HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00850 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN
EXISTING, PREVIOUSLY PERMITTED WOOD FENCE, BE PERMITTED TO BE
REINSTALLED AND A PORTION OF AN EXISTING CAR PORT, REMAIN WITHIN
THE DEDICATED PUBLIC RIGHT-OF-WAY OF LOQUAT AVENUE ADJACENT TO
3686 LOQUATAVENUE, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS
SET FORTH HEREIN.
WHEREAS, the property owner at 3686 Loquat Avenue, Miami, Florida ("Property"), has made a
formal request to the. Director of the Public Works Department to permit an existing, previously
permitted wood fence to be reinstalled and a portion of an existing car port remain within the
dedicated public right-of-way of Loquat Avenue adjacent to said Property; and
WHEREAS, the Property owner has furnished a City of Miami Building record showing that the
original wood fence was constructed in 1950, a sworn affidavit attesting to the existence of the car port
prior to March 24, 1983, a survey or the original wood fence showing their location within the dedicated
right-of-way of Loquat Avenue, and several photos showing the remaining portions of the original wood
fence and the reinstalled fence in the same location as the previously permitted wood fence, as proof
that the wood fence was constructed 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 wood fence or the car port 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, as amended ("City Code"), the City Commission, after a properly advertised public hearing,
may permit an existing, previously permitted wood fence to be reinstalled and a portion of an existing
car port to remain within the dedicated right-of-way; and
WHEREAS, the City Commission has evaluated the aforesaid request to permit an existing,
previously permitted wood fence to be reinstalled and a portion of an existing car port 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 wood fence be
permitted to be reinstalled and a portion of an existing car port remain within the dedicated right-of-way
of Loquat Avenue adjacent to the Property conditioned upon: (1) it being in accordance with the
City of Miami Page 1 of 2 File Id: 11-00850 (Version: 1) Printed On: 9/28/2011
File Number. 11-00850
findings as set forth herein above; (2) it being subject to the recording of a covenant to run with the
land executed and recorded in the public records 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, including, without
limitation, a hold harmless provision from the owner in favor of the City and the provision of an
insurance policy in favor of the City, all as specified in,said Section•54-191, 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}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
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: 11-00850 (Version: 1) Printed On: 9/28/2011