HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #13393
Date: 01/26/2023
Commission Meeting Date: 03/09/2023
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Approve Existing Fence on Dedicated Right -of -Way
Purpose of Item:
A resolution of the Miami City Commission approving an existing fence to remain within
the dedicated right-of-way area of Northeast 67 Street at 728 NE 67 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 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.
Background of Item:
The property owner at 728 NE 67 Street, Miami, Florida has made a formal request to
the Director of the Resilience and Public Works Department ("Resilience and Public
Works") to allow an existing fence to remain within the dedicated right-of-way area of
NE 67 Street at 728 NE 67 Street. The Director of Resilience and 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. The property owner has furnished records from the City of Miami's Building
Department under permit numbers 03-5003897, 04-5024852 and 04-5024853 showing
the existing wood fence. 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.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Reviewed B
Department of Resilience and Public Works
Review Completed 02/28/2023 9:38 AM
Juvenal Santana Department Head
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Marie Gouin
Nzeribe Ihekwaba
Arthur Noriega V
Valentin J Alvarez
Elizabeth Hernandez
Victoria Mendez
Maricarmen Lopez
Valentin J Alvarez
Elizabeth Hernandez
Victoria Mendez
City Clerk's Office
Budget Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Legislative Division Review
ACA Review
Approved Form and Correctness
Rendered
Completed 02/28/2023 12:29 PM
Completed 02/28/2023 1:38 PM
Completed 02/28/2023 2:00 PM
Completed 02/28/2023 4:45 PM
Completed 02/28/2023 6:34 PM
Completed 02/28/2023 6:41 PM
Completed 03/09/2023 9:00 AM
Completed 03/29/2023 11:30 AM
Completed 03/31/2023 11:40 AM
Completed 05/03/2023 9:03 AM
Completed 05/05/2023 12:32 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0129
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13393 Final Action Date:3/9/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXISTING
FENCE TO REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY AREA OF
NORTHEAST 67 STREET AT 728 NORTHEAST 67 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 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 ("CITY") 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 728 Northeast 67 Street, Miami, Florida ("Property")
has made a formal request to the Director of the Resilience and Public Works Department
("Resilience and Public Works") to allow an existing fence to remain within the dedicated right-
of-way area of Northeast 67 Street at 728 Northeast 67 Street, Miami, Florida adjacent to said
Property; and
WHEREAS, the Director of Resilience and 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, the property owner has furnished records from the City's Building
Department under permit numbers 03-5003897, 04-5024852 and 04-5024853 showing the
existing wood 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 Northeast 67 Street at 728 Northeast 67 Street, Miami, Florida
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.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 2/28/2023
ndez, City Attor ey ) 5/3/2023