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2009-27091 ResoRESOLUTION NO. 2009-27091 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME, AND HAVING CONSIDERED THE CITY ADMINISTRATION'S RECOMMENDATION AND THE CRITERIA PURSUANT TO SECTION 82-94 OF THE MIAMI BEACH CITY CODE, GRANTING A REVOCABLE PERMIT TO MR. IRA M. ELEGANT, AS OWNER OF THE RESIDENTIAL PROPERTY (SINGLE FAMILY RESIDENCE) LOCATED AT 1360 NORTH VIEW DRIVE; SAID 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; FURTHER APPROVING AONE-TIME ONLY ASSIGNMENT OF SAID PERMIT TO SUN TRUST BANK, AS TRUSTEE UNDER THAT CERTAIN TRUST AGREEMENT DATED OCTOBER 28, 1993, AS THE BUYER/NEW OWNER OF THE PROPERTY AT 1360 NORTH VIEW DRIVE; SUCH ASSIGNMENT SUBJECT TO AND CONTINGENT UPON THE CLOSING OF THE SALE OF THE PROPERTY OCCURRING ON OR BEFORE JUNE 5, 2009. WHEREAS, Ira M. Elegant (Applicant), owns the residential property located at 1360 North View Drive, Sunset Island No. 1 (Property); and WHEREAS, the Property has a de-minimus encroachment that consist of a portion of an existing carport that projects into the public right of way adjacent to North View Drive; and WHEREAS, the City approved and granted a revocable permit for this same carport expansion in September 29, 1986; the permit expired in 2006; and WHEREAS, the Applicant was not aware that the permit had expired until recently, when Applicant sought to sell the Property; and WHEREAS, Applicant has entered into a contract for sale of the Property with Sun Trust Bank, as Trustee under that Certain Trust Agreement dated October 28, 1993 (buyer/new owner) and, prior to closing on the sale of the Property, Applicant has requested that the City approve and grant a new revocable permit to be allowed to continue to maintain the referenced carport encroachment; and WHEREAS, concurrent with the granting of the permit to Applicant, Applicant also requests that the City approve an assignment of the new permit from Applicant to the buyer/new owner; and WHEREAS, provided the City Commission grants the permit, the City Administration does not object to a one-time only assignment of the permit to the buyer/new owner, provided that Applicant and buyer/new owner close on the sale of the Property on or before June 5, 2009; and WHEREAS, in the event that the permit is granted to Applicant, and Applicant and buyer/new owner do not close on the sale of the Property on or before June 5, 2009, then the one-time only assignment shall be null and void, and any subsequent owner of the Property (including buyer/new owner if it closes with Applicant after June 5, 2009) will be required to submit a new application requesting a revocable permit to maintain the subject encroachment; and WHEREAS, the City Administration has reviewed Applicant's request in accordance with the criteria for granting/denying revocable permits pursuant to Section 82-94 of the City Code; the Administration's review is set forth in the Commission Memorandum accompanying this Resolution; and WHEREAS, at its regular meeting on June 3, 2009, the City Commission held a duly noticed public hearing to hear public comment on the request for revocable permit, as required pursuant to Section 82-93 (b) of the City Code; and WHEREAS, the Administration's analysis has determined that the Applicant has satisfied the criteria for granting a revocable permit, and recommends granting said permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing to hear public comment on same, and having considered the City Administration's recommendation and the criteria pursuant to Section 82-94 of the Miami Beach City Code, grant a Revocable Permit to Mr. Ira M. Elegant, as owner of the residential property (single family residence) located at 1360 North View Drive; said permit to retain the northeastern portion of a carport, built within and over a portion of public right-of-way along North View Drive; further approving aone-time only assignment of said permit to Sun Trust Bank, as Trustee under that Certain Trust Agreement dated October 28, 1993, as the buyer/new owner of the property at 1360 North View Drive; such assignment subject to and contingent upon the closing for the sale of the property occurring on or before June 5, 2009. PASSED AND ADOPTED this 3rd day of June, 2009. ATTEST: W ~ C.