HomeMy WebLinkAboutZoning Administrator Memo Re: Covenant Release Review Committee RecommendationCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noreiga V, City Manager DATE: July 14, 2023
SUBJECT: Release Review Committee
Recommendation for Release of Restrictive
Covenant for property located at 1900 Brickell
Avenue
FROM: Daniel S. Goldberg, Esq., REFERENCES: PZ-22-15606
erector of Zoning / Zoning Administrator
ENCLOSURES:
On June 15, 2023, the City of Miami's Release Review Committee ("RRC")
recommended approval by the City Commission to release a restrictive covenant recorded on
April 17, 1997, in Official Records Book 17604, Page 3765 of the Public Records of Miami Dade
County, Florida ("Covenant") against the property located at approximately 1900 Brickell Avenue
("Property"). The Covenant was required in connection with a special exception to permit a plastic
surgeon's office at the Property. The Covenant restricted this use in the following manner:
1. The use was limited to consultation for plastic surgery and outpatient
surgeries with no overnight stays or other medical procedures permitted;
2. The hours of operation were limited from 9 a.m. to 6 p.m.;
3. No transfer of title or interest in the Property or the business is permitted
without prior City Commission approval;
4. No changes shall be made to the interior or exterior of the building or to the
Property without a public hearing and City Commission approval;
5. The use is limited to three employees at the Property at one time;
6. No overflow parking is permitted on the grass; and
7. Parking is limited to the existing twelve (12) spaces at the property, eight (8)
of which shall be paved and four (4) of which shall be "turf block" (grass)
spaces.
In 2012 the owner of the Property sought and obtained a modification to the Covenant by
the City Commission, which was memorialized by Resolution No. R-12-0229 ("2012 Resolution").
The 2012 Resolution modified the first condition by eliminating the "other medical procedures"
language, eliminated the thirds condition related to prior approval for transferring title, changed
the fourth condition to merely requiring a Warrant for modifications to the building or Property,
and changed the fifth condition to permit additional employees by Warrant. A covenant to
memorialize these changes was required but never executed and recorded.
The RRC recommends release of the Covenant as the Property has operated in this
manner for 26 years without complaint, the use is nonconforming, so it is limited in how it can
expand, and modifications to the Property can be fulfilled more consistently with Miami 21 absent
the Warrant requirements. The limited size of the business will serve to cap the amount of
employees needed from an operational perspective. Parking on the grass and the prohibition of
overnight stays will remain as these are requirements of the City Code and Miami 21,
respectively.
cc: Nzeribe Ihekwaba, Ph.D, P.E., Deputy City Manager
Luis Torres III, Building Official
Juvenal Santana, P.E., Director of Resilience and Public Works
Lakisha Hull, AICP, LEED AP BD+C, Director of Planning Department
Robert Santos-Alborna, Director of Code Compliance