HomeMy WebLinkAboutR-11-0265City of Miami
Legislation
Resolution: R-11-0265
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00494 Final Action Date: 6/23/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN
EXISTING, PREVIOUSLY PERMITTED ACCESSORY STRUCTURE, CONSISTING
OF A PORTION OF A SWIMMING POOL, POOL MAINTENANCE SHED, WOOD
FENCE, CONCRETE WALL AND ROCK WALL, BE PERMITTED TO REMAIN
WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF LA PLAYA BOULEVARD
AND VENTURA AVENUE ADJACENT TO 3909 LA PLAYA BOULEVARD, MIAMI,
FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN.
WHEREAS, the property owner at 3909 La Playa Boulevard, Miami, Florida ("Property"), has
made a formal request to the Director of Public Works to permit an existing, previously permitted
accessory structure, consisting of a portion of a swimming pool, pool maintenance shed, wood fence,
concrete wall and rock wall ("Accessory Structure") to remain within the dedicated public right-of-way
of La Playa Boulevard and Ventura Avenue adjacent to said Property; and
WHEREAS, the Property owner has furnished a City of Miami Building Department Certificate of
Occupancy No. 5544 dated December 29, 1955, for the Accessory Structure and a City of Miami Real
Property Record dated July 11, 1956, showing the location of the Accessory Structure as proof that
the Accessory Structure was permitted and built prior to March 24, 1983; 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 Accessory Structure 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, previously permitted Accessory Structure to remain within the dedicated
right-of-way; and
WHEREAS, the City Commission has evaluated the aforesaid request to permit an existing,
previously permitted Accessory Structure 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, previously permitted Accessory Structure
be permitted to remain within the dedicated right-of-way of La Playa Boulevard and Ventura Avenue
adjacent to 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
City of Miami
Page 1 of 2 File Id: 11-00494 (Version: 11 Printed On: 10/11/2017
File Number: 11-00494 Enactment Number: R-11-0265
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
the Mayor.{1}
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 File Id: 11-00494 (Version: 11 Printed On: 10/11/2017