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Summary Minutes:Regular City Commission Meeting Febmary 19,2015 City of Sunny Isles Beach,Florida <br /> said right, not only to back out but it is the ingress and egress for those three (3) parking <br /> places in the back of the property. Commissioner Levin asked if there is parking in that <br /> seven feet, and Ms. Hasbun said no. Mayor Scholl said there are only three (3) parking <br /> spaces in the back of the Miami Beach Club. Vice Mayor Gatto said the parking on the side <br /> will they also have to use the egress? Ms. Hasbun responded no, they have a separate <br /> driveway. Mr. Bruscantini said even though there is only three parking spaces in the back, <br /> there are actually six(6)parking spaces and there is limited space to acces's that space, it is a <br /> safety issue. Attorney Zobert said there are three large parking spaces but six cars can park <br /> there. There are only 73 parking spaces for 108 units. Vice Mayor Gatto said we are really <br /> talking about three parking spaces that would have to deal with this. Ms.Hasbun pointed out <br /> that driveway, since we now have a property line running right through that driveway, the <br /> driveway is non-conforming that is why those areas should have at least 25 feet setback from <br /> the property line. Mayor Scholl said then they have been working off the benevolence of <br /> their neighbor for several years just because nobody brought it up. The neighbor could have <br /> put a chain-link fence down that driveway years ago if they wanted to. Vice Mayor Gatto <br /> asked if there is anything that would resolve this, with the fence maybe. Attorney Chesnick <br /> said they moved the fence as close to the property as they can, Mr. Pino had reached out to <br /> Ms. Hasbun and he asked them to move the fence, and so they moved the fence. Mayor <br /> Scholl asked how far off of the property is the fence? Ms. Hasbun said they actually moved <br /> it to the northwest corner. Commissioner Aelion said the 15 feet would allow an easier <br /> ingress and egress, and Ms. Hasbun said that is correct, and she showed the new sketch. <br /> Attorney Zobert said then that they are proposing to only setback at the very front, the fence <br /> is still sitting there. <br /> Commissioner Aelion said that no legal document from the courts has been presented,there <br /> is no recorded easement, and Attorney Chesnick said that is correct. Commissioner Aelion <br /> said he is satisfied with the extra setback that is being allowed here today but the fact that <br /> they are now setting back an extra 15 feet on the northwest corner,it should resolve that issue <br /> of concern. Mr. Pino said they do have three parking spots and for years they have been <br /> parking in tandem because the spaces were deep and of course they have the restriction of not <br /> enough parking spots, and his concern is that they have only given them 15 feet, 3 of it they <br /> cannot use, and so it is 12 feet. If three cars are parked in there, the only way to get out is by <br /> backing out. They know it is not in compliance to park more than 3 vehicles but since it is so <br /> deep they have been parking six cars in there for 35 years. <br /> Mayor Scholl said the properties were split 35 years ago, you knew the Seashore Club was <br /> giving that up and that was common knowledge to everybody. If you really believed you had <br /> an easement than you should have recorded it,and so you waited until the zero hour when the <br /> neighboring property owner decided to put a property line fence up,and he always had a right <br /> to do that. You waited until the zero hour and now you are saying that there is an implied <br /> easement here. The issue here is that you have had 35 years to deal with your parking issue, <br /> and unfortunately everybody sat on their rights. Unless you can prove to the City Attorney <br /> that there is an easement there, but if there was that would have been proffered. Either you <br /> have an easement or you don't. City Attorney Ottinot said before the meeting he had asked <br /> Attorney Zobert for proof of easement and he had indicated that he did riot have the proof. <br /> Mayor Scholl said that the fact is if the owners wanted to put up a chain link fence they could <br /> come to the Building Department and get a permit to do it and not have to come to the <br /> 21 <br />