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2007-26681 ResoRESOLUTION NO. 2007-26681 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON OCTOBER 17, 2007, TO CONSIDER GRANTING AN AFTER THE FACT REVOCABLE PERMIT IN FAVOR OF STERLING BUILDING, INC., AS THE APPLICANT AND OWNER OF PROPERTY LOCATED AT 901 LINCOLN ROAD MALL MIAMI BEACH, FLORIDA, FOR TWO (2) ARCHITECTURAL ENTRANCE TOWER ENCROACHMENTS EQUAL TO A TOTAL AREA OF 3.56 SQ. FT, ON THE CITY-OWNED RIGHT OF WAY ON LINCOLN ROAD MALL, ADJACENT TO SAID PROPERTY. WHEREAS, the Sterling Building, Inc. a Florida corporation (Applicant), owns the property located at 901 Lincoln Road, legally described as Lots 5 and 6, Block 37 of Commercial Subdivision, as recorded in Plat Book 6, Page 5 of the Public Records of Miami-Dade County, Florida (the Property); and WHEREAS, the Historic Preservation Board granted a Certificate of Appropriateness (HPB File No. 1140) on June 13, 2000, for the demolition and alteration of the east portion of the Property (which currently houses Victoria Secret's as the tenant), which was included with and made part of the final building permit plans; and WHEREAS, a building permit for this portion of the Property issued, and the partial restoration was substantially completed in 2001; and WHEREAS, as a condition of the Historic Preservation Board's approval, the Applicant submitted a master plan to restore the west end of the property, which was included with and made part of the final building permit plans for the aforestated renovation; and WHEREAS, this master plan was required to be effectuated when the current tenant's lease of the western portion or the property (Pacific Time) expired; and WHEREAS, now that the aforestated tenant has vacated the western portion of the Property, the entrance is required to be replaced with a storefront, and the western tower restored to match the original conditions; and WHEREAS, the Applicant is proposing to substantially reconstruct the existing facade tower entry with stone veneer that requires the use of an approximately 3.56 sq. ft of the public right-of-way on Lincoln Road Mall; and WHEREAS, in order to construct upon said public right of way, the Applicant is requesting that the City grant it a Revocable Permit for the aforestated 3.56 sq. ft of the right-of-way on Lincoln Road Mall; and WHEREAS, in accordance with the City's criteria/standards for granting of said Revocable Permit, the Mayor and City Commission are required to set a public hearing to consider the aforestated request. 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 on October 17, 2007, to consider granting an After-the-Fact Revocable Permit in favor of Sterling Building, Inc. as the applicant and owner of property located at 901 Lincoln Road Mall Miami Beach, Florida, for two (2) architectural entrance tower encroachments, equal to a total area of 3.56 sq. ft, on the City-owned right-of-way on Lincoln Road Mall, adjacent to said property. PASSED and ADOPTED this 17tY'day of October , 2007 ATTEST: CITY CLERK Robert Parcher T:\P,GENDA\2007\oct1707\Consent1901 LINCOLN RD RESO.doc APPROVED AS TO FORM & LANGUAGE _ & FOR TION ~ _ If! 1Z a7 meuY. a e David Dermer COMMISSION ITEM SUMMARY Condensed Title: A Resolution setting a public hearing for December 12, 2007 to consider granting an after-the-fact Revocable Permit requested by The Sterling Building, Inc. for the use of approximately 3.56 sq.ft of City right of way for two (2) architectural entrance towers encroachments adjacent to the property located at 901-915 Lincoln Road (Victoria's Secret) Miami Beach, Florida. Intended Outcome 5u ~ Increase satisfaction with the Pedestrian Mall Character improving community aesthetical appeal. ~ Supporting Data (Surveys, Environmental Scan, etc.): Construction/Development done for Historic Preservation is 63% surveyed as the Right amount of new construction (Businesses) across the City of Miami Beach compared to 42% surveyed as the Right amount (Businesses) in South Beach. Issue: Shall the Mayor and City Commission set the public hearing, Item Summary/Recommendation: 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 granting of a revocable permit. The Sterling Building, Inc, owner of the property located at 901-915 Lincoln Road has completed an application for a revocable permit to occupy an approximately 3.56 sq.ft of City right of way for two (2) entrance towers encroachment adjacent to the property located at 901 Lincoln Road (Victoria's Secret) Miami Beach, Florida. Based on permit records, the partial restoration project at 901 Lincoln Road was substantially completed in 2001.The applicants purchased the property in 1999. The Administration recommends that a public hearing be scheduled for December 12, 2007. Board Recommendation: Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total''' Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin Fernando Vazquez, Public Works 6399 Department Dire to Assistant Ci anager City Manager FHB T:\AGENDA\2007\octl 0 \Consent1901 LINCOLN RD M .doc ~~ a~El~aA ITEIIA G7 f ~-~~~ !