2007-26590 Reso
RESOLUTION NO. 2007-26590
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON SEPTEMBER 5,
2007, TO CONSIDER ANAFTER-THE FACT REVOCABLE PERMIT REQUEST
BY MR. CARLO GAMBINO, AS OWNER OF THE RESIDENTIAL PROPERTY
LOCATED AT 5600 LA GORGE DRIVE, TO RETAIN THE EASTERN PORTION
OF AN IN GROUND SWIMMING POOL AND AT GRADE CONCRETE POOL
DECK, BUILT WITHIN THE REAR PLATTED FIVE (5') FOOT PUBLIC
UTILITY EASEMENT ADJACENT TO THE LA GORGE GOLF COURSE.
WHEREAS, Carlo Gambino (Applicant), own the residential property located at
5600 La Gorce Drive (Property), adjacent to the 56th Street street end; and
WHEREAS, the Property has encroachments consisting of the eastern portion of
an in ground swimming pool and at grade concrete pool deck, built within the rear platted
five (5') foot public utility easement adjacent to the La Gorce Golf Course. and
WHEREAS, in order to retain aforestated encroachments, the Applicant has
completed the application, and submitted a request for, an After-the-Fact Revocable
Permit; and
WHEREAS, pursuant to Chapter 82, Article I I I, Division 2, Section 82-93 of the City
Code, the Mayor and City Commission are required to set a public hearing to considerthe
aforestated request.
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 hereby set a public hearing to consider a request for an After-the-Fact
Revocable Permit by Mr. Carlo Gambino, as owner of the residential property located at
5600 La Gorce Drive Miami Beach, Florida, to retain the eastern portion of an in ground
swimming pool and at grade concrete pool deck, built within the rear platted five (5') foot
public utility easement adjacent to the La Gorce Golf Course and said hearing is hereby
called to be held before the Mayor and City Commission in their Chambers on the Third
Agenda Item ?
Date 7-t1-07
Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on September 5,
2007, and the City Clerk is hereby authorized and directed to publish appropriate notice of
the said Public Hearing in a newspaper of Miami Beach, at wh' h ti a and place all
interested parties will be heard. ;'
PASSED and ADOPTED this 11th day of J
ATTEST:
.-
M R
David Dermer
CITY CLERK
Robert Parcher
T: WGENDA\2006\may1006\consent\5600LaGorceDrRevocablePermitHearingReso.doc
APPROVED A3 TO
FORM $ LANGUAGE
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution setting a public hearing on September 5, 2007 to consider an after-the-fact Revocable
Permit request by Mr. Carlo Gambino to retain the eastern portion of in ground pool and at grade concrete
pool deck, built within the rear platted five foot (5) foot utility easement adjacent to the La Gorce Golf
Course.
Ke Intended outcome su ortea:
Increase Satisfaction with Neighborhood Character
Supporting Data (Surveys, Environmental Scan, etc.):
Appendix A/Site Survey
2007 Community Satisfaction Survey reports fairness and consistency in Code Enforcement as key
driver.
Issue:
Shall a Public Hearing be scheduled for September 5, 2007?
Item Summary/Recommendation:
Pursuant to City Code, Chapter 82, Article III, Division 2, upon receipt of a Revocable Permit application,
the City Commission shall schedule a public hearing to consider the request for anafter-the-fact revocable
permit.
Mr. Carlo Gambino , owner of the property located at 5600 La Gorce Drive has completed an application
for an after-the-fact revocable permit to retain encroachments built on the rear five (5) foot platted Utility
easement adjacent to the La Gorce Golf Course which is adjacent to his property. The encroachments
consists of, the eastern portion of an in ground pool and at grade concrete pool deck.
Based on permit records, the encroachments were constructed since 2006 and prior to 2007. The
applicants purchased the property in 2004.
The Administration recommends that a public hearing be scheduled for September 5, 2007.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Robert Halfhill, Public Works 6833
Si n-Offs:
Department Director Assistant Ci anager City Manager
FH M JMG
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T:WGENDA\2006\may1006\consent\5600 LaGorce Drive Condensed Title.doc
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ..-~
DATE: July 11, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING ' TO CONSIDER
AN AFTER-THE-FACT REVOCABLE PERMIT REQUEST BY MR. CARLO GAMBINO,
AS OWNER OF THE RESIDENTIAL PROPERTY LOCATED AT 5600 LA GORCE DRIVE
TO RETAIN THE EASTERN PORTION OF AN IN GROUND POOL AND AT GRADE
CONCRETE POOL DECK, BUILT WITHIN THE REAR PLATTED FIVE (5) FOOT
UTILITY EASEMENT ADJACENT TO THE LA GORCE GOLF COURSE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of the Resolution setting a public hearing on September
5, 2007.
BACKGROUND
Mr. Carlo Gambino purchased the property located at 5600 La Gorce Drive, in August 2004. Said
property has encroachments within the existing platted five (5) foot utility easement and the City
Right of Way (See Exhibit "A"). The encroachments consist of the following.
1. Portions of an in ground swimming pool
2. Portions of a concrete pool deck
3. Landscaping along the Right of Way
4. Decorative wrought iron fencing
5. Portion of 600-gallon buried tank
The existing utility easement is a platted easement in "Beach View Addition Subdivision as recorded
in the Miami-Dade County Public Records Book 9, Page 158. It is adjacent to the LaGorce Golf
Course, located at the rear of properties along La Gorce Drive.
On January 27, 2006 the Applicant applied and was granted Master Permit Number 60601693. The
applicant also received four (4) associated permits for the construction of a rear yard pool: Electrical
(BE0601156), Plumbing (BP060540/BP060541), Mechanical (BM060960). The pool and concrete
deck and portions of landscaping including the decorative wrought iron fencing are located at the
rear of the Applicant's property within a five (5) foot utility easement and adjacent to the 56th St.
Street-end a public right of way respectively. Mr. Gambino purchased a twenty (20) feet wide
easement from La Gorce Country Club, Inc that extends from the north property line to 14.50 feet
south of the residence south property line.
A Stop Work Order was issued on July 12, 2006 by the City, preventing the Applicant from
relocating a 600- gallon buried tank located within the 56th Street Street-end public right of way.
Following discussions with City staff, the Applicant has committed to remove the fencing and
landscaping presently encroaching within the 56th Street right of way following the completion of the
revocable permit process. Subsequently the owner requested that the process be initiated for the
granting of anAfter-The-Fact Revocable Permit for the retention of the encroachments listed above.
Staff has advised Mr. Gambino that Planning and Zoning issues must be addressed priorto initiating
the Revocable Permit process. Nevertheless Mr. Gambino has expressed his intent in moving
forward with the Revocable Right of Way Permit.
ANALYSIS
Because there are other zoning and planning issues that need to be resolved, staff recommended
delaying the setting of the public hearing. However, the applicant requested the public hearing be
set for September 5, 2007.
JMG/RCM/FHB/FV
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