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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 1
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Jimmy L. Morales, City Manager
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| DATE: November 24, 2020
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| | | | | | | | | TITLE: | PRE-1942 SINGLE FAMILY HOME FENCE HEIGHT REQUIREMENTS
ACTION REQUESTED:
Discuss the item and recommend that the Planning Board transmit the attached ordinance to the City Commission with a favorable recommendation.
ADMINISTRATION RECOMMENDATION:
Conclude the item and recommend that the Planning Board transmit the attached ordinance to the City Commission with a favorable recommendation. |
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| | | | | | | | HISTORY:
| | On October 14, 2020, at the request of Commissioner Micky Steinberg, the City Commission referred the proposed draft ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board by (item C4I). |
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| | | | | | | | ANALYSIS:
| Recently, the City code was amended to allow properties where the required yard is elevated to adjusted grade, to measure the height of fences, walls and gates from adjusted grade along a side or rear yard. The code also requires that the portion of fences or walls located above 4 feet in height from adjusted grade consist of open pickets. In all other instances, walls and gates are measured from grade, which is typically the sidewalk elevation at the front of the property.
There have been instances where a pre-1942 architecturally significant home has a very low sidewalk (grade) elevation, and a rear yard that has been elevated above grade, for example as part of a pool deck construction. The proposed amendment would apply only to existing pre-1942 architecturally significant homes, where a substantial portion of the existing rear yard and/or side yard is located at least 12 inches above grade. Specifically, pre-1942 homes with this condition would be able to measure the overall height of fences, walls and gates from adjusted grade, along a side or rear yard, including a side yard facing a street.
The proposed modification is intended to address privacy concerns related to unique circumstances where there is an elevated side and rear yard on the lot of an architecturally significant single-family home constructed prior to 1942. In these instances, it may not be feasible to modify the existing yard and raise it to adjusted grade, in order to create a buffer area adjacent to the property line and provide the ability to construct a higher fence along the property line.
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| | | | | | | | CONCLUSION:
| | The administration recommends that the LUSC endorse the proposal and recommend that the Planning Board transmit the attached draft ordinance to the City Commission with a favorable recommendation. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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