6'-00") ALONG LINCOLN ROAD MALL AT TEN FEET FOUR INCHES
(10'-4") ABOVE THE SIDEWALK AND A PROPOSED CONCRETE EYEBROW
THAT PROJECTS OVER THE PUBLIC RIGHT-OF-WAY, WITH HORIZONTAL
DIMENSIONS NOT TO EXCEED 6 FEET (6'-00") ALONG LINCOLN ROAD AND
MICHIGAN AVENUE AT A HEIGHT OF APPROXIMATELY 30 FEET (30'-00")
ABOVE THE SIDEWALK.
ADMINISTRATION RECOMMENDATION
I
The Administration recommends that the City Commission adopt the resolution setting a public
hearing to consider the revocable permit.
BACKGROUND
The property is zoned CD-3 and is located on the northwest corner of Lincoln Road and
Michigan Avenue, within the Flamingo Park Local Historic District. The existing building on the
property was identified as a historic structure that once served as the location of the Community
Theater, as well as a later redesigned storefront by Robert L. Weed.
On June 12, 2012, the Historic Preservation Board (HPB) granted a Certificate of
Appropriateness for demolition of the existing structure and the proposed design of a new retail
structure. The new building will include a metal canopy, 10'-4" above the sidewalk, and a
concrete eyebrow, 30 feet above the sidewalk, to reflect the architectural theme of the Robert L.
Weed design.
As approved, the canopy and eyebrow will project over the sidewalk of the Lincoln Road Mall
and Michigan Avenue; thus, they will encroach into the City's right-of-way on the south and the
east facades of the property, following the property line. Over ten feet of clearance will be
maintained between the canopy and the sidewalk grade to allow unimpeded pedestrian traffic.
260
City Commission Memorandum -1001 Lincoln Road Revocable Permit
Apri/17, 2013
Page 2 of3
The canopy projection over the sidewalk will not exceed five feet eleven inches (5'-11") along
Michigan Avenue and six feet (6'-00") along Lincoln Road, while the eyebrow projection will be
six feet (Attachments A, B, C, and D). A total of approximately 1500 square feet of the right-of-
way will be encroached upon by the canopy and eyebrow.
Ungar-Marshall Company (Applicant), as the owner of the property, has requested a revocable
permit for the construction and maintenance of the aforementioned canopy and eyebrow. Per
City Code Section 82-93, following submittal of the application for a Revocable Permit to the
Public Works Department, the Administration shall review the request and prepare a
recommendation, and the Commission shall consider setting 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 substantial.
Satisfied. The Applicant's need has been established by the HPB approval of the design.
2) That the Applicant holds title to an abutting property.
Satisfied. The Applicant is the Owner of the property located at 1001 Lincoln Road.
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 encroachment (canopy and eyebrow) does 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.
261
City Commission Memorandum-1001 Lincoln Road Revocable Permit
April17, 2013
Page 3 of3
Satisfied. Granting this permit may be considered a neighborhood-enhancing
amenity since the canopy and eyebrow will provide pedestrians and bicyclists with
shade and protection from rain. This design has been the subject of extensive
discussion among neighbors, City officials, Planning staff, and the Miami Design
Preservation League and has been modified to incorporate input from stakeholders.
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
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 canopy and eyebrow 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
canopy and eyebrow to be part of the best design solution for this project and to be consistent
with preserving the architectural theme of a Robert L. Weed design.
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 and Legal Description
B. Letter of Intent
C. Revocable Permit Application
D. Elevation View and Roof Plan
JLM/JGG/ Jltt~EF
T:V\GENDA\2013V\pril17\1001 Lincoln Road Revocable Permit-Memo.docx
262
Attachment A
EXHIBIT"A"
LEGAL DESCRIPTION:
A portion of Lincoln Road and Michigan Avenue, lying directly adjacent to Lots 5 and 6, Block 38, COMMERCIAL
SUBDIVISION OF THE ALTON BEACH REALlY COMPANY, according to the Plat thereof, as recorded in Plat Book 6, at
Page 5, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows:
Begin at the Southwest corner of said Lot 6; thence N 89'59' 46" E along the South line of said Lot 6 for 55.02
feet to a point of curvature; thence Northeasterly along a 15.00 radius curve leading to the left through a central
angle of 89'59'02" for an arc distance of 23.56 feet to a point of tangency; thence N 00'00'44" E along the East
line of said Lot 6 for 134.90 feet to the Northeast corner of said Lot 6; thence S 89'57'21" E along the Easterly
projection of the North line of said Lot 6 for 5.92 feet; thence S 00'00' 44" W along a line 5.92 feet East of and
parallel with the East line of said Lot 6 for 134.90 feet to a point of curvature; thence Southwesterly along a
21.00 radius curve leading to the right through a central angle of 89'59'02" for an arc distance of 32.98 feet to
a point of tangency; thence S 89'59' 46" W along a line 6.00 feet South of and parallel with the South line of said
Lots 5 and 6 for 93.1 9 feet; thence N 00'00' 49" E for 6.00 feet; thence N 89'59' 46" E along the South line of
said Lot 5 for 38.25 feet to the Point of Beginning.
