City of Coral Gables

File #: 14-3453    Version: 1 Name: 2418 Ponce Encroachment - Bricktop's Restaurant
Type: Resolution Status: Adopted
File created: 10/15/2014 In control: City Commission
On agenda: 10/28/2014 Final action: 10/28/2014
Enactment date: 10/28/2014 Enactment #: 2014-229
Title: A Resolution authorizing encroachments into the public right-of-way, consisting of the installation of a steel canopy with aluminum and wood trim, that extends approximately one foot and nine inches (1’9”) beyond the property line, at an elevation of nine feet (9’) and for a length of eighteen feet and ten inches (18’10”) above the sidewalk, adjacent to 2418 Ponce de Leon Boulevard, Coral Gables, Florida.
Attachments: 1. Signed Resolution 2014-229, 2. C-3 Signed Cover Memo, 3. 2418 Ponce Resolution, 4. Proposed Plans - Survey, 5. Existing & Proposed Pictures
Title
A Resolution authorizing encroachments into the public right-of-way, consisting of the installation of a steel canopy with aluminum and wood trim, that extends approximately one foot and nine inches (1'9") beyond the property line, at an elevation of nine feet (9') and for a length of eighteen feet and ten inches (18'10") above the sidewalk, adjacent to 2418 Ponce de Leon Boulevard, Coral Gables, Florida.
Department Head Recommendation
Approval.
Brief History
Mr. Burton Hersh, Architect, on behalf of Balbro 25 26, LLC., Owner, has requested permission to encroach into the right-of-way a steel canopy with aluminum and wood trim, that extends approximately one foot and nine inches (1'9") beyond the property line, at an elevation of nine feet (9') and for a length of eighteen feet and ten inches (18'10") above the sidewalk, adjacent to 2418 Ponce de Leon Boulevard, Coral Gables, Florida.
 
The proposed encroachment has been reviewed and approved by the City's Board of Architects on August 14, 2014 under permit number AB-14-08-2476; and it is included in the exterior improvements plans for the Bricktops Restaurant prepared by Burtonhersh Architecture / Planning, and processed under building permit number BL-14-08-3000.
 
It is recommended that this request be approved, subject to the following requirements of the Public Works Department.
  1. The proposed encroachments shall conform to the Florida Building Code and all pertinent Codes.
  2. The City of Coral Gables reserves the right to remove, add, maintain, or have the Owner remove any of the improvements within the right-of-way, at Owner's expense.
  3. The Owner shall maintain the proposed encroachments in good condition at all times, at Owner's expense.
  4. In the event the Public Works Department must issue a permit for a utility cut in the future, affecting the area in which the encroachments are approved, the Owner shall replace any portion of the approved encroachment, at Owner's expense
  5. The Owner shall meet with the City Attorney's office for the purpose of providing all the information necessary for the office to prepare a Restrictive Covenant to be executed by the Owner, which runs with the title of the property, and which states, in addition to the above mentioned requirements, that the Owner will provide Public Liability Insurance coverage for the encroachment in the minimum limits required by the City, and naming the City as an additional insured under the policy.
  6. The copies of the Restrictive Covenant, when fully executed and filed, together with certification of required insurance, shall be presented to the Development Services and Public Works Departments and permits thereafter be obtained for the work from both of these Departments.