HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY
AGAVE ACQUISITIONS, LLC, REJECTING THE DECISION OF THE PLANNING, ZONING AND APPEALS
BOARD, THEREBY GRANTING 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 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 the decision of the PZAB and grant 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 and the Warrant is hereby granted.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.