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Home My WebLink AboutPZAB (13489) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-029 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13489 Final Action Date: 3/1/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), GRANTING AN APPEAL FILED BY NUEVA SAN SALVADOR RESTAURANT #2 THEREBY REVERSING THE ZONING ADMINISTRATOR'S REVOCATION OF CERTIFICATE OF USE NO. 051780 ON JANUARY 13, 2023, PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2500 NORTHWEST 20 STREET, MIAMI, FLORIDA. 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 ("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"), the Zoning Administrator revoked Certificate of Use No. 051780 issued to Nueva San Salvador Restaurant #2 ("Appellant") 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 the Appellant, filed an appeal of the Certificate of Use revocation with the Office of Hearing Boards; 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 Chapter 10 of the City Code; and WHEREAS, based on the testimony and evidence presented, after due notice and opportunity to be heard has been afforded to all parties and members of the public, the Planning, Zoning and Appeals Board finds there is substantial evidence in the record to grant the appeal of the revocation of Certificate of Use No. 051780 for the Property filed by the Appellant; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 13489 (Revision:) Printed On: 3/28/2023 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 Planning, Zoning, and Appeals Board hereby grants the appeal of the revocation of the Certificate of Use, thereby reversing the decision of the Zoning Administrator's revocation of the Certificate of Use. Section 3. This Resolution shall be effective immediately upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Reviewed and Approved: 4) 41 Lakisha Hull AICP LEED AP BD+C City of Miami Page 2 of 2 File ID: 13489 (Revision:) Printed On: 3/28/2023 City of Miami 444 SW 2nd Avenue Miami. FL 33130 City of Miami ORDER OF THE UNSAFE STRUCTURES PANEL FOR FULL INFORMATION CONCERNING THE DECISION ORDER, PLEASE READ THIS DOCUMENT IN ITS ENTIRETY File Number: 16-03510 Final Action: 04/22/2022 Owner's Name: ORION HOLDINGS, INC. Owner's Mailing Address: P.O. BOX 143401, CORAL GABLES FL 33114 Case #: BB2021018469 RE: 1986 NW 25 AV Folio Number: 01-3134-034-0250 Legal Description: LOT 30 LESS N10' FOR RIW, RIVER PARK.. PLAT BOOK 7, PAGE 12C, MIAMI-DADE COUNTY, FL WHEREAS the above Property, having been found in violation of the Code of the City of Miami, Florida, as amended ("CityCode"), the Miami -Dade County Code and/or the Florida Building Code ("FBC") on APRIL 22ND, 2022, the City of Miami's Unsafe Structures Panel ("Panel") ORDERS AND ADJUDGES: The Property Structure may be repaired pursuant to the following timeframe(s): A. Structure 'A' (2-STORY, CBS, MIXED USE BUILDING ): 1. PLANS: A full set of plans shall be submitted within 60 days from the date of this Order. Plans shall be prepared by a Registered Architect or a Professional Engineer or as permitted by the FBC and shall be Signed and Sealed, (or Stamped) by the Design Professional. Properties that are occupied shall provide a qualified design professional report stating the structure is safe for occupancy, if occupied, as it exists and during required repairs. All plans shall first be submitted to the Unsafe Structures Division for pre -approval for scope of work prior to upload. 2. BUILDING PERMITS: The owner shall have the required Permit(s) issued within 90 days from the expiration of the time period listed in Section A(1). The Permit(s) obtained shall cover all repairs or items needing to be completed and legalized. 