HomeMy WebLinkAboutR-12-0182City of Miami
Legislation
Resolution: R-12-0182
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00477wt Final Action Date: 4/26/2012
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 to 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
zoned "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, with the conditions stated
herein.
Section 3. The findings of fact set forth in the Warrant are made with respect to the subject
property:
City of Miami
Page 1 of 2 File Id: 11-00477wt (Version: 5) Printed On: 11/8/2017
File Number: 11-00477wt Enactment Number: R-12-0182
a. The applicant is proposing a special training/vocational school (Educating Hands School of
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
additional 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.
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. The 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.
6. That the "No Parking" signs on the street remain in place.
These findings have been made by the City Commission to approve this project with
conditions as stated abo
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
City of Miami Page 2 of 2 File Id: 11-00477wt (Version: 5) Printed On: 11/8/2017