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HomeMy WebLinkAboutR-16-0048City of Miami Legislation Resolution: R-16-0048 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01653x Final Action Date: 1/28/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING AN EXCEPTION FOR SUMMIT AEROSPACE, INC. PURSUANT TO CHAPTER 2, DIVISION 2, SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "NONCOMFORMING USE PILOT PROGRAM", TO ALLOW THE OPERATION OF A PAINT BOOTH AND REPAIR SERVICES FACILITY FOR THE AVIONICS INDUSTRY LOCATED AT APPROXIMATELY 2700 NORTHWEST 36 STREET, MIAMI, FLORIDA. WHEREAS, on October 30, 2015, Ines Marrero-Priegues, Esquire, on behalf of Summit Aerospace, Inc., submitted a request for an Exception to continue the operation of a paint booth and repair services facility for the avionics industry located inside a room within the existing building at 2700 Northwest 36 Street, Miami, Florida for which a Special Exception was approved pursuant to Resolution No. ZB-07-0087, adopted by the Zoning Board on September 24, 2007; and WHEREAS, the applicant has been in operation since the approval of the Special Exception, however, a Certificate of Use had not been issued for the repair and paint booth uses; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, a paint booth and repair services are not permitted on the Property pursuant to the Miami 21 Code; and WHEREAS, in the absence of a Certificate of Use for the avionics repair and paint booth uses, the uses are deemed nonconforming; and WHEREAS, pursuant to Section 2-212(c) of the Code of the City of Miami, Florida, as amended ("City Code"), entitled "Nonconforming Use Pilot Program", the applicant is petitioning the City of Miami ("City") to reestablish the use that was previously approved; and WHEREAS, the City Commission has considered the applicant's request and deems it appropriate and in the best interest of the City to approve the avionics repair, maintenance, and paint booth use requested; as the nonconforming use was approved by Special Exception and has been in continuous operation for more than eight (8) years; the nature and character of the nonconforming use is substantially the same as that for which the structure was originally designed; no material difference in the quality, character, intensity, or degree of the nonconforming use will exist; and the nonconforming use will not prove materially adverse to the surrounding properties; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File Id: 15-01653x (Version: 1) Printed On: 4/18/2018 File Number: 15-01653x Enactment Number: R-16-0048 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 City Commission hereby finds that the Summit Aerospace, Inc. located at approximately 2700 Northwest 36 Street, Miami, Florida, Exception request complies with the criteria found in Chapter 2, Division 2, Section 2-212(c) of the City Code, entitled "Nonconforming Use Pilot Program". 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: 15-01653x (Version: 1) Printed On: 4/18/2018