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Home My WebLink About2006-26143 ResoRESOLUTION NO. 2006-26143 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON APRIL 11,2006, TO CONSIDER AN. AFTER-THE FACT REVOCABLE PERMIT REQUEST BY AB GREEN RALEIGH LLC, OWNER OF THE RALEIGH HOTEL LOCATED AT 1775 COLLINS AVENUE, TO RETAIN PORTIONS OF A STAIR, COLUMNS, LANDSCAPING AND A MASONRY FENCE WALL IN THE ADJACENT CITY RIGHT-OF-WAY, OVER AN APPROXIMATELY 668 SQ. FT.. WHEREAS, AB Green Raleigh, LLC.(Applicant) owns the Raleigh Hotel, located at 1775 Collins Avenue; and WHEREAS, the Applicant has submitted an application for an after the fact Revocable Permit requesting to retain certain existing encroachments within the south side of the 18th Street public right-of-way; and WHEREAS, the encroachments which the Applicant has requested to retain over an approximately 668 sq. f. of public right-of-way, some of which have existed for many years, consist of: 1.) The west end of the north privacy wall surrounding the pool deck; 2.) the bottom three steps of the stairs leading to the hotel entrance; and 3.) the columns and landscaping framing the north exit driveway of the hotel; all as depicted in the sketch attached as Exhibit "A" hereto; and WHEREAS, pursuant to Section 82-92 of the City Code, a completed application for Revocable Permit has been received and reviewed by the City's Public Works Department; and WHEREAS, pursuant to Chapte~ 82, Article III, Division 2, Section 82-93 of the City Code, the Mayor and City Commission are required to hold a public hearing to consider the aforestated request for Revocable Permit; and WHEREAS, accordingly, mail notices of the public hearing, at least fifteen (15) days prior to the hearing date, shall also be provided to owners of properties lying within 375 feet of the Applicant's property. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider a request for an after-the-fact Revocable Permit by AB Green Raleigh, LLC., as owner of the Raleigh Hotel, located at 1775 Collins Avenue, Miami Beach, Florida, to retain portions of a stair, columns, landscaping and a masonry fence wall in the adjacent City right-of-way, is hereby called to be held before the Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on April 11, 2006, beginning at or no earlier than 10.. 3o n~, and the City Clerk is hereby authorized and directed to publish appropriate public notice of the said Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this ATTEST: .~ CITY CLERK 8th day of , 0 OR Robert Parcher T:~AG E N DA~2006VnarO806\consent\Raleigh RevocablePermitPublicH earingReso.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution setting a public hearing on April 11,2006, to consider an after-the-fact Revocable Permit request to retain portions of a stair, columns, landscaping and a masonry fence wall, by the Raleigh Hotel at 18th Street. Key Intended Outcome Supported' IProtect historic building stock. Issue: IShall a Public Hearing be scheduled for April 11, 2006? Item Summary/Recommendation: The Raleigh Hotel located at 1775 Collins Avenue, between 17th and 18th Streets east of Collins Ave., has encroachments within 18th Street right-of-way, consisting of the bottom 3 steps of the entrance stairway, columns, landscaping and a masonry fence wall. The owner, AB Green Raleigh, LLC, in order to retain some of these features which are encroaching within the right-of-way, has applied for a Revocable Permit for the use of the City right-of-way occupied by these encroachments. Pursuant to City Code, Chapter 82, Article III, Division 2, upon receipt of a Revocable Permit application, the City Commission shall schedule a public hearing to consider the request for use of the public right-of-way. The Administration recommends that a public hearing be scheduled for April 11, 2006. Advisory Board Recommendation' I N/A I Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: IRobert Halfhill, Public Works 6833 Sign-Offs: I Department Director Assistant City Manager T:~AGEN DA~2006~nar0806\consent~Raleigh RevocablePermitPublicHearing Summary.doc City Manager MIAMIBEACH AGENDA ITEM DATE MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor David Dermer and Members of the City Commission JorgeMarchM.8, 2006G°nzalez' City Manager ~ ~ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON APRIL 11, 2006, TO CONSIDER AN AFTER-THE-FACT REVOCABLE PERMIT REQUEST BY AB GREEN RALEIGH LLC, OWNER OF"THE RALEIGH," FOR RETAINING PORTIONS OF A STAIR, COLUMNS, LANDSCAPING AND A MASONRY FENCE WALL IN THE CITY RIGHT-OF-WAY, OVER AN APPROXIMATE 668 SQ. FT. AREA, ADJACENT TO THE PROPERTY LOCATED AT 1775 COLLINS AVENUE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Pursuant to City Code, Chapter 82, Article III, Division 2, upon receipt of a Revocable Permit application, the City Commission shall schedule a public hearing to consider the request for use of the public right-of-way. AB Green Raleigh, LLC., owner of the Raleigh Hotel located at 1775 Collins Avenue, has submitted an application for a Revocable Permit requesting to retain encroachments within the south side of the 18th Street right-of-way. These encroachments, some of which have existed for many years, consist of: 1.) - The west end of the north privacy wall surrounding the pool deck; 2.) - The bottom three steps of the stairs leading to the hotel entrance; and 3.) - The columns and landscaping framing the north exit driveway of the hotel. (Exhibit "A"). ANALYSIS The applicant, in compliance with Revocable Permit requirements, has provided the City with a list of property owners within a radius of 375 feet to be notified of the scheduled public hearing, and the after-the-fact permit fee. Mailed notices of this public hearing shall be provided at least 15 days prior to the hearing to those owners lying within the 375 feet of the subject property. The notice shall indicate the date, time and place of the hearing and the nature of the request and shall invite written comments and/or participation at the hearing. The application shall be evaluated using the criteria for a revocable permit listed in Section 82-94 of the City Code which are as follows: (2) (3) (4) (5) (6) (7) That the applicant's need is substantial. That the applicant holds title to an abutting property. That the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws. That the grant of such application will have no adverse effect on governmental/utility easements and uses on the property. 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 building involved and are not generally applicable to other lands, 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; or 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. That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. CONCLUSION Recommend the City Commission set a time on April 11, 2006, for a public hearing, during the Commission meeting. Attachments JMG/RM/FHB/RH/FAV T:~GENDA~006~nar0806\consent\Raleigh RevocablePermitPublicHearing Memo.doc I- W I.IJ > 0 J~ -1- X uJ