HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8016
Date: 10/08/2020
Commission Meeting Date: 11/19/2020
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Direct - Allow Existing Fence to Remain
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s) and authorizing the City
Manager, 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 29
Street adjacent to 3281-3283 SW 29 Street.
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 3281-3283 SW 29 Street has submitted a request to the Director of Resilience and
Public Works to allow the existing fence to remain within the dedicated right of way area
of SW 29 Street adjacent to the property. Since the fence encroaches into the
dedicated right of way area of SW 29 Street, 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 1979. City of Miami
Wood Fence permit approved on February 7, 1979. 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
Reviewed B
Department of Resilience and Public Works
Review Completed 10/08/2020 3:49 PM
Office of Management and Budget Donovan Dawson
Office of Management and Budget Christopher M Rose
Juvenal Santana Department Head
Budget Analyst Review
Budget Review
Completed 10/08/2020 9:41 PM
Completed 10/09/2020 5:10 AM
City Manager's Office Arthur Noriega V City Manager Review Completed 10/09/2020 12:01 PM
City Manager's Office Nzeribe Ihekwaba Assistant City Manager Review Completed 10/09/2020 2:05 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/26/2020 10:30 AM
Office of Zoning Daniel Goldberg ACA Review Completed 10/28/2020 7:53 PM
Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 10/29/2020 7:43 AM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 11/04/2020 4:30 PM
City Commission Nicole Ewan Meeting Completed 11/19/2020 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 11/23/2020 5:57 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0371
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8016 Final Action Date:11/19/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXISTING
FENCE TO REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY AREA OF
SOUTHWEST 29TH STREET, MIAMI, FLORIDA ADJACENT TO THE PROPERTY
LOCATED AT 3281-3283 SOUTHWEST 29TH STREET, 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 BEING EXECUTED AND
RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA BY
THE PROPERTY OWNER WITH SAID COVENANT TO BE IN ACCORDANCE WITH
SECTION 54-191 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
INCLUDING, BUT NOT LIMITED TO, A HOLD HARMLESS, INDEMNIFICATION, AND
INSURANCE FROM THE PROPERTY OWNER IN FAVOR OF THE CITY OF MIAMI
WITH PAYMENT BY THE PROPERTY OWNER OF THE REQUISITE FEES FOR THE
PREPARATION AND RECORDING OF THE COVENANT.
WHEREAS, the property owner of 3281-3283 Southwest 29th Street, Miami, Florida
("Property") has made a formal request to the Director of the Department of Resilience and
Public Works ("RPW') to allow an existing fence to remain within the dedicated right-of-way
area of Southwest 29th Street adjacent to the Property; and
WHEREAS, the property owner has furnished records from the Miami -Dade County
Office of the Property Appraiser providing evidence that the fence was constructed in 1979 as
well as City of Miami ("City") building permit #79-1212 approved on February 5, 1979 for
construction of the same; and
WHEREAS, the Director of RPW has researched all 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, 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 29th Street, 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 being 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, but not limited to, 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.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 11/4/2020