PZ.5 - Approve Waterfront Setback Modification
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A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A MODIFICATION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SUBPART A, SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A PROJECT GENERALLY LOCATED AT 99 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A,” ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
September 24, 2026
Department: Department of Planning
Category: Planning and Zoning
WHEREAS, Iris Escarra, Esquire, on behalf of Lofty Brickell LLC, (“Applicant”) requests from the City of Miami (“City”) a modification of the Waterfront Setback requirements pursuant to Subpart A, Section 3(mm)(iii) of the Charter of the City of Miami, Florida, as amended, (“Charter”) for the property generally located at 99 Southwest 7 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A” (“Property”); and
WHEREAS, the Applicant seeks City Commission approval to permit modifications to the Charter’s Waterfront Setback requirements as further described below; and
WHEREAS, Subpart A, Section 3(mm)(ii) of the Charter requires that developments located along the Miami River from its mouth to the N.W. 5th Street Bridge provide a minimum Waterfront Setback of 50 feet from the seawall (where the depth of the lot is less than 200 feet, the setback shall be at least 25 percent of the lot depth); and
WHEREAS, the Applicant is proposing an approximately 2,736.88 square foot retractable, louver system aluminum pergola to function as a permeable architectural shade element; and
WHEREAS, the proposed pergola may be opened or closed and will serve as a means of weather protection; and
WHEREAS, at its greatest point the proposed pergola will encroach twenty-seven feet and eight and three quarters of an inch (27’8 ¾”), while maintaining the required twenty-five foot (25’) Waterfront Walkway that will be open to the public; and
WHEREAS, Subpart A, Section 3(mm)(iii) of the Charter permits the required setback to be modified by the City Commission after design and site-plan review and public hearing only if the City Commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features; and
WHEREAS, the City Commission has determined that the modification requested provides public benefits, such as direct public access, a public walkway, and weather protection as a part of the development that promote a better urban environment and public advantages; and
WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City to approve with conditions the requested modifications to the required Waterfront Setback as set forth herein because the City Commission has determined those modifications provide public benefits, including those referenced in Section 3(mm)(iii) of the City Charter;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Commission, after design and site-plan review and public hearing in accordance with Section 3(mm)(iii) of the Charter and Article 3, Section 3.11 of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended (“Miami 21 Code”), hereby determines that the modifications to the Waterfront Setback requirements requested by the Applicant provide public benefits which promote a better urban environment and public advantages and hereby approves the modification of the Waterfront Standards requirements for the Project located at approximately 99 Southwest 7 Street, Miami, Florida and as more particularly described in Exhibit “A," attached and incorporated, subject to the following conditions:
1)The site shall be developed in accordance with the plans entitled “Avra Brickell” as prepared by Gordon Dibattisto, Personal Engineer, P.A. No. 82328 (FL), with the City of Miami batch stamp PZ-25-20262.
2)The Applicant shall comply with the required 25-foot Waterfront Walkway that will be open to the public.
3)The retractable, louver system aluminum pergola shall not be extended in one position.
4)Leaving the retractable, louver system aluminum pergola extended may impact lot coverage.
5)This approval is only for those elements discussed herein. Full compliance is required with all other requirements of the Miami 21 Code, the City Code, and all County, State and Federal agencies and regulations.
6)The Applicant shall comply with all applicable requirements as part of the building and permitting process.
7)The Property shall comply with all Building Code regulations and shall not have any open Code violations.
8)The City reserves the right to inspect the Property site to ensure compliance with the conditions as listed.
9)Failure to comply with the conditions herein shall result in the immediate revocation of this Resolution and shall be subject to any fines and penalties pursuant to City Code and any applicable City regulations.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.
WHEREAS, the Applicant seeks City Commission approval to permit modifications to the Charter’s Waterfront Setback requirements as further described below; and
WHEREAS, Subpart A, Section 3(mm)(ii) of the Charter requires that developments located along the Miami River from its mouth to the N.W. 5th Street Bridge provide a minimum Waterfront Setback of 50 feet from the seawall (where the depth of the lot is less than 200 feet, the setback shall be at least 25 percent of the lot depth); and
WHEREAS, the Applicant is proposing an approximately 2,736.88 square foot retractable, louver system aluminum pergola to function as a permeable architectural shade element; and
WHEREAS, the proposed pergola may be opened or closed and will serve as a means of weather protection; and
WHEREAS, at its greatest point the proposed pergola will encroach twenty-seven feet and eight and three quarters of an inch (27’8 ¾”), while maintaining the required twenty-five foot (25’) Waterfront Walkway that will be open to the public; and
WHEREAS, Subpart A, Section 3(mm)(iii) of the Charter permits the required setback to be modified by the City Commission after design and site-plan review and public hearing only if the City Commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features; and
WHEREAS, the City Commission has determined that the modification requested provides public benefits, such as direct public access, a public walkway, and weather protection as a part of the development that promote a better urban environment and public advantages; and
WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City to approve with conditions the requested modifications to the required Waterfront Setback as set forth herein because the City Commission has determined those modifications provide public benefits, including those referenced in Section 3(mm)(iii) of the City Charter;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Commission, after design and site-plan review and public hearing in accordance with Section 3(mm)(iii) of the Charter and Article 3, Section 3.11 of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended (“Miami 21 Code”), hereby determines that the modifications to the Waterfront Setback requirements requested by the Applicant provide public benefits which promote a better urban environment and public advantages and hereby approves the modification of the Waterfront Standards requirements for the Project located at approximately 99 Southwest 7 Street, Miami, Florida and as more particularly described in Exhibit “A," attached and incorporated, subject to the following conditions:
1)The site shall be developed in accordance with the plans entitled “Avra Brickell” as prepared by Gordon Dibattisto, Personal Engineer, P.A. No. 82328 (FL), with the City of Miami batch stamp PZ-25-20262.
2)The Applicant shall comply with the required 25-foot Waterfront Walkway that will be open to the public.
3)The retractable, louver system aluminum pergola shall not be extended in one position.
4)Leaving the retractable, louver system aluminum pergola extended may impact lot coverage.
5)This approval is only for those elements discussed herein. Full compliance is required with all other requirements of the Miami 21 Code, the City Code, and all County, State and Federal agencies and regulations.
6)The Applicant shall comply with all applicable requirements as part of the building and permitting process.
7)The Property shall comply with all Building Code regulations and shall not have any open Code violations.
8)The City reserves the right to inspect the Property site to ensure compliance with the conditions as listed.
9)Failure to comply with the conditions herein shall result in the immediate revocation of this Resolution and shall be subject to any fines and penalties pursuant to City Code and any applicable City regulations.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.