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HomeMy WebLinkAbout2006-26313 Reso RESOLUTION NO. 2006-26313 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, GRANTING (IN PART) AN AFTER-THE-FACT REVOCABLE PERMIT IN FAVOR OF THE APPLICANTS, MR. MICHAEL R. BUCKNER AND HIS WIFE, MARGO BUCKNER, AS OWNERS OF THE PROPERTY lOCATED AT 6120 lA GORCE DRIVE, FOR RETAINING THE FOllOWING SPECIFIC ITEMS IN THEIR REQUESTED REVOCABLE PERMIT APPLICATION CONSISTING OF: A PAVED WALKWAY; PAVED DRIVEWAY; AND PORTION OF A WOOD DECK; All WITHIN THE ADJACENT APACHE AVENUE CITY RIGHT-OF-WAY; PROVIDED FURTHER THAT THE CITY'S APPROVAL FOR REVOCABLE PERMIT, AS GRANTED IN PART HEREIN, IS SUBJECT TO AND CONTINGENT UPON REMOVAL OF AN IRON GATE; TWO COLUMNS; THE CANVAS CANOPY; AND THE HEDGES lOCATED WITHIN THE RIGHT-OF-WAY, AND RESTORATION OF PORTIONS OF THE PUBLIC STREET END AFFECTED BY SUCH ENCROACHMENTS, WITHIN SUCH TIME, PLACE, AND MANNER AS SHAll BE DEEMED ACCEPTABLE BY THE CITY'S PUBLIC WORKS DIRECTOR. WHEREAS, Michael R. Buckner and his wife, Margo Buckner (Applicants), own the residential property located at 6120 La Gorce Drive (Property), adjacent to the City right- of-way on Apache Avenue, which they purchased in April 2004; and WHEREAS, the Property has encroachments consisting of an iron gate with two columns; a Ficus hedge; a canvas canopy; and the corner of a wood deck; all constructed on the Apache Avenue Street End, which is a public right-of-way leading to the La Gorce Golf Course; and WHEREAS, the Applicants, to retain the aforestated encroachments, submitted a request for an After-the-Fact Revocable Permit, and have completed the application requirements for same pursuant to Article III, Division 2, Sections 82-91 through 82-95 of the City Code; and WHEREAS, pursuant to Section 82-93 of the City Code, on May 10, 2006, the Mayor and City Commission adopted Resolution No, 2006-26187, setting a duly noticed public hearing to consider the Applicants' request for the After-the-Fact Revocable Permit; and WHEREAS, at the request of the Applicants, the public hearing was opened and continued at the July 12, 2006 meeting, and held on the September 6, 2006 City Commission meeting; and WHEREAS, the Administration, after reviewing the request for the After-the-Fact Revocable Permit, and meeting with the Applicants and their legal representatives, recommended that the scope of the requested After-the-Fact Revocable Permit be reduced to include only the paved driveway; walkway; and the corner ofthe wooden deck; with all other encroachments being removed; and WHEREAS, accordingly, the Applicants agreed to reduce the scope of the requested After-the-Fact Revocable Permit to include only the paved driveway, walkway and the corner of the wooden deck, and further agreed to remove the remainder of the encroachments on the City's right of way, at their sole cost and expense, and within such time, place, and manner as shall be determined by the City's Public Works Director; and WHEREAS, the Administration recommends that the Mayor and City Commission hereby adopt the Administration's recommendation for granting an After-the-Fact Revocable Permit for only the paved driveway, walkway and the corner of the wooden deck, contingent upon the Applicants' removal of all other encroachments from the Apache Avenue right-of-way, as provided in this Resolution. NOW, THEREFORE, BE IT DULY 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 for granting Revocable Permits pursuant to Section 82-94 of the Miami Beach City Code, hereby grant an After-the-Fact Revocable Permit in favor of the Applicants, Mr. Michael R. Buckner and his wife, Margo Buckner, as owners of the property located at 6120 La Gorce Drive, for retaining a portion of a wood deck; a paved walkway; and a paved driveway; all within the adjacent Apache Avenue City right-of-way; subject to and contingent upon removal of the iron gate with columns, the canvas canopy and the hedges within the right-of-way, and restoration of the public street end affected by such encroachments, within such time, place and manner as shall be deemed acceptable by the City's 8 lic W rks Director. PASSED