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2009-27068 Reso COMMISSION ITEM SUMMARY Condensed Title: Resolution setting a public hearing on June 3,2009 to consider a Revocable Permit request by Mr. Ira Elegant to retain the Northeastern portion of a carport, built within and over a portion of the public right of way along North View Drive within Sunset Island No.1 and previously permitted in 1986 Key Intended Outcome Supported: Increased Satisfaction with Neighborhood Character Supporting Data (Surveys, Environmental Scan, etc.): Appendix A/Site Survey 2007 Community Satisfaction Survey reports fairness and consistency in Code Enforcement as key driver Issue: Shall a Public Hearing be scheduled for June 3, 2009? Item Summary/Recommendation: Pursuant to City Code, charter 82,Article III, Division 2, upon receipt of a Revocable Permit application,the City Commission shall schedule a public hearing to consider the request for a Revocable Permit. Mr. Ira Elegant, owner of the property located at 1360 North View Drive has completed an application for a Revocable Permit to retain the Northeastern portion of a carport, built within and over a portion of the public right of way along North.View Drive within Sunset Island No.1 and previously permitted in 1986. The Administration recommends that a public hearing be scheduled for June 3, 2009. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 1 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Fernando Vazquez, Public Works 6399 Sign-Offs: Departme. Director Assistant City Manager City Manager _ TH JMG F:\work MPLOYEE FOLDERS\JANEAN MALDONADO\Forms\Blank Commission Summary Form.doc • MIAMIBEACH AGENDA ITEM G767" DATE 5-13-of CSA- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov MEMO# COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 13, 2009 SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,SETTING A PUBLIC HEARING ON JUNE 3,2009 TO CONSIDER REVOCABLE PERMIT REQUEST BY MR. IRA M. ELEGANT, AS OWNER OF THE RESIDENTIAL PROPERTY LOCATED AT 1360 NORTH VIEW DRIVE,TO RETAIN THE NORTHEASTERN PORTION OF A CARPORT, BUILT WITHIN AND OVER A PORTION OF THE PUBLIC RIGHT-OF-WAY ALONG NORTH VIEW DRIVE IN SUNSET ISLAND NO. 1 AND PREVIOUSLY PERMITTED IN 1986. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution setting a public hearing on June 3, 2009. BACKGROUND Mr. Elegant and his late wife purchased the property located at 1360 North View Drive (W. 29 Street) Sunset Island No. 1, in 1986. After the property was purchased, plans were submitted for the construction of a triple carport in the front of their house,which faced North View Drive, formerly identified as W. 29 Street, see Attachment A. The applicant then applied for a Revocable Permit for a de-minimus extension of the carport roof into City owned air-space.The physical encroachment in the right of way measures as a right triangle a total area of 44 square feet, see Attachment B. The matter was then brought forth and considered by the City Commission, and a Revocable Permit was granted to the property owners on September 29, 1986 through Resolution No.86-18587. The Revocable Permit was granted for 20 years; however,the permit expired in 2006,see Attachment C. In 2006, the applicant did not seek a renewal of this revocable permit. Through the years,the carport has been maintained in good condition.The carport is as was originally built and no variations, additions or reductions have been performed on the permitted encroachment. Mr. Elegant indicated to City that his property is currently under contract and his sale is pending upon the resolution of this issue. The Applicant has also suggested that he will not be able to close his property until this issue is resolved. Mr. Elegant has also asked that the extension, renewal, or granting of the Revocable Permit be also extended to the future buyer, following the sale of his property. CONCLUSION The Administration recommends approval of the Resolution setting a public hearing on June 3, 2009. 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RESIDENCE NO.1360 s,,/ .i/ , LOT 1,BLOCK 1 J/ 1 P.B. 23 s t /i Vt � Oli I SKETCH OF SURVEY SCALE: EXHIBIT "A” LEGAL DESCRIPTION A portion of land bounded by the North and West property line of Lot 1, Block 1 and bounded by the center lines of West 29th Street and Lake Avenue, as shown in SUNSET LAKE EXTENSION, Plat Book 40, Page 23, Public Records of Miami—Dade County, Florida. F:\work\S ALL\CAD-DWG\PROJECTS\SM\SM-2009V(As Built 1360 North View Drive) MIAM1BEACH APPROVED REVISED TITLE: 1 PUBLIC WORKS DEPARTMENT oe,04,2009 SKETCH OFSURVEY SHEETLOF 1 1700 CONVENTION CENTER DRIVE,MIAMI BEACH,FL33139 4 ► CARPORT CANOPY 4/,• ,,,/,'"/;,"'*-tv/i/J?