~+~-~/l CITY CLERK AYOR Robert Parcher Matti Herrera Bower T:WGENDA12009Wune 3lconsent\Revocable Permit.1360 N View Dr.Reso.doc APPROVED AS TO FORM ~ LANGUAGE COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Following A Duly Noticed Public Hearing To Hear Public Comment On Same, And Having Considered The City Administration's Recommendation And The Criteria For Granting Revocable Permits Pursuant To Section 82-94 Of The Miami Beach City Code, 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. Ke Intended C7utcome 5u ortetl: Increased Satisfaction With Nei hborhood 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 Revocable Permit be granted to retain the Northeastern portion of 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? Item Summa /Recommendation: Mr. Ira 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 built within and over a portion of the public right of way along North View Drive. The Applicant 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. The matter was considered by the City Commission, and a Revocable Permitwas granted for 20 years; however, the permit expired in 2006. In 2006, the Applicant did not seek a renewal of this Revocable Permit. Through the years, the carport has been maintained in good condition. Mr. Elegant indicated to the City that his property is currently under contract and his sale is pending upon the resolution of these issues. The Applicant has suggested that he will not be able to close his property until this issue is resolved. Since a sale of the property is scheduled to close on or before June 5, 2009, The Applicant has requested that such Revocable Permit include or extend to the Applicant, as well as his immediate grantee, Sun Trust Bank, as trustee of the Land Trust U/A/D 01/01/2003 Trust Agreement. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: ~ M I AIVI ! 6 EAC H AGENDA ITEM R7 ~ SATE Cit Clerk's Office Le islative Trackin Fernando Vaz uez, Ci En ineer, x.6399 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager PUBLIC HEARING DATE: June 3, 2009 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME, AND HAVING CONSIDERED THE CITY .ADMINISTRATION'S RECOMMENDATION AND THE CRITERIA PURSUANT TO SECTION 82-94 OF THE MIAMI BEACH CITY CODE, GRANTING A REVOCABLE PERMIT TO MR. IRA M. ELEGANT, AS OWNER OF THE RESIDENTIAL PROPERTY (SINGLE FAMILY RESIDENCE) LOCATED AT 1360 NORTH VIEW DRIVE; SAID 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; FURTHER APPROVING AONE-TIME ONLY ASSIGNMENT OF SAID PERMIT TO SUN TRUST BANK AS TRUSTEE FOR LAND TRUST U/A/D 01/01/2003 TRUST AGREEMENT, AS THE BUYER/NEW OWNER OF THE PROPERTY AT 1360 NORTH VIEW DRIVE; SUCH ASSIGNMENT SUBJECT TO AND CONTINGENT UPON THE CLOSING OF THE SALE OF THE PROPERTY OCCURRING ON OR BEFORE JUNE 5, 2009. ADMINISTRATION RECOMMENDATION Adopt the Resolution 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. 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 (Exhibit 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 aright triangle a total area of 44 square feet (Exhibit 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 (Exhibit C). In 2006, the applicant did not seek a renewal of this revocable permit. Commission Memorandum -June 3, 2009 Revocable Permit 1360 N View Drive Page 2 of 4 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. Since a sale of the property is scheduled to close on or before June 5, 2009, the Applicant has requested that such Revocable Permit include or extend to the Applicant, as well as his immediate grantee, Sun Trust Bank, as trustee of the Land Trust U/A/D 01/01/2003 Trust Agreement. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances for the granting/denying of revocable permits, the City has concluded the following: 1) That the Applicant's need is substantially satisfied. Satisfied. The Applicant constructed this carport and was subsequently granted a Revocable Permit by the City Commission Commencing on September 29, 1986 for a period of twenty (20) years. The applicant's permit period expired in 2006. The encroachment has always constituted a de-minimus impact upon the right-of-wayand has been maintained in good condition throughoutthe period of issuance. The applicant is seeking an exact approval of the same encroachment as a condition of his property sale. 2) That the Applicant holds title to an abutting property. Satisfied. The Applicant is the Fee Simple Owner of the property located at 1360 North View Drive (1360 W. 29 Street); the property is adjacent to W 29 Street. The applicant is seeking that such Revocable Permit include or extend to the Applicant, as well as his immediate grantee, Sun Trust Bank, as trustee of the Land Trust U/A/D 01/01/2003 Trust Agreement. 