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Home My WebLink AboutCC Legislation (Vers. 3 & 4) & ExhibitCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00477wt Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY INES MARRERO-PRIEGUES, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING THE WARRANT FILE NO. 11-0020, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MAY 5, 2011, TO ALLOW A SPECIAL TRAININGNOCATIONAL SCHOOL (EDUCATING HANDS SCHOOL OF MASSAGE) WITHIN AN EXISTING BUILDING ZONED "T6-12-L", LOCATED AT APPROXIMATELY 3883 BISCAYNE BOULEVARD, MIAMI, FLORIDA. WHEREAS, Geoffrey Bash, Abutting Property Owner, filed a timely appeal to the Planning, Zoning and Appeals Board ("PZAB") of the Warrant application no. 11-0020, issued by the Planning and Zoning Director on May 5, 2011; and WHEREAS, the PZAB, at its meeting on December 14, 2011, Item No. PZAB. 1, following an advertised public hearing, adopted Resolution No. PZAB-R-11-058 by a vote of four to three (4-3), to APPROVE the appeal; and WHEREAS, an appeal of the PZAB decision was filed by Ines Marrero-Priegues, Esquire; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for the Warrant does not meet the applicable requirements of the Miami 21 Code and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the PZAB and deny the appeal of the Warrant as hereinafter set forth; 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 decision of the PZAB to grant the appeal by the Geoffrey Bash, of the Warrant application no. 11-0020, issued by the Planning and Zoning Director on May 5, 2011, to allow a special training/vocational school (Educating Hands School of Massage) within an existing building zoning "T6 -12-L", located at approximately 3883 Biscayne Boulevard, Miami, Florida, as legally described in attached "Exhibit A," is affirmed, and the Warrant is denied. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1 } City of Miami Page 1 of 2 File Id: 11-00477wt (Version: 3) Printed On: 1/11/2012 File Number. 11-00477wt APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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: 11-00477wt (Version: 3) Printed On: 1/11/2012 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00477wt Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY INES MARRERO-PRIEGUES, REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY GRANTING THE WARRANT FILE NO. 11-0020, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MAY 5, 2011, TO ALLOW A SPECIAL TRAINING/VOCATIONAL SCHOOL (EDUCATING HANDS SCHOOL OF MASSAGE) WITHIN AN EXISTING BUILDING ZONED "T6-12-L", LOCATED AT APPROXIMATELY 3883 BISCAYNE BOULEVARD, MIAMI, FLORIDA. WHEREAS, Geoffrey Bash, Abutting Property Owner, filed a timely appeal to the Planning, Zoning and Appeals Board ("PZAB") of the Warrant application no. 11-0020, issued by the Planning and Zoning Director on May 5, 2011; and WHEREAS, the PZAB, at its meeting on December 14, 2011, Item No. PZAB. 1, following an advertised public hearing, adopted Resolution No. PZAB-R-11-058 by a vote of four to three (4-3), to APPROVE the appeal; and WHEREAS, an appeal of the PZAB decision was filed by Ines Marrero-Priegues, Esquire; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Planning, Zoning and Appeals Board, finds the Warrant does meet the applicable requirements of the Miami 21 Code and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant the appeal, reverse the decision of the PZAB and grant the Warrant as hereinafter set forth; 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 decision of the PZAB to grant the appeal by the Geoffrey Bash, of the Warrant application no. 11-0020, issued by the Planning and Zoning Director on May 5, 2011, to allow a special training/vocational school (Educating Hands School of Massage) within an existing building zoning "T6 -12-L", located at approximately 3883 Biscayne Boulevard, Miami, Florida, as legally described in attached "Exhibit A," is reversed, and the Warrant is granted. Section 3. The findings of fact set forth in the Warrant are made with respect to the subject property: a. The applicant is proposing a special training/vocational school (Educating Hands School of City of Miami Page 1 of 2 File Id: 11-00477wt (Version: 4) Printed On: 1/11/2012 File Number: 11-00477wt Massage) within an existing building. b. The applicant is providing a total of twenty-seven (27) parking spaces onsite; satisfying the required twenty-one (21) parking spaces with an additional six (6) parking spaces provided. c. The proposed use is compatible and will be beneficial to the area by providing special training and vocational training programs to residents and employees of the area as well as creating new employment opportunities. d. Pursuant to Sec. 7.1.2.4 (d) of the Miami 21 Code, the Zoning Ordinance of the Code of the City of Miami, Florida, the application has been reviewed and found sufficient, with the conditions listed below. 1. Applicant shall relocate dumpster to the southeast corner with the proper enclosure and it shall be accessible by the existing alley. 2. Existing propane gas tanks shall be screened from view with landscape hedge behind the existing CBS wall along Northeast 39th Street, Miami, Florida, at the north side of the property. 3. Entrance to the parking lot shall be accessed only through Northeast 39th Street, Miami, Florida, and exit through the alley at the south boundary of the property. 4. A landscape plan shall be submitted for review and approval, in compliance with the landscape ordinance, prior to the issuance of a Certificate of Use showing new street trees on private property along Biscayne Boulevard, 5. Open violation for not having the proper Certificate of Use is pending until the approval of this Warrant. Compliance of the conditions of this Warrant application must be met prior to a Certificate of Use being issued by the Planning and Zoning Department and the appeal period has passed. These findings have been made by the City Commission to approve this project with conditions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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: 11-00477wt (Version: 4) Printed On: 1/11/2012 "Exhibit A" 19 53 42 MAGNOLIA PARK 2ND AMD PB 5-25 LOT 53 & 54 LESS ST LOT SIZE 131.000 X 111 OR 9998 0659 0378 1 OR 09998-0659 0378 00