HomeMy WebLinkAboutAppeal LetterHolland & Knight
701 Brickell Avenue, Suite 3300 Miami, FL 33131 I T 305.374.8500 I F 305.789.7799
Holland & Knight LLP www.hklaw.com
June 21, 2017
VIA HAND DELIVERY
City of Miami
Department of Planning and Zoning - Hearing Boards Section
ATTN: Chief of Hearing Boards
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
13
Alan 5. Krischer
305.789.7758
alan.krischer@hklaw.com
Re: 3637 Corp. Inc. / 2657 NW 36th Street, Miami, Florida / Appeal of Planning
Zoning and Appeals Board Resolution PZAB-R-17-034 to City Commission
Dear Sir or Madam,
The undersigned is the legal representative of 3637 Corp. Inc. ("3637 Corp."). This letter
constitutes the timely appeal by 3637 Corp. of the 5-3 decision of the Planning, Zoning and
Appeals Board (PZAB) upholding the decision of the Zoning Administrator to deny the
Certificate of Use for an "Alcoholic Beverage Establishment/Tavern" to operate a supper club
for the above address, which decision was memorialized in Resolution number PZAB-R-17-034
(the "Resolution"). A copy of the Resolution is attached for your reference.
As described in our original appeal and again below, the decision to uphold the Zoning
Administrator's denial of the Certificate of Use is not supported by competent substantial
evidence and is contrary to the requirements of the Code. The denial is further barred by the
doctrine of equitable estoppel, as 3637 Corp. has substantially relied in good faith upon
numerous actions by the City of Miami (the "City") demonstrating that the requested use was
permitted.
3637 Corp. is the owner of the facility located at 2657 NW 36th Street (the "Property"),
which has been used for years as an Adult Entertainment Establishment. On June 8, 2009, the
City of Miami Zoning Board approved Resolution ZB-R-09-0035, granting 3637 Corp.'s request
for Exception approval for the operation of a supper club at that location (the "Original
Resolution"). After the approval of the Original Resolution, 3637 Corp. obtained building
permits from the City and conducted considerable development work converting the existing
structures into a supper club and Adult Entertainment Establishment consistent with the
Resolution and approved permits.
Atlanta I Bethesda j Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York
Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa 1 Washington, D.C. I West Palm Beach
March 30, 2017
Page 2
None of the grounds identified in the Denial Letter is supported by substantial competent
evidence. The City's action in issuing the Original Resolution was a quasi-judicial proceeding,
based upon the evidence and information provided to the Zoning Board. If any party — including
the City itself — determined that the actions of the Board in applying the requirements of its code
to the information presented was incorrect, the appropriate remedy would have been for such
party to timely file an appeal of the Board's resolution. The City has no legal basis for today
attempting to collaterally attack or look behind the final approval of the Original Resolution to
determine that the staff recommendation was "not accurate nor complete." Even if the City had
any authority to disregard its own final resolutions and ignore the time frames for challenging
such prior actions, the City has not identified any substantial competent evidence that the El
Palacio Sport Cafe, Inc. which the City invoked in its Denial Letter possessed a 4COP Quota
License on the date that the Original Resolution was approved, on the date that the Original
Resolution was extended, or even today.
Similarly, the City did not present any substantial competent evidence that 3637 Corp.
has failed to comply with a condition of the Resolution or the Code. The Applicant for the
Resolution and the original operator has not changed —it remains 3637 Corp. Inc., the same
owner and operator throughout this process. Moreover, a building permit was issued by the City
within the required time frames. Nevertheless, the Denial Letter fails to acknowledge the
extension of time that was exercised by 3637 Corp. pursuant to Chapter 2011-142, Laws of
Florida and for which the City accepted payment, and discussed at length before the PZAB.