and ADOPTED this 6th ATTEST: A YOR David Dermer APPROVED AS TO FORM & LA~GUAGE & FOR EXECUTION ~.P Ai; mkL BAGENDA12006\reP0606IRe'O""'120L'G""'D<Re''''''b'ePe'''''Ros,.l. ( ~~ DGIe COMMISSION ITEM SUMMARY Condensed Title: A Resolution following a duly noticed public hearing held on July 12, 2006, to consider an after-the-fact revocable permit request by Mr. Michael R. Buckner and his wife Margaret Buckner, owners of the ro e located at 6120 La Gorce Drive. Ke Intended Outcome Su orted: Ensure compliance with code within reasonable time frame. Issue: Shall an after-the-fact revocable permit be granted for encroachments on Apache Avenue? Item Summary/Recommendation: Mr. Michael Buckner, and his wife Margaret, acquired the property at 6120 La Gorce Drive in April 2004. Said property has encroachments within the adjacent Apache Avenue right-of-way, a platted street-end, leading to the La Gorce Golf Course. The encroachments consist of an iron gate with two columns, a ficus hedge, a canvas canopy used as a carport, a paved walkway, a paved driveway and the corner of a wood deck. Following a violation notice issued by the City's Code Compliance Division in January 2005, the Buckner's removed the gate which was blocking the access to the east half of Apache Avenue and submitted an application to the City for an after-the-fact revocable permit to allow the retention of these encroachments. After review of the Reyocable Permit application, City staff was prepared to recommend denial. This recommendation was discussed with the owners and their counsel at a second meeting. City Staff agreed to recommend approval of a reyocable permit for the paved driveway, walkway, and a corner of the wood deck contingent upon the applicant removing the columns, the carport canopy and the ficus hedges. Following this meeting, the owners/applicants agreed to remoye the columns and the carport canopy; however, they did not agree to remove the ficus hedges. The Administration recommends approyal of a reyocable permit for the paved driveway, walkway, and a corner of the wood deck contingent upon the applicant removing the columns, the carport canopy and the ficus hedges. The Administration recommends adoptinQ the Resolution, Advisory Board Recommendation: I N/A Financial Information: Source of Funds: D OBPI FHB T:\AGENDA\2006\sep0606\Regular\6120LaGorceDrRevocablePermitSummary.doc in ,." MIAMIBEACH AGENDA ITEM DATE R7L '1-f;-Orc m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager J-"~ Sept6,2006 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, GRANTING AN AFTER- THE-FACT REVOCABLE PERMIT IN FAVOR OF THE APPLICANTS, MR. MICHAEL R. BUCKNER AND HIS WIFE, MARGO BUCKNER, AS OWNERS OF THE PROPERTY lOCATED AT 6120 lA GORCE DRIVE, FOR RETAINING SPECIFIC ITEMS IN THEIR REQUESTED REVOCABLE PERMIT APPLICATION CONSISTING OF THE PAVED WALKWAY, PAVED DRIVEWAY, AND PORTION OF A WOOD DECK WITHIN THE ADJACENT APACHE AVENUE CITY RIGHT-OF-WAY, CONTINGENT UPON REMOVAL OF All THE OTHER ENCROACHMENTS, AND RESTORATION OF PORTIONS OF THE PUBLIC STREET END AFFECTED BY SUCH ENCROACHMENTS, IN SUCH MANNER AS SHAll BE DEEMED ACCEPTABLE BY THE CITY ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution granting an after-the-fact Revocable Permit for non-intrusive portions of the existing encroachments. BACKGROUND Mr. Michael Buckner and his wife Margo purchased the property located at 6120 La Gorce Drive in April 2004. Said property has encroachments within the adjacent Apache Avenue right-of-way (See Exhibit "An), The encroachments consist of the following: 1. An iron gate with two columns (pillars) 2. A ficus hedge 3. A canvas canopy used as a carport 4, A paved walkway 5. A paved driveway 6. Corner of a wood deck, Apache Avenue is a platted street-end in Beach View Addition Subdivision, as recorded in the Miami-Dade County public records Book 16, Page 10. It leads to the La Gorce Golf Course and is an access way to utility easements located at the rear of properties along 62nd Street. A violation was issued to the property owners in January 2005 for the listed encroachments. Subsequently, the owners removed the gate which was blocking access