MAC 1045 5th ST, LLC (the “Applicant”), the owner of the properties located at 1045 5th Street, 1031 5th Street, 527 Lenox Avenue, and 543 Lenox Avenue, is requesting a revocable permit to allow the partial encroachment of the City’s right-of-way by (1) building eyebrows, fins, and building signage extending 1’-11”, 2’-4 ½”, and 1’, respectively, into the Lenox Avenue public right-of-way; and (2) building eyebrows stretching 11 ½” into the adjacent public alley way known as Michigan Court.
On November 15, 2016 the City's Planning Board approved a .Conditional Use Permit (CUP) for the construction of the new 4-story commercial building exceeding 50,000 square feet through the final order issued under PB File No.: 16-0053.
On September 26, 2017, the Planning Board (PB) modified the CUP under final order issued under PB File No.: 17-0152. On December 13, 2016, the City's Historic Preservation Board (HPB) approved the design for the new 4-story commercial building through the final order issued under HPB File No.: 16-0059.
The design approved under the CUP allows an encroachment over the public rights-of-way, which requires a revocable permit. The Applicant is requesting to encroach into the public right-of-way and has applied for a revocable permit to allow for building eyebrows and louvers that begin at an elevation of 15’- ½” above the ground level and extend no more than 2’-4 ½” into the Lenox Avenue public right-of-way and no more than 11 ½” into the adjacent public alley.
Pursuant to Section 82-93(a), of the City Code, on September 12, 2018, the City Commission scheduled the public hearing for October 17, 2018, to consider the request for a revocable permit and, additionally, in accordance with Section 82-93(b), of the City Code, to mail notice of the public hearing to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing.
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 comply with the conditions of the HPB Order No. HPB16-0059 to achieve the design of the project. The revocable permit will allow the Property to maintain compliance with this development approval and be compatible with the surrounding area.
(2) That the applicant holds title to an abutting property.
The Applicant owns the Property as confirmed by the opinion of title included with the application package.
(3) That the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws.
The proposed fins, eyebrows, and signage will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidence by the HPB and PB approvals. The Applicant has requested a revocable permit to ensure that encroachment of the required fins, eyebrows, and signage complies with the applicable regulations.
(4) That the grant of such application will have no adverse effect on governmental/utility easements and uses on the property.
The grant of the revocable permit will allow the Applicant to improve the Property in accordance with the approved design. The encroachments are minimal and will be installed at an appropriate height, allowing for a minimum clearance of 15'.1/2", which permits free pedestrian passage below the fins, eyebrows, and signage and does not obstruct the right-of-way. The encroachment will have to adverse effect on governmental/utility easements and uses on the property.
(5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of the land, structure or building for which the revocable permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or building involved and are not generally applicable to other lands, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structures or building.
b. 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 redevelopment of the Property with a signature building as approved by HPB and PB. The Approved Development will make better use of the property by providing for needed retail use in the area and improving the pedestrian experience in 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 findings shall be made prior to the vote on the application. 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.
Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. To the contrary, it will allow for an improved design upon the Property and a favorable use in the neighborhood.