Washington Avenue Associates, LLC. (the “Applicant”), is requesting a revocable permit for the property located at 915 Washington Avenue, Miami Beach (the “Property”), to allow for two (2) canopy encroachments into the right of way by 4.17 feet, for a total of 156.56 square feet.  Attached is a rendering and sketch of the proposed encroachments.

The Property, which is identified by Miami-Dade Tax Folio No. 02-3234-008-1400, is located on the east side of the Washington Avenue between 9^th and 10^th Streets. The Property is located within the CD-2 zoning district. The one-story commercial structure on the Property was built in 1937 and is approximately 22,030 square feet in size.

Pursuant to PB0616-0033, the Property was approved for a Conditional Use Permit (“CUP”) for the construction of a new seven (7) story hotel development exceeding 50,000 square feet including a Neighborhood Impact Establishment with outdoor entertainment. In 2017, the Historic Preservation Board (HPB) approved HPB01716-0046 for a Certificate of Appropriateness (“COA”) for the substantial demolition, renovation and restoration of the existing structures and the construction of a new 7-story ground level addition.

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 an encroachment of a metal canopy over the sidewalk for hotel use to provide signage and shade structure. Given the fact that the building is part of an existing structure and designed in an urban capacity fronting the right-of-way, the hotel is not readily identifiable. However, the hotel use on the Property will have a need to indicate where it is located, and thus it is essential that this small sign clearly demarcate that the hotel associated with the structure is accessible from Washington Avenue. The success of any business relies, in part, on providing signage that is clearly visible and identifiable. The Property is also located in an area where vehicular traffic is prominent. Therefore, visible signage is critical. The proposed signage complies with all City regulations and provides the necessary visibility to make this a successful site.

•  The Applicant holds title to an abutting property.

The Owner is 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 hotel sign will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the Planning Board (PB) and HPB approvals. The Applicant has requested a revocable permit to ensure that encroachment of the existing overhang and sign 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. The encroachments will be installed at an appropriate height, allowing for a minimum clearance of 9’4”, which permits free pedestrian passage below the signage and does not obstruct the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses on 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 PB and the HPB. Additionally, the Applicant is providing public benefits through the use of protection from the elements, including sun and rain, to complement the structure that is compatible with pedestrianism and an urban environment. The approved development will make better use of the Property and improve the pedestrian experience of the neighborhood.

•  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.