HomeMy WebLinkAboutR-15-0086City of Miami
Legislation
Resolution: R-15-0086
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01189x Final Action Date: 2/26/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL FILED BY DESIGN DISTRICT STUDIOS II, LLC,
APPROVING THE DECISION OF THE PLANNING, ZONING AND APPEALS
BOARD, AND APPROVING 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, as depicted in Exhibit "A", attached and
incorporated; 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, the Design District Studions 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 approval 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 affirming 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 compatible with the adjacent
uses, and does comply with the criteria for an exception set forth in Miami 21, Section 3.6.1(e),
Section 7.1.2.6, and Article 4, Table 12, Design Review Criteria;
City of Miami
Page 1 of 2 File Id: 14-01189x (Version: 5) Printed On: 2/6/2018
File Number: 14-01189x Enactment Number: R-15-0086
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 Commission approves the Application, affirms the decision of the PZAB as
set forth in Resolution PZAB-R-14-078, which approved the Application, and denies the appeal giving
rise to this hearing.
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 (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: 5) Printed On: 2/6/2018