The property Owners and Applicants of the property located at 5985 Alton Road (the "Property"), are seeking approval of a revocable permit to allow the installation of a generator with pad/slab measuring approximately three (3) feet by seven (7) feet, with landscape, encroaching onto a City parcel, bearing Folio Number 02-3214-000-0020, located at the end of West 60^th Street (the “City Property”) .

The Property is identified by Miami-Dade County Folio No. 02-3215-003-0730  and located on the southeast corner of the intersection of Alton Road and 60^th Street, with a lot area of approximately 7,450 square feet (0.17 acres) in size.  The Property is zoned Residential - Single Family "0101".

The surrounding uses include single family homes to the north, west and south and by the La Gorce Country Club Golf Course to the east.

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, the City’s Public Works Department has analyzed the criteria contained in Sections 82-94, and a summary of the City’s Public Works Department review and recommendation to grant the revocable permit is set forth herein.

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 Applicants respectfully request the revocable permit in order to place a generator on City property to serve their home, given the fact that the Applicant’s Property does not allow sufficient space in the setbacks to install the generator, in compliance with the Florida Building Code and the    City's Zoning Code.  This generator is necessary for the well-being of  the family's son.  The son requires an electrical machine to sleep at night and keep his breathing and heart from periodically stopping.  A battery pack does not last the length of power outages experienced during a storm.  The proposed request for the placement of the generator is critical.  

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

The  Applicants for the  revocable  permit hold title to the Property, which abuts the City Property being proposed for the location of the revocable permit area.

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

The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws.  Additionally, they will comply with the Florida Building Code requirements, including requirements on elevation and distance from the Property’s openings of 10 feet (windows and doors).

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

The Applicants and the City’s Public Works Department have worked together to ensure the proposed encroachment will allow for continued use and access to the City’s utility easement and existing sewer lines and water lines.

(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, improved security and/or public benefits proffered by the Applicant.

The Applicants have gone through great lengths and cost to restore an architecturally significant home designed in 1936 by Russell Pancoast, which had been neglected and severely deteriorated. The Applicants strongly believe that retaining this house was a public benefit to the neighborhood and the City, as opposed to demolishing it and building a new structure, which would have provided more yard space on the Property.  The architectural contribution to the neighborhood and City was far greater and preferred by the Planning Department and the Design Review Board.

Additionally, the generator will be surrounded with landscape and not visible by neighbors to the north, west, east and others walking the neighborhood.  The permit area proposed for placement of the generator is currently maintained by the Applicants and will continue to be maintained by the owners of the Property, by cutting and fertilizing the existing grass and landscape, as well as any other future landscape or hardscape which the City may install.

(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 Applicants, as any property owner within the City can apply and pay for a revocable permit, provided the application meets the criteria stated in the Code, does not interfere with the utilization of the public property, and results in an enhancement to the neighborhood.

(7)    That granting the revocable permit will be in harmony with the general intent and purpose of Article III (Use of Public Property) of the City Code of Ordinances, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare.

Granting the revocable permit will not devalue any adjacent properties and will not have a detrimental effect on the public welfare.  In fact, the restoration of the architecturally significant home was favorable to the neighborhoods, community, and the City.  The neighbors have provided letters in support of the Applicants' request.  The generator will be surrounded by landscape, so it will not be visible by neighbors and others walking in the neighborhood.