HomeMy WebLinkAboutR-11-0185City of Miami
Legislation
Resolution: R-11-0185
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00027xc Final Action Date: 4/28/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6, ENTITLED
"NONCONFORMING USES," OF ZONING ORDINANCE NO. 13114, THE MIAMI 21
CODE, AS AMENDED, TO EXTEND THE USE OF LEGALLY NON -CONFORMING
ACCESSORY PARKING, ABUTTING A "T3-R" PREVIOUSLY APPROVED AS A
TRANSITIONAL USE UNDER PRIOR ZONING ORDINANCE 6871, FOR AN
ADDITIONAL TERM OF UP TO TWENTY (20) YEARS, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 770 AND 776 NORTHEAST 80TH STREET, MIAMI,
FLORIDA.
WHEREAS, Article 7, Section 7.2.6, entitled "Nonconforming Uses", establishes the process by
which accessory parking abutting T3-R areas, approved as transitional uses under prior zoning
ordinances that were nonconforming prior to the adoption of the Miami 21 Code, may seek an
extension of the use for an additional term of up to twenty (20) years; and
WHEREAS, the original conditional use approval for the property located at approximately 770
and 776 Northeast 80th Street, Miami, Florida (the "Property"), was received under Ordinance No.
6871; and
WHEREAS, the original conditional use approval, under Ordinance No. 6871, permitting use of
lots for off-street parking facilities with a vehicular access point on Northeast 80th Street, Miami,
Florida, in conjunction with commercial uses fronting Northeast 79th Street, Miami, Florida, was
granted on September 15, 1965, pursuant to Resolution No. 36942; and
WHEREAS, the original conditional use granted pursuant to Resolution No. 36942, was not
considered to be a permanent use, but only a transitional use for the Property, granted to the then
owners of the Property as a temporary solution, when it was a far less populated area; and
WHEREAS, the Little River Club has continued the transitional use of the parking lot with
vehicular access through Northeast 80th Street, Miami, Florida, for approximately forty-five (45) years
by receiving extensions pursuant to the provisions in superseding zoning ordinances; and
WHEREAS, T3-R area to the north, a well established single family residential neighborhood, is
negatively impacted by continued vehicular access to The Little River Club parking lot from Northeast
80th Street, Miami, Florida; and
WHEREAS, in the past forty-five (45) years the residential neighborhood north of Northeast 80th
Street, Miami, Florida, has grown, and the increased traffic flow to and from the Little River Club
parking lot has adversely affected the residential neighborhood; and
WHEREAS, in the past forty-five (45) years, the Property has not identified a permanent solution
that does not adversely affect the abutting residential neighborhood; and
City of Miami
Page 1 of 2 File Id: 11-00027xc (Version: 2) Printed On: 10/5/2017
File Number: 11-00027xc Enactment Number: R-11-0185
WHEREAS, approval of an Exception for accessory parking abutting a T3-R area is inconsistent
with the applicable criteria set forth Article 7, Section 7.2.6 of the Miami 21 Code at this time;
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 Exception pursuant to Article 7, Section 7.2.6, entitled "Nonconforming Uses", of
Zoning Ordinance No. 13114, the Miami 21 Code, as amended, to extend the use of legally
non -conforming accessory parking abutting a "T3-R" previously approved as a transitional use under
prior zoning codes for an additional term of up to twenty (20) years, for the properties located at
approximately 770 and 776 Northeast 80th Street, Miami, Florida, legally described in attached
"Exhibit A," is denied and the Exception is denied.
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: 11-00027xc (Version: 2) Printed On: 10/5/2017