HomeMy WebLinkAboutSubmittal-City Manager-LegislationsCITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE: April 16, 2015
Members of the City Commission
FROM: Daniel J. A
City Manager
Submitted into the public
record for item() P%
Ci
on 4' 23.1 . City Clerk
SUBJECT: April 23, 2015 City Commission
Meeting Agenda — PZ. 9
REFERENCES:
ENCLOSURES:
The following documents are being included to an item scheduled in the Planning and Zoning portion of
the April 23, 2015 City Commission Agenda:
PZ.9: Attached are copies of both versions of the signed legislation granting and denying the appeal. The
legislation is being provided to you for consideration and incorporation to the public record.
cc: Alice N. Bravo, P.E., Deputy City Manager, Chie
Francisco J. Garcia, Director, Planning and Zonin
Julia D. Hernandez, Agenda Coordinator
of Infrastructure
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City of Miami
Legislation
Resolution
Submitted into the public
record for item(s) f A
on 1--23 • (S . City Clerk
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01012w t Final Action Date:
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 City of Miami ("City") Department of
Planning and Zoning approved, with conditions, Warrant Permit No. 2013-0031; and
WHEREAS, on October 3, 2014, Mr. Abed Hammoud, the abutting property owner ("Appellant"),
filed an appeal pursuant to Article 7, Section 7.1.5 of the City's 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 to zero
(9-0); and
WHEREAS, on February 3, 2015, the Applicant filed an appeal, pursuant to Article 7, Section 7.1.5
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
comply with the criteria for a warrant as set forth in Miami 21 Section 7.1.2.4, Warrant(s), and Article 4,
City of Miami
Page 1 of 2 File Id: 14-01012wt (Version: 4) Printed On: 4/10/2015
File Number: 14-01012wt
Submitted into the public
record for item(s) •1
on * • et 15 . City Clerk
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 approves 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. The issuance of this Application for a warrant is confirmed.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APP OVED AS + FORM AND CORRECTNESS:
CTORIA ME ,DEZ"
ITY ATT EY '-
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.
City of Miami Page 2 of 2 File Id: 14-01012wt (Version: 4) Printed On: 4/10/2015
City of Miami
Legislation
Resolution
Submitted into the public
record for item(s) Y i --
on 4 •�,S' (5 . City r
City Hall
k
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01012wt Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY BEN FERNANDEZ, ESQUIRE ON BEHALF OF BOTECO RESTAURANT,
APPROVING THE DECISION OF THE PLANNING, ZONING AND APPEALS
BOARD, AND DENYING A WARRANT TO ALLOW AN OUTDOOR DINING AREA
ON THE PROPERTY LOCATED AT APPROXIMATELY 916 NORTHEAST 79
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 City of Miami ("City") Department of
Planning and Zoning approved, with conditions, Warrant Permit No. 2013-0031; and
WHEREAS, on October 3, 2014, Mr. Abed Hammoud, the abutting property owner ("Appellant"),
filed an appeal pursuant to Article 7, Section 7.1.5 of the City of Miami 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 to zero
(9-0); and
WHEREAS, on February 3, 2015, the Applicant filed an appeal, pursuant to Article 7, Section 7.1.5
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 denial 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 approfving 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 not compatible with the adjacent uses and does not
comply with the criteria for a warrant as set forth in Miami 21 Section 7.1.2.4, Warrant(s), and Article 4,
City of Miami Page 1 of 2 File Id: 14-01012wt (Version: 5) Printed On: 4/13/2015
File Number: 14-01012wt
Submitted into the public
record for item(s) P •i
on g'• Via • is . City Clerk
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 denies the Application, approves the decision of the PZAB as set
forth in Resolution PZAB-R-15-003, which denied the Application, and denies the appeal giving rise to
this hearing. The denial of this Application for a Warrant is confirmed.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1
AP"OVED TO FORM AND CORRECTNESS:
ICTORIA ME EZ, p ,,p
�ITYR�IEY �'� A�D
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.
City of Miami Page 2 of 2 File Id: 14-01012wt (Version: 5) Printed On: 4/13/2015