A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME, AND HAVING CONSIDERED THE CITY ADMINISTRATION'S RECOMMENDATION AND THE CRITERIA FOR GRANTING REVOCABLE PERMITS PURSUANT TO SECTION 82-94 OF THE MIAMI BEACH CITY CODE, GRANTING AN AFTER-THE-FACT REVOCABLE PERMIT IN FAVOR OF THE APPLICANTS, SAMUEL MEYER GROSSMAN AND CLAUDIA GROSSMAN, THE OWNERS OF THE RESIDENTIAL PROPERTY LOCATED AT 501 NORTH SHORE DRIVE (THE "PROPERTY"), TO RETAIN AN 8-INCH THICK CONCRETE DECORATIVE WALL, WHICH WALL ENCROACHES 5-FEET INTO THE PUBLIC RIGHT-OF-WAY.

Samuel Meyer Grossman and Claudia Grossman (the Applicant) are requesting a revocable permit for the installation of a 5-foot concrete decorative wall including foundations located on Vardon Street and North Shore Drive in City’s public right-of-way to avoid damage to a 70-year-old specimen Canary Island Date Palm.

The property, which is identified by Miami-Dade Tax Folio 02-3203-007-2800, is located on the northwest corner of Vardon Street and North Shore Drive.

Pursuant to permit revision RV1908497 to Master Permit B1402997, the property was approved to install a 5-foot concrete stucco finish wall 8-inches thick.

Pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing. Public Works has analyzed the criteria contained in Sections 82-94.

Additionally, Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based upon the following criteria:

• The Applicant’s need is substantial.

The applicant respectfully requests the revocable permit in order to provide security and consistency with the rest of the property. In order to complete the perimeter of the wall, the wall has to enclose the tree to protect and preserve the roots and structural integrity of the tree.

• The Applicant holds title to an abutting property.

The Owner is jointly the Applicant for the revocable permit and holds title to the Property.

• The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws.

The proposed wall will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the Building Permit approval. The Applicant has requested a revocable permit to ensure that the encroachment complies with the applicable regulations.

• The grant of the application will have no adverse effect on governmental/utility easements and uses on the property.

The grant of the revocable permit will allow the Applicant to improve the property with the approved design and use. There are no existing easements in the section where the wall encroaches into the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses of the property.

• 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.

The proposed encroachment will allow for the use of the Property as approved by the Building Permit. Additionally, the Applicant is providing enhanced landscaping and protection to the Canary Island Date Palm.

• 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.

Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community.

• 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.

Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood. The surrounding properties will not be affected by this revocable permit.

Results from the 2019 Resident Survey show that 71% of residents voted they would like to see more trees in their neighborhood. In order to continue maintaining excellent standards in this area, the City intends to allow the installation of a 8-inch thick concrete decorative wall.