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HomeMy WebLinkAboutLegislation Deny Appeal-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AFFIRMING THE ZONING ADMINISTRATOR'S REVOCATION, DATED AUGUST 13, 2015, OF CERTIFICATE OF USE NO. 1504-000862 FOR THE PROPERTY LOCATED AT APPROXIMATELY 2321 SOUTHWEST 16TH AVENUE AND 2323 SOUTHWEST 18TH AVENUE, MIAMI, FLORIDA. WHEREAS, Jorge A. and Rosa Montes ("Appellants") were issued Certificate of Use No. 1504-000862 ("Certificate of Use") for the property located at approximately 2321 Southwest 16th Avenue and 2323 SW 16mAvenue, Miami, Florida; and WHEREAS, on August 13. 2015, the Zoning Administrator revoked the Certificate of Use; and WHEREAS, on August 26, 2015, the Appellants submitted an appeal of the Zoning Administrator's revocation to the Zoning Administrator's Office; and WHEREAS, on May 18, 2016, the Planning, Zoning and Appeals Board ("PZAB"), after a public hearing, affirmed the Zoning's Administrator's revocation of the Certificate of Use and denied the appeal filed by the Appellants; and WHEREAS, on May 31, 2016, the Appellants filed an appeal of the PZAB's decision to affirm the Zoning Administrator's revocation of the Certificate of Use; 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, the City Commission finds that the record supports granting of the appeal; 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, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Cade") and specifically 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 affirming the decision of the PZAB; and WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds that the Certificate of Use is not compatible with the adjacent uses and does not comply with the criteria as set forth in the Miami 21 Code 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 if fully set forth in this Section. Section 2. The City Commission affirms the revocation of the Certificate of Use, affirms the decision of the PZAB as set forth in Resolution PZAB-R-16-032, and denies the appeal giving rise to this hearing. \\sQ2\\ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor'. APPROVED AS TO LEGAL FORM AND CORRECTNESS VICTORIA MENDEZ CITY ATTORNEY 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. SUBSTITUTE A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE PLANNI ZONING AND APPEALS BOARD'S DECISION AFFIRMING THE ZONING ADMINISTRATOR'S REVOCATION, DATED AUGUST 13, 2015, OF CERTIFICATOF USE NO. 1504-000862 FOR THE PROPERTY LOCATED AT APPROXIMATEL ' 2321 SOUTHWEST 16TH AVENUE AND 2323 SOUTHWEST 16TH AVENUE, MIA , FLORIDA. WHEREAS, Jorge A. and Rosa Montes ("Appellants") were issued Certifica - of Use No. 1504-000862 ("Certificate of Use") for the property located at approximately 2321 =outhwest 16th Avenue and 2323 SW 16th Avenue, Miami, Florida; and WHEREAS, on August 13, 2015, the Zoning Administrator revoked t' Certificate of Use; and WHEREAS, on August 26, 2015, the Appellants submitted an ap -eal of the Zoning Administrator's revocation to the Zoning Administrator's Office; and WHEREAS, on May 18, 2016, the Planning, Zoning and A hearing, affirmed the Zoning's Administrator's revocation of the filed by the Appellants; and eals Board ("PZAB"), after a public rtificate of Use and denied the appeal WHEREAS, on May 31, 2016, the Appellants filed . appeal of the PZAB's decision to affirm the Zoning Administrator's revocation of the Certificate of Us- , and WHEREAS, based on the testimony and evid• ce presented, and after due notice and an opportunity to be heard has been afforded to all pa' es and members of the public, the City Commission finds that the record supports denia of the appeal; and WHEREAS, the City Commission ha onsidered the manner in which the proposed use will operate given its specific location and prox ity to the adjacent uses; and WHEREAS, the City Commissi• has considered the requirements of the Miami 21 Code, the Zoning Ordinance of the City of Mia Florida, as amended ("Miami 21 Code") and specifically Article 4, Table 12, Design Review Criteri and WHEREAS, the City Co' mission, after careful consideration of this matter, finds that the stated grounds for the appeal and th facts presented in support thereof justify affirming the decision of the PZAB; and WHEREAS, for e reasons stated on the record at the public hearing, the City Commission finds that the Certific- • of Use is not compatible with the adjacent uses and does not comply with the criteria as set forth i' the Miami 21 Code and Article 4, Table 12, Design Review Criteria; NOW, T. REFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Se' ion 1. The recitals and findings contained in the Preamble to this Resolution are adopted by refer = ce and incorporated as if fully set forth in this Section. Section 2. The City Commission affirms the revocation of the Certificate of Use, affirms the de' sion of the PZAB as set forth in Resolution PZAB-R-16-032, and denies the appeal giving rise to s hearing. SUBSTITUTED Section 3. This Resolution shall become effective immediately upon its adoption and s nature of the Mayor'. APPROVED AS TO LEGAL FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY If Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar d from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become fective immediately upon override of the veto by the City Commission.