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HomeMy WebLinkAboutresolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miarni, FL 33133 www.ci.miami.fl.us File Number: 05-00439 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN EXISTING WALL ENCROACHMENT BE PERMITTED TO REMAIN WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF CRAWFORD AVENUE ADJACENT TO THE SIDE OF 3730 SOLANA ROAD, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN. WHEREAS, the property owner at 3730 Solana Road, Miami, Florida ("Property"), has made a formal request to the Director of Public Works to permit an existing wall encroachment to remain within the dedicated right-of-way of Crawford Avenue adjacent to said Property; and WHEREAS, the Property owner has furnished a Miami -Dade County Property Appraiser document for the Property attesting to the existence of construction of the wall prior to March 24, 1983, as proof that the wall was built prior to said date; and WHEREAS, the Director of Public Works has researched City of Miami ("City") records and no documented complaints or reports of problems of impediment to travel by vehicles or pedestrians attributed to the wall are contained in said records; and WHEREAS, in accordance with the provisions of Section 54-191 of the Code of the City of Miami, Florida ("City Code"), as amended, the City Commission, after a properly advertised public hearing, may permit an existing wall encroachment to remain within the dedicated right-of-way; and WHEREAS, the City Commission has evaluated the aforesaid request to permit 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 OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission directs that an existing wall encroachment be permitted to remain within the dedicated right-of-way of Crawford Avenue adjacent to the side of the Property conditioned upon: (1) it being in accordance with the findings as set forth herein above; (2) it being subject to the recording of a covenant to run with the land executed by the owner, with said covenant to be prepared by the City to conform with the requirements of Section 54-191 of the City Code, with the payment, by the owner, of the requisite fees for preparation and recording of said covenant; and (3) it having the provision that the public hearing shall be at the expense of the owner. Section 3. This Resolution shall become effective immediately upon its adoption and signature of City of Miami Page 1 of 2 Printed On: 5/9,2017.5 File Number: 05-00439 the Mayor.{1} APPRO D i� FORM AN ' ORRECTNESS/ JORGE . F RNANDEZ CIT' NEY Footnotes : {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. City of Miami Page 2 of 2 Printed On: 5/9/2005