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Resolution
Legislation
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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,
City of Miami Page 1 of 2 File ID: 3114 (Revision:) Printed On: 1/30/2025
File ID: 3114 Enactment Number:
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:
City of Miami Page 2 of 2 File ID: 3114 (Revision:) Printed on: 1/30/2025