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Home My WebLink AboutBack-up DocumentsBERCOW RADELL & FERNAN DEZ ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: [;f VIA HAND DELIVERY September 4, 2013. Dr. Nzeribe "Zerry" Ihekwaba Ph. D., P.E. Director of Public Works, and Supervisor of Plats City of Miami Riverside Center 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 Re: The Moorings Property Owners Association - Proposed fence replacement Dear Dr. Ihekwaba: This lain firm represents the Moorings Property Owners Association. The Mornings intends to replace the existing fence located along Main Highway at approximately Moorings Way, with the improvements more specifically described in the enclosed plans and elevation, entitled "The Moorings", prepared by David O. Landscape Architecture (the "Proposed Plan"). This letter shall serve as The Moorings formal request to the Director of Public Works pursuant to Section 54-191 of the City Code. The Moorings is a private gated residential community in Coconut Grove situated between Biscayne Bay and Main Highway. The Moorings Property Owners Association intends to replace the existing fifteen foot (15') ficus hedge and the dilapidated fence that run parallel to Main Highway and encroaches into the Moorings Court right-of-way, with an attractive coral rock wall that is in keeping and consistent with the character of Main Highway. On August 15, 2013, the City of Miami Planning Department Preservation Section approved a Standard Certificate of Environment for the proposed improvements along Main Highway, which is a Scenic Transportation Corridor (See Exhibit A). The approval was granted based on the Proposed Plans, which are included herewith for your review (See Exhibit B). SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Dr. Nzeribe "Zerry" Ihekwaba Ph. D., P.E. September 4, 2013 Page 2 The existing encroachment was approved as a by the City of Miami. Public Works Department on January 17, 1991, by Luis A. Prieto, the then Director of Public Works (See Exhibit C). More than twenty (20) years later, the fence has become dilapidated and is in need of improvement and repair. Presentiv, Section 54-191 of the Code is applicable as the existing fence is located within the public right-of-way. The Proposed Plan complies with the applicable requirements of this section of the Code as follows: (1) (2) (3) The materials used shall be the same as or substantially similar to those of the fence, wall, hedge, or previously permitted accessory structure being reinstalled, reconstructed or replanted. The materials to be used include steel rebar, substantially similar to the existing fence material and stone. The materials are described in Sheet LC-1 of the plan. Its height, length and width shall not exceed that of the fence, wall, hedge, or previously permitted accessory structure being reinstalled, reconstructed or replanted, The current height of the existing fence combined with the existing ficus hedge is approximately 15 feet. Attached is a photo of the existing condition (See Exhibit D). The Proposed Plan proposes a structure that is 8 feet tall with a maximum of nine feet (9') at the columns. Accordingly, the Proposed Plan does not exceed the height of the existing encroachment. It shall conform to the visibility triangle requirements of the zoning ordinance of the City of Miami in effect at the time the permit was issued. The Proposed Plan does not propose any additional encroachments beyond those previously approved by the Public Works Department by the prior approval. We believe that the proposed coral rock wall is consistent with the character of similar walls along Main Highway within the immediate area, including the Plymouth Congregational Church wall, the Ransom Everglades School wall and The Kampong wall. In fact, one of the things that makes BERCOW RADELL & FERNAN DEZ ZONING, LAND