HomeMy WebLinkAboutCC Legislation (Version 1)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00027xc1 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7,
SECTION 7.2.6(A), OF ZONING ORDINANCE NO. 13114, THE MIAMI 21 CODE
ENTITLED, "NONCONFORMING USES," TO ALLOW CONTINUED USE OF A
NON -CONFORMING ACCESSORY PARKING ABUTTING A"T3-R," PREVIOUSLY
APPROVED AS A TRANSITIONAL USE UNDER PRIOR ZONING ORDINANCE NO.
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, Resolution 11-0185, adopted on April 28, 2011, denied a special exception for the use
of the parking lot at the rear of the property located at 755 Northeast 79th Street ("PROPERTY")
owned by the Little River Club, Inc. ("LRC"); and
WHEREAS, LRC in connection with the denial of the special exception, appealed the denial and
subsequent code enforcement matter under Lower Tribunal Case Nos. 11-322AP and 11-406AP,
which were further appealed by the LRC via Writ of Certiorari to the Third District Court of Appeal
under case number CASE NO. 3D12-1945, which is presently held in abeyance until the pendency of
this hearing; and
WHEREAS, the LRC appealed the Zoning Administrator's Revocation of the Certificate of Use
under File ID 11-00645za to the Planning Zoning and Appeals Board; and
WHEREAS, a dispute exists between the CITY and the LRC concerning the lawfulness and
appropriateness of the use of the LRC's parking lot, the City sued the LRC for compliance under case
no. 11-24889 CA 15, and the LRC counter claimed in the same action and said case is still in litigation;
and
WHEREAS, the City initiated Code Enforcement Case Nos. CE2011009668 and CE2011010108;
CE2011012988; and
WHEREAS, notwithstanding the foregoing, LRC has worked with the City in trying to resolve any
open issues with this proposed Settlement and General Release Agreement in full settlement of the
pending court and code enforcement cases mentioned above ("SETTLEMENT"); and
WHEREAS, the parties wish to amicably resolve their differences with neither party admitting or
conceding any point of fact, law, liability, or defense; and
WHEREAS, LRC and the City have agreed upon entry into a Settlement in lieu of further litigation
in this matter related to the above mentioned cases; and
WHEREAS, the City Manager requests authorization to execute a Settlement and General
Release Agreement with LRC, in full settlement of all claims and demands arising out of or related to
City of Miami Page 1 of 2
File Id: 11-00027xe1 (Version: 1) Printed On: 6/18/2013
File Number: 11-00027xc1
the foregoing; and
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 fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute a Settlement and General Release
Agreement, in substantially the attached form, with LRC, in full settlement of all claims and demands
arising out of the denial of the special exception at the Property as mentioned above.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} 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.
Cify of Miami Page 2 of 2 File Id: 11-00027xc1 (Version: 1) Printed On: 6/18/2013