to the east half of Apache Avenue, and requested that the process be initiated for the granting of an after-the-fact revocable permit for the retention of the encroachments listed above. On May 10, 2006, the City Commission adopted Resolution No. 2006-26187, setting a public hearing to review the request for the aforementioned after-the-fact revocable permit on June 7, 2006, At the request of Mr, and Mrs. Buckner, the public hearing was opened and continued to the July 12, 2006 and again to the September 6, 2006 City Commission meeting. ANAL YSIS The initial application requesting an after-the-fact revocable permit, included the ficus hedges, an iron gate, two columns, a canvas canopy used as a carport, a pave walkway, a paved driveway and a corner of a wood deck. The application and letter of intent dated March 15, 2006 (attached Exhibit liB"), was submitted by Mr. Michael Larkin Esq. of Bercow and Radell, who is representing the owners, The portion of Apache Avenue for which the after-the-fact revocable permit was requested is depicted in the legal description of a sketch prepared by the applicants' surveyor and encompassed 6,847 square feet. The application for the after-the-fact Revocable Permit was reviewed by City Administration pursuant to Section 82-94 of the City Code and the recommended action to deny the request was discussed at a meeting held between the City staff, the owners and their legal representatives, At second meeting with the Owners attorney, City Staff agreed to recommend approval of a revocable permit if the following encroachments were removed: 1. Columns (pillars) 2. Carport canopy, 3, Ficus hedges within Apache Avenue. The recommended layout of Apache Avenue as proposed by the City Administration after the applicants' removal of the above encroachments would require a revocable permit for the paved driveway, walkway and corner of the wood deck as shown in Exhibit "C". In a letter dated August 14, 2006, (Exhibit "0") the Owner/Applicant agreed to remove the encroachment consisting of the iron gate, two columns, and the canvas canopy used as a carport; however, they did not agree to remove the ficus hedges claiming these hedges existed before they purchased the property. The reduced scope of the revocable permit area which was submitted in Exhibit "0" above, was finally sketched out with a legal description by the applicants' surveyor and submitted to the City to accompany the new reduced scope, This sketch and legal description, depicting the use of 2,059 square feet of the Apache Avenue right-of-way is attached as Exhibit liE". The Administration's conclusions following this revised request of the revocable permit application, with a condition for the removal of the hedges, are as follows: 1) That the applicant's need is substantial. Satisfied. The applicant's property is a triangular/irregular shaped lot with no driveways, carports or a garage. It is densely landscaped and built up and does not have additional space for parking. Moreover, parking on La Gorce Drive is restricted, while street-ends are generally permitted for residents' parking. Therefore the need to use this street-end is substantial to the applicants for their parking needs. 2) That the Applicant holds title to an abutting property, Satisfied, The applicants are the fee simple owners of the property located at 6120 La Gorce Drive which abuts the Apache Avenue right-of-way and for which the After- the-fact Revocable Permit is being requested. 3) That the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws. Satisfied. Provided that all the intrusive encroachments located within the public right-of-way are removed and the area is restored to a condition acceptable by the City, this condition will be satisfied. Additionally, the items for which a revocable permit are being sought must be permitted after the revocable permit is granted, The permitted items will be required to comply with the applicable codes and regulations, 4) That the grant of such application will have no adverse effect on governmental/utility easements and uses on the property. Satisfied. There are no existing utilities within the modified requested revocable permit area, and as such this will not have an adverse effect. In the event such use is required in the future, the City or utility company shall use that area and any restoration work shall be borne by the applicants/owners. 