Item Coversheet

Resolutions - R7  B




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:October  14, 2020
 

9:55 a.m. Public Hearing

SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B), FINDING THAT THE CRITERIA SET FORTH IN SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, AND GRANTING AN AFTER-THE-FACT REVOCABLE PERMIT REQUEST BY 550 LANDLORD, LLC (THE "APPLICANT"), FOR THE PROPERTY LOCATED AT 550 WASHINGTON AVENUE, MIAMI BEACH (THE "PROPERTY"), TO ALLOW FOR TWO (2) EXISTING ENCROACHMENTS INTO THE RIGHT OF WAY: 1) THE WASHINGTON AVENUE ENCROACHMENT BEING TEN (10) FEET TEN (10) INCHES ABOVE THE SIDEWALK RIGHT-OF-WAY AND CONTAINING A TOTAL AREA OF 79.35 SQUARE FEET FOR AN ICONIC MARQUIS SIGNAGE; AND 2) THE EUCLID AVENUE GATE ENCROACHMENT, EXTENDING ONE (1) FOOT SIX (6) INCHES INTO THE RIGHT-OF-WAY AND SPANNING THIRTEEN (13) FEET SIX (6) INCHES ALONG THE EUCLID AVENUE FRONTAGE, WITH A TOTAL AREA OF 20.29 SQUARE FEET; AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE REVOCABLE PERMIT.

RECOMMENDATION

The Administration recommends approving the After-The-Fact Revocable Permit.

BACKGROUND/HISTORY

550 Landlord, LLC (the “Applicant”), is requesting an After-The-Fact Revocable Permit for the property located at 550 Washington Avenue, Miami Beach (the “Property”), to allow for two existing encroachments. 

 

The Property fronts on Washington Avenue, where an iconic marquis signage of a historic structure encroaches into the right-of-way along Washington Avenue (the “Washington Avenue Encroachment”). The Washington Avenue Encroachment is ten (10) feet ten (10) inches above the ground level sidewalk right-of-way and contains a total area of 79.35 square feet.

 

The Property also fronts on Euclid Avenue. This serves as the rear of the existing structure. There is an existing gate that is part of the structure that extends one (1) foot six (6) inches into the sidewalk right-of-way along Euclid Avenue (“Euclid Avenue Encroachment”). This existing gate spans thirteen (13) feet six (6) inches along the Euclid Avenue frontage. As such, the Euclid Avenue Encroachment has a total area of 20.29 square feet.

 

The Property is located on the west side of Washington Avenue just south of 6th Street. It is located in the CPS-2, Commercial Performance Standard District, and is a contributing structure within the Ocean Beach Historic District. The existing structure on the Property was built in 1945. There are multiple uses in the surrounding area, including commercial to the north and east and residential to the south and west.

 

This request is in accordance with development approval HPB20-0380, granted by the Historic Preservation Board (“HPB”) on September 9, 2020.

ANALYSIS

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 After-The-Fact 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 After-The-Fact Revocable Permit in order to maintain the existing features of the historic structure built in 1945 that has been designated a contributing structure by the City of Miami Beach and approved by the HPB.

 

•  The Applicant holds title to an abutting property.

 

The Applicant for the After-The-Fact Revocable Permit is the property owner and holds title to the Property.

 

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

 

The encroachment areas described above are existing parts of the contributing structure. While the Applicant is making internal improvements to the structure, the encroachment areas are existing rather than proposed.

 

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

 

The grant of the After-The-Fact Revocable Permit will have no effect on the governmental/utility easements and uses on the Property. As mentioned, the encroachments are existing.

 

•  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 HPB. The City of Miami Beach has taken efforts to preserve the existing historic structure because of it is deemed to contribute to the character of the neighborhood and the City, as a whole.

 

•  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 After-The-Fact Revocable Permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for an After-The-Fact 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 After-The-Fact 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 help realize the desired re-use of the existing historic structure.

CONCLUSION

The Administration recommends approving the After-The-Fact Revocable Permit.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Public Works

ATTACHMENTS:
Description
Letter of intent - 550 Washington
Permit application - 550 Washington
BOUNDARY SURVEY - 550 WASHINGTON AVENUE
RENDERINGS - 550 WASHINGTON AVENUE
Title Commitment - 550 WASHINGTON AVENUE
Resolution
Sketch and Legal