•#/-*///4.7A" . R/W TOTAL AREA 44 SQ. FT. SKETCH OF SURVEY SCALE:1=5' EXHIBIT "B" LEGAL DESCRIPTION A portion of land bounded by the North and West property line of Lot 1, Block 1 and bounded by the center lines of West 29th Street and Lake Avenue, as shown in SUNSET LAKE EXTENSION, Plat Book 40, Page 23, Public Records of Miami—Dade County, Florida. F:\work\$ALL\CAD-DWG\PROJECTS\SM\SM-2009V(As Built 1360 North View Drive) el /v\I ® A ACH APPROVED REVISED TITLE PUBLIC WORKS DEPARTMENT 05/04/2009 EXHIBIT B SHEETJ_OF 1 1700 CONVENTION CENTER DRIVE,MIAMI BEACH,FL33139 RESOLUTION NO. 86-18587 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF • MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A REVOCABLE PERMIT BETWEEN THE CITY OF MIAMI BEACH AND IRA AND SHARON ELEGANT FOR THE MAINTENANCE OF A CARPORT IN A PORTION OF. THE RIGHT-OF-WAY OF 1360 WEST 29TH STREET, SUNSET ISLAND#1 WHEREAS,the City,wishes to execute a Revocable Permit between the City of Miami Beach and Ira and Sharon Elegant for the maintenance of a carport in a portion of the right-of-way of 1360 West 29th Street,Sunset Island#1. WHEREAS,a Revocable Permit has been prepared and the City Manager has recommended its execution and the City Attorney has approved it as to form. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and the City Clerk are authorized and directed to execute the Revocable Permit for the maintenance of a carport in a portion of the right-of-way of 1360 West 29th Street, Sunset Island#1. PASSED AND ADOPTED this. 17th day of September,1986. 40 /1 Mayo Attest: City Clerk FORM APPROVED firdiSAIM. - LEGAL DEPARTMENT ?` • - 1 1 EXHIBIT "C" 198t OCT -9 Pfd 56 (.)6 R 3 4 9 6 0 3 4 OA_ REVOCABLE PERMIT .°mac: I 3041PG 1 l2 THIS AGREEMENT,made on this 29th day of September .,1986,by and between the CITY OF MIAMI BEACH,hereinafter called the"City"and Ira and c Sharon Elegant hereinafter called the"Permittee": ":_' IVITNESSETH 3 ,�, - ": C) That the City,for and in consideration of the restrictions and covenants n - herein contained,hereby permits the exclusive use of a City.right-of-way easement 3 • , - r. as described in Exhibit A attached hereto for the period of twenty (20) years - OD commencing on sprremt,Pr 24 , 1986; but shall automatically terminate at such time as the existing carport roof deteriorates or is removed. This permit shall not apply to any replacement carport roof. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: covenants,warranties and agreements That the recitations,statements, c g hereinabove captioned and set forth hereinabove and in the attached articles are true and binding upon the respective parties hereto. ARTICLE I USE OF DEMISED PREMISES.BY PERMITTEE The Permittee shall use the demised premises for the maintenance of an existing carport roof along a portion of right-of-way of 1360 West 29th Street, Sunset Island #1 in the exact configuration as described in Exhibit A,. attached hereto and incorporated herein, only if approved by the City Commission or other City Agency. ARTICLE II IMPROVEMENTS BY PERMITTEE The Permittee shall.have sole responsibility for obtaining all regulatory approvals, permits or licenses required for the maintenance of such improvements upon the demised premises. All Improvements made by the Permittee shall be removed from the premises at the expiration or termination of this permit. Removal by the City of any improvements made by the Permittee shall be at the sole expense of the Permittee and governed by Article XI hereunder. ARTICLE HI CONDYTION OF PREMISES AND MAINTENANCE The Permittee,at its own expense,shall cause the demised premises to be in a state of good condition from the commencement of this permit. The Permittee shall maintain and keep the entire demised premises in a neat, clean condition, free of refuse and debris. Determination of the condition of said d -7t premises shall be made by the City. "e s,/„.