5) Alternatively: a) That an unnecessary hardship exists 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 building involved and are not generally applicable to other lands, 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. As mentioned previously, the property, consisting of an 11,000 square foot irregular lot constitutes a special circumstance for the Applicants to reasonably park their vehicles on the property due to lack of driveways, carports or a garage, 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. Not Satisfied. The modified request for after-the-fact revocable permit being sought serves and benefits solely this property owner. 6) That granting the 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. The granting of this Permit will not confer on the Applicants a special privilege that is generally denied to others. The City's policy is to maintain street ends for public use and utility accommodations and hence the use of this street end for a paved area for vehicular access or parking lies within the general intended uses of such right-of-ways. 7) That granting the revocable permit will be in harmony with 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 items in the modified request is in harmony with the general intent of Article III of the City Code, and will not be injurious to the neighborhood and public welfare, CONCLUSION The Administration's analysis above shows that 7 of the 8 criteria are satisfied and hence the Administration recommends and supports the granting of an after-the-fact Revocable Permit for · The paved walkway · The paved driveway · A portion of a wood deck within the adjacent Apache Avenue City right-of-way. However granting of the after-the fact revocable permit shall be contingent upon the removal of all the other encroachments including two columns, an iron gate, a canvas canopy, the hedges and restoration of the area to a condition acceptable by the City. The City Administration recommends that the City Commission adopt the attached Resolution. JMG/RM/FHB/RTH/FA V T:\AGENDA\2006\sep0606\Regularl6120 LaGorce Revocable PermitMemo.doc :D,- 1 N 3 ~ 3 ^ V d 11VHdSV -;- N o III r-- >'l 'V ) tl V s S 'V ~ 8 J o If) r-- I") ,-: .~ :~' . .': ~(ri)(~t69t.lOi>:..;>}jiMo~:jNQ:r"'.g~. ' ". :' o x- ::0; 0' ... - ~ ........ - 0:: ........ w ::>> z w ~ w :z: u e a. e " z 0 ... e en ... . Z . w C :E :z: . . u l- e - 0 aI II: - U :c z >< w ... w e " w ... ... - Q W - U. - ... Z W Q - o o LI1 N . N, .....' -, ~~ ,.:' (~ ~ BERCOW & RAOe:LL ZONING. L^ND USE AND ENVIRONMENTAL LA'^' DIRECT LINE. (305) 377-6231 E-Mail: MLarkin@BRlonlngLaw com VIA HAND-DELIVERY March 15, 2006 Mr. Fred Beckmann, Director Public Works Department City of Miami Beach 1700 Convention Center Dri ve, 2nd Floor Miami Beach, Florida 33139 Re: Revocable Permit Application in connection with Property located at 6120 La Gorce Drive, Miami Beach. Florida - Letter of Intent. Dear Mr, Beckmann: This law firm represents Michael R. Buckner and Margo Buckner (" Applicants"), owners of the above-referenced property ("Property"). Attached to this letter please find the necessary submittal requirements, including a survey of the Property, a sketch of the adjacent Miami Beach Right-of-Way, opinions oE title for the Property and the adjacent Right-of-Way, an application and a check for the processing fee, The following letter will describe the Property and the Applicant's requested use of the adjacent Miami Beach Right-of-Way, Description of Existing Property and Right-oE-Way. The Property is a triangular shaped parcel lying west of La Gorce Drive and south of West 62nd Street. A single-family home, built in 1947, occupies the Property. Immediately adjacent to the north and west of the Property lays the entire length of Apache Avenue, an unimproved City of Miami Beach Right-of-Way (" Apache Avenue"). Apache Avenue is approximately 60 feet wide and 230 feet long. Apache Avenue begins at the intersection of W 62nd Street and La Gorce Drive, runs diagonally to the southwest, and terminates at the property border with La Gorce Golf Course. See attached Sketch of Apache A venue. The City of Miami Beach owns Apache Avenue by way of a plat entitled "Beach View Addition," recorded in Plat Book 16, at Page 10 of the Public Records of Miami-Dade County, Florida, and dated April 8, 1925. See attached Plat, The Plat dedicated Apache Avenue to the City of Miami as of July 3, 1925. EXHIBIT "B" WACHOVIA FI"tAHC~ CENTER. 