HomeMy WebLinkAboutR-15-0190City of Miami
Legislation
Resolution: R-15-0190
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01012wt Final Action Date: 4/23/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY BEN FERNANDEZ, ESQUIRE ON BEHALF OF BOTECO RESTAURANT,
REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS
BOARD, AND APPROVING A WARRANT TO ALLOW AN OUTDOOR DINING AREA
ON THE PROPERTY LOCATED AT APPROXIMATELY 916 NORTHEAST 79TH
STREET, MIAMI, FLORIDA.
WHEREAS, Ben Fernandez, Esquire, on behalf of Boteco Restaurant ("Applicant"), filed an
application for a Warrant ("Application") to allow an outdoor dining area on the property located at
approximately 916 Northeast 79 Street, Miami, Florida; and
WHEREAS, on September 18, 2014, the Director of the Department of Planning and Zoning
approved, with conditions, Warrant Permit No. 2013-0031; and,
WHEREAS, on October 3, 2014, Mr. Abed Hammoud, abutting property owner ("Appellant"),
filed an appeal pursuant to Section 7.1.1.5 of the City of Mlami Zoning Code ("Miami 21"), of Warrant
Permit No. 2013-0031; and,
WHEREAS, on January 21, 2015, the Planning, Zoning and Appeals Board ("PZAB"), after a
public hearing, denied Warrant permit No. 2013-0031 by approving the appeal through a vote of nine
(9) to zero(0); and
WHEREAS, on February 3, 2015, the Applicant filed an appeal, pursuant to Section
7.1.1.4.b(10) of Miami 21, of the PZAB's decision to deny Warrant Permit No. 2013-0031; and
WHEREAS, based on the testimony and evidence presented, and after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to support approval of the Application; and
WHEREAS, the City Commission has considered the manner in which the proposed use will
operate given its specific location and proximity to the adjacent uses; and
WHEREAS, the City Commission has considered the requirements of Miami 21 and Article 4,
Table 12, Design Review Criteria; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated
grounds for the appeal and the facts presented in support thereof justify reversing the decision of the
PZAB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds
that the Warrant to allow an outdoor dining area is compatible with the adjacent uses and does
City ofMiarni
Page 1 of 3 File Id: 14-01012wt (Version: 4) Printed On: 2/26/2018
File Number: 14-01012wt Enactment Number: R-15-0190
comply with the criteria for a warrant as set forth in Miami 21 Section 7.1.2.6 and Article 4, Table 12,
Design Review Criteria;
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 fully set forth in this Section.
Section 2. The City Commission approved the Application, reverses the decision of the PZAB as
set forth in Resolution PZAB-R-15-003, which denied the Application, and grants the appeal giving
rise to this hearing.
Section 3. The City Commission has incorporated the following additional Conditions to the
Warrant:
a) The applicant shall be required to comply with all conditions subject to the Warrant, to
must additionally comply with each the new condition herein included this Resolution, which
Resolution is deemed as being incorporated by reference as conditions to the Warrant.
b) The applicant shall be required to present a complete compliance report to the City Staff
within three (3) months from the adoption of this Resolution. City Staff shall be required to
forward this report to the City Commission.
c) The applicant shall prove to the City Staff and City Commission that the current public
capacity of Boteco Restaurant meets all appropriate Local, County and State Fire
Regulations.
d) Code Enforcement shall be responsible to verify on a weekly basis if the establishment is
currently in compliance with the conditions to the Warrant. Code Enforcement shall be
required to report to City Staff if any of the conditions is violated and may take other
appropriate Code Enforcement action(s).
e) Applicant shall be required to install Hurricane and sound proof windows alongside the
right elevation of the outdoor seating, in order to buffer and mitigate any sound generated
from the establishment and projected towards the neighborhood. The installation of these
windows shall meet all the appropriate architectural and legal requirements pursuant to
Florida State Code, Miami City Code, and Miami 21.
f) No outdoor (exterior) music, outdoor/external speakers, sound systems, disc jockeys, or
other outside sound reproduction, device, or amplification is allowed.
g) Failure to comply with the original and additional conditions herein incorporated to this
Resolution shall result in the Planning Director bringing the matter to the City Commission. At
such time the City Commission Warrant will give due to consideration to this Warrant permit
being revoked.
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File Number: 14-01012wt Enactment Number: R-15-0190
h) The Applicant though their legal counsel affirmed they would comply with these conditions
on the date of this public hearing.
Section 4.This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Footnotes:
{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.
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