HomeMy WebLinkAboutR-07-0110City of Miami
Legislation
Resolution: R-07-0110
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01640x Final Action Date: 2/22/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD
AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF C-1 RESTRICTED
COMMERCIAL (15), TO ALLOW SALES OF USED AUTOMOBILES, SUBJECT TO
ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2220 NORTHEAST 2ND AVENUE AND 180 AND 186
NORTHEAST 23RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT
FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING
CONDITIONS: 1) NO EMPLOYEE PARKING ONSITE, 2) NO TEST DRIVING IN THE
NEIGHBORHOOD, 3) THE HOURS OF OPERATION MUST CEASE BY 8:00 P.M.,
4) NO AMPLIFIED NOISE AND COMPLIANCE WITH SECTION 36.3 AND 36.4 OF
THE CITY CODE.
WHEREAS, the Miami Zoning Board at its meeting on October 30, 2006, Item No. Z.11, following
an advertised public hearing, adopted Resolution No. ZB 06-1252 by a vote of four to two (4-2),
DENYING the special exception as hereinafter set forth; and
WHEREAS, on November 13, 2006, Mark Alan Levine, Esq., on behalf of Lilliana Murillo, timely
filed an appeal of the decision of the Zoning Board; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, finds the application for the Special Exception does meet
the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable
and in the best interest of the general welfare of the City of Miami and its inhabitants to reverse the
recommendation of the Zoning Board and grant the Special Exception as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The recommendation of the Zoning Board to deny the Special Exception as listed in
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
to allow sales of used automobiles, subject to all applicable criteria, for the properties located at
approximately 2220 Northeast 2nd Avenue and 180 and 186 Northeast 23rd Street, Miami, Florida,
more particularly described in "Exhibit A," attached and incorporated, pursuant to plans on file and
City of Miami
Page 1 of 2 File Id: 06-01640x (Version: 5) Printed On: 3/20/2017
File Number: 06-01640x Enactment Number: R-07-0110
subject to a time limitation of twelve (12) months in which a building permit must be obtained, is
reversed, and the Special Exception granted, subject to the following conditions: 1) no employee
parking onsite, 2) no test driving in the neighborhood, 3) the hours of operation must cease by 8:00
p.m., 4) no amplified noise and compliance with Section 36.3 and 36.4 of the City Code.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 06-01640x (Version: 5) Printed On: 3/20/2017