SURVEYOR'S NOTES:
This site lies in Section 34, Township 35 South, Range 42 East, City of Miami Beach, Miami-Dade County,
Florida.
Bearings hereon are referred to an assumed value of N 00'00'44" E for the West right-of-way line of
Michigan Avenue.
Lands shown hereon were not abstracted for easements and/ or rights-of-way of records.
This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2011-011A.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on October 19, 2012, and
meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
"Not valid without the signature and the original raised
seal of a Fl~nsed Surveyor and Mapper"
F07rfN, ~~VY, SKILES, INC., LB3653
~ ------~--~------------Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
---~~--.~ (LEGAL DESCRIPTION, NOTES & CERTIFICATIONJ!-=:.:__~..!..:!L~
Plotted: 10/19/12 8:35a
pORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street I North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com
2 3
1012-063
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PLATIBOOK 6 PAGE 5
LOT5
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LOT6
FORTIN, LEAVY, SKILES, INC.
DRAWING #2011-011A
GRAPHIC SCALE
( IN FEET )
1 inch = 30 tt.
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UNCOLN ROAD
60
LINCOLN
(100'WIDE PUBLIC RIGHTOFWAY)
(NO VEHICLE ACCESS)
(PEDESTRIAN WAL'rWVAY)
SKETCH OF DESCRIPTION
ORTIN, KILES,
"E
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast I 68th. Street I North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvey.com
264
EXHIBIT"A"
35.00'
RIGHT OF WAY
PLAT BOOK 6
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SIXTEENTH STREET
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street /North Miami Beach, Florida. 33162
Phone: 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvey.com
265
AUachmentB
ZONiNG, LAND USE AND ENVIRONMENTAL LAVV
DIRECT LINE: (305) 37Hl238
E-Mail: rnmarrero@brzoninglaw.com
Septer.aber10,2012
Beckmann,
Public Works Department
City of Miami Beach
1700 Convention Center Floor
Miar.ai Beach, 33139
Re: Application in Connection with the Property Located at
Dear Mr. Beckr.aann:
This law firm Ungar-Marshall Company ("Applicant"), owner of
1001 Lincoln Road (Property"). Exhibit A (Survey). Please consider letter the
Applicant's required letter conjunction with a revocable permit application
concerning the of an architectural element, an eyebrow, over the
way of the City of Miami Beach ("City"). See Exhibit B (Sketch and Legal Description of
Area of Encroachments).
Description of the Property and Surrounding Area. The Property is zoned CD~3
(Commercial, Intensity) and is located on the northwest corner of Lincoln Road
Michigan Avenue, within Flamingo Park Local Historic District existing
building on property was identified as a historic structure that once served as the
location of the Community Theater, as well as a later redesigned storefront by Robert
Weed. In June of 2012, the Historic Board granted a of
Appropriateness for demolition of the existing structure and design of a new retail
structure. The form and the articulation of the new building to recall elements of
Robert Weed design.
The new retail structure is designed as a volume, with large expanses of
light limestone, a floating roof canopy. The palette of materials bring
together modern finishes and technologies with materials that are reminiscent of those
that have always formed a part of the language Lincoln Road, as bronzed metals
and light limestone.
WACHOVIA FINANCIAl.. CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305,374.5300 • FAX. 305,3?7.6222 • WWW.BRZONINGL.AW.OOM
266
Beckmann, Director
September 10,2012
Page2 o£4
A sizable of stucco parapet that ran along the Road fa<;ade,
sweeping a wide curve to Michigan Avenue, to end a short beyond, is
reinterpreted as a stone feature, following location and scale original parapet,
but now also serving as a focus for the display. new eyebrow is also
situated to recall the height and position of the original eyebrow, but rather than being
painted stucco, the eyebrow now metal Therefore, the proposed design
reintroduces the important elements of the existing building. The result is a dynamic
curve that brings you to the corner of the building, but also keeps a of what
was
As approved, the Project contains an eyebrow
that minimally over sidewalk fronting Lincoln and Michigan Avenues. The
City of Beach owns these sidewalk areas. Therefore, the projection encroaches
into the above the City's rights-of-way. A fixed horizontal eyebrow is located
on the south and east facedes of the and curved to follow property line.
