HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 17576
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION
OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED
AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE PROPERTY GENERALLY LOCATED AT 3850 SOUTH DIXIE
HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
LOCATION: Approximately 3850 South Dixie Highway
APPLICANT: Ethan B. Wasserman, Esq. on behalf of 908 Group Holdings LLC
PURPOSE: Applicant requests to release a covenant.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
Covenant Review and Release Committee: April 3, 2025
PLANNING, ZONING AND APPEALS BOARD: N/A
City of Miami
Legislation
Resolution
Enactment Number: R-25-0227
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17576 Final Action Date:6/17/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS,
ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PROPERTY GENERALLY LOCATED AT 3850
SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, European Automotive, LLC ("Applicant" or "Owner")) submitted a request to
the City of Miami ("City") for a Special Appearance for the release of a recorded Declaration of
Restrictive Covenants, attached and incorporated as Exhibit "B," ("Covenant") for the property
generally located at 3850 South Dixie Highway, Miami, Florida, as more particularly described in
"Exhibit "A," attached and incorporated ("Property"); and
WHEREAS, on December 20, 2010, Owner entered into the Covenant with the City, as
recorded in Official Records Book 27719, Page 1358 of the Public Records of Miami -Dade
County, Florida; and
WHEREAS, on October 19, 2023, the Applicant received site plan approval for The Nine
at Miami, a 79-unit multifamily development designed to provide a gradual transition in scale
and intensity, supporting context -sensitive infill aligned with the area's historic and cultural
character; and
WHEREAS, as the Applicant prepared to close on the Property and initiate development
of the project, First American Title Insurance Company conducted an updated title search —
consistent with reviews performed over the past three years —which revealed the existence of
the Covenant affecting a limited portion of the site; and
WHEREAS, the Covenant was proffered with a rezoning request that contemplated the
Owner's intent to renovate the property for a continued use as an auto repair and electric car
sales; and
WHEREAS, the Covenant imposes development constraints, including a maximum
building height of three (3) stories along the southern boundary and restrictions on access from
Day Avenue; and
WHEREAS, specifically, the Covenant provides that:
a. Irrespective of the T5-O regulations, no building on the Property shall exceed three (3)
stories.
b. There shall be no ingress or egress to or from the Property from Day Avenue.
c. Installation of a concrete wall fronting Day Avenue, per Miami 21 guidelines.
d. A landscape buffer along Day Avenue, per Miami 21 guidelines; and
WHEREAS, the Covenant is no longer necessary and conflicts with approved
entitlements, including site plan approval, plat approval, street vacation, and Waiver Final
Decision PZ-22-15483 issued by the City of Miami; and
WHEREAS, the release of the Covenant will resolve this conflict, eliminate an outdated
encumbrance, and facilitate the implementation of a high -quality residential project that
advances the City's planning goals and supports the ongoing revitalization of the surrounding
community; and
WHEREAS, on April 3, 2025, the Review Release Committee recommended approval of
the release of the Covenant; and
WHEREAS, the Planning Department recommends approval of the release of the
Covenant; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that it
is in the best interest of the general welfare of the City and its inhabitants to approve the release
of the recorded Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 if fully set forth in this Section.
Section 2. The City Commission approves the release of the Covenant, in a form
acceptable to the City Attorney.1
Section 3. This Resolution shall become effective ten (10) days after adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyy•ng III, C y ttor -y 5/13/2025
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by
the City Commission.