HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 3114
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), GRANTING OR DENYING THE APPEAL BY AGAVE
ACQUISITIONS, LLC, REVERSING OR AFFIRMING THE DECISION OF
THE PLANNING, ZONING AND APPEALS BOARD, THEREBY
GRANTING OR DENYING WARRANT NO. 13-0033 ISSUED BY THE
PLANNING ZONING DIRECTOR ON JUNE 21, 2013 TO ALLOW AN
OUTDOOR DINING AREA FOR AN OUTDOOR CAFE FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2601 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA.
LOCATION: Approximately 2601 S. Bayshore Dr [Commissioner Ken Russell — District 2]
APPLICANT: Tucker Gibbs, Esq., on behalf of Agave Acquisitions, LLC
APPELLANT(S) TO PZAB: Marc Smiley, Esq., on behalf of Stanley Barnett and Rudolph
Roseborough, adjacent property owners
APPELLANT(S) TO City Commission: Tucker Gibbs, Esq., on behalf of Agave Acquisitions,
LLC
PURPOSE: This is an appeal to the City Commission of a PZAB decision.
FINDING(S):
PLANNING DEPARTMENT: Issued Warrant 13-0033
PLANNING, ZONING AND APPEALS BOARD: On October 16, 2013, granted the appeal and
denied the issuance of Warrant 13-0033.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3114 Final Action Date:12/14/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING OR DENYING THE APPEAL BY AGAVE ACQUISITIONS, LLC,
REVERSING OR AFFIRMING THE DECISION OF THE PLANNING, ZONING AND
APPEALS BOARD, THEREBY GRANTING OR DENYING WARRANT NO. 13-0033
ISSUED BY THE PLANNING ZONING DIRECTOR ON JUNE 21, 2013 TO ALLOW AN
OUTDOOR DINING AREA FOR AN OUTDOOR CAFE FOR THE PROPERTY
LOCATED AT APPROXIMATELY 2601 SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA.
WHEREAS, W. Tucker Gibbs, Esquire, on behalf of Agave Acquisitions, LLC
("Appellant"), filed an application for a Warrant seeking outdoor seating at the property located
at 2601 South Bayshore Drive; and
WHEREAS, Warrant No. 13-0033 was issued by the Planning Director on June 21,
2013; and
WHEREAS, Marc Smiley, Esquire, on behalf of Stanley Barnett and Rudolph
Rosebrorough ("Appellee"), filed an appeal of Warrant No. 13-0033 to the Planning, Zoning and
Appeals Board ("PZAB"); and
WHEREAS, the PZAB at its meeting on October 16, 2013, following an advertised public
hearing, adopted Resolution No. PZAB-R-13-056 by a vote of seven to zero (7-0) granting the
appeal filed by the Appellee; and
WHEREAS, an appeal of the PZAB decision was filed by the Appellant; and
WHEREAS, the City Commission, after careful consideration of this matter, having heard
testimony and argument and considered the record at the hearing, finds the Warrant does/does
not meet the applicable requirements of the Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21 Code"), relative to the review criteria for a
Warrant as set forth in Section 7.1.2.4 of the Miami 21 Code and deems it advisable and in the
best interest of the general welfare of the City of Miami and its inhabitants to reject/affirm the
decision of the PZAB and grant/deny the appeal of the Warrant as hereinafter set forth;
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 decision of the PZAB to grant the appeal by the Appellee of Warrant No.
13-0033 issued by the Planning Director on June 21, 2013 to allow an outdoor dining area for
an outdoor cafe for the property located at approximately 2601 South Bayshore Drive, Miami,
Florida, as legally described in attached Exhibit "A", is rejected/affirmed, and the Warrant is
hereby granted/denied.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS: