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Home My WebLink AboutR-98-0911J-98-850 8/18/98 RESOLUTION NO. 9 v 9 11 A RESOLUTION, PERMITTING THE UNDAMAGED PORTION OF AN EXISTING WALL ENCROACHMENT AND THE RECONSTRUCTION OF A PORTION OF AN EXISTING WALL ENCROACHMENT ADJACENT TO 3528 ROYAL PALM AVENUE IN THE CITY OF MIAMI, FLORIDA, TO REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY OF POINCIANA AVENUE, SUBJECT TO THE RECORDING OF A COVENANT TO RUN WITH THE LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT COMPLIES WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF MIAMI AND IS EXECUTED BY THE OWNER, AND SUBJECT TO CONDITIONS AS SET FORTH HEREIN. WHEREAS, the property owner at 3528 Royal Palm Avenue in the City of Miami, Florida, has made a formal request to the Director of Public Works to permit reconstruction of an existing wall encroachment to remain within the dedicated right-of-way of Poinciana Avenue adjacent to said property address; and WHEREAS, the property owner has furnished a sworn document dated July 15, 1998, from a person or persons, other than the present owner, familiar with the property, attesting to the existence or construction of the wall prior to March 24, 1983, as proof that the wall was built prior to March 24, 1983; and WHEREAS, the property owner has requested permission to reconstruct less than fifty (50) percent of the existing wall; and WHEREAS, the physical dimensions of the reconstructed wall a"c XMIXG (` SEP 2 8 1998 1woolutlsa Not 98- 911 shall not exceed that of the existing wall and shall be reconstructed with the same material or material substantially similar to that of the existing wall and in conformance with the visibility triangle requirement of the Zoning Ordinance of the City of Miami; and WHEREAS, the Director of Public Works has researched City records and find no documents complaints or reports of problems of impediment to travel by vehicles or pedestrians attributed to the wall; and WHEREAS, in accordance with the provisions of Section 54-105 of the Code of the City of Miami, Florida, as amended, the City Commission, after a properly advertised public hearing, may permit a reconstruction of a portion of an existing wall encroachment to remain within the dedicated right-of-way; and WHEREAS, the City Commission has evaluated the aforesaid request to permit reconstruction of a portion of an existing wall encroachment to remain within the dedicated right-of-way and finds no negative effect on the health, welfare or safety of the community; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 2 98- 911 OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The undamaged portion of an existing wall encroachment and the reconstruction of a portion of an existing wall encroachment adjacent to 3528 Royal Palm Avenue in the City of Miami, Florida, shall be permitted to remain within the dedicated right-of-way of Poinciana Avenue conditioned upon: (1) accordance with the findings as set forth herein above; (2) the recording of a covenant to run with the land executed by the owner, said convenant to be prepared by the City of Miami to conform with the requirements of Section 54-191 of the Code of the City of Miami, as amended, and in a form acceptable to the City Attorney, with the payment, by the owner, of the requisite fees for preparation and recording of said convenant; (3) the provision that the public hearing shall be at the expense of the owner; (4) recording of the convenant including provisions set forth in §54-191(c), (1) through (6) to run with the land, and (5) the owner obtaining a permit, at owner s expense, from the Public Works Department for the reconstruction of said wall. Section 3. This Resolution shall become effective 3 98- 911 immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 28th day of September , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said iegislati; n not becomes effeedve with the elapse of ten (10) day§ from the date of Comn)*sicn action ATTEST: reciarding sane, without the Mayor exert' ng eto. �j" 2 G.'GJ� Waft an, City Clerk WALTER J. FOEMAN CITY CLERK APPROIW1 AS/ TO FORM AND CORRECTNESS :t/ V W2827:BSS:CSK:kc 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 4 98- 911 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUI TO Honorable Mayor and DATE AUG 2 5 !' FILE : Members of the City Commission SUBJECT : Reconstruction of Existing Wall Encroachment - 3528 Royal Palm Avenue FROM radl:d:�HmWarshaw REFERENCES: City Manager ENCLOSURES: Sworn Document Location Map RECOMMENDATION it is respectfully recommended that the City Commission adopt the attached Resolution directing that reconstruction of a portion of the existing wall encroachment be permitted within the dedicated right-of-way of Poinciana Avenue adjacent to the rear of 3528 Royal Palm Avenue. BACKGROUND in response to citizens' requests and in the best interest of the City's communities, the City Commission adopted Ordinance No. 11277 on April 27, 1995, amending Section 54-105 of the City Code to provide a mechanism to permit a portion of existing fence, hedge and wall encroachments into the dedicated right-of-way, constructed prior to March 24, 1983, to be reconstructed. In consideration of his rights under this ordinance, Mr. Robert Granoff, property owner at 3528 Royal Palm Avenue, has submitted a request to the Director of Public works to permit the reconstruction of a portion of an existing wall encroachment from his property into Poinciana Avenue. Since the wall encroaches into the dedicated right-of-way of Poinciana Avenue, this request is being presented to the City Commission along with a sworn document furnished by the owner to prove that the wall was constructed prior to March 24, 1983. The owner has requested that the City permit the reconstruction of the existing wall with physical dimensions not exceeding that of the prior fence and reconstructed with similar material and other material necessary to comply with the visibility triangle requirements of the City's Zoning Ordinance and the South Florida Building Code. A search of City records reveals that no documented complaints or reports of problems of impediment to travel by vehicles or pedestrians attributed to the wall are contained in City records. It is respectfully recommended that the reconstruction of the existing wall encroachment be permitted in the dedicated right-of-way of Poinciana Avenue subject to the Covenant to Run With the Land and payment of fees required by the City Code. ReconstructEncroachmtdoc 98- 911 99. Fax : Jul 15 '98 09:56 P.OI afffbabit COMES NOW EUGENE HANCOCK WHO STATES UNDER OATH. 1) That he lived in Coconut Grove and Miami for Seventy Three year: (73) and now lives at 5252 Sunset Drive, S. Miami, Florida, 33143. 2) Thad t moy mac *yu Umm wets a C mml Ruck wall un both sides of Polnclane Avenue running from Main Hiway to Plaza with the wall almost continuously * m Mein Hiwey to Pkize on the right side end intermittently from Main to Plaza on the loft going from the stabb on Main Hiway and Poinciana to the Church grounds. 3) That the distance between the two Coral Rack w8ft was approA=lely Thirty (30) feet. 4) That part of the Coral Rods wall desc rilmd above was at the rear of the property at 3528 Royal Palen Avenue, which property runt from Royal Palrtt to Poinciana. Further alTu t sayeth naught HANCOCK Sworn to and subscribed before me this 't:f daft of July 1999 Notarial Seal o�*1►Y� RANDALL L. HI : ��,OOMM�SION # GC 6d N IlC ExtIItPS OCT 16, Z001 a i►n nc ► �"co., INC. State of Florida CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Walter J. Foeman DATE : August 3,1998 FILE City CWrk SUBJECT Public Hearing for Wall Encroachments FRO"' James J. K ,Dire r REFERENCES: Public Works Department ENCLOSURES: . Please make arrangements to publish a Notice of Public Hearing for discussions pertaining to permitting a portion of a wall to be reconstructed within the dedicated right-of-way, of Poinciana Avenue adjacent to 3528 Royal Palm Avenue. The public hearing has been scheduled for September 8, 1998. Please charge to index code 310201-287. APPROVED: Eivi Alonso, Agenda Coordinator JJK:UH:mm ReconstructEncroachmt.doc 98 - 911 CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING A public hearing will be held by the Commission of the City of Miami, Florida, on September 8, 1998, at , in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of hearing objections from any interested parties affected by the permitting of a portion of a wall to be reconstructed within the dedicated right-of-way of Poinciana Avenue adjacent to 3528 Royal Palm Avenue. All interested persons are invited to appeal and may be heard concerning the wall encroachment. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be used. walter J. Foeman City Clerk Miami, Florida ReconstructEncroachmt.doc 98- 911