Item Coversheet

Resolutions - R7  J




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:July  20, 2022
 

2:40 p.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) OF THE CITY CODE, FINDING THAT THE CRITERIA FOR GRANTING A REVOCABLE PERMIT PURSUANT TO SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, FOLLOWING THE PUBLIC WORKS DEPARTMENT'S REVIEW AND RECOMMENDATION TO GRANT THE REVOCABLE PERMIT REQUEST AS SET FORTH IN THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, AND HEREBY APPROVING A REVOCABLE PERMIT REQUEST BY THE TOWNLEY CONDO APTS. INC. (THE "APPLICANT" AND "OWNER") OF THE PROPERTY LOCATED AT 4010 NORTH MERIDIAN AVENUE, MIAMI BEACH, FOR THE INSTALLATION OF AN ALUMINUM FENCE SURROUNDING THE PROPERTY, AND ENCROACHING INTO THE CITY'S RIGHT-OF-WAY BY APPROXIMATELY 2 FEET ON THE SOUTHERLY SIDE OF SAID PROPERTY ALONG WEST 40 STREET, THEN FOLLOWING THE RADIUS AT THE INTERSECTION OF WEST 40 STREET AND MERIDIAN AVENUE, THEN CONTINUING NORTHERLY AND ENCROACHING INTO THE RIGHT-OF-WAY BY APPROXIMATELY 10 FEET ALONG THE EASTERLY SIDE OF THE PROPERTY ALONG MERIDIAN AVENUE, FOR A TOTAL OF APPROXIMATELY 587 LINEAR FEET; AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVOCABLE PERMIT. 

RECOMMENDATION

The Administration recommends approving the revocable permit.

BACKGROUND/HISTORY

Townley Condo Apts. Inc. (the "Applicant" and "Owners") of the property located at 4010 North Meridian Avenue, Miami Beach, is requesting a revocable permit for installation of an aluminum fence surrounding the property, and encroaching into the City's right-of-way, approximately 2 feet on the southerly side of said property along West 40th  Street, then following the radius at the intersection of West 40th  Street and Meridian Avenue, then continuing northerly and encroaching into the right-of way, approximately 10 feet along the easterly side of the property along Meridian Avenue for a total of approximately 587 linear feet.

 

The property is identified by Miami-Dade County as Folio No. 02-3222-025-0001 Townley Condo Apts. Inc. 41 Street, Business Sub PB 34-92 LOT 4 & ELY 10 FT LOT 3 BLK 3 and located at 4010 North Meridian Avenue, Miami Beach.

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 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 Townley Condominium Inc. HOA is requesting a revocable permit in order to install a modern design, anti-rust, lightweight aluminum fence around the property, encroaching into the City's right-of-way.

 

This fence will allow added security for its residents, allow for children to play outside and for seniors to sunbathe in a protected well taken care of area.   Owners/residents are current members of the Jewish Shul, located on 41st Street, whose families get together on Friday evening for Shabbat, and would like to use the front yard with their children and elders, safely.

 

The fence will give the residents the opportunity to enjoy and connect with families and friends using a safe front yard. This fence will provide the residents the privacy, safety and wellbeing that residents' families deserve, and will provide a modern aesthetic look to the neighborhood.

 

  • The Applicant’s holds title to the abutting area.

The Applicant for the revocable permit holds tittle to the property

 

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

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

 

  • Granting of the application will have no adverse effect on the government utility easements and uses on the property

The Applicant and the Public Works Department have worked together to ensure that the proposed encroachment will allow for continued use and access to City’s utilities easements and existing water and sewer lines.

 

  • Granting of revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscape, and public benefits proffered by the applicant.

The Applicant believes in living in a safe, beautiful environment.  Not only will it offer safety and well-being for its families and residents, but for the neighbors, who after many years have become friends. Landscaping will also be enhanced with plants, flowers and trees, and solar lights at night to enhanced property front yard with pastel colors. Benches and chairs will be placed for the senior residents and families This fence will provide the residents the privacy, safety and wellbeing that residents' families deserve, and will provide a modern aesthetic look to the neighborhood.

 

  • Granting the revocable permit requested will not confer on the applicant any especial privilege that is denied by the article to other owners of land, structures or building subject to similar conditions located in the same zoning district

The Applicant understands and agrees that granting the revocable permit requested will not confer on the applicant any special privilege that is denied by the article to other owners of land, structures, or building subject to similar conditions, located in the same zoning district.

 

  • *Granting the revocable permit requested 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 for the public welfare.
The Applicant understands and agrees that granting the revocable permit requested 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 for the public welfare.

SUPPORTING SURVEY DATA

Results from the 2019 Resident Survey related to perception satisfaction of the City show that 79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to live; and 70% were very satisfied/satisfied with the overall image of the City. 

FINANCIAL INFORMATION

No fiscal impact.

CONCLUSION

The Administration recommends approving the revocable permit.

Applicable Area

Middle 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 

Strategic Connection

Prosperity - Revitalize targeted areas and increase investment.
Legislative Tracking
Public Works

ATTACHMENTS:
Description
Application
Opinion of title
Sketch and Legal description
Resolution