C7R-Set Public Hearing Consider Revocable Permit For 800 First StreetCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Setting A Public
Hearing On The September 11, 2013 City Commission Meeting, To Consider A Revocable Permit Request
By First Street Development, LLC, Located At 800 First Street, To Construct Four (4) Concrete Eyebrows
That Project Over And Into The Public Right-Of-Way At A Minimum Horizontal Dimension Of2'-2" At 9'-6"
Above The Sidewalk, To A Maximum Horizontal Dimension Of 5'-0" At 9'-8"Above The Sidewalk.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The First Street Development, LLC (applicant) for the property located at 800 First Street, is requesting a
revocable permit to construction four (4) concrete eyebrows into the public right of way.
On September 6, 2011, the City of Miami Beach Design Review Board approved the applicant's plans,
including the eyebrows, through Development Order #22858.
The concrete eyebrows will project a minimum horizontal dimension of 2'-2" at 9' -6" above the First Street
sidewalk, to a maximum horizontal dimension of 5'-0 at 9'-8" above the First Street sidewalk.
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.
Financial Information:
Source of
Funds:
OBPI
Amount
Financial Impact Summary: N/A
Ci Clerk's Office Le islative Trackin
Richard W. Saltrick, Cit En ineer, ext.6565
Si
rector
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MIAMI BEACH 390
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AGENDA IT EM ____.;(,:;;...7------'R--:::--
DATE 1-11""1_3
~ 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 y Commission
FROM: Jimmy L. Morales, City Manager
DATE: July17,2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON THE SEPTEMBER
11, 2013 CITY COMMISSION MEETING, TO CONSIDER A REVOCABLE PERMIT
REQUEST BY FIRST STREET DEVELOPMENT, LLC, LOCATED AT 800 FIRST
STREET, TO CONSTRUCT FOUR (4) CONCRETE EYEBROWS THAT PROJECT
OVER AND INTO THE PUBLIC RIGHT-OF-WAY, AT A MINIMIUM HORIZONTAL
DIMENSION OF 2'-2" AT 9'-6" ABOVE THE SIDEWALK, TO A MAXIMUM
HORIZONTAL DIMENSION OF 5'-0" AT 9'-8"ABOVE THE SIDEWALK.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution.
BACKGROUND
Public Works received an application for a Revocable Permit to construct four concrete
eyebrows into the City of Miami Beach Right of Way. The property is zoned CPS-1 and is
located on the south side of First Street between Jefferson Ave. and Miami Ave.
The First Street Development, LLC (applicant), for the property located at 800 First Street, is
requesting a revocable permit to construction four (4) concrete eyebrows into the public right of
way.
The architectural concrete eyebrows will project a minimum horizontal dimension of 2'-2" at 9'-6"
above the First Street sidewalk, to a maximum horizontal dimension of 5'-0 at 9'-8" above the
First Street sidewalk. (Attachment A & D).
On September 6, 2011, the City of Miami Beach Design Review Board approved the applicant's
plans, including the eyebrows, through Development Order #22858.
First Street Development, LLC (Applicant), as the owner of the property, has requested a
Revocable Permit for the construction and maintenance of the aforementioned eyebrows. 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
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City Commission Memorandum-Revocable Permit BOO First Street -Memo
July 17, 2013
Page 2 of3
of the proposed Revocable Permit.
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. Applicant's need has been established by the ORB order.
2) That the applicant holds the title to property which the improvements will be made.
Satisfied. The applicant is the fee simple owner of the property located at 800 First Street.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The Applicant shall comply with all the regulatory requirements for design criteria
and 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 (eyebrows) 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,
structures or building.
b. That the grant of the Revocable Permit will enhance the neighborhood and/or
community by providing a store brand sign into the CMB ROW.
Satisfied. The Revocable Permit may be considered a neighborhood-enhancing
amenity since the eyebrows will provide pedestrians and bicyclists with shade and
protection from rain.
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 may request a revocable permit. Granting this permit will not provide
special privileges to the Applicant; any other property owner may also apply for a Revocable
392
City Commission Memorandum-Revocable Permit BOO First Street -Memo
July 17, 2013
Page 3 of3
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 be an architectural to identify the store front. This
feature will not have an impact on surrounding 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 is satisfied. This application is also supported by the fact that the eyebrows
were required per the ORB order #22858.