3. FINALIZATION: The Owner shall cause all Permit(s) to be finalized and closed (all fees and costs paid in full) within 120 days of the expiration of the time period listed in Section A(2). ENFORCEMENT: IF THE TIMEFRAMES PROIVDED IN ANY OF THE SECTIONS ABOVE ARE NOT MET, SAID STRUCTURE CAN BE SUBJECT TO DEMOLTION AFTER A CITY REQUESTED ENFORCEMENT HEARING BEFORE THE PANEL FOR FAILURE OF OWNER AND/OR INTERESETED PARTY TO COMPLY. ONE FORM OF ENFORCEMENT SHALL NOT PRECLUDE THE CITY FROM SEEKING ANY OTHER LEGAL REMEDY ALLOWED BY LAW. City of Miami Page 1 Printed on 4/22/22 Case # :882021018469 - Owner's Name: ORION HOLDINGS, INC. EXTENSION OF TIME: Any Owner wishing to extend the Order of the Panel shall be required to file a Motion for Extension of Time pursuant to Section 10-101(m) of the City Code. Any request made after the expiration of the required time period shall not be heard. RECORDATION: This Order will be recorded by the Building Official with the Public Records of Miami -Dade County. This recording will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the Panel on the above referenced property. Any costs associated with this case and this hearing shall be declared a special assessment pursuant to Chapter 10, Article VI of the City of Miami Code and Chapter 8-5 of the Miami -Dade County Code. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure may be disconnected, as necessary. APPEALS: The City of Miami Unsafe Structures Panel is a Quasi -Judicial Administrative Board. The decision and specified compliance date(s) are final and binding. Any owner or interested party, as defined by Section 10-101 of the City Code aggrieved by a decision of the Panel may seek judicial review of that decision in accordance with the Florida Rules of Appellate Procedure. NOTE: Pursuant to Section 2-211 of the City Code, the finding of the Panel shall result in a revocation of any Certificate of Use associated with this property. Known Interested Parties: BENNETT, TOM W. 2550 STAG RUN BLVD CLEARWATER, FL 33575 At a meeting of the Unsafe Structure Panel on 4/22/2022, a motion was made by Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be APPROVED, passed. Moved By: Panel Member Kouchalakos Seconded By: Panel Member Bared Chair, Unsafe Structure Panel Miguel Martinez Date 04/22/2022 City of Miami Page 2 Printed on 4/22/22 Caf 4liiami January 13, 2023 NUEVA SAN SALVADOR REST 112 2500 NW 20 ST Miami, FL 33142 RE: Certificate of Use Revocation Certificate of Use No. 051780 To Whom It May Concern: ARTHUR NORIEGA, V City Manager Please be advised that, effective immediately, Certificate of Use No. 051780 is hereby revoked pursuant to Section 2-211(b)(7) of the Code of the City of Miami, Florida, as amended ("Code"). The structure or structures on this property have been adjudicated by the City of Miami's Unsafe Structures Panel ("Panel"), at its April 22nd, 2022 meeting as being an unsafe structure. Because said structure or structures have been determined to be unsafe after a hearing before the Panel, they are in violation of Chapter 10 of the City Code, resulting in the revocation. A copy of the Panel order is enclosed. Please be advised that pursuant to Sections 2-211(c) and (d) of the City Code, you may appeal this revocation to the Planning, Zoning and Appeals Board by filing an appeal with the Office of Hearing Boards within fifteen (15) days of the date of this letter. The filing of an appeal, and payment of appropriate fee, may be submitted online by visiting the following website: https://www.miamigov.com/Services/Building-Permitting/Planning-Zoning/Appeal-an-interpretation-or- a-Determination-or-a-CU-Denial-or-Revocation. Sincerely, aniel S. Goldberg, Esq. Zoning Administrator cc: Arthur Noriega V, City Manager Nzeribe Ihekwaba, Deputy City Manager Natasha Colebrook -Williams, Assistant City Manager Tamara Allen Frost, Zoning Assistant Director Asael Marrero, Building Director Luis Torres III, Building Official Ruben Diaz, Fire Marshall Victoria Mendez, City Attorney Rene Diaz, Senior Chief of Unsafe Structures Robert Santos-Alborna, Director, Code Compliance Eric Nemons, Assistant Director, Code Compliance OFFICE OF ZONING 444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708