It is located over 10 feet above the As a result, of eyebrow
represents no impediment to the follow of pedestrians. eyebrow encompasses a
total area of 1,500 square feet the ROW. The architectural element will a critically
important feature of the storefront and will help reintroduce the historic portion
L. Weed's design.
The Applicant satisfies the criteria
for granting a revocable permit listed in the following subsections of the City of Miami
Beach Code ("Code") Section 82~94.
(1) Applicant's Need
The Applicant's need for the permit is substantial. The location of proposed
building, which will not set back from the property line, leaves no room for
architectural define the historic background of the area. Further, in
permitting of the historic Community Theatre building, the HPB
required expression of its architecture. The new eyebrow will reintroduce one
the primary elements of historic portion of the building to be demolished, '"'"'''-'H''""
to memory of Robert L. Weed's design.
(2) to an Abutting
Applicant holds title to Property located at 1001 Lincoln
:ZONING, LAND USe AND ENVIRONMENTAL LA'VV
267
Fred Beckmann, Director
September 10,2012
Page3of4
The Applicant will obtain any required building permits for the encroachments.
(4) Grant Effect on Governmental/
Utility na::;;emern:s.
The narrow eyebrow will not impact any governmental or
is elevated over 10 feet above ground level.
easements as it
(5) Alternatively: Exists
rll.i''"" .. ''Fo out of Special ...... ,, ............ «•L ....
........... ""' ......... Neighborhood.
Proposed design from Touzet Studio was a subject of
City Officials, Planning Miami Design
League. architectural elements of the proposed GAP store were carefully
revised .......... ,..,~'"'~'"~ to certainly enhance the F1arningo Park Historic District and the
neighborhood.
(6) Granting Permit Does Not
Any property owner, especially one with a building '"''"""'-'-'"" at zero lot lines may
request a revocable permit for use of the rights-of-way. Therefore, granting
not confer any special on Applicant would otherwise be
denied to similarly situated in same zoning district.
(7) Harmony Code and Not to
As stated above, architectural element satisfies all the Code
requirements. The eyebrow does not project significantly into right-of-way and will
not pedestrian access. Also, it does not project into the private
properties. For these reasons, granting the permit will achieve with Code,
not be injurious to surrounding properties and will not in any way detrimental to the
public welfare.
address the hardship caused by location of proposed building
and to satisfy the requirements of HPB approval, the Applicant has proposed
modest encroachments over the right-of-way. The request is in harmony with the
intent and purpose of the Code, not be injurious to the area involved or
otherwise detrimental to the public welfare. Moreover, the encroaching architectural
element will help and define the background of the area.
:ZONiNG, LAND USE ANO ENVIRONMENTAL. 1-AVV
268
Fred Beckmann, Director
September10,2012
Page 4 of 4
Based on all the above reasons, the Applicant respectfully requests your
favorable review and recommendation of this application. If you have any questions or
comments with regard to the application, please call me at (305) 377-6238.
Sincerely,
Michael J. Marrero
BERCOW RADELL & FERNANDEZ
ZONfNG, l-AND U$;6 AND E;NVtRC>NMENTAL LA\N
269
S BUSINESS TELEPHONE: c/o Mickev Marrero. 305.377.6238
4. ADDRESS LEGi\L DESCRIPTION CITY PROPERTY: See Exhibi11b
5. ADDRESS AND DESCRIPTION APPLICANT'S ABUTTING
SUBJECT CITY PROPERTY: ~23 Michigan Avenue. See Exhibit B (Survey).
6. A PUBLIC HELD REGARDING REQUEST?
FILENO. OF
7. BRIEFLY STATE REQlJEST FOR
REVOCABLE PERMIT: Applicant requests a revocable 12ermit to pennit a ])ronosed building to
con~1t.L.an architectural element in the fonn of an eyebrow, which projects over the sidewalk
fronting Lincoln Road and Michigan Ave .. The eyebrow is one of the required elements that
were essential to the Historic P~servation Board :apnrovaL See Letter of 1!1t~~t for more details.
8. DOES
THE
ADDRESS;
BUSINESS
THE
PROPERTY? YES
DESCRlBE THE OBJECTS/STRUCTURES:
270
STRUCTURES
~~--~--
ATTACHED FOR ITEMS TO BE
APPLICATION (SECTION 1
NO WORK SHOULD BE IN THE SUBJECT CITY PROPERTY UNTIL
A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION OBTAINED.
THE
OBTAIN THE
SUBJECT
APPLICABLE
CONTRACTOR
WORK ON THE
WITH THIS APPLICATION BECOMES
OF PUBLIC WORKS
271
FILE NO.----------
THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 1001 Lincoln Road, MIAMI
BEACH, FL.
OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT, AS APPLICABLE, IF YOU
ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS
COMPLETE THE LAST AFFIDAVIT.
