420 Lincoln Road Development, LLC., (the “Applicant”) is the owner of the property located at 1601 Drexel Avenue (the “Property”) in Miami Beach, and is requesting a revocable permit to allow the encroachment of an electric sign along Drexel Avenue, that will encroach approximately 3.05’ by 1’ over the City’s Right-of-Way.

The Property, which is identified by Miami Dade Tax Folio No. 02-3234-006-0040, is located at the southwest corner of Drexel Avenue and 16th Street. Pursuant to the City’s Zoning Map, the Property is zoned CD-3, High Intensity Commercial Zoning District, and is located within the Flamingo Park Local Historic District

The Prior Orders approved the use of the Property as restaurant to be operated by Time Out Market. Like all restaurants in Miami Beach, Time Out Market, desires to provide signage on site so that patrons can recognize and locate the restaurant. Accordingly, the Applicant seeks a Revocable Permit to allow this minor encroachment for a sign.

Pursuant to Section 82-93(b), 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.

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:

(1) That the applicant's need is substantial.

The Applicant respectfully requests the revocable permit in order to provide necessary signage for the success of the restaurant use approved by the Prior Orders. Signage is a critical component of any business’ success. 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.

Part of the success of this project requires viable tenants that are prepared to make a long term commitment to Miami Beach. In order for those tenants to succeed in this City, they need visibility and name recognition. The proposed signage meets all the requirements of the Code and affords the tenant visibility for vehicular and pedestrian traffic, and provides brand recognition, which draws in the clientele. The revocable permit will allow for an overhang to slightly encroach on the City’s right-of-way and in turn permit the provision of necessary, visible signage.

(2) That the applicant holds title to the abutting property.

The Applicant owns the Property.

(3) That the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws.

The proposed overhang will comply with applicable codes, ordinances, regulations, neighborhood plans and laws. The Applicant has requested a revocable permit to ensure that encroachment of the required overhang complies with the applicable regulations.

(4) That the grant of such permit will have no adverse effect on governmental/utility easements and uses on the city property.

The grant of the revocable permit will allow the Applicant to improve the Property with the approved design. The encroachment will be installed at an appropriate height, allowing for a minimum clearance of 14’ – 3”, which permits free pedestrian passage below the overhang and does not obstruct the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses on the property.

(5) That the grant of the revocable permit will enhance the neighborhood and/or community with such amenities as, for example, but without limiting the foregoing, enhanced landscaping, improved drainage, improved lighting, and improved security, and/or public benefits proffered by the applicant;

The proposed encroachment will allow for the use of the Property as approved by the HPB and PB. The approved development will make better use of the Property by providing for needed restaurant use in the area and improving the pedestrian experience of the neighborhood.

(6) 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.

(7) 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. In order to grant a revocable permit, the city commission must make an affirmative finding with respect to each of the criteria set forth above. These findings may be made by one motion addressed to all findings or, at the request of any member of the commission, a finding or findings shall be considered separately. The revocable permit application shall be considered as a whole unless any member of the city commission shall request that the application be considered in parts, in which event the application shall be considered in such parts as requested. In light of the particular circumstances involved with each separate revocable permit request, the grant of any revocable permit shall not constitute or be deemed a precedent for the grant of any other revocable permit; and

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. 

However, there are two (2) existing signs that currently encroach upon the public right-of-way.  The property owner will be revising the application to include both encroachments.