3) That the proposed improvements comply with Applicable codes, ordinances, regulations, and neighborhoods plans and laws. Satisfied. The applicant was granted a Revocable Permit in 1986, therefore making this encroachment legal for 20 years. The applicant is seeking an exact approval of the same encroachment as before. 4) That the grant of such application will have no adverse effect on government/utility easements and uses of the property. Satisfied. The encroachment constitutes a de-minimus aerial impact in the right- of-way and there are no physical impacts or adverse conditions created as result of this encroachment. Commission Memorandum -June 3, 2009 Revocable Permit 1360 N View Drive Page 3 of 4 5) Alternatively: a) That an unnecessary hardship exits that deprives the applicant of a reasonable use of the land, structure or building for which the Revocable Permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structures or building. Satisfied. Even though this carport projects minimally into the right-of- way, the applicant was, however, granted a revocable permit in 1986; which expired in 2006. The applicant is now seeking a new revocable permit for the same carport extension with the intent to be able to sell his property. b) That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting and improved security. Satisfied. Even though this carport projects minimally into the right-of- way,granting this permit consists of use of the airspace over and into the right-of-way; with no impacts to the neighborhood or community. 6) That granting revocable permit requested will not confer on the applicant any special privilege that is denied to other owner of land, structures, or buildings subject to similar conditions. Satisfied. This carport projects minimally into the right-of-way. The Applicant was granted a Revocable Permit in 1986 for the same encroachment and has maintained such encroachment in good condition throughout the period of issuance. A new permit would not bestow any special privilege that any applicant with a de-minimus aerial encroachment under the same past approved conditions would not have been granted. 7) That granting the revocable permitwill be in harmonywith the general intent and purpose of Article III of the City Code, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Satisfied. Granting a revocable permit for the carport roof extending into the right-of-way will not devalue any adjacent properties or cause the neighborhood to be less in any way aesthetically out of harmony with the surrounding properties, with no detrimental effect to the public welfare. CONCLUSION The Administration's analysis above shows that 8 of the 8 criteria are satisfied. Taking into consideration that a past revocable permit was issued for this same encroachment, the fact that the encroachment is both aerial and de-minimus in nature, and the fact that the applicant has maintained the encroachment in good condition, and that the issuance of a revocable permit is a condition of the sale of his property, the Administration recommends Commission Memorandum -June 3, 2009 Revocable Permit 1360 N View Drive Page 4 of 4 the approval of the Revocable Permit and as such, recommends that the City Commission adopt the attached resolution. The Administration recommends that the City Commission adopt the attached Resolution. Attachments JMG/TH/FHB/FV T:WGENDA\2009\June 3\Consent\Revocable Permit.1360 N View Drive.Memo.fav.doc SKETCH OF SURVEY 5~:,~. 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:\wurkl5AL~1CAbDWG1PROJECTSSSM\3M-2009V~AS &llt 1380 No~lh View Drina) ® ~~~ ~ ~ e~~ ~ ~~i ' f APPROVm REYISm ••'~. IF ~ b°~~ SKETCH OF SURVEY ~ PUBLIC WORKS DEPARTMENT osroereaos sReer~oF i 7700 CONVENTION CFNIER DRIVE M WU 8FK11, PLlJ1lD 161 CARPORT CANOPY R /W TOTAL AREA 44 SQ.FT. SKETCH OF SURVEY s~:,~ LEGAL DESCRIPTION EXHIBIT "B" 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:~wonnan~ucno-owcwRaECrs~snnssnazooevtns ew~~ ~aeo nam vim. omen arPaov~ aEwsen rrr~: ®~/~IA~~/~1~E~,~:r~u EXHIBIT B ~ PUBLIC WORKS DEPARTMENT os~au2oos sHeErlaF 1900 CONVENf10N CENfER(7UVE, LMI~ BFJICX, FL.A978B 162 M• ` - ~ r RF..SOLUTION NO. 86-18587 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI