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94-21240 RESO Incomplete . , . . RESOLUTION NO. 94-21240 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 (2) DRIVEWAYS AND LANDSCAPING, INCLUDING A BERM AND LARGE ROCKS CONSTRUCTED ON THE CITY-OWNED PARKWAY ABUTTING 3700 PRAIRIE AVENUE AND FOR USE OF THAT PORTION OF THE CITY OWNED PARKWAY CONTAINING THESE IMPROVEMENTS. WHEREAS, Robert M. Swedroe is the owner of 3700 Prairie Avenue, property located in the City of Miami Beach, Florida; and WHEREAS, the renovation of two driveways and landscaping, including, a berm and large rocks constructed on the City-owned parkway abutting 3700 Prairie Avenue and for use that portion of the parkway containing these improvements; and WHEREAS, Mr. Swedroe has requested a Revocable Permit from the City, attached hereto and incorporated herein as "Exhibit "A", for the aforestated improvements on City- owned property. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached Revocable Permit in favor Robert M. Swedroe, for the retention of two (2) driveways and landscaping, excluding a berm and large rocks and trees located closer than four feet to the edge of street pavement constructed on the City-owned parkway abutting 3700 Prairie Avenue and for use of that portion of the City-owned parkway containing these improvements. PASSED and ADOPTED this 27th day of July ,1994. ATTEST: MAYOR CITY ClERK FORM APPROVED LEGAL DEPT. ~ By .J Gy '.. l-n-<-+ RJNcnm R)Adsk4\reso\a:\swedroe.res(7-22-94) I z4' I PRAIRIE AVE. .. ?e ~ ; 3=1(J~ H7TI'J I l' ~ .1 t3Hf1 "':lI3dO..v;V'; ;~:OI' --j .~ ~ I I I ~ j I ! ~ . 11:r,;;--t ---. . - .----:1':',..----.- -'."V ~ . 'r:---- ~ I : I I : t I I I t:J I ~ !___~ ._ I., ~ I: ~ . \, o ..., .' ~I ~ :::~ " i !II , ~ ~~~ ~ ))~ . ~ ~ () . lit ". ..,., 1-- '1 . J. -----. o o l:"- e!) '."'- .. -; , 1 . I : I : lli. , * i ; , ' I ~. I . I I t-:- . ."~ t: II '", ----..-...."1..... I, .. . ----r----- --+----t t:J Z S2 u 9 ~ ~~ E~ ~o >o!i: <t:J ~;: ~B ~~ 8~ ~ ~~ Cll I ~ i: tt ~ 10 , , , I , , , I , ./ , -< t:: I~ I I I Clara Mae & Clara Sue Stegemann 3437 Chase Avenue Miami Beach, FL 33140-3146 .5.3 I.(.'~ V '1 . !1:trrJDeJ' :..' '/I/Ie"-Rj. '.; I'" I .......... ,- r '.: , ' "" el7", '. c.: I jj' " (),< ,-)/.:~~-,.- ", July 11, 1994 Mr. Roger Carlton, City Manager The City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, FL 33139 Re: Commission Meeting, July 27, 1994 3:00 p.m. Robert Swedroe's request for revocable permit for retention of two driveways (three access points), landscaping, berm and rocks in the City-owned parkway abutting 3700 prairie Avenue Dear Mr. carlton: We reside at the above address, one-half block from Mr. Swedroe's home. We object to his request for a revocable permit and wish to have our objections as set forth in the enclosed letter brought to the attention of the Commission and made a part of its record in this matter although we cannot appear in person at the appointed time. Thank you. Very truly yours, ~~~ ~&. Clara Sue Stegemann cc: All City Commissioners 81 \ Clara Mae and Clara Sue Stegemann 3437 Chase Avenue Miami Beach, FL 33140-3146 July 11, 1994 The City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, FL 33139 Attention: Mr. Roger Carlton, city Manager All city commissioners Re: Request by Robert Swedroe for a revocable permit to allow him to retain two driveways and landscaping on the city- owned parkway abutting 3700 Prairie Avenue Ladies and Gentlemen: without permission from the City of Miami Beach, Mr. Swedroe paved an elliptical shaped driveway with two access points (in addition to the two-car access point he already had) and installed landscaping, rocks and berm on the city-owned parkway. The entire additional driveway is on the City-owned parkway. He now requests a revocable permit to avoid the City's requiring him to remove it. We have resided for many years one-half block from Mr. Swedroe and we Object to his request for the following reasons. In addition to the municipal infrastructure concerns which I understand the Public Works Department will articulate to you, the visual character of the entire neighborhood would be affected, and we believe adversely, if Mr. Swedroe, and others, who may feel equally inclined and entitled, absorb the City-owned parkways to their own private purposes. We have relied on the character of our streets and parkways in buying, retaining and improving our home, and do not want to live in a row-house type of neighborhood, with driveways adjacent to the streets. In this regard, Mr. Swedroe's construction might also compromise the integrity of the regulatory scheme of setback requirements which presumes the existence of the city-owned parkways. Our additional concerns relate to pedestrian and vehicular safety, esthetics, neighborhood character and fairness. Although Mr. Swedroe's design is attractive, it is neither suitable nor appropriate or fair to his neighbors. 