HomeMy WebLinkAboutR-23-0441City of Miami
Resolution R-23-0441
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13764 Final Action Date: 9/28/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING
DEPARTMENT, REVERSING THE PLANNING ZONING AND APPEALS
BOARD'S DECISION 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") AS SET FORTH IN RESOLUTION NO. PZAB-R-23-029 FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2500 NORTHWEST 20 STREET,
MIAMI, FLORIDA ("PROPERTY"), AND UPHOLDING THE ZONING
ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO.
051780 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 22, 2022, the City of Miami's Unsafe Structures Panel ("Panel")
determined the structure or structures at approximately 2500 Northwest 20 Street (Folio No. 01-
3134-034-0250) (alternative address of 1986 Northwest 25 Avenue) ("Property") to be unsafe,
as indicated in the order attached and incorporated as Exhibit "A"; and
WHEREAS, on January 13, 2023, pursuant to Section 2-211(b) 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 Certificate of Use No. 051780 issued to Nueva San Salvador Restaurant
#2 ("Nueva") at the Property, as indicated in the letter attached and incorporated as Exhibit "B";
and
WHEREAS, on January 30, 2023, Jose Portillo, on behalf of Nueva, filed an appeal of
the Certificate of Use revocation with the Office of Hearing Boards; and
WHEREAS, at its March 1, 2023 meeting, the Planning, Zoning and Appeals Board
(`PZAB"), following an advertised public hearing, adopted Resolution No. R-23-029 granting the
appeal and reversing the decision of the Zoning Administrator by a vote of nine to zero (9-0);
and
WHEREAS, the City's Zoning Administrator filed an appeal of the PZAB decision to the
City Commission, attached and incorporated as Exhibit "C"; 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 Panel's order shows that the structure on the Property is in violation of
City of Miami Page 1 of 2 File ID: 13764 (Revision: A) Printed On: 10/20/2023
File ID: 13764 Enactment Number: R-23-0441
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 granting the appeal filed by the City's Zoning
Administrator; and
WHEREAS, the City Commission, after careful consideration of this matter and for the
reasons stated herein and on the record at the public hearing, finds that there is competent
substantial evidence to reverse the decision of the PZAB and thereby uphold the Zoning
Administrator's revocation of the Certificate of Use No. 051780;
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 grants the appeal, reversing the decision of the
PZAB as set forth in Resolution No. PZAB-R23-029, and thereby affirming and upholding the
Zoning Administrator's revocation of the Certificate of Use No. 051780 for the Property.
Section 3. This Resolution shall be effective immediately upon its adoption and signature
of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ey 10/16/2023
1 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: 13764 (Revision: A) Printed on: 10/20/2023