B~pCH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A REVOCABLE PERMIT BE't19EEN THE _ -., _ . CITY OF MIAMI BRACH AND IRA AND SHARON ELEGANT FOR THE MAINTENANCE OF A CARPORT IN A PORTION OF • THE RIGHT-0F-WAY OF 1360 oVEST 29TH STREET, SUNSET ISLAND ~l WHEREAS, the City, wishes to execute a Revocable Permit between the City of Miami Reach and Ira and Sharon Elegant for the maintenance of a carport in a portion of the right-of way of 1360 West 29th Street, Sunse# Island ~l. WHEREAS, a Revocable Permit has been prepared and the City Manager has recommended its execution and the Ci#y Attorney has approved it as to form. NOW THEREFORE, BE IT DULY RESOLVED 8Y THE CITY COMMISSION OF THE CITY OF MIAMI REACH, FLORIDA, that the Mayor and the City Clerk are authorized and directed to execute lire Revocable Permit for the maintenance of a carport in a portion of the right-of-way of I360 West 29th Street, Sunset Island fl. PASSED AND ADOPTED this 17tH day of September, 1986. May Attest: ~ ~~ ~ez.~,~R City Clerk 3FORM APPROVED LEGAL DEPARTMENT :;, EXHIBIT "C" 163 .. • ~) 198o aCi -9 PM ~ 5s ~ 6 R 3 4 9 6 0 3 . ~- ~°~:1304ZPG 172 . REVOCABLE PERMtC THI5 AGREEMENT: made on this 29th day of September ,1986, by and between the CITY OF MIAMI BEACH, hereinafter called the "City" and Ira and Sharon FJegant hereinafter caned the "permittee": ~~~ ~~~ That the City, for and in consideration of the restrictions and covenants herein contained, hereby permits the exclusive use of a City right-of-way easement as described in Exhibit A attached hereto for the period of twenty (20) years eornmen~-S ~ ao„r_t___ h_~4 ~ 1986; but shall automatically terminate at such tune as the existing carport roof deteriorates or is removed. This permit shall not apply to any replacement carport roof. TT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: That the recitations, statements, covenants, warranties and agreements hereinsbove captioned and set forth hereinabove and in the attached articles are true and binding upon the respective parties hereto. ALtTiCLE 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 ~OFI in the exact configuration as described in Exhibit A, attached hereto and incorporated herein, only if approved by the City Commission ar other City Agency. ~ ~~ ~,~,~" c ~n ~~ ~ :c ~' rc.' ~'n -~ X N U. • ~ ~~ m -n... =': ~;;. -. y^ r s ,~,- r- w ARTICLE II IM1~tOYEMENTS BY P'FRMITTEl? The Permittee shall have sole responsibility for obtaining all regulatory apprmvals, permits or licenses required for the maintenance of such improvements upon the demised premises. Ali Improvements made by the permittee shall be removed frown the premises at the expiration or #ermination of this permit. Removal by the City of any improvements made by the }?ermittee shalt be at the sole expense of the Permtttee and governed by Article XI hereunder. ARTICLE ID CONDI7TOH nF pREMiSES AHD YAWtENANCE . The Permittee, atsts own ei~pense, 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 premises shall be made by the City. - ' ~~~ ~, 164 ... - •.:. {~ 13047PS X73 • ~ AsncL>+rv nanF.~llulFlcATlaa ~ I~oLn HARMLESS The permittee does hereby agree to indemnity 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. nxTlcL~ v t~lo IdABIi.ITY FoR P1rRS>3AtAL PItoPIItTY All personal property placed or moved on the demised premises shall be a# the risk of the Permittee or the owner thereof. The City shaA not be liable to the Permittee or oam~er for any damage to said personal property. • AR'IICLI+ n CITY'S RIGHT QF [+NTRY The City or any of its agerns, shall have the right to enter upon the demised premises during all reasonable worlang 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 shalt, 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 premise, shall be at the sole expense of the Permittee. Further, the City shall not be responsible for she restoration of the premises; in the event such is damaged by the City in order to inspect, repair or gain access m 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 became a lien upon the Permittee's abutting property, which may be #oreclosed within one year of its filing. A1~TICI.E a-t[ REYOCATIOId ANi? TERl1~iATI~DN OF PFRMTf It is understood and agreed between the parties hereto, that the City may, upon ninety (90) days written rw#ice to the Permittee, cancel or terminate this permit !f the City in its sale discretion needs the property. This permit shall automatically terminate at such time as the existing carport root becomes deteriorated or is removed. 