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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #3863 Date: 03/23/2018 Commission Meeting Date: 04/26/2018 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 Type: Resolution Subject: Approve Existing Encroachment of Fence - SW 37th Avenue and Bougainvillea Road Purpose of Item: A Resolution, in accordance with Section 54-191(b) of the City Code directing that an existing fence be allowed to remain within the dedicated right of way area of SW 37 Av and Bougainvillea Rd adjacent to 3699 Bougainvillea Rd. Background of Item: City Code Section 54-191(b) provides mechanism to allow an existing fence to remain within the dedicated right of way area if the said fence was built prior to March 24, 1983. In consideration of the rights under the City Code Section 54-191(b), the property owner at 3699 Bougainvillea Rd has submitted a request to the Director of Public Works to allow the existing fence to remain within the dedicated right of way area of SW 37 Av and Bougainvillea Rd adjacent to the property. Since the fence encroaches into the dedicated right of way area of SW 37 Av and Bougainvillea Rd, this request is being presented to the City Commission along with the following documents. Miami -Dade County Tax Assessment Department's records providing evidence that the fence was built in 1976. Sworn affidavits from neighbors who are familiar with the property attesting to the existence of the fence prior to March 24, 1983. Neighborhood petitions confirming that the existing fence is an integral part of the neighborhood tradition and is consistent with the overall character of the Coconut Grove community. Additionally, the neighbors agree that the fence does not obstruct any vehicular or pedestrian traffic or prevent utility access. A search of City records reveals that no documented complains or reports of problems of impediment to travel by vehicles or pedestrians attributed to the fence. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney City Commission Office of the City Attorney Office of the Mayor Office of the City Clerk Office of the City Attorney Office of the City Clerk Reviewed B Works 03/23/2018 1:36 PM Donovan Dawson Christopher M Rose Nzeribe Ihekwaba Nzeribe Ihekwaba Valentin J Alvarez Valentin J Alvarez Maricarmen Lopez Barnaby L. Min Mayor's Office City Clerk's Office Victoria Mendez City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Meeting Deputy City Attorney Review Completed Completed Completed Completed Completed Skipped Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Approved Form and Correctness Completed Rendered Completed 03/27/2018 10:20 AM 03/28/2018 8:58 AM 03/28/2018 1:31 PM 04/03/2018 3:32 PM 04/11/2018 4:48 PM 04/12/2018 8:03 PM 04/26/2018 9:00 AM 04/26/2018 11:35 AM 05/01/2018 4:53 PM 05/01/2018 5:17 PM 05/03/2018 3:25 PM 05/03/2018 3:40 PM City of Miami Legislation Resolution Enactment Number: R-18-0172 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3863 Final Action Date:4/26/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXISTING FENCE TO REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY AREA OF SOUTHWEST 37 AVENUE AND BOUGAINVILLEA ROAD, MIAMI, FLORIDA ADJACENT TO THE PROPERTY LOCATED AT 3699 BOUGAINVILLEA ROAD, MIAMI, FLORIDA SUBJECT TO (1) THE FENCE BEING IN COMPLIANCE WITH THE FINDINGS AS SET FORTH HEREIN AND (2) A COVENANT RUNNING WITH THE LAND BE EXECUTED AND RECORDED IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA BY THE PROPERTY OWNER WITH SAID COVENANT TO BE PREPARED BY THE CITY OF MIAMI PURSUANT TO SECTION 54-191 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCLUDING A HOLD HARMLESS, INDEMNIFICATION, AND INSURANCE FROM THE PROPERTY OWNER IN FAVOR OF THE CITY WITH PAYMENT BY THE PROPERTY OWNER OF THE REQUISITE FEES FOR THE PREPARATION AND RECORDING OF THE COVENANT. WHEREAS, the property owner at 3699 Bougainvillea Road, Miami, Florida ("Property") has made a formal request to the Director of the Public Works Department ("Public Works") to allow an existing fence to remain within the dedicated right-of-way area of Southwest 37 Avenue and Bougainvillea Road, Miami, Florida adjacent to said Property; and WHEREAS, the property owner has furnished records from the Miami -Dade County Tax Assessment Department showing that the fence was built in 1976; sworn affidavits from neighbors who are familiar with the property attesting to the existence of the fence prior to March 24, 1983; and neighborhood petitions confirming that the existing fence is an integral part of the neighborhood tradition and is consistent with the overall character of the Coconut Grove community; and WHEREAS, additionally, the neighbors agree that the fence does not obstruct any vehicular or pedestrian traffic or prevent utility access; and WHEREAS, the Director of Public Works has researched City of Miami ("City") records and found no documented complaints or reports of problems of impediment to travel by vehicles or pedestrians attributed to the fence; and WHEREAS, in accordance with Section 54-191(b) of the Code of City of Miami, Florida, as amended ("City Code"), the City Commission, after a properly advertised public hearing, may approve the existing fence to remain within the dedicated right-of-way area; and WHEREAS, the City Commission has evaluated the aforesaid request to allow an existing fence to remain within the dedicated right-of-way area and finds no negative effects 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 approves an existing fence to remain within the dedicated right-of-way area of Southwest 37Avenue and Bougainvillea Road, Miami, Florida adjacent to the Property subject to (1) the fence being in compliance with the findings as set forth herein and (2) a covenant to run with the land executed and recorded in the public records of Miami -Dade County, Florida by the property 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, indemnification, and insurance from the owner in favor of the City and the provision of an insurance policy in favor of the City with the payment by the owner of the requisite fees for the preparation and recording of said covenant. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 5/3/2018 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.