USE ANO ENVIRONMENTAL LAW Dr. Nzeribe "Zerry" Ihekwaba Ph. D., P.E. September 4, 2013 Page 3 Coconut Grove unique and, particularly Main Highway, are the coral rock walls. Attached are various images of existing call rock walls in Coconut Grove for your reference (See Exhibit E). It is also significant to note that, the design and scale of the wall is intended to complement other similar walls while also serving to provide a barrier between the Main Highway traffic and the first line of homes within The Moorings, which directly face Main Highway. This will enhance security and have a favorable effect on the health, welfare and safety of the community. We are similarly not aware of any complaints or reports of problems concerning impediment to travel by vehicles or pedestrians attributed to the previously permitted structure. As a part of this request we would also ask that the Public Works Department continue to waive the encroachment covenant pursuant to the prior approval. For all of the foregoing reasons we request your favorable review and recommendation. Please contact me should you have any questions regarding this matter. BF/ b1 Enclosures Sin Ben Fernandez BERCOW RADELL & FERNAN DEZ ZONING. LAND USE AN ENVIRONMENTAL LAW CIT PLANNING DEPARTMENT PRESERVATION SECTION STANDARD CERTIFICATE OF ENVIRONMENT (COE) SCENIC TRANSPORTATION CORRIDOR/ ENVIRONMENTAL PRESERVATION DISTRICT Mparirris, Main HighAay arrl Mocrirtjs Way, Mani, FL ADDRESS OF PROPERTY OWNER'S NAME OWNER'S DAYTIME PHONE NUMBER OWNER'S ADDRESS, CITY, STATE, ZIP CODE OWNER'S E-MAIL E�1 FLman2ehz, E. 305-377-6235 APPLICANT/AUTHORIZED REPRESENTATIVE (NAME & TITLE) 200 S. Eiscayre R1V3., # 850, MiaTd, FL 33131 APPLICANT'S DAYTIME PHONE NUMBER APPLICANT'S ADDRESS, CITY, STATE, ZIP CODE Attcy APPLICANT'S E-MAIL APPLICANT'S RELATIONSHIP TO OWNER BELOW PROVIDE A DETAILED DESCRIPTION OF PROJECT AND THE REASONS FOR TREE REMOVAL OR RELOCATION. See attached letter. * ve2 S TO b 2 v e v-, o v e (X . NOTE: A COMPLETE CHECKLIST AND INSTRUCTIONS FOR REQUIRED ATTACHMENTS ARE ON REVERSE SIDE COTHER MATERIALS SUBMITTED site Plan OWNER ATTESTATION: I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT ALL INFORMATION PROVIDED IN THIS APPLICATION AND ATTACHMENTS ARE CORRECT SIGN TURE F PROPERT'WNE SIGN TURE OF APPLICAN (IF OT THAN PROPERTY OWNER) DATE August 15, 2013 DATE FOR STAFF USE NLY: APPLICATION #i` ( o TE RECEIVED S( ( \ STAFF INITIALS APPROVED DENIED o APPROVED WITH CONDITIONS: EXHIBIT 6 36" WIDE FAUX COLUMN TAPERED, VENEERED COLUMN WALL FEATURE @ 30' O.C. TOP OF CAP 3" SOLID KEYSTONE WALL CAPS TYP. TOP OF WALL @ 8'-0" HT. . SS. OOLITE STONE WALL ELEVATION 3/4"=1'-0" 2' SOLID CHAMFERED KEYSTONE BASE (ONE PIECE VENEER EA. SIDE) TOP OF CAP GRADE * 'w.01°,1.0 (1) 0 CONSIOnSf Pnaloot 611•44 Sulacelltak Cad R. pnawkea OOUTE STONE WALL ELEVATION m r x. LC-2 DATE' h %Ii Luis A. Prieto—Portar,Ph.D.QP.E. Director of Public Works Department 275 N.W. 2 Street Miami,Fiorida 33128 Dear Dr. Prieto—Portar: Owner's Name: Project Name: Address: Legal Description: Phone: 7-4 /1CGr, ii, /'Pepe°' 1 art) e - ASS/ , ' faev'isect The. Moo, -,,,us (SC-6-2- 4-4-1 2_Gio (pirr, Valdes I Ond 54-105T • and Te�,mp.'a 1 cre":1111r1e;1+-COveAant I hereby request your conside ation in waiving •the building encroachment covenant4requirement as outlined in Chapter 54-48'J/of the City Code. This reqact that the new construction,rreconstructiont is made due to the fremodeling,renovation or repair will not reinforce or create any non —conformity or code violation, and there will be no additional burden placed upon City services. Luat-vz— DepheS, ,o ki lu +(tee e4•I S-h;13 C '10-i rt I:r1� d c .}- J _.-��t�c-�, �n (�roP�,ed e1� {-rance, wall CiniliC'C!'tnc s Wal C� ` (YIL�iti �i 1 ;ail ?' ,Jose. Va ( cle s — Fa° I '� APPLICANT APPROVED: Luis A. Prieto—Portar,Ph.D., P.E. 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