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.