The denial was similarly prohibited by the longstanding doctrine of equitable estoppel,
which applies to municipal governments in their granting of permits and approvals. The courts
have long held that when a municipality grants approval for the construction of facilities or the
operation of a business, it may not later change its mind and revoke those approvals:
"Stripped of the legal jargon which lawyers and judges have obfuscated it with,
the theory of estoppel amounts to nothing more than an application of the rules of
fair play. One party will not be permitted to invite another onto the welcome mat
and then be permitted to snatch the mat away to the detriment of the party induced
or permitted to stand thereon. A citizen is entitled to rely on the assurances and
commitments of the zoning authority and if he does, the zoning authority is bound
by its representations, whether they be in the form of words or deeds." Town of
Largo v. Imperial Homes Corp., 309 So. 2d 571 (Fla. 2d DCA 1975)
In this instance, the City zoning authority undoubtedly had knowledge of 3637 Corp.'s
intended use given that it continually and repeatedly approved the use of an Alcohol Service
Establishment and Adult Entertainment Establishment at this location. The City approved the
Original Resolution and issued building peiniits for the proposed Supper Club and Adult
Entertainment Establishment. 3637 Corp. relied on those permits to make considerable
investments in the physical space. The City continually inspected the property, and issued a
Certificate of Completion for the proposed Supper club on June 2016.
March 30, 2017
Page 3
Beyond all of the foregoing, the City has already made a formal determination that it is
estopped from denying the original building permit and precluding the current owner from
proceeding to completion — after the transfer of controlling interest in the owner. As indicated
in 3637's materials to the PZAB, the City issued a written confirmation in late September 2013
that the owner entity was entitled to complete their project. The City cannot now, in good faith —
years after the issuance of the Original Resolution and the building permits, and after the
issuance of a Certificate of Completion - reverse its prior position with respect to the lawful use
of the Property. Similarly, the City cannot now, in good faith — knowing full well that 3637
Corp. has invested hundreds of thousands of dollars to build out its planned Supper Club and
Adult Entertainment Establishment — reverse its prior application and approvals of the liquor
spacing regulations.
The aforementioned arguments were all presented to the PZAB members during the
proceedings conducted on June 7, 2017. Individual members of the Board, and the Zoning
Administrator, made statements suggesting that they accepted the arguments of 3637 Corp.
relating to the issues of timeliness, the platting condition, and spacing from L'Boulevard; the
Resolution indicates that their denial of the Certificate of Use was based solely on a finding that
there was a change in operator.
We believe that the Board erred in ignoring the substantial competent evidence presented
by 3637 Corp., and that the City failed to present substantial competent evidence to support the
Board's decision. Moreover, we believe that the principles of equitable estoppel described above
still preclude the action taken.
Based on the foregoing, we respectfully request that this matter be placed before the City
Commission for review. Enclosed is a check in the amount of $800.00 for the appeal fee as well
as copies of the documents described above.
Should you have any questions regarding the foregoing, please do not hesitate to contact
me at (305) 789-7758 or email me at alan.krischer@hklaw.com.
Respectfully submitted by,
HOLLANNIGHT LLP
41 Krischer
Enclosures
City of Miami
PZAB Resolution
Enactment Number: PZAB-R-17-034
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 2107 Final Action Date: 6/712017
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
DENYING THE APPEAL FILED BY 3637 CORP. INC. OF THE ZONING
ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE ON MARCH 21, 2017,
PURSUANT TO SECTION 2-211, "DENIAL OR REVOCATION OF CERTIFICATE OF
USE" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2657 NORTHWEST 36 STREET,
MIAMI, FLORIDA.
WHEREAS, on June 7, 2017, the Planning and Zoning Appeals Board, after careful
consideration, by a vote of 5 to 3, upheld the decision of the Zoning Administrator to deny the
Certificate of Use on March 21, 2017, pursuant to City Code of Ordinance Section 2-211 "Denial
or revocation of certificate of use", for the property located at approximately 2657 Northwest 36
Street; and,
WHEREAS, the Planning and Zoning Appeals Board decision to deny was based on
evidence indicating there was a change in operator from the disclosures of ownership furnished
when the original application of 3637 Corp Inc. was originally submitted for a Special Exception
hearing.
This decision is final, unless an appeal is filed with the Office of Hearing Boards within 15 days
of the final decision.
Fran*ts_c_d_Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Execution
4Dae, :3
Personalty appeared before me, the undersigned authority, 0\ op 2cinn C]s'C t Clerk of the
Office of Hearing Boards of the City of Miami, Florida, and acknowledges that he/she executed the foregoing
Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF
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Print Notary Name
Personally known v or Produced I.D.
