HomeMy WebLinkAboutSubmittal-Javier Fernandez-PowerPoint Presentation6/27/24
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Background
• Amsdell Storage Ventures 64 LLC ("Amsdell") purchased the subject property — 7751 N.W. 2"d
Avenue (Folio No. 01-3112-061-0040) (the "Parking Parcel") — along with its sister parcel
located at 200 N.W. 79 Street ("Storage Parcel") in April 2020.
• At all times, including in the most recent sale to Amsdell, both the Storage Parcel and Parking
Parcel have been traded together under the same deed.
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Background
• Amsdell was cited for four (4) alleged violations: (i) no Certificate of Use; (ii) Failure to obtain a Business
Tax Receipt; (iii) Failure to maintain the property; and (iv) Parking/Storage of inoperable vehicles.
• Violations (iii) and (iv) were timely resolved.
• Amsdell plead guilty to the alleged violations at the October 6, 2022 hearing, although it was not aware
the Parking Parcel Use was not legally established with the prior Storage Parcel Uses.
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Background
• The Storage Parcel was originally developed in 1955 as an Entertainment Use (bowling alley,
Bowlarama Lanes).
• In 1965, the bowling alley was subsequently expanded to include a billiard room.
• In 1980, the Storage Parcel was further renovated into another Entertainment Use as a Skating
Rink (Super Star Rollertheque).
• Thereafter, in July of 2004, the Storage Parcel was converted from the prior Entertainment Use
to its present Storage Use.
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Background
• In reviewing the City's microfilm, we were surprised to learn that the original entertainment use(s)
and subsequent storage use on the Storage Parcel appear to have been authorized with very limited
off-street parking (6 gpaces along NW 2d Ct and an unknown number of spaces in the abutting
alley) and without any account of or use of the Parking Parcel.
• From the property records, it _appears that the Parking Parcel, Storage Parcel and neighboring lot at
7815 NW 2nd Ave ("ParkingL6f 2") were all previously traded together with Parking Parcel and
Parking Lot 2 serving as otff-street parking for the original entertainment uses and improved with
asphalt striping and lighting.
• Based on the available aerial photographs, it appears that Amsdell's predecessor --- Mitsukoshi
Miami LLC ("Mitsukoshi") — repaved and striped the previously fenced and paved Parking Parcel.
• While our Microfilm records request to the BuildingDepartment generated substantial records for
the Storage Parcel, it returned no records for the Parng Parcel.
• Therefore, it appears that while the evidence of the Storage use on the Parking Parcel goes back to
2005 (when the Storage Parcel conversion was completed) based on available historic aerials, we
cannot identify an approval that would establish its legal, non -conforming status.
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Status of Violations
• Following the retention of counsel and counsel's completion of analysis of the records
obtained from the City and applicable provisions of the City zoning code (Miami 21),
Amsdell directed us to proceed with compiling the necessary documents to process an
Exception application for review by the City and consideration of the Planning, Zoning &
Appeals Board (PZAB).
• The Applicant sought to cure the remaining use violations through the approval of an
Exception application.
• The Exception application was approved on November 1, 2023 — 12 months following
initial pre -application meeting — but do length of approval process and remaining
building permitting tasks chose to discontinue all use of lots for vehicle storage and
received an affidavit of compliance on 12/11/2023.
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Mitigation Standards — s. 2-817.(c)
Gravity of the violation
• Violations (storage of untagged vehicles; failure to obtain CU; failure to obtain BTR) not born of any new action of
Company. Merely the continuation of prior activity on the property which was seemingly legal (previously approved
with the conversion of Storage Parcel from prior Entertainment use) and continuous since 2004 without prior issue or
violation issued by City.
• Failure to maintain lot violation timely cured as was the removal of untagged vehicles from lot.
Any action taken by the violator to correct violations
• Company immediately engaged with City staff to correct the non-use violations.
• Company retained counsel to investigate prior use approvals and attempt to demonstrate prior approval of
parking/storage use on Parking Parcel.
• Company enlisted services of an architect to design Miami 21 parking lot design and authorized the submittal of
Exception application to legalize the existing use, which approval was granted on 11/1/2023 after 12 months and the
payment of over $7,000 in fees and costs (exclusive of legal fees incurred and lost income).
Any previous violations committed by the violator.
• To the best of our knowledge, Company has never previously been cited for any violation.
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Staff's Recommendation
• Staff has recommended approval of the Exception with conditions.
• Applicant agrees with Staff's recommendation, except for conditions 3 and 6:
• 3) No commercial vehicles may be permitted to park in the subject lot.
• 6) Individual vehicles shall be parked on the proposed parking lot for a period no longer
than sixty (60) consecutive days.
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