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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01189x
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY DESIGN DISTRICT STUDIOS II, LLC, REVERSING THE DECISION OF
THE PLANNING, ZONING AND APPEALS BOARD, AND DENYING AN EXCEPTION
TO ALLOW A LEGAL, NON -CONFORMING PARKING AREA TO BE
RE-ESTABLISHED AND TO BE INCIDENTAL AND SUBORDINATE TO THE
PROPOSED PRINCIPAL USE FOR THE PROPERTY LOCATED AT
APPROXIMATELY 162 NORTHEAST 50 TERRACE, MIAMI, FLORIDA.
WHEREAS, BVM Development, LLC ("Applicant"), filed an application for an exception
("Application") to allow a reconfiguration of an existing asphalt parking area that is subordinate to the
principal use of the property as a commercial storage garage, for the property located at approximately
162 Northeast 50 Terrace, Miami, Florida; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), after a public hearing, approved
the Application, with conditions, on December 17, 2014, by a vote of nine to zero (9-0); and
WHEREAS, Design District Studios II, LLC ("Appellant"), filed an appeal pursuant to Section
7.1.2.6(d) of the City of Miami Zoning Code ("Miami 21"), on January 2, 2015; and
WHEREAS, based on the testimony and evidence presented, and after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is competent
substantial evidence in the record to support denial of the Application; and
WHEREAS, the City Commission has considered the manner in which the proposed use will
operate given its specific location and proximity to the adjacent uses; and
WHEREAS, the City Commission has considered the requirements of Miami 21 and Article 4,
Table 12, Design Review Criteria; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated
grounds for the appeal and the facts presented in support thereof justify reversing the decision of the
PZAB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds
that the exception to allow a reconfiguration of an existing asphalt parking area that is subordinate to
the principal use of the property as a commercial storage garage is not compatible with the adjacent
uses, and does not comply with the criteria for an exception set forth in Miami 21 Section 7.1.2.6 and
Article 4, Table 12, Design Review Criteria;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 File Id: 14-01189x (Version: 3) Printed On: 1/20/2015
File Number: 14-01189x
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 Commission denies the Application, reverses the decision of the PZAB as set
forth in Resolution PZAB-R-14-078, which approved the Application, and grants the appeal giving rise
to this hearing.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPR9VED AS TO FORM ANDCORRECTNESS:
VICTORIA MI NDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 14-01189x (Version: 3) Printed On:1/20/2015