200 SOUTH BlSCAvNE BOULEVARD. SUITE 850. MIAMI. FLORIDA. 33131 PHONE, 305.374.5300 . FAX. 305.377.6222 Mr. Fred Beckmann !\1arch 15,2006 Page 2 of 5 See attached opinion of title prepared by Samud Spencer Blum, Esq. Since the time of dedication, Apache A venue has remained unimproved, Apache Avenue is a small dead-end RO\\!. It was never platted to go through the Golf Course and the La Gorce Golf Course will remain for the distant and foreseeable future. Apache A venue is not needed as a roadway, If improved it would serve only two properties, the two single-family homes to the east and west, Both of these homes were built facing other existing roadways as if Apache Avenue did not exist. Description of Existing Encroachments. Currently, the Applicants utilize a portion of Apache Avenue as a driveway, The paved driveway sits north of the residence, extending from the west side of La Gorce Drive to the center of Apache Avenue. An iron gate, suspended between two posts, lies across the driveway and a canvas canopy used as a carport is located at the western end of the driveway, Part of a paved walkway, which extends south along the rear of the residence from the western edge of driveway to a wood deck, and a small corner of the wood deck jut out into Apache Avenue, Further, the Applicants maintain landscaping in Apache Avenue. A ficus hedge follows the north border of the driveway and then extends to the southwest along the center line of Apache A venue to the property border of La Gorce Golf Course, The open land situated within the perimeter of the ficus hedge is covered with grass. Proposed Use of Apache Avenue, The Applicants intend to continue using the Property as currently utilized. The Applicants do not propose any additions to the existing encroachments, Satisfaction of Criteria. The Applicants satisfy the criteria for granting a revocable permit listed in the following subsections of the City of Miami Beach Code Section 82-94. (1) Applicant's Need Is Substantial. The Applicants' need for the permit is substantial. Maintaining the encroachments subjects them to possible code enforcement. Further, denial of the permit will deprive the Applicants' of a place to park as they may not park along the right-of-way of La Gorce Drive, BERCOW & RADELL ZONI..... LAND U.. AND ...V....ON........T...L LAVV 1\1r. Fred Beckm<1nn March 1ST 20U6 Page 3 of 5 (2) Applicant Holds Title to an Abutting Property. The Applicants hold title to the property abutting Apache Avenue. See the attached opinion of title tor 6120 La Gorce Drive, (3) Proposed Improvements Comply with Regulations. Except for their location on the public right-of-way, the existing encroachments comply with all applicable regulations, (4) Grant of Application Will Have No Adverse Effect on GovernmentaVUtility Easements. Granting the permit will not adversely effect any easements on or uses of Apache Avenue. Apache Avenue is unencumbered by any easements, such as water and sewer. See the attached opinion of title for Apache Avenue. The City of Miami Beach is not using Apache Avenue for any purpose at this time, Nor has the City made any use of the property since at least January 1967 based on a review of aerial photographs of the area on file with the Miami-Dade County Public Works Department, (5) Alternatively: (a) Unnecessary Hardship Exists Depriving Applicant of Reasonable Use of the Land Arising out of Special Circumstances, or (b) Grant of Permit Will Enhance Neighborhood. A special circumstance exists that the denial of the permit would deprive the Applicants of a reasonable use of the right-of-way. The