HomeMy WebLinkAboutR-20-0371City of Miami
Resolution R-20-0371
Legislation
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.
City of Miami Page 1 of 2 File ID: 8016 (Revision:) Printed On: 5/13/2025
File ID: 8016 Enactment Number: R-20-0371
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, ity Attor
ey 11/4/2020
City of Miami Page 2 of 2 File ID: 8016 (Revision:) Printed on: 5/13/2025