My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
2017.
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Holland & Knight
701 Brickeli Avenue, Suite 3300 1 Miami, FL 33131 J T 305.374.8500 ! F 305.789.7799
Holland & Knight LLP 1 www.hklawcom
March 31, 2017
VIA HAND DELIVERY
Alan S. Krischer
305.789.7758
aian.krischer@hklaw.com
City of Miami
Department of Planning and Zoning - Hearing Boards Section
ATTN: Chief of Hearing Boards
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33 130
a _, c _)
Re: 3637 Corp. Inc. / 2657 NW 36th Street, Miami, Florida / Appeal of Denial 'Frf = r'1
Certificate of Use =,
r-t
Dear Sir or Madam,.
r ri
The undersigned is the legal representative of 3637 Corp. Inc. ("3637 Corp."). In
accordance with Section 2-211(c) of the Code of the City of Miami (the "Code") this letter
constitutes the timely appeal by 3637 Corp. of the undated decision by the Zoning Administrator
to deny the Certificate of Use for an "Alcoholic Beverage Establishment/Tavern" to operate an
adult entertainment facility and supper club for the above address (the "Denial Letter"). A copy
of that letter is attached for your reference.
As described briefly below, the decision to deny the Certificate of Use is not supported
by competent substantial evidence and is contrary to the requirements of the Code. The
revocation is further barred by the doctrine of equitable estoppel, as 3637 Corp. has substantially
relied in good faith upon numerous actions by the City of Miami demonstrating that the
requested use was permitted.
3637 Corp. is the owner of the facility Iocated at 2657 NW 36th Street (the "Property"),
which has been used for years as an Adult Entertainment Establishment. On June 8, 2009, the
City of Miami Zoning Board approved Resolution ZB-R-09-0035, granting 3637 Corp.'s request
for Exception approval for the operation of a supper club at that location (the "Resolution").
After the approval of the Resolution, 3637 Corp. obtained building permits from the City and
conducted considerable development work converting the existing structures into a supper 'club
and Adult Entertainment Establishment consistent with the Resolution and approved permits.
Atlanta 1 Bethesda 1 Boston 1 Chicago 1 Fort Lauderdale 1 Jacksonville I Lakeland 1 Los Angeles 1 Miami 1 New York
Northern Virginia 1 Orlando 1 Portland J San Francisco 1 Tallahassee 1 Tampa I Washington, D.C. 1 West Palm Beach
March 31, 2017
Page 2
None of the grounds identified in the Denial Letter is supported by substantial competent
evidence. The City's action . in issuing the Resolution was a quasi judicial proceeding, based
upon the evidence and information provided to the Zoning Board. If any party — including the
City itself determined that the actions of the Board in applying the requirements of its code to
the information presented was incorrect, the appropriate remedy would have been for such party
to timely file an appeal of the Board's Resolution. The City has no legal basis for today
attempting to collaterally attack or Iook behind the final approval of the Resolution to determine
that the staff recommendation was "not accurate nor complete." Even if the City had any
authority to disregard its own final Resolutions and ignore the time frames for challenging such
prior actions,. the City has not identified any substantial competent evidence that the El Palacio
Sport Cafe, Inc. --.which the City invoked in its Denial Letter —possessed a 4COP Quota License
on the date that the Resolution was approved.
Similarly, there is no substantial competent evidence that 3637 Corp. has failed to
comply with a condition of the Resolution or the Code. The Applicant for the Resolution and the
original operator has not changed. It remains 3637 Corp. Inc., the same owner and operator
throughout this process. Moreover, a building permit was issued by the City within the required
time frames, as the Denial Letter fails to take into account the extension of time that was
exercised by 3637 Corp. pursuant to Chapter 2011-142, Laws of Florida and for which the City
accepted payment.
