HomeMy WebLinkAboutR-13-0264City of Miami
Legislation
Resolution: R-13-0264
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00027xc1 Final Action Date: 6/27/2013
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, Article 7, Section 7.2.6(A), 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 granted under Zoning Ordinance
No. 6871; and
WHEREAS, the original conditional use approval, under Zoning Ordinance No. 6871, permitting
the use of lots or 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, on a temporary basis in 1965; and
WHEREAS, the Little River Club, Inc., the now owners of the property 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
successive zoning ordinances; and
WHEREAS, the T3-R area to the north of Northeast 80th Street is a well established single family
residential neighborhood, and will be preserved from the continued vehicular access from the Little
River Club, Inc. parking lot onto Northeast 80th Street by granting the Exception, with conditions, that
include: 1) vehicular and pedestrian access only through Northeast 79th Street, 2) no vehicular
access to or from Northeast 80th Street, 3) no pedestrian access to or from Northeast 80th Street; 4)
a solid six (6) foot masonry wall surrounding the T3-R area and abutting Northeast 80th Street, set
back twenty (20) feet from Northeast 80th Street be constructed; (5) landscaping and buffering along
the six (6) foot masonry wall facing Northeast 80th Street be added to substantially conceal the wall;
and
City of Miami Page 1 of 2 File Id: 11-00027xe1 (Version: 31 Printed On: 8/7/2023
File Number: 11-00027xc1 Enactment Number: R-13-0264
WHEREAS, in the past forty-five (45) years the residential neighborhood north of Northeast 80th
Street, Miami, Florida, has significantly increased in population, and the increased traffic flow to and
from the Little River Club, Inc. parking lot has adversely affected the residential neighborhood; and
WHEREAS, approval of an Exception, with conditions, for the continued use of the accessory
parking abutting a T3-R area is consistent with the applicable criteria set forth Article 7, Section 7.2.6
(A) of the Miami 21 Code;
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 Exception, with conditions as stated above, pursuant to Article 7, Section 7.2.6 (A),
entitled "Nonconforming Uses" of Zoning Ordinance No. 13114, the Miami 21 Code, as amended, to
continue the use of the non -conforming accessory parking abutting a "T3-R," previously approved as
a transitional use under 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, legally
described in attached "Exhibit A," is granted.
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: 11-00027xe1 (Version: 31 Printed On: 8/7/2023