85 The City of Miami Beach July 11, 1994 Page two Mr. Swedroe's home faces 37th street between Chase and prairie Avenues. His corner lot (150' x 65')is approximately 150 feet in width and spans about one-half of 37th Street. The City-owned parkway in question extends the entire width of Mr. Swedroe's lot and lies between the single-lane two-way traffic street and the public sidewalk in front of his home. In a sense it is a grassy shoulder to 37th Street that is common to almost all of the streets in the residential areas of Miami Beach. Mr. Swedroe has for many years had access across the City-owned parkway for a two-car paved concrete straight driveway from 37th street up to an awninged two-car carport at the front of Mr. Swedroe's house on its western side. I believe this driveway led up to what used to be a garage, but has apparently since been closed in. In addition to this driveway, Mr. Swedroe landscaped the entire remainder (approximately 115+ feet) of the City-owned parkway in front of hi. home, installed rocks and berms on it and constructed on it an elliptical shaped driveway, with two openings to 37th street. The entire additional elliptical shaped driveway is on the City-owned parkway, not just the additional two access points. The arc of the elliptical driveway abuts the pUblic sidewalk. No part of Mr. Swedroe's front yard is utilized for the driveway. Mr. Swedroe has literally moved out onto the City-owned parkway, absorbing it as an extension of his property, while not bothering to utilize the property that is already his, as all of his neighbors have done, and not bothering to secure permission in advance. This type of over-reaching is improper and should not be condoned or ignored or treated lightly. As an architect, surely Mr. Swedroe must have known that permission was required for him to build any driveway, much less to build it on City-owned property! He was simply challenging the City and the neighbors to do something about it after the fact. If his need is to provide parking for visitors, then he should design a driveway which utilizes his own property and not the City-owned parkway and apply for a permit in advance of the construction. Aside from the over-reaching nature of this request and the presumptiousness of using City-owned property without permission, the City had substantive reasons for retaining title to this parkway when the lots were platted, reasons which are still valid today and should be honored. I was informed by the Public Works Department that the Department had objections to Mr. Swedroe's ~ 86 ) ," The city of Miami Beach July 11, 1994 Page three request concerning the utilities and other municipal infrastructure concerns. I defer to the Department to express those concerns to you in a more informed manner than I could without a great deal of expensive and time-consuming research. Since the requested permission is in addition to the single driveway access which the city customarily allows (Mr. Swedroe's previously existing and continuing driveway is a two-car access driveway), and since the new driveway runs almost the entire length of and is entirely on city-owned property, and since granting the requested permission would (i) undermine the character of the neighborhood, (ii) potentially create pedestrian and traffic safety problems and difficulties with respect to the municipal infrastructure, and (ii) reward an intentional transgressor, we believe this request should be denied forthwith. Thank you for your consideration of our opinion and concerns. Very truly yours, 8k~~~ 9.t 5l;-;.'AoAAHA- Clara Mae and Clara Sue stegem~~-r, 87 , REVOCABLE PERMIT (RESIDENTIAL PROPERTY) THIS AGREEMENT, made on this day of , 1994 between the CITY OF MIAMI BEACH, (the city) and ROBERT M. SWEDROE, (the permittee). WITNESSETH WHEREAS, the Permittee is the owner of property abutting the Demised Premises to the north; located at 3700 prairie Avenue, and legally described as: [Insert legal description] WHEREAS, the Permittee wishes to make an improvement on the Demised Premises; and WHEREAS, the City, for and in consideration of the restrictions and covenants herein contained, hereby permits the exclusive use of a City right-of-way, as described in Exhibit "A", attached hereto and incorporated herein, for the period of twenty (20) years commencing on , 1994 (the Demised Premises). IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: That the recitations, statements, covenants, warranties and agreements hereinabove captioned and set forth hereinabove and in the attached Articles are true and binding upon the respective parties hereto. ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall use the Demised Premises for the construction of an ingress brick paver driveway and semicircular brick paver driveway and landscaping in the exact configuration as described in Exhibit "A", attached hereto and incorporated herein. 1 No other improvement of any kind shall be made to the Demised Premises without the prior written consent of the Mayor and city commission. ARTICLE II IMPROVEMENTS BY PERMITTEE The Permittee shall have sole responsibility for obtaining all regulatory approvals, permits or licenses required for the placement of such improvements upon the Demised Premises. All improvements made by Permittee shall be removed from the premises at the expiration or termination of this permit. Removal by the City of any improvements made by the Permittee or portions thereof shall be at the sole expense of the Permittee and governed by Article X hereunder. ARTICLE III CONDITION OF PREMISES AND MAINTENANCE The Permittee, at its own expense, 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 safe, clean condition, free of grease or refuse and debris. Determination of the condition of said Demised Premises shall be made by the city. ARTICLE IV INDEMNIFICATION Permittee agrees that it will indemnify, hold and save the City, their officers, agents, contractors and employees whole and harmless and at city's option defend same, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments of any nature recovered from or asserted against City on account of injury or damage to person or property to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by any act, omission, negligence or misconduct on the part of Indemnitor or any of its agents, servants, employees, contractors, guests, licensees or invitees or of any other person entering upon the Demised Premises used hereunder with the express 2 or implied invitation or permission of Indemnitor, or when any such injury or damage is the result, proximate or remote, of the violation by Indemnitor or any of its agents, servants, employees, contractors, guests, licensees orinvitees of any law, ordinance or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use by Indemnitor, its agents, servants, employees, contractors, patrons, guests, licensees or invitees of the Premises used hereunder, or arises out of any action challenging the granting or legality of this Revocable Permit. Indemnitor covenants and agrees that in case City shall be made party to any litigation against Indemnitor, or in any litigation commenced by any party against any party other than Indemnitor relating to this Agreement or to the Premises used hereunder, then Indemnitor shall and will pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or imposed upon City by virtue of any such litigation, including appeals. ARTICLE V NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved on the Demised Premises shall be at the risk of the Permittee or the owner thereof. The City shall not be liable to the Permittee or owner for any damage to said personal property. ARTICLE VI CITY'S RIGHT OF ENTRY The City or any of its agents, shall have the right to enter upon the Demised Premises at any time for the purpose of inspecting or to gain access to or repair any utilities located within any city easement. Such right of entry shall, likewise, exist for the purpose of removing structures, improvements, alterations or landscaping which do not conform to this permit. Any removal of the above, or damage to the allowed improvement or landscaping made by the city and necessitated by the Permittee's use of said Demised Premises, shall be at the sole expense of the Permittee. Further, the City shall not be responsible for the restoration of 3 " . . the premises, its fixtures, fences, walls, or landscaping, in the event such are damaged or removed by the city in order to inspect, repair or gain access to 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 become a lien upon the Permittee's abutting property, which may be foreclosed within one year of its filing. ARTICLE VII REVOCATION OF PERMIT It is understood and agreed between the parties hereto, that the city may, in its sole discretion, upon ten days' written notice to the permittee, cancel or terminate this permit. ARTICLE VIII NOTICES It is understood and agreed between the parties hereto that written notice addressed to the Permittee and mailed or hand delivered to 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. Notice by U. S. Mail shall be deemed effective when mailed. ARTICLE IX ASSIGNMENT Without the written consent of the City first obtained in each case, the Permittee shall not sublet, assign, transfer, mortgage, pledge, or dispose of this permit for the term hereof. ARTICLE X SURRENDER OF PREMISES At the expiration of this Permit or cancellation thereof, permi ttee shall, without demand, quietly