165 . . _ ~ ~: I3U47PG Ilq• • ARTICLE VRI N01'ICPS 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 ~I, 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 lX ASMGi41i1L'NT Without the-written consent of the City first obtained In each case, the Permittee tha11 not sublet, assign, transfer, mortgage, pledge, or dispose of this permit for the term hereof. ARncLE x PAYMBNT 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 Xf SURRENDER OF PREMLSE.S At the expiration of this permi# or cancellation thereo#, 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 a# this permit, Permittee hereby agrees to allow the City to restore the premises to such candiition. The expenses incurred by the City.in so doing shah become a lien upon the Permittee's abutting property and may be foreclosed within one year from the filing of such a lien. PERMIT7'i:E FURTHER STATES THAT HE HAS CAREFULLY READ THE FOREGOING REVOCABLE PERMIT AND iCNOWS THE CONTENTS THEREOF AND FULLY REALIZES ITS MEANING AND SIGNS THIS REVOCABLE PERMIT OF HIS OWN FREE WILL. 166 -...~. Q ! 3047P6 I l5 •_ IN WITNESS WHEREOfi, the parties' have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first a6ave written. . ,e '" .-.,t. Ti'~~Be~r:~ ~Y~ CITY OF M I BE I3 Hy a r a+ i . ~~ r p zlz SWORN TO AND SUBSCRIBED before me this a / day of _~ .. ,~~, S ~F ,1985. ~ "-_ ~'fw. :, ~ `~ 's Notary Pu ! c, State of or at Large ~ ~~~.,; MY Commission ices: May ~; /g~9 ~. Ira tartness - _~~~~~t MY Commission Expir ~~~y/~7 r ~ • ~~I~Ut/~' . ,~, j .. ,,.. „ . r , „- '~ s a 'z''~ -g'~~faa 167 ~~~ ~~~~ ~-- ~. ~o ~~ D H Z ti t'1 n Z ~ H f/1 r z m ~i a ~_ ~ S LAKE AVE. t N VI C Z ^1 rl ~u ~~ I ~ ~ . }-~~-~~ ~~lt ~ 1 °~:13041P~ Ilfi ~~' atv ` i~ ~ i i ~ ~ ~ ~~ ,~~ ~ ~~ I ~` ~d T a~ _~ m --~ (U ~A S --I fr! m --~ 168 . ti~ ~ ~ :13047P6 1 ~7. -. . .. ~ ~Z , r*~ a z ~ <~Dm ~ ~D~~ . / ~ Z ir' Vi D 1 . i ~ £ N ~ ~ ~. ~ ~~~ i ~` ~ ~ H D I '~ v• ~ . ~ , = W ~ ` \ s ~p a a ~ ~ i ~ .a. ~ ~~ ~ r ~ ~ ~ ~ • ~ y ~ ~ ~. ~ ~ ~ D ,~ 1 ~ ~ ~ ~` w w ~ ~ o• ~ I ~ \ ~ ~ "x ~ o ~ ~ ~ X II ti II ~ ~ ~ z ~ ~~. ' ~ a ~ ~ 1 .r 1 ~ ~ ~ ~ X ;~ Z ~ H z ~~ r D z f.7 171 ~V _d N ~~~ 1 ~ .~ ~~j 1 ~~y nt oFrrcut ~ ~ of aoc oouan. ~~~ ' ~ ~aw~ veAinco 81~ ~ q -~ fQ CO ~ ~ 1-{ ir- ,~° •~ 169 \ ~ ~ O a r-e ~t~~ fl ~ ~ n ~ W "{ N { t D Q T~ ~ ~ Y ` ~ / "~ ~ X \ D /, <~ n c> > ~ ~ i Y ivy ~ 1 ~~-.1 ~~ _~ I i ,~ ~.._..i MB ~ MiamiHerald.com/Neighbors I THE MIAMI ItyERALD I THURSDAY, Mr~Y 21, 2009 I p~ m . /V11AMi BEACH GITY OF MIAMI_BEACH NOTICE Of PUBLIC HEARING NOTICE IS HEREBY given that a first reading and first public hearing will be held by .the City' Commission of the City of Miami Beach, in the Commission Chambers, `3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, June` 3, 2009 at 10:15-AM., to consider A 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 Ot A Carport, Built Within And Over A Pprtion Of The Public Right-Of-Way Along North Vew Drive In Sunset Island No. 1 And - Previously Permitted In 1986. . Inquiries maybe directed to the Public Works Department at (305) 673-7080. INTERESTED PARTIES are invited to appear at this meeting, or .be represented by an agent, 'or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Di ive, 1st: Floor, City klall, Miami Beach., Florida 33139. Copies of these .ordinances are avaAable for public-inspection during ngrmal business hours in the City Clerk's Office, 1700-Convention Center Drive, 1st Floor, Ci#y Hall, and. Miami Beach, Florida 33139. This meeting may be continued and under such circumstances addi#ional Legal notice would notbe provided. Robert' E. Parcher, City Clerk Cityof`Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission vuith respect `to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence,upon which the appeal is to be based. This notice does not constitute consent b , the'City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor doe rt authokize challenges or appeals not otherwise allowed by law. To request this material 'i 'accessible format, sign language interpreters, information on access for persons with disabilitie ,and/or any accommodation to review any document or participate ih any city-sponsored procee ing, please contact j305) 604=2489 (voice), (305) 673-7218 Cm') five days in advance to initiate y6 r request. TTY users may also call 7t1 (Florida`Relay Service). , ,ad #540 ,>