Resolution 78-15538 RESOLUTION NO. 78-15538
A RESOLUTION WAIVING ENCROACHMENT FROM PROPERTY
AT 1462 WASHINGTON AVENUE.
WHEREAS, the City Commission has determined that the
original encroachment was inadvertently constructed and to require
the removal or remodeling of the store front would constitute a
hardship; and
WHEREAS, the Public Utilities Director has reviewed the
matter and concurs with the stipulation that should the encroachment
on 15th Street interfere with pedestrian traffic as a result of future •
road widening, the owner be required to remove it at that time;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the encroachment from property
at 1462 Washington Avenue be waived on the terms and conditions
numerated by the City Attorney and in Commission Memorandum No. 6691.
PASSED and ADOPTED this 1st day of February, 1978 .
41" deu!Ii . 44(
Mayor
Attest:
C 1
Cit Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
PPEARANCEPEOF ATTORNEY JOHN PORTE TO DISCUSS MATTER Deferred to February 1, 1978.
NCR. NT FROM`PROPERTY AftWa WA IINGTON AVE =
l: REPORT OF CODE ENFORCEMENT DEPARTMENT. - Administration to review and prepare
2: PHOTOGRAPH COPIES. recommendations as to how encroachment . i
APPEARANCE OF DIRECTOR OF CODE ENFORCEMENT. could be minimized. JAN 1 8 1978
COMMISSION MEMORANDUM NO. 6691: ADMINISTRATION Resolution No. 78-15538 adopted, waiving
!..RECOMMENDATION RE: ENCROACHMENT FROM PROPERTY AT - encroachment on terms and conditions as
:!1462 WASHINGTON AVENUE. enumerated by City Attorney and in
.1: REPORT OF CODE ENFORCEMENT DEPARTMENT OF 1/17/78. Commission Memo. No, 6691. E 8 1 1978
2 APPEARANCE OF CODE ENFORCEMENT DIRECTOR.
,'? 3.'` APPEARANCE OF ATTORNEY JOHN PORTE.
VII • r•r.�V
A.SQUTF{ERN •
// 1700 CONVENTION CENTER DRIVE
CITU MANAGER COMMISSION MEMORANDUM NO.(P Y/q'/ TELEPHONE: 677.7010
•
DATE: January 27, 1978
TO: Mayor Leonard Haber, Ph.D. , and
Members of the City Commission
FROM: D. A. Southern
City Manager •
•
SUBJECT: Encroachment from Property at 1462 Washington Avenue
' The attorney, John E. Porte, appeared before the Commission at
its meeting of January 18 , 1978 to request that the existing
encroachment be permitted to remain. Based upon the Public
Utilities Director' s recommendation and the City Attorney's
ruling, the matter was deferred to the meeting of February 1, •
1978 to allow the parties involved to submit revised sketches
for consideration.
,I
The original encroachment that was presented to the Commission
was approximately 90 per cent completed. It was determined
that the encroachment was inadvertently constructed and to have
the owner remove it and require him to remodel his store front
within his property would constitute a hardship. The owner has
submitted a proposal in accordance with the attached sketch to
reduce the encroachment on Washington Avenue and on the corner
radius to 3/4-inch with the exception of one area of 2-3/4 inches,
and to allow the area on 15th Street to remain encroaching •
4-5/16 inches at one end to 2 inches at the other.
The Public Utilities Director has reviewed the proposal and
concurs with the stipulation that should the encroachment on
15th Street interfere with pedestrian traffic as a result of
future road widening, the owner be required to remove it at that
time.
DAS:FA:pk
COMMISSION
• MEETING
r!.
FEB 1 1978
•
CITY OF MIAMI BAH
.
•
AGEr;I)4
TEM , _3
DATE -y I 7 a
ORIGINAL
RESOLUTION NO. 78-15538
(Waiving encroachment from property on
11+62 Washington Ave, on terms and condi-
tions as enumerated by City Atty. )