49 Collins Avenue Restaurant LLC d/b/a Carbone ("Carbone"), the tenant of the property located on the ground floor of 49 Collins Avenue, Miami Beach, is requesting a revocable permit for the installation of four (4) retractable awnings encroaching in the City's right-of-way, containing approximately 1,130 square feet of easement area, for the use of patron dining and sidewalk cafe area. 

The property is identified by Miami-Dade County in Folio No. 02-4203-003-0130, and located within the CPS-1 commercial performance standard zoning district, which is designed to accommodate a range of business, commercial, office and hotel uses.

This parcel occupies a portion of the right-of-way of the Collins Avenue "Ocean Beach Florida Subdivision", according to the plat thereof, as recorded in Plat Book 2, Page 38 of the Public Records of Miami-Dade County, Florida.

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.

Satisfied. Given the ongoing pandemic, the ability to have outdoor dining is crucial for the health and safety of restaurant patrons. Furthermore, given the weather in South Florida with the heat and rain, the retractable awnings are an integral part of patrons being able to utilize that certain portion of the property located on public property regardless of the weather conditions. 

•  The Applicant holds title to an abutting property.

Satisfied. The applicant, 49 Collins Avenue Realty LLC, is the property owner of the abutting property. A copy of the Special Warranty Deed issued to 49 Collins Avenue Realty LLC is included in the application materials. 

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

Satisfied. The proposed retractable awnings and the sidewalk cafe area located under the retractable awnings on public property will comply with all applicable codes, ordinances, regulations, and neighborhood plans and laws. Furthermore, the retractable awnings, as depicted on the plans submitted with this application, will be installed pursuant to an approved permit issued by the City.

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

Satisfied. The grant of this revocable permit will not have an adverse effect on governmental/utility easements and uses on the City property. The granting of the revocable permit will allow for Carbone to offer outdoor dining, which is crucial for the health and safety of restaurant patrons during all types of weather.

•  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 and/or public benefits proffered by the applicant

Satisfied. Carbone is one of the most celebrated Italian restaurants of the last decade and has been extremely well received by the local residents, replacing a previously vacant storefront shuttered at the onset of the pandemic.

•  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.

Satisfied. The granting of the revocable permit will not confer any special privilege upon the applicant. Any property owner within the City can apply for a revocable permit provided that the request meets the criteria as contained in the City’s Code.  

• 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.

Satisfied. The granting of the revocable permit is in harmony with the general intent and purpose of this article and is not injurious to the surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Carbone is one of the most celebrated Italian restaurants of the last decade and has been extremely well received by the local residents, replacing a previously vacant storefront shuttered at the onset of the pandemic. Given the ongoing pandemic, the ability to have outdoor dining is crucial for the health and safety of restaurant patrons.