~ - ~ 7- 07 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City C mmission FROM Jorge M. Gonzalez, City Manager DATE: October 17, 2007 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON DECEMBER 12, 2007, TO CONSIDER GRANTING AN AFTER THE-FACT REVOCABLE PERMIT FOR TWO (2) ACHITECTURAL ENTRANCE TOWER ENCROACHMENTS EQUATING A TOTAL AREA OF 3.56 SQ.FT OF CITY- OWNED RIGHT OF WAY (LINCOLN ROAD MALL) ADJACENT TO THE PROPERTY LOCATED AT 901 LINCOLN ROAD (VICTORIA'S SECRET) MIAMI BEACH, FLORIDA. ADMINISTRATION RECOMMENDATION The Administration recommends approving the resolution and setting a public hearing on December 12, 2007. BACKGROUND The structure located at 901 Lincoln Road is designated as part of the Miami Beach Historic Properties Database. The structure is located within the Flamingo Park Local Historic District and within the National Register Architectural District. Originally known as the Mead Building, the subject structure was designed by Architect Russell T. Pancoast and constructed by the Mead Brothers Construction Company in 1928. The Mead Brothers built commercial buildings on Lincoln Road, Collins Avenue, and North Bay Road. In addition to the subject structure, there were several other Mead Buildings on Lincoln Road, such as 1000 Lincoln Road, which was also designed by Pancoast. There were at least 20 projects, most of which were homes, designed by Pancoast for the Mead Brothers. The Mead Building at 901 Lincoln Road was originally designed in the Mediterranean Revival style of architecture, which was popular during the first development period of Miami Beach in the 1920's. The one-story commercial structure featured two (2) entrance tower portals with gothic arched openings and pyramidal roofs with clay barrel tiles and carved wooden brackets. The facade of the building sat on a stone base, and it was articulated by a Corinthian pilastrade framing large windows with leaded glass transoms. The eastern portion of the structure was occupied by the prominent fashion house, Bonwit Teller, from 1937 until 1947. The west tower of the Mead Building was demolished sometime between 1937 and 1945. In 1955, the existing south and east elevations were remodeled by the original architect, Pancoast, and aone-story addition with a mezzanine was added to the north side of the building. The new facade design was modern with streamlined stucco surfaces, brick and the details, smaller storefront windows, and angular recessed vestibules. The original curved corner was modified to cantilever over the new angular entrance. The eastern portion of the Mead Building was occupied by the Miami City Ballet from 1986 until 2000, when it moved to its new location facing Collins Park. On June 13, 2000, the Historic Preservation Board granted a Certificate of Appropriateness (HPB File No. 1140) for the partial demolition and alteration of the east portion of the subject structure in order to renovate and restore a portion of the original 1928 facade of the Mead Building, and accommodate a new retail use (Victoria's Secrets). A Building Permit for the project was issued and the partial restoration project was substantially completed in 2001. The Applicant's request for a revocable permit for two (2) architectural entrance tower encroachments within the City's right of way (Lincoln Road Mall) equating a total area of 3.56 sq.ft will satisfy the historic preservation board final order to restore the vacant retail (Pacific Time) facade to match the original conditions previously approved on June 13, 2000. In addition it will bring the proposed entrance towers with arch openings into alignment with the existing (Victoria's Secrets) entrance towers. The Owner has prepared a Hold Harmless Affidavit releasing the City from any liability in the event the City Commission grants a denial. ANALYSIS As a condition of the Historic Preservation Board approval, the applicant/owner of the property, Sterling Building Inc. submitted a master plan to restore the west end of the subject structure, which was included with and made part of the final building permit plans for the proposed project. This master plan is required to be effectuated when the current tenant lease of the western retail space expires. Now that the previous tenant has vacated the western portion of the structure, the entrance is required to be replaced with a storefront and the western tower restored to match the original conditions. The applicant's architect has submitted plans for this restoration effort, which will fully comply with the requirements of the Historic Preservation Board Final Order. The use of the right-of-way, as proposed, is de-minimus and is critical in terms of finalizing the accurate and sensitive restoration of the subject structure. The owner/applicant is requesting that the City grant an approximately 3.56 sq.ft of area within the adjacent City right of way in Lincoln Road Mall. In light of the fact that one of the 2 original towers has already been fully restored, the proposed use of the right of way would be consistent with existing, as well as historic condition. The applicant/owner will be required to comply with the City's criteria/standards for a revocable permit which includes the setting of a public hearing to consider granting the revocable permit. CONCLUSION The Administration recommends approving the resolution and setting a public hearing on December 12, 2007. JMG/RCM/FHB/FV/dw T:WGENDA\2007\oct1707\Consent\901 LINCOLN RD MEMO.DOC