The denial is similarly prohibited by the longstanding doctrine of equitable estoppel,
which applies to municipal governments in their granting of permits and. approvals. The courts
have long held that when a municipality grants approval for the construction of facilities or the
operation of a business, it may not later change its mind and revoke those approvals:
"Stripped of the legal jargon which lawyers and judges have obfuscated it with,
the theory of estoppel amounts to nothing more than an application of the rules of
fair play. One party will not be permitted to invite another onto the welcome mat
and then be permitted to snatch the mat away to the detriment of the party induced
or permitted to stand thereon, A citizen is entitled to rely on the assurances and
commitments of the zoning authority and if he does, the zoning authority is bound
by its representations, whether they be in the form of words or deeds." Town of
Largo v, Imperial Homes Corp., 309 So, 2d 571 (Fla, 2d DCA 1975)
In this instance, the City zoning authority undoubtedly had knowledge of 3637 Corp.'s
intended use given that it contimlally and repeatedly approved the use of an Alcohol Service
Establishment and Adult Entertainment Establishment at this location. The City approved the
Resolution and issued building permits for the proposed Supper Club and Adult Entertainment
Establishment. 3637 Corp. relied on those permits to make considerable investments in the
physical space. The City continually inspected, and issued a Certificate of Completion for the
proposed Supper club on June 2016, The City cannot now, in good faith — years after the
issuance of the Resolution and the building permits, and after the issuance of a Certificate of
Completion - reverse its prior position with respect to the lawful use of the Property. The City
March 31, 2017
Page 3
cannot now, in good faith — after 3637 Corp. has invested hundreds of thousands of dollars to
build out the proposed Supper Club and Adult Entertainment Establishment — reverse its prior
application of the liquor spacing regulations to the facts at hand in undoing those approvals.
Based on the foregoing, we respectfully request that this matter be placed before the
PZAB for review. Enclosed is a check in the amount of $800.00 for the appeal fee as well as
copies of the documents described above.
Should you have any questions regarding the foregoing, please do not hesitate to contact
me at (305) 789-7758 or ernail me at alan.krischer@hklaw.com.
Respectfully submitted by,
HOLLND & KNIGHT LLP
Alan S. Krischer
Enclosures
cc: Mr. James Fulford
Javier E. Fernandez, Esq.
Eric L. Ray, Esq.
ag.f4t
James D. Fulford
President
TigerSharkRealty inc.
2657 NW 36 Street
Miami, FL 33162
Dear Mr. Fulford,
DANIEL J. ALFONSO
City Manager
in response to your request to obtain a Certificate of Use for an Alcohol Establishment, more specifically
a "Supper Club", please be advised that your request is denied.
Review of all supporting documents reveal that errors occurred in the process of obtaining the
previously granted approvals under several past administrations, Said errors that prevent the Office of
Zoning from allowing the execution of a Supper Club Certificate of Use today are as follows:
1, In 2009 an Exception approval from the Zoning Board for a "Supper Club" Use was granted with
Conditions and with a one (1) year expiration date to obtain necessary Permits and Certificate of
Use. One (1) year later on 2010, the Zoning Board approved an extension to the approval with
no expiration date to obtain necessary approvals. After reviewing the Exception application, it is
the Office of Zoning's position that the recommendation approved by the Board was not
accurate nor complete.
Chapter 4 of the City's Alcohol Ordinance states In Section 4-7;
"... and provided further, that no certificate of use and/or occupancy shall be issued to any
applicant for consumption or sale of liquor on the premises or off the premises and/or beer
and wine for consumption an the premises in that district designated as the combination
residential and commercial district, if the place of business of the applicant is situated less
than 1,500 feet from a place of business with a prior alcoholic beverage license; such
distances to be measured and computed from the front door of the established licensee
to the front door of the proposed place of business of the applicant, along the route of
ordinary pedestrian traffic,"
At the time this application was processed an establishment, known as El Palacio Sport Cafe, Inc.
DBA L' Boulevard, located within the 1,500 feet of pedestrian travel at 3632-3634 NW 25
Avenue was operating with an Active Certificate of Use for Supper Club with a 4CQP Quota
liquor license, Supper Club Use was permitted by Resolution In 2002 and Liquor Distance Survey
PLANNING AND ZONING DEPARTMENT
444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130/ Phone: {305) 416-1400 Fax (305) 416-2156
Mailing Address: P.O. BOX 330708 Miami, Florida 33233-0708
was provided in 2006 when the CU was amended to abandon the Restaurant portion of the Use.