I, being first du~y sworn, depose and say that I am the owner of the property
described herein and which is the subject matter of the proposed hearing: that all the answers to the
questions in this application and all supplemental data attached to and made a part of the application are
honest and true to the best of my knowledge and belief.
N/A
SIGNATURE
Sworn to and subscribed to before me
this day of ________ . N/A
NOTARY PUBLIC
-=~~~~--=----~· being duly sworn, depose and say that I am the Vi
as such, have been authorized by the corporation to
for he questions in nd all supplemental data attached
to and made a part of this appllcation are honest and best of our knowledge and belief; that
corporation is the owner of the property described herein and which i · ect matter of the
proposed hearing.
GENERAL
Sworn lo and subscribed to before me
this t1 day
PUBLIC
I, being duly sworn, and say that I am the -"--'-"'-"'---~==:.-=
Ungar-Marshall Comp<IDY, which is the owner of the described real property and that I am aware of the
nature and effect of the request for this revocable permit, relative to my property, which is hereby made
by me or I am hereby authorized Michael W Larli!n, Esq. I Michael J. Marrero, Es~. to my legal
representatives before the City Commission,
Sworn to and subscribed to before me
this day of.-+""''--'
Commission Expires: ---------::
272
Attachment D
273
liNCOLN LANE
274
275
I
~
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A
REVOCABLE PERMIT REQUEST BY THE UNGAR-MARSHALL COMPANY TO
PERMIT TWO ENCROACHMENTS INTO THE RIGHTS-OF-WAY ADJACENT TO
THE RETAIL PROPERTY LOCATED AT 1100 LINCOLN ROAD (THE GAP
STORE): 1) A PROPOSED METAL CANOPY WITH HORIZONTAL DIMENSIONS
NOT TO EXCEED FIVE FEET ELEVEN INCHES (5'-11 ") ALONG MICHIGAN
AVENUE, SIX FEET (6') ALONG LINCOLN ROAD MALL, AND TEN FEET FOUR
INCHES (10'-4") ABOVE THE SIDEWALK; AND 2) A PROPOSED CONCRETE
EYEBROW, HAVING HORIZONTAL DIMENSIONS NOT TO EXCEED A LENGTH
OF 6 FEET (6') ALONG LINCOLN ROAD AND MICHIGAN AVENUE, AT A
HEIGHT OF APPROXIMATELY 30 FEET (30'-00") ABOVE THE SIDEWALK.
WHEREAS, the Ungar-Marshall Company (the Applicant) is the owner of the retail property
located at 1001 Lincoln Road (the Property), which is currently leased as the Gap Store; and
WHEREAS, the Applicant is proposing to redevelop the Property; and
WHEREAS, the Applicant's proposed plan, approved by the Historic Preservation Board
(HPB) at its regular meeting on June 12, 2012 (pursuant to HPB File No.7316) was approved,
subject to Applicant obtaining approval for a Revocable Permit, for a metal canopy, 1 0' -4" above the
sidewalk, and concrete eyebrow, 30 feet above the sidewalk, extending into the Lincoln Road and
the Michigan Avenue rights-of-way; and
WHEREAS, on Lincoln Road, the proposed canopy extends horizontally 6 feet into and
93.19 feet along the public right-of-way; and
WHEREAS, on Michigan Avenue, the proposed canopy extends horizontally 5.92 feet into
and 134.9 feet along the public right-of-way; and
WHEREAS, at the intersection of Lincoln Road and Michigan Avenue, the proposed canopy
extends up to 6 feet into and 21 feet radially along the public right-of-way; and
WHEREAS, the proposed concrete eyebrow will extend horizontally 6 feet into the public
right-of-way along both Lincoln Road and Michigan Avenue; and
WHEREAS, the Applicant has submitted an application requesting a Revocable Permit for
the canopy and eyebrow; and
WHEREAS, pursuant to Section 82-93, following submittal of an 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 shall set a public hearing for consideration of the
proposed Revocable Permit.
277
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 to consider a Revocable Permit request by the Ungar-Marshall Company to permit two
encroachments into the rights-of-way adjacent to the retail property located at 1100 Lincoln Road
(The Gap Store): 1) A proposed metal canopy with horizontal dimensions not to exceed five feet
eleven inches (5'-11 ") along Michigan Avenue, six feet (6') along Lincoln Road Mall, and ten feet
four inches (1 0'-4") above the sidewalk; and 2) A proposed concrete eyebrow, having horizontal
dimensions not to exceed a length of 6 feet (6") along Lincoln Road and Michigan Avenue, at a
height of approximately 30 feet (30'-00") above the sidewalk.
PASSED and ADOPTED this 17th day of April, 2013.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
T:\AGENDAI2013\Aprii17\1001Lincoln Road Revocable Permit-Reso.doc
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