Incomplete 94-21240 R~G~ AGENDA - JI/LY 27. 1994
R - 3. TI E ( CONTINUED )
3:00 P.M. PUBLIC HEARING
E. COMMISSION MEMORA/~DUM NO. 564-94
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF ROBERT M.
SWEDROE, FOR THE RETENTION OF TWO DRIVEWAYS AND LANDSCAPING, INCLUDING A BERN A/qD LARGE
ROCKS CONSTRUCTED ON THE CITY-OWNED PARKWAY ABUTTING 3700 PRAIRIE AVENUE A~D FOR USE OF THAT
PORTION OF THE CITY OWNED PARKWAY CONTAINING THESE IMPROVEMENTS.
1. NOTICE OF PUBLIC HEARING.
2. REVOCABLE PEPsNIT (RESIDENTIAL PROPERTY). (ROBERT M. SWEDROE FOR 3700 PPj~IRIE AVEbF3E)
/U3MINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION GRANT THE APPLICANT ROBERT M.
SWEDROE, A REVOCABLE PERMIT FOR THE RETENTION OF AN INGRESS BRICK PAVER DRIVEWAY ~ A
SEMICIRCULAR BRICK PAVER DRIVEWAY A~rD LANDSCAPING WITH A FOUR FEET MINIMUM CLEAR/uNCE FROM
THE EDGE OF THE PAVEMENT, ON THE CITY RIGHT-OF-WAY AT 37TH STREET AND PRAIRIE AVENUE,
SUBJECT TO THE IMMEDIATE REMOVAL OF THE LANDSCAPING AND TREES WHICH ARE WITHIN FOUR FEET OF
THE PAVEMENT EDGE, ROCKS AND THE BERMS WHICH ABE HAZARDOUS IN THEIR PRESENT LOCATION IN THE
CITY PARKWAY.
(NOTE: A REQUEST BY ROBERT M. SWEDROE FOR A REVOCABLE PERMIT FOR CONSTRUCTION OF A CIRCULAR
DRIVEWAY AT 7747 ATL~/~TIC WAY, }{AS BEEN DEFERRED)
(PUDLIC WORKS)
(SCHEDULED ON 7/1/94)
ACTION.' Public Hearing held and concluded. Attorney Howard Weinberg, representing
applicants, appeared and was heard, and advised the Commission that the applicant has
withdrawn his request for a revocable permit for Atlantic Way.
Commissioner Pearlson suggested that the permit application should be a standardized format
with applicable criteria (as each request is unique) to avoid any complications in the
process. Commissioner Shapiro suggested that Administration revisit the revocable
permit/ordinance and the terms under which permits are issued; that revocable permits should
only be issued for improvements above ground level in hardship cases and to be extremely
cautious in issuing these permits and suggested Administration to review this after summer
recess. The City Manager clarified that if a permit had been requested in this case, that
the appropriate types of improvements would have been approved but that the dangerous
improvements (public safety issue/berms/improvements closer than 4 ft. from the pavement)
would not have been approved and requested Commission approval of the permit subject to the
removal of those improvements that are within four feet. He further stated that he and the
City Attorney will report back in September regarding the tightening of
eligibility/criteria of the process.
Resolution No. 94-21240 approved granting after-the-fact revocable permit with the following
condition: removal of those improvements within 4 ft. of the pavement and removal of the
berm.
(VOTE: 7-0)
Commissioner Pearlson requested that the issue/process of revocable permits be further
discussed in order to establish criteria (by area or by street/North Bay Road/Prairie
Avenue) and stated that the issue be sent to the appropriate committee. Commissioner Kasdin
commented that each request must be judged independently and that the issue of paving over
swales should be considered separately.
NOTE: Neighborhood petitions attached to permit application.
ACTION SUMMARy JULy 27, 1994 -13-