This Use remains active today. Office of Zoning's determination is that the 3637 Corporation
application would not have met the distance requirements set forth in Section 4-7 of the Alcohol
Ordinance in 2009, 2010 or today if a Liquor Survey was provided.
2. The Approved Exception in 2009 was subject to several conditions that must have been met in
order to obtain a Building Permit for the renovations. Conditions that were not met are as
follows:
a. "Approval of this Special Exception is conditioned to re -platting of the property prior to
obtaining any Building Permit (as stated on Plan sheet A101 by Public Works
Department)."
It has been found that the re -platting of land never took place therefore nullifying the
Building Permit approval.
b. "Approval of this exception shall run with this operator only; any changes to a different
operator shall require a separate Special Exception."
At the time this Special Exception was granted the applicant was 3637 Corp Inc. with
equal principal partnership between the operator's at the time known as Jerrett Hodas
and Martin Hodas. Since that time 3637 Corp Inc. was sold to 100% principal operator
known as James Fulford. The transference of a Business corporation in excess of 50% to
a new party constitutes a change In operator thus nullifying this special exception.
3. The Approved Exception was subject to time requirements under Section 1606.2 of Zoning
Ordinance 11000 that were not met. Section 1606.2 stated the following:
a. "No original limitation shall be for more than one (1) year nor less than sixty (60) days.
No extension shall be granted for more than one (1) year, and not more than one (1)
extension may be granted for any Special Exception.'
Building permits were issued in error as the Exception had expired, and the
establishment had not reached the stage of acquiring a Certificate of Use within that
time frame.
Special Permits and Building Permits issued in error convey no rights Pursuant to Miami 21 Section
7.1.3.6;
"Approvals granted in error do not authorize violation of this Code; corrections required.
a. An approval issued in error shall not confer any rights to construction or occupancy.
b. No approval shall be construed to authorize violation of any provisions of this Cade, and such
approval shall be valid only to the extent that the work authorized is lawful.
c. Issuance of a building permit based upon a site plan shall not prevent the Zoning Administrator
from thereafter requiring correction of errors in the plan."
Furthermore, The Zoning Administrator may deny the issuance of a certificate of use for good cause
pursuant to City Code of Ordinances Sec. 2-211. - Denial or revocation of certificate of use.
"(a) The zoning administrator may deny the issuance or renewal of a certificate of use for good
cause. "
In conclusion, the Office of Zoning has determined that it will not issue a Certificate of Use fora Supper
Club to the property located at 2657 NW 36 Street and recommends the following:
• Re -apply for a Supper Club Use when distancing requirements pursuant Chapter 4 are
attainable; or
• Apply for a Restaurant Certificate of Use with the ability to place a 4COP SFS license so long as
the property meets the minimum requirements of a "bona -fide' restaurant establishment_
Sincerely,
Devin Cejas
Zoning Administrator'
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Resolution No,: ZS-R-094035
Monday, June 8, 2008
Mr. Cornelius Shiver offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FO TH IN ZONING ORDINANCE NO,
11000, THE MIAMI ZONING BOARD GRANTS THE SPECIAL EXCEPTION AS
LISTED IN ORDINANCE NO. 11000, AS AMEND D, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401, NDER CONDITIONAL PRINCIPAL
USES OF C-1 RESTRICTED COMMERCIAL DISTRICT(7), TO ALLOW A
BAR/SUPPER CLUB ESTABLISHMENT OF APPPDXIMATELY 5,258 SQUARE FEET
OF FLOOR AREA IN AN EXISTING BUILDING OF APPROXIMATELY 12,588 SQUARE
FEET OF COMMERCIAL SPACE, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 25557 NORTHWEST 30TH SiItELT, LEGALLY DESCRIBED AS
EXHIBIT 'A' (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ZONED C-2 LIBERAL COMMERCIAL. THIS SPECIAL EXCEPTION WAS
GRANTED PER PLANS ON FILE WITH A TIME LITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAIN , SUBJECT TO THE FOLLOWING
CONDITIONS BY THE PLANNING OEPARTMEN . 1) APPROVAL OF THIS SPECIAL
EXCEPTION SHALL RUN WITH THIS OPERAR ONLY; ANY CHANGES TO A
DIFFERENT OPERATOR SHALL REQUIRE A SEF'AMTE SPECIAL EXCEPTION; 2)
SIGNAGE DETAILS FOR THE PROJECT SHALL ,E SUBMITTED TO THE PLANNING
DEPARTMENT FOR REVIEW AND APPROVAL. BY SEPARATE PERMIT AND 3)
ESTABLISHMENT TO HAVE SECURITY AND OPERATE WITH PERMITTED USE.
