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HomeMy WebLinkAboutLegislation-SUB Memo from City Manager0 I Y ( fl 111 1111. FIA)RIDA INTER-OFFICEti �ioR.�•�n� i TO The Honorable Mayor and Members of the City Commission FROM. Daniel J. Alfonso City Manager OLI DATE. April 21, 2017 SUBJECT: April 27, 2017 City Commission Meeting Agenda — PZ.? REFERENCES: ENCLOSURES - The Department of Planning and Zoning respectfully requests the legislation to File ID 1401 be substituted, as shown in the attached. This item is PZ.2 in the April 27, 2017 City Commission meeting agenda. The printed agenda printed with an odd version of the legislation. The most current legislation signed by the City Attorney is showing correctly on the Legislative Hub. C: Victoria Mendez, City Attorney Nzeribe 1hekwaba, Chief of Operations and Assistant City Manager, r --µ-Francisco J. Garcia, Department of Planning and Zoning Director��T Anna Medina, Agenda Coordinator PZ 17-007 �� � I - LoG ts1a ko SOC) mwrno-Fromm U� M�Ol W --. �� � I - LoG ts1a ko SOC) mwrno-Fromm U� M�Ol THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT T�iE END OF THIS DOCUMENT. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATIONIDEPARTMENTSIPLANNING, BUILDING AND ZONING DEPARTMENTINON-CONFORMING USE PILOT PROGRAM", TO RENEVII A CERTIFICATE OF USE FOR A NON -CONFORMING OFFICE USE ON A PROPERTY LOCATED IN A 73-R" SUB -URBAN TRANSECT ZONE—RESTRICTED, AT APPROXIMATELY 2225 SOUTHWEST 18 AVENUE, MIAMI, FLORIDA. WHEREAS, on July 15, 2018, Nicole Sohn, Esquire, on behalf of L2 Holding. LLC ('Applicant") submitted an application for an Exception to renew an expired Certificate of Use ("CU") for a general office use on the ,property located at 2225 Southwest 18 Avenue, Miami, Florida ("Property'); and WHEREAS, the Applicant's request is to continue the operation of the nonconforming use which was originally approved by CU No. 080690 on January 2. 1985 ( 1985 Approval"): and V/HEREAS, the Property has been used as a medical office since the 1985 Approval; and VVHEREAS. on January 2013, the medical office ceased its operation and the CU lapsed; and V,/HEREAS, pursuant to Section 2-212(c) of the Code of the City of Miami, Florida, as., amended ("City Code"), the Applicant may reestablish the use upon issuance of an Exceptiad by the City Commission; and VVHEREAS. the City Commission has considered the Applicant's request and the : tt evidence presented and deems it appropriate and in the best interest of the City of Miami ("City") to restore a nonconforming office on the Property located In a '73—R", Sub-Orban Transect Zane -Restricted, since the nonconforming use was legally established and operat6d; 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, _intei Slty 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: 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 Exception request for the Property conforms with the criteria found in Sections 2-212(c)(1)-(4) of the City Code and grants said Exception. City of Miami city Hail z 3500 Pan American Drive Legislation Uarrti. FL 33133 www.miamigov.com Resolution File Number: 1401 Final Action Date; A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATIONIDEPARTMENTSIPLANNING, BUILDING AND ZONING DEPARTMENTINON-CONFORMING USE PILOT PROGRAM", TO RENEVII A CERTIFICATE OF USE FOR A NON -CONFORMING OFFICE USE ON A PROPERTY LOCATED IN A 73-R" SUB -URBAN TRANSECT ZONE—RESTRICTED, AT APPROXIMATELY 2225 SOUTHWEST 18 AVENUE, MIAMI, FLORIDA. WHEREAS, on July 15, 2018, Nicole Sohn, Esquire, on behalf of L2 Holding. LLC ('Applicant") submitted an application for an Exception to renew an expired Certificate of Use ("CU") for a general office use on the ,property located at 2225 Southwest 18 Avenue, Miami, Florida ("Property'); and WHEREAS, the Applicant's request is to continue the operation of the nonconforming use which was originally approved by CU No. 080690 on January 2. 1985 ( 1985 Approval"): and V/HEREAS, the Property has been used as a medical office since the 1985 Approval; and VVHEREAS. on January 2013, the medical office ceased its operation and the CU lapsed; and V,/HEREAS, pursuant to Section 2-212(c) of the Code of the City of Miami, Florida, as., amended ("City Code"), the Applicant may reestablish the use upon issuance of an Exceptiad by the City Commission; and VVHEREAS. the City Commission has considered the Applicant's request and the : tt evidence presented and deems it appropriate and in the best interest of the City of Miami ("City") to restore a nonconforming office on the Property located In a '73—R", Sub-Orban Transect Zane -Restricted, since the nonconforming use was legally established and operat6d; 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, _intei Slty 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: 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 Exception request for the Property conforms with the criteria found in Sections 2-212(c)(1)-(4) of the City Code and grants said Exception. THI S DOCUMENT I S A SUB STITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT T�iE END OF THIS DOCUMENT. Section 3. The City Manager or his designee is directed to reissue a CU for the Property for the general office use contemplated herein subject to all applicable life -safety considerations required for issuance of a CU for said general office use. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: Barnaby L. Min, Deputy City Attorney 4/18/2017 r.� ' 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 Legislation Resolution File NurnNr: 1401 61A10 -11910-119491i City Hall 3500 Pan American ©rive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTIN OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A EXCEPTION PURSUANT TO CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-21 C} OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENT[ TL Of THE BUILDING AND ZONING DEPA\IN73-R" NON -CONFORMING USE PILOT PROGRAM", TO RENEW A CERTIFIUSE FOR A NON -CONFORMING OFFICE USE ON A PROPERTY LOCATSUB-URBAN TRANSECT ZONE -RESTRICTED, AT APPROXIMATEOUTHWEST 18 AVENUE, MIAMI, FLORIDA. WHEREAS, on July 15, 201 , icole Sohn, Esquire, on behalf of L2 Holding, LLC ("'Applicant'") submitted an application an Exception to renew an expired Certificate of Use ("CU") for a general office use on the pro rty located at 2225 Southwest 18 Avenue, Miami, Florida ('Property"); and WHEREAS, the Applicant's request is to ontinue the operation of the nonconforming use which was originally approved by CU No. 08\910)onnuary 2, 1985 ("1985 Approval"); and WHEREAS, the Property has been used al office since the 1985 Approv01; and WHEREAS, on January 2013, the medical office ceask its operation and the CU lapsed; and \establishedan _WHEREAS, pursuant to Section 2-212(c) of the Code of y of Miami, Florida, asamended ("City Code"), the Applicant may reestablish the use uance of an Exceptionby the City Commission; and WHEREAS, the City Commission has considered the Ap's req t and theevidence presented and deems it appropriate and in the best intf the Cit f Miami("City") to restore a nonconforming office on the Property located3—R°', Su UrbanTransect Zone -Restricted, since the nonconforming use was legtablished an perated;the nature and character of the nonconforming use is substantiasame as that f whichthe structure was originally designed; no material difference in thity, character, int sityor degree of the nonconforming use will exist; and the nonconforse will not prove materially adverse to the surrounding properties; 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 if fully set forth in this Section. Section 2, The City Commission hereby finds that the Exception request for the Property conforms with the criteria found in Sections 2-212(c)(1)-(4) of the City Code and grants said Exception. Pill -33dk0-kfa11 'If the Mayor does not sign this Resolution, it shall become effective at the end often (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.