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
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Attachment A
TELEPHONE: • FAX: 572-1778
E-MAIL: surve)ll50j:IIJI!celcmdsurveyors.com CERllFlCATE OF AUTHORIZATION LB,PB70
LEGAL DESCRIPTION:
PORTIONS OF THE RIGHT-OF-WAY OF FIRST STREET AS DEDICATED BY THE PLAT OF OCEAN BEACH, FLA. ADDITION NO. 3, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 81, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 11, BLOCK 52, OF SAID PLAT, SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY LINE
OF SAID FIRST STREET; THENCE NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID
BLOCK 52, FOR 1.56 FEET TO POINT OF BEGINNING 'A', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY
LINE AND SAID NORTH UNE OF BLOCK 52, FOR 23.71 FEET TO REFERENCE POINT 'A'; THENCE NORTH 00'00'00" WEST 2.17 FEET;
THENCE SOUTH 90'00'00" WEST 23.71 FEET; THENCE SOUTH 00'00'00" EAST 2.17 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
COMMENCING AT SAID REFERENCE 'A', SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY UNE OF SAID FlRST STREET; THENCE NORTH
90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 21.40 FEET TO POINT
OF BEGINNING 'EI', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND SAID NORTH UNE OF BLOCK
52, fOR 25.17 FEET TO REFERENCE POINT '13'; THENCE NORTH 00'00'00" WEST 5.00 FEET; THENCE SOUTH 90'00'00" WEST 25.17 FEET;
THENCE SOUTH 00'00'00" EAST 5.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
COMMENCING AT SAID REFERENCE 'B', SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY LINE OF SAID FIRST STREET; THENCE NORTH
90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 4.2.3 FEET TO POINT Of
BEGINNING 'C', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND SAID NORTH LINE OF BLOCK
52, FOR 23.88 FEET TO REFERENCE POINT 'C'; THENCE NORTH 00'00'00" WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 23.88 FEET;
THENCE SOUTH 001>0'00" EAST 2.17 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
COMMENCING AT SAID REFERENCE 'C', SAID POINT BEING OF THE SOUTH RIGHT-OF-WAY LINE OF SAID FIRST STREET; THENCE NORTH
90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF SAID BLOCK 52, FOR 1.49 FEET TO POINT OF
BEGINNING '0', THENCE CONTINUING NORTH 90'00'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND SAID NORTH UNE OF BLOCK
52, FOR 24.80 FEET; THENCE NORTH 00'00'00" WEST 2.17 FEET; THENCE SOUTH 90'00'00" WEST 24.80 FEET; THENCE SOUTH 00'00'00"
EAST 2.17 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY. FLORIDA AND HAV1NG A COMBINED AREA CONTAINING 283 SQUARE
394
THIS DOCUMENT IS NEITHER FULL NOR
OMPLETE WITHOUT SHEETS 1 THROUGH 3
P.O.C.
NORTHWEST CORNER
OF LOT 11,
BLOCK 52
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LOT 12 t;
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BUINFII~ FLORIDA ~
TELEPHONE: (954) • FAX: 572-1778
E-MAIL: IIIUI"Ve)'III~UIIeelaru:llllurveyori!I.COm CER11F1CATE OF AUTHORIZATION LS#3S70
LOT 11
100' RIGHT-OF-WAY
(PLAT BOOK2, PAGE 81)
LOT 10 LOT 9 LOT 8 LOT 7
1) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE SOUTH RIGHT-OF-WAY
LINE OF FIRST BEING NOO"OO'OO"E.
2) THIS IS NOT A SKETCH SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
O.R.B.
P.O.
P.O.B.
395
SHIFE>r 2 3
THIS DOCUMENT IS NEITHER FUll NOR
COMPLETE WITHOUT SHEETS 1 THROUGH 3
CENTERLINE
OFFICIAL RECORDS BOOK
POINT OF COMMENCEMENT
POINT OF BEGINNING
~NOB HI..L ROAD
~~FmE fiLORIDA 00381
TELEPHONE: (954) • F"AX: 572-1778
E-MAIL: IIIUNe)I'8Gpullc::elcndeurveyora.com CERTIF1CA iE OF AUTHORI:ZA TION U!lf.'51370
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1) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE SOUTH RIGHT-OF-WAY
LINE OF FIRST STREET, BEING Noo·oo'OO"E.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT A FIELD SURVEY .
.3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
3 THIS DOCUMENT IS NEITHER FULL NOR
COMPLETE WITHOUT SHEETS 1 THROUGH 3
CENTERLINE
O.R. OFFICIAL RECORDS BOOK
396
Attachment B
ZONING, LAND USE AND ENVIRONMENTAL LAVV
DIRECT LINE: (305) 377-6229
E-Mail: gg_gmn@BRZoninqLaw.com
May 22,2012
2014)
WACHOVIA FINANCIAL CENTER • 200 SOUn-1 BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.3n.6222
397
7,
cc:
BERCOW RADELL 5. FERNANDEZ
ZONING, LAND USE AND ENVmF.-·lONMEN-J"AL LA'VV
398
Attachment C
1. NAME OF APPLICANT: First Street Development, LLC
2. APPLICANT'S ADDRESS: 2200 Biscayne Boulevard
3. APPLICANT'S BUSINESS TELEPHONE: c/o Graham Penn, Esq., 305-37j6229
RESIDENCE TELEPHONE: N/A
4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: See attached
for detailed legal description. Area consists of portion of City sidewalk on the south side of First
Street in front of738 First Street (Folio 02-4203-009-2330)
5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING
SUBJECT PROPERTY:
738 First Street, consisting ofthe western 8 feet of Lot 7 and Lots 8 through 11 ofBlock 52 of
the Ocean Beach Addition Subdivision, recorded at Plat Book page 81 of the Public Records
of Miami-Dade County.
