2001-24675 Reso
. -'
RESOLUTION NO. 2001-24675
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON DECEMBER 19,
2001, TO CONSIDER AN AMENDMENT TO THE REVOCABLE PERMIT ISSUED
TO ROGER J. SCHINDLER AND LESLIE SCHINDLER FOR THE
CONSTRUCTION OF A WROUGHT IRON FENCE AND AUTOMATIC GATE IN
WEST 59TH STREET AND NORTH BAY ROAD, ADJACENT TO THEIR
PROPERTY LOCATED AT 5860 NORTH BAY RD.
WHEREAS, Roger J. Schindler and Leslie Schindler (the Applicant) own the property
located at 5860 North Bay Road (the Property) ; and
WHEREAS, the Applicant was granted a revocable permit by Resolution No. 91-20423 on
December 18,1991, for the construction ofa wrought iron fence and gate at the west end of North
Bay Road at 59th Street; and
WHEREAS, the Applicant constructed a plywood/stucco wall instead; and
WHEREAS, the Applicant has requested the City to amend the Revocable Permit to
allow construction of a plywood and stucco wall instead of the permitted wrought iron fence; and
WHEREAS, pursuant to the City of Miami Beach Code, Chapter 82, Article ill,
Division 2, Section 82-93, and the recommendation of the City Attorney, the Mayor and City
Commission are required to hold a public hearing to consider the aforestated request.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to
consider the request to amend the Revocable Permit for the construction of a wrought iron fence
and gate at the west end of North Bay Road at 59th Street, is hereby called to be held before the
Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700
Convention Center Drive, Miami Beach, Florida on 12/19/01 _beginning atlO:30 8.m, and the
City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said
Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will
be heard.
PASSED and ADOPTED this 28th _day of November _, 2001
MAYOR
A'ITEST:
~oP~
CITY CLERK
II L .A~M1O
fOAMaLN~
afQll~
W .l\-10l?(
{f JiI:.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and
Members of tbe City Commission
DATE: November 28, 2001
FROM:
Jorge M. Gonzalez ~ ~
City Manager d ,.IV"' {j
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SETTING A PUBLIC HEARING ON DECEMBER
19, 2001, TO CONSIDER AN AMENDMENT TO THE
REVOCABLE PERMIT ISSUED TO ROGER J. SCHINDLER
AND LESLIE SCHINDLER FOR THE CONSTRUCTION OF
A WROUGHT IRON FENCE AND AUTOMATIC GATE IN
WEST 59TH STREET AND NORTH BAY ROAD ADJACENT
TO THEIR PROPERTY LOCATED AT 5860 NORTH BAY
RD.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
Pursuant to City Code, Chapter 82, Article ill, Division 2, upon receipt of a Revocable
Permit application, the City Commission shall schedule a public hearing to consider the
request for use of the public right-of-way.
Mr. Roger Schindler and wife Leslie, owners of the property at 5860 North Bay Road,
were granted a Revocable Pennit by Resolution No. 91-20423 on December 18, 1991,
for the construction of a wrought iron fence and gate at the west end of North Bay Road
at 59111 Street. Instead of the wrought iron fence, a plywood with stucco wall was erected.
Mr. Schindler removed the non-compliance wall due to deterioration, and was planning
to replace it with another wall built with plywood and stucco. Public Works informed
Mr. Schindler that he could only build a wrought iron fence as allowed by the Revocable
Pennit. The Schindlers are now requesting the City to amend the existing Revocable
Permit, to allow them to build a plywood and stucco wall instead of the wrought iron
fence.
AGENDA ITEM C. 7..:r
DATE / / -J,.~-CJ/
ANALYSIS:
Pursuant to City Code, Chapter 82, Article Ill, Division 2, Section 82-92, Revocable
Permits, and the City Attorney's recommendation, a fully notified public hearing is
required to amend this Resolution. The applicant in compliance with Revocable Permit
requirements will provide the City a list of property owners within a radius of375 feet
to be notified of the scheduled public hearing.
Mailed notices of this public hearing shall be provided at least 15 days prior to the
hearing to those owners lying within the 375 feet of the subject property. The notice
shall indicate the date, time and place of the hearing and the nature of the request and
shall invite written comments and/or participation at the hearing.
CONCLUSION:
Recommend the City Commission set a time on December 19, 2001, for a public
hearing, during the Commission meeting.
j~Jjr
~~~~\VG~MM~~~G\SCHINDLER.doc