and peaceably deliver possession of the Demised Premises free of any walls, fences or 4 . . other like fixtures or improvements. The Permittee shall be responsible for the expenses of putting the Demised Premises in said condition. If said premises are not in such condition, at the expiration or cancellation of this permit, Permittee hereby agrees that the City shall have the right to restore the Demised Premises to such condition. The Permittee agrees to reimburse the city for all such expenses within thirty (30) days of mailing of a statement to the Permittee at the address indicated in Article 8. If not so paid, the expenses incurred by the city in so doing shall become a lien upon the Permittee's abutting property and/or leasehold and may be foreclosed within one year from the filing of such a lien, or the City, at its option, may seek such other remedies as may be allowable by law. PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY READ THE FOREGOING REVOCABLE PERMIT AND KNOWS THE CONTENTS THEREOF AND FULLY REALIZES ITS MEANING AND SIGNS THIS REVOCABLE PERMIT OF HIS OWN FREE WILL. IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first above written. CITY OF MIAMI BEACH Mayor Seymour Gelber ATTEST: City Clerk PERMITTEE Robert M. Swedroe witness FORM AP L Witness ~ RJA/cnm RJAdsk4\a: \Swedroe. rev 7-25-94 DIlle ~ J~ 1151 / 5 CITY OF MIAI..t1'l 'BEACH . . CITY HALL 1700 CONVENTION CENTER DHIVE MIAMI BEACH f.'LOAIDA 33139 COMMISSION MEMORANDUM NO. .~lc.j-qy TELEPHONE: (305) 673.7010 FAX; (305) 673.1782 OFFICE OF THE CITY MANAGER FROM: Mayor Seymour Gelber and Members of the City Commission Roger M. Carlton n . (J J City Manager ~ DATE: July 27, 1994 TO: SUBJECT: REVOCABLE PERMIT TO ROBERT M. SWEDROE, ALLOWING THE RETENTION OF A SEMICIRCULAR DRIVEWAY WITH BRICK PAVERS AND LANDSCAPING TREES ON THE CI1Y RIGHT OF WAY AT 37TH STREET ADJACENT TO THE PROPERTY LOCATED AT 3700 PRAIRIE AVENUE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission grant the applicant Robert M. Swedroe, a Revocable permit for the retention of an ingress brick paver driveway and a semicircular brick paver driveway and landscaping with a four feet minimum clearance from the edge of the pavement, on the City right of way at 37th Street and Prairie Avenue, subject to the immediate remlWal of the landscaping and trees which are within four feet of the pavement edge, rocks and the berms which are hazardous in their present location in the City parkway. BACKGROUND: Robert M. Swedroe and wife Rita own the property located at 3700 Prairie Avenue, Lot I, Block 7 of First Addition to Mid Golf Subdivision, as recorded in Plat Book 7, page 161 of the Public records of Dade County, Florida. The Swedroes have constructed a semi circular brick paver driveway in addition to the brick paver ingress driveway, with berms, large rocks and trees on the City right of way at 37th Street, adjacent to their property. The City notified the Swedroes, the above mentioned items were placed on City right of way without City permission, in a letter dated March 22, 1994. The Swedroes applied for a Revocable permit for the use of City right of way, to retain the ingress driveway, the semicircular driveway and the landscaping. , At the City's June IS, 1994 Commission meeting. Resolution No. 94-21205 was passed setting a Public Hearing for July 27, 1994, for considering this Revocable permit request. Public: Notices were published and Notices were mailed to residents within the 375 feet radius. Attached is a letter by property owners at 3437 Chase Avenue, who state they cannot attend the Hearing. 81 AGI~~:~ -3- S DATE t-2i-9tj COMMISSION MEMORANDUM Page 2 July 27, 1994 ANALYSIS: The Swedroes have completed the application requirements including payment of $1000.00 application fee for a Revocable permit. The Administration recommends that the Mayor and City Commission approve the retention under this Revocable permit of the brick paver semicircular driveway and trees and landscaping that are in the City right of way meeting the minimum four feet clearance from the edge of the street pavement, and require the immediate removal of the berms and rocks, which are hazardous in their present location. As required by the Revocable permit, adequate insurance and all other requirements as set forth in the attached permit, must be provided and maintained during the life of the Revocable permit. An annual fee of $225.00 shall be paid to the City for the use of the City right of way. CONCLUSION: A Revocable permit should be granted for the semicircular brick paver driveway and landscaping trees on City right of way, that are four feet clear of the street pavement edge, and shall be subject to the removal of the berms and rocks in the parkway by the Swedroes. Attachments 8Z C:/WP51/COMMEMO/SWEOPRAl