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Home My WebLink AboutLegislation (v3)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00405wta Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REVERSING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION REGARDING WARRANT APPLICATION NO. 2014-0059, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MARCH 13, 2015 TO ALLOW A PUBLIC STORAGE FACILITY ON THE PROPERTY LOCATED AT APPROXIMATELY 5609 NORTHEAST 2 AVENUE, MIAMI, FLORIDA. WHEREAS, Ines Marrero-Priegues, Esquire, on behalf of Banner Storage Properties ("Applicant"), filed an application for a Warrant ("Application") to allow a self -storage facility on the property located at approximately 5609 Northeast 2 Avenue, Miami, Florida; and WHEREAS, on March 13, 2015, the Director of the Department of Planning and Zoning approved, with conditions, Warrant Permit No. 2015-0059; and WHEREAS, Ms. Sandra Simioni and Mr. Joseph Pierre, abutting property owners ("Appellants"), filed appeals pursuant to Section 7.1.1.5 of the Miami 21 Code, the Zoning Ordinance of the City of Miami ("Miami 21 Code"), of Warrant Permit No, 2014-0059; and WHEREAS, on June 3, 2015, the Planning, Zoning and Appeals Board ("PZAB"), after a public hearing, denied Warrant Permit No. 2014-0059 and granted the appeal by adopting Resolution PZAB R-15-034, by a vote of seven to four (7-4); and WHEREAS, on June 16, 2015, the Applicant filed an appeal, pursuant to Section 7.1.1.4.b(10) of the Miami 21 Code, of the PZAB's decision to deny Warrant Permit No, 2014-0059; 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 the Miami 21 Code 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 this 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 a public storage facility is compatible with the adjacent uses and does comply with the criteria for a Warrant as set forth in Miami 21 Code Section 7.1.2.6 and Article 4, Table 12, City of Miami Page 1 of 2 File Id: 15-00405wta (Version: 3) Printed On: 9/4/2015 File Number: 15-00405wta 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 reverses the decision of the PZAB as set forth in Resolution PZAB-R-15-034, grants the appeal giving rise to this hearing, and therefore, approves the Application. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: ICTORI MENDEZ CITY ATTORNEY 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: 15-00405wta (Version: 3) Printed On: 9/4/2015 Miami ��8 ~ .°.U��U . .��M�U0Ngv File ID 15-00405M 4. Resolution: PZA � A -034 x-p-_'_ _-_'_ Mr. Juvena|P|haoffered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS B0ARD, WITH A||8CH GRANTING THE APPEAL, THEREBY DENYING THE WARRANT APPLICATION NO. 2014'0059. HEREBY ATTACHED, ISSUED BY THE PLANNING DIRECTOR ON MARCH 13. 2016. TO ALLOW A PUBLIC STORAGE FACILITY ON THE PROPERTY APPROXIMATELY LOCATED AT5608 NORTHE8GT2ND AVENUE, M|AM|, FLORIDA. WHEREAS, the Board had considered amotion to deny the appeal, and thereby grant the warrant with oonditiono, made by Ms. PWohm Lievano-C/uzand seconded by Mr. Monue|J. VadiUo, and that motion failed by a vote ofg-6; and WHEREAS, the Board considered the reasons for appeal, the reasons approving the warrant application, and all evidence and testimony presented utthe public hearing onJune 3 2015;ond Upon being seconded by Ms. Jennifer Ocana Barnes, the motion passed and was adopted by a vote of / FrandiWAarcia,Direohnr Planning and Zoning Department Ms. Jennifer Ooano8ornco Mr. Chris Collins K8w. K8ohaL|eVano-C[uz Mr. Charles A.Gs[ava0Ua N1[.Charles A.Gibson Ns. Maria Beatriz Gutierrez Dr. Ernest Martin K8[. Daniel W1iUmn Mr, JuveDa|P|Ma Ms. Melody L. Tornenw K8[; Manuel J.V8UiUV Mr. David H.Young � STATE opFLORIDACOUNTY OF MIAMI-DADE > ' Yes No No Yes No Yes Yes Yes Yes Yes NO Abstain � ExecutidhDafe _- Personally appeared before me, the undersigned authmity,Olcia Zamora, Clerk ��nn�.��w��m� C,�mmem|.rmr�o.�dookv�omo°v�om,cxm��umo��VonOnvovmovn. q iAl 7 VV&� �oRNAND8UBG�R|�sooEFnRs�sTH!G_�_o�YOF �m �''` .2015. f- ^" Print Notary Name Personally know ", Produced LID, Type and number m|o.produced Did take an oath or Did not take an oath Notary C. Public State of Florida 0y Commission Expires: ft VANESSATHUJILLO � ��m�m�� ~ EXPIRES: July 1taxo umwWavy puLkond°°dlem