6. HAS PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST?
YES __ NO X IF SO, WHEN: _____________ _
FILE NO. OF PREVIOUS REQUEST: N/A
7. STATE REQUEST EXPLAINING THE REASON/NEED FOR THE
REVOCABLE PERMIT:
Permit is necessary to allow erection of concrete eyebrows over portions of City sidewalk for
mixed-use commercial and residential building.
8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES
ON THE SUBJECT PROPERTY? YES NO X
IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: -------
399
9. NAME OF CONTRACTOR: G.T. McDonald Enterprises
ADDRESS: 400 South State Road 7
Plantation, FL 33317
BUSINESS TELEPHONE: 954-584-3060
SEE THE ATTACHED LIST ITEMS TO BE SUBMITTED WITH
APPLICATION (SECTION 82-92, ITEMS 1 THROUGH 9).
NO WORK SHOULD BE PERFORMED IN THE SUBJECT
A REVOCABLE PERMIT THE CITY COMMISSION
IT IS RESPONSIBILITY OF OWNER AND/OR CONTRACTOR TO
OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR WORK ON THE
SUBJECT WORK MUST COMPLY WITH THE
APPLICABLE CODES AND ...,..._,._,_,_u
ALL SUBMITTED IN CONNECTION WITH
A PERMANENT PUBLIC
DEPARTMENT OF CITY.
APPLICATION BECOMES
THE PUBLIC WORKS
FILE NO.---------
THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 738 First Street MIAMI
FL.
400
INSTRUCTIONS:
COMPLETE OWNER AFFIDAVIT 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
l Q hvtheing first duly 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.
Sworn ~and subscrib
this day of
Commission Expires: ·-
DAYAMI AGUIAR
Notary Public -State of Florida
Comm Expires Mar 16,2015
Commission # EE 70292
************************************************~******************~******************~**************************
LIMITED LIABILITY COMPANY AFFIDAVIT
I, Russell Galbut, being duly sworn, depose and say that I am the Managing Member of the aforesaid
limited limited liability company, and as such, have been authorized by the company to file this application
for public hearing; that all answers to the questions in said application and all supplemental data attached
to and made a part of this application are honest and true to the best of our knowledge and belief; that
said corporation is the owner of the property described herein and which is the subject matter of the
proposed hearing.
MANAGING MEMBER SIGNATURE
Sworn to and subscribed to before me
this day of , 20 __ .
NOTARY PUBLIC
OWNER/POWER OF ATTORNEY AFFIDAVIT
Russell Ga!but, being duly sworn, depose and say that I am the Managing Member of the aforesaid
limited limited liability company, 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 Bercow Radell & Fernandez, PA to be my legal representative
before the City Commission.
OWNER'S SIGNATURE
Sworn to and subscribed to before me
this day of , 19 __ .
NOTARY PUBLIC
Commission Expires: ---------
401
Attachment D
402
403
A3
404
RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR SEPTEMBER
11, 2013, TO CONSIDER A REVOCABLE PERMIT REQUEST BY FIRST
STREET DEVELOPMENT, LLC, AS THE OWNER OF THE COMMERCIAL
PROPERTY LOCATED AT 800 FIRST STREET, TO CONSTRUCT FOUR (4)
CONCRETE EYEBROWS THAT PROJECT OVER AND INTO THE PUBLIC
RIGHT-OF-WAY, AT A MINIMUM HORIZONTAL DIMENSION OF 2'-2" AT 9'-
6" ABOVE THE SIDEWALK, TO A MAXIMUM HORIZONTAL DIMENSION OF
5'-0" AT 9'-8"ABOVE THE SIDEWALK.
WHEREAS, First Street Development LLC (Applicant) is the owner of a commercial
property located at 800 1st Street (Property), mid-block on the south side of First Street,
between Jefferson and Washington Avenues; and
WHEREAS, the Applicant proposes to develop the Property with a mixed-use
commercial and residential development, consisting of commercial uses on the ground floor, a
parking garage (levels two through four), and a single family home (levels three through seven);
and
WHEREAS, on September 6, 2011, the City's Design Review Board approved the
Applicant's plans, through Development Order #22858, to construct four (4) eyebrows that
project over and into the public right-of-way, with a minimum horizontal dimension of 2'-2" at 9'-
6" above the sidewalk and a maximum horizontal dimension of 5'-0" at 9'-8" above the
sidewalk; and
WHEREAS, the Applicant has made application to the City for a revocable permit to be
allowed to maintain the aforestated encroachments upon the right-of-way; 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.
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, set a public hearing for September 11, 2013, to consider a Revocable1
Permit request by First Street Development, LLC, as the owner of the commercial property
located at 800 First Street, to construct four (4) concrete eyebrows that project over and into the
public right-of-way, at a minimum horizontal dimension of 2'-2" at 9'-6" above the sidewalk, to a
maximum horizontal dimension of 5'-0" at 9'-8"above the sidewalk.
PASSED AND ADOPTED this 1th day of July, 2013.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
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