driveway for the Property has historically been located in its present position. Aerial photographs on file with the Miami-Dade County Public Works Department indicate that, at least since January 1967, the driveway for the Property has been located just as today, north of the Property in Apache Avenue. This situation represents an unnecessary hardship because if the permit is not granted the Applicants will be deprived of the traditional means of access to their property, The reason for the placement of the driveway off of the Property is unknown. However, the combination of the location of the lot and the shape of the lot may have compelled the placement of the driveway on the unused right- of-way. Of the numerous lots in the surrounding area, the Property is the only Jot that is triangular-shaped and sandwiched between two intersecting rights-of- way, Therefore, the circumstances are peculiar to the Property and the use of Apache Avenue is not generally applicable to other lands. Only one other residence abuts Apache Avenue, 400 W 62 Street located to the west, and the BERCOW & RADELL .-:0,....... LAND U.. AND -NV'''QtIoI'''''.NTAL LA. ~1r. Fred Beckmann March] 5, 2006 Page 4 of 5 Applicants' use of the right-of-way in no \vav deprives that property of anv current or future use of Apache Avenue. Further, the Applicants did not c-eate this special circumstance because they became the owners of the Property in April 2004. At a minimum, the City of Miami Beach has not used Apache Avenue for municipal purposes for over 39 years. During this same period or longer, the City has allowed the use of Apache Avenue by the prior owners of 6120 La Gorce Drive as a driveway, Furthermore, the possibility exists that the City has never used Apache Avenue since it was platted in 1925,81 years ago. The issuance of a revocable permit by the City will permit the applicants to have a reasonable use of Apache Avenue, (6) Granting Permit Does Not Confer Special Privileges. As stated above, only one other residence abuts Apache Avenue, and if they wish, they could also request a revocable permit for use of the western half of Apache Avenue. Therefore, granting the permit will not confer any special privilege on the Applicants that would otherwise be denied to others similarly situated in the same zoning district. (7) Granting Permit Will Be In Harmony With Code and Not Injurious to Surrounding Properties. The Applicants seek continued use of a portion of the right-of-way that is not being used either by the City or the public. Therefore, granting the permit will not adversely impact the surrounding properties and neighborhood and will not in any way be detrimental to the public welfare. Summary, Granting the requested revocable permit will be in harmony with the intent and purpose of the Code, and will not be injurious to the area involved or otherwise detrimental to the public welfare, The permit will provide the Applicants with a reasonable use of the right-of-way without harming anyone. Based on these reasons, the Applicants respectfully request your favorable review and recommendation of this application. BERCOW & RADELL aOo......... LAND U.. ANa .NV'''ON''.NTAL L.A""" Mr. Fred Beckmann March 15,2006 Page 5 of 5 If you have any questions or comments with regard to the application, please give me a call at (305) 377-6231. Sincerely, /Yf!~ Michael W, Larkin cc: Mr. & Mrs. Michael and Margo Buckner Mr. Matthew Amster BERCOW & RAoELL .ON,,,,.. LAND ..... ......0 ....v..O.........T..L. 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LAND USE AND ENVIRONMENTAL LAW '.~..J I,: 27 1'1 , . , " r ." i '.'