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File ID: R-23-0065
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE
APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT
REVERSING THE PLANNING ZONING AND APPEALS BOARD'S
DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-049
REVERSING THE ZONING ADMINISTRATOR'S REVOCATION OF A
CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND
SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT
APPROXIMATELY 107 NORTHWEST 8 AVENUE, MIAMI, FLORIDA
("PROPERTY"), AND UPHOLDING THE ZONING ADMINISTRATOR'S
REVOCATION OF THE CERTIFICATE OF USE NO. 1507-001637 FOR
THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 107 Northwest 8 Avenue [Commissioner Joe Carollo - District 3]
APPLICANT(S): Francisco Rodriguez Melo, on behalf of Grupo Habita 107, LLC
APPELLANTS(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: The Appellant is seeking to have a decision of the Planning, Zoning and Appeals
Board reversed.
FINDING(S):
OFFICE OF ZONING: Recommended approval of the appeal and reversing the decision of the
Planning, Zoning and Appeals Boards.
PLANNING, ZONING AND APPEALS BOARDS: On October 19, 2022, motion to grant the
appeal passed, by a vote of 10-0.
City of Miami
Legislation
Resolution
Enactment Number: R-23-0065
File Number: 12901
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:1/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING THE
PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN
RESOLUTION NO. PZAB-R-22-049 REVERSING THE ZONING ADMINISTRATOR'S
REVOCATION OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND
SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 107 NORTHWEST 8 AVENUE, MIAMI,
FLORIDA ("PROPERTY"), AND UPHOLDING THE ZONING ADMINISTRATOR'S
REVOCATION OF THE CERTIFICATE OF USE NO. 1507-001637 FOR THE
PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 22, 2022, pursuant to Section 2-211 of the Code of the City of
Miami, Florida, as amended ("City Code"), and Section 7.1.2.1 of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), the Zoning
Administrator revoked the Certificate of Use No. 1507-001637 ("CU") issued to Grupo Habita
107 LLC ("Appellant') for the property located at approximately 107 Northwest 8t" Avenue,
Miami, Florida ("Property"); and
WHEREAS, on August 8, 2022, Francisco Rodriquez Melo, on behalf of the Appellant,
filed an appeal of the Certificate of Use revocation with the Office of Hearing Boards; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
October 19, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
049 by a vote of ten to zero (10-0), Item No.10, granting the appeal and reversing the decision
of the Zoning Administrator; and
WHEREAS, on October 31,2022, the Zoning Administrator filed an appeal of the PZAB's
decision to grant an appeal and reverse the Zoning Administrator's revocation of the Certificate
of Use; and
WHEREAS, Section 2-211(b)(7) of the City Code states that the Zoning Administrator
shall revoke a Certificate of Use for "a violation of Chapter 10 of the City Code..."; and
WHEREAS, the City of Miami's Unsafe Structures Panel's order shows that the structure
on the Property is in violation of Chapter 10 of the City Code; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, the City
Commission finds that the record supports denying the appeal filed by Appellant; and
WHEREAS, the City Commission, after careful consideration of this matter and for the
reasons stated on the record at the public hearing, finds that the stated grounds for the subject
appeal and the facts presented in support thereof justify reversing / affirming the decision of the
PZAB and affirming the Zoning Administrator's revocation of the Certificate of Use No. 1507-
001637;
NOW, THEREFORE, BE IT ORDAINED 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 grants the appeal, reverses the decision of the
PZAB as set forth in Resolution No. PZAB-R22-049, and affirms the Zoning Administrator's
revocation of the Certificate of Use No. 1507-001637 for the Property.
Section 3. This Resolution shall be effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: