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Home My WebLink About2003-25187 Reso RESOLUTION NO. 2003-25187 A RESOLUTION SETTING A PUBLIC HEARING ON MAY 21, 2003 TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY ORDINANCE NO. 92- 2783, REGARDING THE VACATION OF A PORTION OF THE EAST-WEST ALLEY IN BLOCK 12, OF BISCAYNE POINT ISLAND, MIAMI BEACH, IN FAVOR OF DANIEL B. HABER AND WIFE KIMBERLY, OWNERS OF THE ADJACENT PROPERTY LOCATED AT 1355 CLEVELAND ROAD. WHEREAS, Daniel B. Haber and wife Kimberly (owners/applicants), own the property located at 1355 Cleveland Road, Miami Beach, legally described as Lot A and B and the east 1 foot of Lot C of the re-subdivision of Lot 16, Block 12, of Biscayne Point Subdivision, as recorded in Plat c Book 29, Page 63 of the Public Records of Miami-Dade County, Florida; and WHEREAS, there is an east-west platted alley in Block 12 to the north of Lots A and B as described above; and WHEREAS, the owners/applicants are requesting the vacation of the portion of the alley adjacent to the above described property; and WHEREAS, owners/applicants have submitted the application requirements for the vacation of this City fight-of-way, and pursuant to Ordinance N°. 92-2783, governing the sale and/or lease of public property, prior to the vacation of City property, the Mayor and City Commission shall schedule a public hearing to hear public comment on the request for vacation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to hear public comment regarding a request by Daniel B. Haber and wife Kimberly, for the vacation of the east-west alley in Block 12 of Biscayne Point Island adjacent to the property located at 1355 Cleveland Road, 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 May 21, 2003 beginning at 10:41 a.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. City Clerk PASSED and ADOPTED this day 30th of April, 2003. ATTEST: ~ l Mayor APPROVEO AS TO FORM & LANGUAGE & FOR EXECUTION ' ~t~ ~tl~me~~ -- Date ' CITY OF MIAMI BEACH COIVMISSlON ITEM SUMMARY Condensed Title: A Resolution scheduling a public hearing on May 21, 2003, to consider public comments, as required by ordinance no. 92-2783, for the vacation of portions of the east-west alley in Block 12 of Biscayne Point Island, to the adjacent property owners at: 1315,1355 Cleveland Road, 8000, 8040 Cecil Street and 1320 N. Biscayne Point Rd.. Issue: Shall a public hearing be scheduled on May 21,2003 to consider the vacation of the remaining portions of the east-west alley in Block 12 of Biscayne Point Island? Item Summary/Recommendation: Biscayne Point Island has an east-west platted alley in Block 12, portions of which the City had vacated to the adjacent property owners in 1983 and 1991, while maintaining a 10 foot wide utility easement in the center. Owners of the properties adjacent to the remaining portions of this alley have recently submitted an application requesting the City to vacate/quit-claim that portion of alley adjacent to their property. The owners of these properties have complied with the application requirements by submitting a combined application fee and providing a list of property owners within a radius of 375 feet from Block 12 who will be notified of the scheduled public hearing. Administration recommends approval of the Resolution. Advisory Board Recommendation: The Land Use and Development Committee recommended that the application fee should not be waived but an individual applicant be allowed to make their case before the Commission for a fee waiver. Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: Gary Kokorian, Public Works Sign-Offs: [: ~A G E Ni iii(:i~rii~\iii., iiiai.,rcay n e pt. ~r~ m~~i ty Manager City Manager AGENDA ITEM DATE COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Date: April 30, 2003 Members of the City Commission Jorge M. Gonzalez ~ ~,,~-/~ City Manager ,j A RESOLUTION SETTING A PUBLIC HEARING ON MAY 21, 2003 TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY ORDINANCE NO. 92- 2783, REGARDING THE VACATION OF A PORTION OF THE EAST-WEST ALLEY IN BLOCK 12, LOCATED ON BISCAYNE POINT ISLAND, MIAMI BEACH, FLORIDA, BETWEEN N. BISCAYNE POINT ROAD AND CECIL STREET, TO EACH OF THE FOLLOWING ADJACENT PROPERTY OWNERS AS INDIVIDUALLY LISTED IN THE ATTACHED RESOLUTIONS: 1315 CLEVELAND ROAD, 1355 CLEVELAND ROAD, 8000 CECIL STREET, 8040 CECIL STREET AND 1320 N. BISCAYNE POINT ROAD ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Pursuant to City Code, Chapter 82, Article II, Section 82-37, prior to the vacation of city property, the City Commission shall schedule a public hearing to consider the request for vacation of City right-of-way. Biscayne Point Island has an east-west platted alley in Block 12 as shown in the attached Exhibit "A". In 1983 the City adopted Resolution 83-17368 vacating portion of this alley to the adjacent property owner of Lots 14 and 15, while maintaining a 10' utility easement in the center of the alley. In 1991, the City vacated the portion of this alley adjacent to Lots 10 to 13 and Lot I and 30 ft of Lot 2. ANALYSIS In 2002, the following property owners/applicants requested vacation of portions of the alley adjacent to their properties: 1. Frank Avila, 2. Ethel Stratton 3. Aha C. Fuentes 4. Mr. and Mrs. Daniel B. Haber 5. Lilian Janini 8000 Cecil Street 8040 Cecil Street 1315 Cleveland Road 1355 Cleveland Road 1320 North Biscayne Point Road At the time of the initial request, the property owners requested a waiver of the application fee. The request was considered by the Land Use and Development Committee and the Commission which determined that the application fee should stay in place with the ability of individual applicants to make their case before the entire Commission for a fee waiver. The owners of the properties listed above have complied with the application requirements by submitting a combined application fee and providing a list of property owners within a radius of 375 feet from Block 12 who will be notified of the scheduled public hearing. The City Administration will include reviews by Public Works Department and an analysis by the Planning Department for the scheduled public hearing and will present to the City Commission the requested waivers by the property owners for approval of this vacation. The City Commission is required to schedule a public hearing allowing fifteen days notice to the property owners within the 375 feet of the site. CONCLUSION: The Administration recommends the City Commission set a public hearing on May 21, 2003, to consider this application for vacation of the east-west alley in Block 12 of Biscayne Point Island. Attachment JMG/RCM/FHB/RH/AV/VGK T:~AGEN DA~003~apr3003\consen~Biscay~ePointHrg .doc W