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HomeMy WebLinkAboutResolutionCity of Miami Legislation Resolution: File Number: 1401 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/27/2017 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 "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/NON-CONFORMING USE PILOT PROGRAM", TO RENEW 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, 2016, 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 WHEREAS, the Property has been used as a medical office since the 1985 Approval; and WHEREAS, on January 2013, the medical office ceased its operation and the CU lapsed; and WHEREAS, 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 Exception by the City Commission; and WHEREAS, the City Commission has considered the Applicant's request and the 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 -Urban Transect Zone -Restricted, since the nonconforming use was legally established and operated; 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: 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. City of Miami Page 1 of 2 File ID: 1401 (Revision: A) Printed On: 7/26/2018 File ID: 1401 Enactment Number: 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. 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 4/1812017 ' 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: 1401 (Revision: A) Printed on: 7/26/2018