. ~., DIRECT LINE: (305) 377-6231 E-Mail: MLarkin@BRZoningLaw.com August 14, 2006 VIA HAND DELIVERY AND EMAIL Mr. Fred Beckmann, Director Public Works Department City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 Re: Revocable Permit Application with regard to portions of Apache Avenue Right-of-Way adjacent to home located at 6120 La Gorce Drive, Miami Beach, Florida -Amendment to Application Dear Fred: We represent Michael and Margo Buckner ("Applicants") with regard to the captioned application. The Applicants have agreed to reduce the scope of the above application to the parameters discussed at our meeting with the City Manager. See Attached Sketch, At the same meeting, the manager asked that the Applicants agree to the following three conditions of approval: 1. remove the columns at the eastern end of the Applicants' driveway; 2. remove the carport canopy located in the middle of the driveway; and 3. remove the hedges situated adjacent to and on the center line of theoretical and unimproved Apache A venue. The Applicants are agreeing to remove the columns and the carport canopy. With regard to the condition concerning the hedges, please note that the Applicants did not plant these hedges. This is obvious based upon the size of the hedges and the date, April 2004, on which the Applicants purchased the single family home adjacent to the unimproved Apache Avenue right-of-way, Moreover, based upon the reduced scope of the application, the Applicants will have no control over this area of Apache A venue, Since the Applicants did not plant the hedges, it is inequitable to request that the Applicants remove these EXHIBIT "D" WACHOVlA FINANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD, SUITE 850' MIAMI, FLORIDA 33131 PHONE, 305,374,5300 . FAX, 305,377.6222 Mr. Fred Bechman August 14,2006 Page 2 hedges from the Apache Avenue right-of-way. Therefore, the Applicants are declining to accept the third condition of approval. We appreciate the opportunity to work with you, staff members within your department, and members of the City Administration in order to resolve this application in a manner in which everyone can support, We believe the Applicants are proceeding in good faith by reducing the scope of the pending application and by accepting the conditions of approval relating to the removal of structures that are adjacent to the Applicants' property. Please call me at (305) 377-6231 if you have any questions or comments with regard to the foregoing. I look forward to seeing you on Wednesday, September 6, 2006 at the City Commission hearing, Sincerel y, /1#f1J~ Michael W. Larkin MWL/so cc: Jorge Gonzalez, City Manager Fernando Vazquez, City Engineer Gary Kokorian Bob Middaugh, Assistant City Attorney Jeffrey Bercow, Esq, F:\Data\Docs\Buckner, Michael, Mr. and Mrs\Letter to F. Beckman 081106.doc BERCOW &. RADELL ZONING. 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J i 1 _: ~; LJ _.li..- ,'.';'. ;, ~'f';~~:~ ,r VIA HAND-DELIVERY August 30, 2006 Mr. Fred Beckmann, P.E., Director Public Works Department City of Miami Beach 1700 Convention Center Drive, 2nd Floor Miami Beach, Florida 33139 Re: Revocable Permit Application in connection with Property located at 6120 La Gorce Drive, Miami Beach, Florida - Alternative Permit Area. Dear Mr, Beckmann: This law firm represents Michael R. Buckner and Margo Buckner ("Applicants"), owners of the above-referenced property ("Property"), Attached to this letter, please find a sketch showing a smaller portion of the right-of-way for inclusion in the revocable permit application, Specifically, the alternative encompasses three (3) areas in the right- of-way: (A) the corner of the wood deck; (B) a portion of the sidewalk; and (C) the driveway. The alternative reduces the area of the revocable permit request by 70% from 6,847 square feet to 2,059 square feet. We will present the alternative sketch to the City Commission at the hearing on September 6, 2006. We firmly believe that the original and alternative areas for the revocable permit satisfy the criteria enumerated in the City Code and will not be injurious to the area involved or otherwise detrimental to the public welfare. If you have any questions or comments with regard this matter, please give me a call at (305) 377-6231. Sincerely, ~Iv~ MichaelW. Larkin Attachment cc: Mr. Fernando Vazquez, P.E. v'" Mr, Gary Kokorian Matthew Amster, Esq, EXHIBIT "E" WACHOVIA FINANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD. SUITE 850. MIAMI. FLORIDA 33131 -. '_"'r'" .,n.:: o::a7A I;~nn. FAX. 305.377.6222 . ~ lH ~J~ H~ ....:oj p~ ~n ~ ~~ ] J. i I ~~:iJ ~l~; ~!;!~:s 1!"'J!~ -~.". 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