` ` .,A,-41..) ?Le /- ti oi 4.,ce• :, .,,,,,t,,,),„.Lk) ..... ,-.Q7,4,---, ,,,, , 72/4, eli4D7 , • 0 ARTICLE IV INDEMNIFICATION AND HOLD HARMLESS The Permittee does hereby agree to indemnify and save the City harmless from any and all claims, liability, losses, damages and causes of actions which may:arise out of this revocable permit, or the Permittee's activity on the demised premises. ARTICLE V NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved on the demised premises shall be at the risk of the Permittee or the owner thereof. The City shall not be liable to the Permittee or owner for any damage to said personal property. ARTICLE VI CITY'S RIGHT OF ENTRY The City or any of its agents, shall have the right to enter upon the demised premises during all reasonable working hours for the purpose of inspecting or to gain access to or repair. any utilities located within any City right-of-way. Such right of entry shall, likewise, exist for the purpose.of'removing structures, improvements or alterations which do not conform to this permit. Any removal of the above, or damage to the allowed improvement made by the .City and necessitated by the Permittee's use of said premises,shall be at the sole expense of the Permittee. Further,the City shall not be responsible for the restoration of the premises; In the event such is damaged by the City in order to Inspect, repair or gain access to its utilities located on the land which is the subject of this revocable. permit. Additionally, any expenses incurred by the City, but not paid by the Permittee, in removing such improvements:or landscaping shall become a lien upon the Permittee's abutting property,which may be foreclosed within one year of its filing. ARTICLE VII REVOCATION AND TERMINATION OF PERMIT It is understood and agreed between the parties hereto, that the City may, upon ninety (90) days written notice to the Permittee, cancel or terminate this permit if the City in its sole discretion needs the property. This permit shall automatically terminate at such time as the existing carport roof becomes deteriorated or is removed. 3: I3Q4flG 1 74 ARTICLE VIII NOTICES It is understood and agreed between the.parties hereto that written notice addressed to Permittee Ira and Sharon Elegant, 1360 West 29th Street, Sunset Island #1, shall constitute sufficient notice to the Permittee, and written notice addressed to the City Manager and mailed or delivered to the City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,shall constitute sufficient notice to the City to.comply with the terms of this permit.. ARTICLE IX ASSIGNMENT Without the written consent of the City first obtained in each case,the Permittee shall not sublet, assign, transfer, mortgage, pledge, or dispose of this permit for the term hereof. ARTICLE X PAYMENT OF EXPENSES It is understood and agreed between the parties hereto that all fees for issuances of this Revocable Permit,including recordation thereof,shall be borne by the Permittee. ARTICLE XI SURRENDER OF PREMISES At the expiration of this permit or cancellation thereof, Permittee shall, without demand, quietly and peaceably deliver possession of the demised premises free of any walls, fences or other like fixtures. The Permittee shall be responsible for the expenses of putting the premises in said condition. If said premises are not in such condition,at the expiration or cancellation of this permit, Permittee hereby agrees to allow the City to restore the premises to such condition. The expenses incurred by the City in so doing shall become a lien upon the Perrnittee's abutting property and may be foreclosed within one year from the filing of such a lien. PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY READ THE FOREGOING REVOCABLE PERMIT AND KNOWS THE CONTENTS THEREOF AND FULLY REALIZES ITS MEANING AND SIGNS THIS REVOCABLE PERMIT OF HIS OWN FREE WILL. . . . • • 0 0 13047PG 175 • IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first above written. CITY OF MI' I BE -H BY /f' 41 i ffi ay.r - • , ...• . , .! .;• ...,--- ci-: " : 446„.... -.11` 4, lerk?LI i - :Lt, . - c4i f. ;'•__. .6. .-- -' --F-; e 4 • 1 ..•• ' . '''' ' . • ' • . t • '.. .0 4.••°,'S'el,\- A 0, *_.77/.4, Witness " . AIZ-GEI4; Witness f„, tit SWORN TO AND SUBSCRIBED before me this 2 7 day of -, . ..-‘-'1 .. P.....::.,4, .....:....._e,....,, 3;1211r/714(F ,1986. 41.4‘ .. ,e... • ..b.,;. .., v .;4/1 I••,'-`4.. 0 0 :7 ZrEA„,..7„..aiz:„ ' 1.'de.' ' • . 4-Ock z• Notary Public, State of Florida at Large %. ./0....................: MY Commission !.ires: Ma,,, 2, , 1 ,F7 , I L i ii • - Ira g e..:.- ' Witness / Ati3914, 4 aikf alf:._ 4..,,,,, Sharon Elegant Witness - •'-1 ''`,; S')P..** -t... .••..•*,,,i.',, X47 • 1&L-71. ./ 2..., :• 0 I I a t•-• 4.s..... o ry Public, State of Florida at LdreA.0-7_,'"- .1 C131 •tr."3....-14.,I, '4 : L: MY Commission Expires: '-..-- ;--. fr-L OIL 5/1 9/i? ';..'',5' -,-_,.4,,.:-.........•;.,-\ -.. /maw F 0 -:,.,.: I. ; `,..'D, Li:::::-,!.. ',.... - ..--. FiyaiVila.kA;a &km& _. ,_. •• C 1 EC - � I 1 1 REC.. 13047PG 176 -t c3 . Iallo D s H 74 LAKE AVE. Z 3 til: lai Pi a 1---1 C t z m (4 m -4 r • A A 1> 0 Z ! 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