HomeMy WebLinkAboutItem #42 - Discussion Item:;TYI, OF 10IAM1, FLORMA
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-J Howard V. Gary ��� -'pf� March 2, 1082
City Manager t� . /h
Yersonsl Appearance - Michel i.
Anderson, Esq. - Air Rights at
315 N. E. Second Avenue
Donald W. CatherFor Commission Meeting
Dire
f'Cr for of P bof March 11, 1982�
ENCL}GVPES
N.B.E. Partners, Ltd., through their attorney, Michel E.
Anderson, has requested that the City7 permit construction of
a second -floor balcony extending over the right of way at
315 N. E. Second Avenue. This request is in direct conflict
with the South Florida Building Code and the City Zoning
Ordinance - Ordinance 6871, June 2, 1961 (repealing
Ordinance 1682, circa 1937). The City Administration and
this Department have recommended against the construction of
this overhang. There is an existing Florida Power and Light
duct line under the sidewalk of N. E. Second Avenue, which
would lie directly under the proposed projection. We also
have questions as to the potential liability in the event that
an object falls or is thrown from the overhang to the side:,ralk.
Pair. Anderson submitted photographs of some buildings in down-
town Miami which have projections that he alleges are similar
in nature to his client's request. He has also referred to
some other locations in a letter to the Department of Public
Works dated December 2, 1981. The staff has reviewed both
the letter and the phoL graphs, and offer the following informa-
tion:
Referring to Pair. Anderson's letter of December 2 above, Jefferson
Stores, Biscayne Boulevard at PJ. E. 15 Street, was given per-
mission for an enclosed pedestrian overpass joining, their store
building with a proposed garage structure. This permission was
granted by the City Commission by Resolution 77-353, passed
April 27, 1977. This pedestrian overpass was never built.
It is the Department's opinion that if Jefferson Stores wished
to proceed now, it would be advisable for the Commission to
rehear this item.
Again in the same letter, the development orders for the projects
at Dupont Plaza were mentioned. The development orders for both
the Southeast Bank and the Gould projects in Dupont Fla, -:,a call for
the construction of upper level walkways and pedestrian over-
passes to connect the various projects. The concern in this
case was to remove the future heavy pedestrian traffic from tl-e
surface streets to allow safer and more efficient pedestrian
and vehicular traffic circulation.
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Parse 1 of 3 %"'�
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Howard V. Gary March 2, 1982
The photographs submitted by Mr. Anderson were reviewed, and
the Departmentts files were researched for each location.
The staff discovered the following information;
1. Burdines Department Store. The City received
by deed dated August 2 , 1936,the sidewalk area
along South First Street, with the reservation
by Burdines of the right to maintain the
existing arcade. The City Commission also, by
Resolution 18674 passed and adopted November 27
1944, gave permission to Burdines to construct
the existing enclosed overpass across South
Miami Avenue connecting their second building
and also a tunnel connecting the basements of
these buildings. The resolution calls for
indemnification of the City and for demolition
or removal of these structures if this became
necessary for the health, welfare, and safety
of the public.
2. Miami Rug Company. The City received an ease-
ment,dated November 2, 1936,to construct a
sidewalk along S. 11. First Street, with the
condition that the owner retain the right to
construct a building or arcade projecting over
this easement.
3. F. W. Woolworth Company. The City received an
easement,dated September 9, 1927,to construct
a sidewalk, with a reservation on the part of
the owner that the owner be allowed to provide
an arcade over the sidewalk.
4. Urme,y Hotel. Again, the easement for the side-
walk, dated May 18, 1933, contained a condition
that the existing arcade remain.
5. Langford Building*. We have no record in our
files pertaining to this arcade.
6. Hotel Colon. We have no record of any deed or
agreement pertaining to this property.
7. Continental Bank. The projection over the side-
walk is an architectural treatment, provided
for in Section 3603.6 of the South Florida
Building Code, which can be removed without
damage to the building structure. (Canopies
are permitted in code.)
PaF7e 2 of 3
8. Capital Mall. This overhang is a canopy or
marquee as permitted under Section 3603.3 of
the South Florida Building- Code.
9. Immigration and Naturalization Building.
The five-foot ;vide overhang beyond the base
building line was permitted by special action
of the City Commission. The structure is
totally enclosed, with no possibility of
extraneous objects falling or being thrown
to the sidewalk.
10. Roberts Parking Garage. We have no record
of any easement or special action by the
Commission providing for the existing over-
hang.
This Department is still of the opinion that the request for
the proposed balcony at 315 N. E. Second Avenue be denied.
GVC:hc
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