HomeMy WebLinkAboutR-23-0129City of Miami
Resolution R-23-0129
Legislation
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.
City of Miami Page 1 of 2 File ID: 13393 (Revision: A) Printed On: 6/27/2025
File ID: 13393 Enactment Number: R-23-0129
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, ity ktor ey 2/28/2023
ndez, ity Attor iey
5/3/2023
City of Miami Page 2 of 2 File ID: 13393 (Revision: A) Printed on: 6/27/2025