Upon being seconded by Mr. Miguel Gabela,
the motion was passed and adopted by the foil wing vote:
Mr, Brat Borers
Mr. n COr ice
Mr. Ctiarfie8 A. Gar4vagRa
Ma. Deena hlernutdvzt9
Mr, Lazam Lopez
Mr, .A.sre sat A. PM*
Mr. Convenes Shlwer
Mr, Ward MO*
Mr, Mgel thqulola
Mr. Ape (Jibes
AYE:
NAY:
ABSTENTIONS:
NO V072A,
ASSENT:
Ms. Fernandez: Motion carries 4-3
Ter ita
Away
No
Yes
Away
Yea
No
Yea
No
Away
Yes
3
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` Fernandez, Executive Sac
Hearing Boards
File ED#: Q9-00300x
Z.5
Miami Zoning
Resolution No.: ZB
Monday, June 6,
oard
-09-0035
09
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
Personally appeared before one, the undersigned au
of the Zoning Board of the City of Miami, Florida,
the foregoing Resolution for a Special Exception rag
SWORN AND SUBSCRIBED BEFORE ME THIS
Print Notary Name
Personally knew /or Produced I.D.
T YDs lord number or I.D. produced
Did cake en oath cr id nor take an eath
hority, Toresita L, Fernandez, Clerk
acknowledges that she executed
est,
DAY OF . 1/ , 2009.
otary Public State of Florida
y Commission Expires:
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Fite I D#: 09-00399x
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Miami Zoning
Resolution No.: Z
Monday, May 10,
Ms. Hernandez -Acosta offered the following resolutio
Resolution:
AFTER CONSIDERING THE FACTORS SET FORT
THE ZONING BOARD APPROVED TYPE EXTE
E.XCEPTION GRANTED BY T1= ZONING BOARD
ZB-R-09-0035, VOTE OF 4-3, AS LISTED IN ORDI
ZONING ORDINANCE OF THE CITY OF MIAMI,
CONDITIONAL PRINCIPAL USES OF "C-1" REST
TO ALLOW A BAR?SUPPER CLUB ESTABLISH
SQUARE FEET OF FLOOR AREA IN AN E.XISTI
12,588 SQUARE FEET OF COMMERCIAL SF
DISTRICT), FOR THE PROPERTY LOCATED AT
38TH STREET, MIAMI, FLORIDA, LEGALLY DE
ATTACHED), PUBLIC RECORDS OF MIAMI-DAD
LIBERAL COMMERCIAL.
Upon being seconded by Mr. Charles Garsvagiia,
the motion was passed and adopted by the following
Ids. ere Bbrlln
Mr. Ron Cordon
Mr, orate* A flaraysg s
Mrs. Nene Helnarsiaz•Acnste
Mr. Lauro Lora
Mr. Juvenal A. Ma
Mr Cornekes ShYar
Mr. AK* Urctata
AYE
NAY:
AaSTE TIONS.
NO VOTES;
ABSENT.
Motion carries S-0.
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PITA/MI -OAQir MUM? FLORID
oard
-10-024
010
and moved Its adoption
IN ZONING ORDINANCE NO, 11000,
SION OF TIME FOR A SPECIAL
N JUNE 8, 2009, RESOLUTION NO.
