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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01234 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN
EXISTING, PREVIOUSLY PERMITTED FENCE, BE PERMITTED TO BE REPLACED
WITH A WALL TO BE REINSTALLED AND REMAIN IN THE DEDICATED PUBLIC
RIGHT-OF-WAY OF MAIN HIGHWAY ADJACENT TO THE MOORINGS
SUBDIVISION, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH
HEREIN.
WHEREAS, the Moorings Property Owners Association, Miami, Florida, has made a formal
request to the Director of the Public Works Department ("Director") to permit an existing, previously
permitted fence, be permitted to be replaced with a wall, permitted to be reinstalled, and to remain in
the dedicated public right-of-way of Main Highway adjacent to the Moorings Subdivision; and
WHEREAS, the property owners' association has furnished a City of Miami ("City") Public
Works waiver of a building encroachment covenant and temporary encroachment covenant showing
that the existing fence had been previously accepted at its current location in 1991; and
WHEREAS, the Director has researched City records and has not found any documented
complaints or reports of problems of impediment to travel by vehicles or pedestrians attributed to the
fence; and
WHEREAS, Main Highway is a scenic transportation corridor and includes Bicycle Route 1;
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 public hearing, may permit an
existing, previously permitted fence to be replaced with a wall and remain within the dedicated
right-of-way; and
WHEREAS, the City Commission has evaluated the aforesaid request to permit an existing
previously permitted fence to be replaced with a wall and remain within the dedicated right-of-way and
finds no negative effect of 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 fully set forth in this Section.
Section 2. The City Commission directs that an existing previously permitted fence located
within Main Highway adjacent to the Moorings Subdvision, Miami, Florida, be replaced with a wall
conditioned upon: (1) it being in accordance with the findings set forth herein above; (2) it being
subject to the recording of a covenant to run with the land in a form acceptable to the Director and
approved by the City Attorney which meets the provisions set forth in Section 54-191(c) of the City
City of Miami Page 1 of 2 File Id: 13-01234 (Version: I) Printed On: 11/4/2013
File Number: 13-01234
Code, showing that the existing fence had been previously accepted at its current location in 1991;
and (3) it be in compliance with City Zoning regulations.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. (1}
APP'OVED AS TO FORM
AND CORRECTNESS:
VICTORIA MENDEZ
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: 13-01234 (Version: 1) Printed On: 11/4/2013