OE NO. 11000, AS AMENDED, THE
TICLE 4, SECTION 401, UNDER
ICTED COMMERCIAL DISTRICT(7),
ENT OF APPROXIMATELY 6,258
G BUILDING OF AP?ROXIMATELY
E ("C-2" LIBERAL COMMERCIAL
PROXIMATELY 2657 NORTHWEST
RIBED AS EXHIBIT "A' (HEREBY
COUNTY, FLORIDA: ZONED "C-2"
te:
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Away
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Yes
Yes
Yes
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Hearing Boards
File IC*: 09-06399xt
ZA
tnA�4
Miami Zoning Board
Resolution No.: ZB-R-1O-O24
Monday, May 10, 2010
STATE OF FLORIDA
SS.
COUNTY OF M1AMl-EJADE )
Personally appeared before me, the undersigned a
Zoning Board of the City of Miami, Florida, and
foregoing Resolution for an Extension of Time requ
SWORN AND SUBSCRIBED BEFORE ME THIS
419 = 641 fa,ye,es
Print Notary Name
Personsuy know nr Preduced 1.O.
Typo and number et i,D, produced
Did lake an oath or Did not take an oast
dhority, Anef Rodriguez, Cierk of the
acknowledges that he executed the
et.
DAY OF e7 2010,
6Notary Public State of Florida
My Corr n1 Ion Entree:
WhailAMELVEM
in 1y9n1tl Gd'%41
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File fD#; 0-00399xt
ZA
APPEALS CHECKLIST
❑ Yes
❑ Yes
❑ Yes
❑ Yes
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION
444 SW 2rd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearing boards
Reviewer Name
3637 Corp, Inc.
Applicant Name
2567 NW 36th Street
Review Date
Alan S. Krischer, Holland & Knight 305-789-7758
Contact Information
Project Name and Address
❑ WAIVER / ❑ WARRANT
❑ Yes ❑ No
❑ Yes ❑ No ❑ N/A
❑ Yes ❑No ❑N/A
❑ Yes ❑No ❑N/A
❑ Yes ❑ No ❑ N/A
❑ Yes ❑ No ❑ N/A
PERMIT APPEAL:
Is it within the 15-day appeal period?
Proof of Lobbyist Registration
Letter of Intent indicating Waiver (Class I) / Warrant (Class II) number
Certified list of adjacent owners within 500 feet
Ali other pertinent documents, such as a copy of Final Decision and Disclosure to
Support or Withhold Objection
Paid receipt
If No, return
materials.
If Yes:
❑ HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPEAL:
❑ Yes ❑ No Is it within the 15-day appeal period? If No, return materials. If Yes:
❑ Yes ❑ No ❑ N/A Proof of Lobbyist Registration
❑ Yes ❑ No ❑ N/A Letter of Intent indicating HEPB Resolution number
❑ Yes ❑ No ❑ N/A Certified list of adjacent owners within 500 feet
❑ Yes ❑ No ❑ N/A All other pertinent documents, such as a copy of HEPB resolution and Disclosure
to Support or Withhold Objection
❑ Yes ❑ No ❑ N/A Paid receipt
❑ EXCEPTION/❑ VARIANCE APPEAL (Circle one):
❑ No Is it within the 15-day appeal period? If No, return materials. If Yes:
❑ No ❑ NIA Proof of Lobbyist Registration
❑ No ❑ NIA Letter of Intent indicating PZAB Resolution number
❑ No ❑ N/A All other pertinent documents, such as Disclosure to Support or Withhold
Objection
❑ Yes U No ❑ N/A Paid receipt
• ZONING ADM. INTERPRETATION/PLANNING DIR. DETERMINATION APPEAL (Circle one):
❑ Yes ❑ No
1 Yes ❑ No ❑ N/A
❑ Yes No ❑N/A
❑ Yes ❑No ❑N/A
Is it within the 15-day appeal period? If No, return materials. If Yes:
Proof of Lobbyist Registration
Letter of Intent with all other pertinent documents/copies, such as Disclosure to
Support or Withhold Objection
Paid receipt
1, , authorize any refund to be issued to
(Name and Complete Address).
*If any information/documentation required above is missing, appeal is not accepted and all documents are
returned to the appellant.
*If all required information/documentation is presented, date stamp and initial the appeal letter.
Rev. 10-2013 1