HomeMy WebLinkAboutPlanning Department Final Status MemoCITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Todd B. Hannon
City Clerk
FROM: Olga Zamora
Chief of Hearing Boards
Planning Department
DATE: May 15, 2019
SUBJECT: MinuteTraq File ID 1049
(Linked: MinuteTraq File ID 5180)
REFERENCES: Matter IDs 17-814, 18-3606, 19-197
ENCLOSURES:
MinuteTraq File ID 1049 will not be scheduled as part of any future City Commission meeting
agenda. Pursuant to Miami 21 Section 7.1.2.8(g)(3), the application associated with MinuteTraq File
ID 1049 was deemed to have been denied on December 16, 2017. The abbreviated explanation, as
articulated by the City Attorney's Office, is the following::
"Sec. 7.1.2.8(g)(3) states that If a recommendation of the Planning, Zoning and Appeals
Board is not legislatively decided within twelve (12) months from first reading by the City
Commission, the application upon which the report and recommendation are based shall be
deemed to have been denied.' First reading occurred November 17, 2016, meaning that the
item needed to have been legislatively decided within 12 months of that date, or
approximately November 17, 2017[sicf '. Instead, the Commission took action (which could
be considered to be a legislative decision) more than 12 months after.
Because, as a matter of law, pursuant to Sec. 7.1.2.8(g)(3) the item was deemed denied, it
should not have been on the agenda that day for the Commission to act upon it... The item
should have disappeared as a matter of law in November of 2017 [sicf 2. Because Miami 21 is
clear as to when the item is deemed denied by operation of law, the Commission did not have
the ability to act upon it... "
C: Victoria Mendez, City Attorney
Nicole Ewan, Assistant City Clerk
Francisco J. Garcia, Planning Department, Director
Miriam Santana, Agenda Coordinator
Carolina Bazail, Assistant Agenda Coordinator
Jeremy Calleros Gauger, Planning Department, Assistant Director
Jacqueline Ellis, Planning Department, Chief of Land Development
Erica Lee, Planning Department, Hearing Boards Coordinator
Rafael Suarez -Rivas, Senior Assistant City Attorney
Dan Goldberg, Assistant City Attorney
Daniel Diaz, Assistant City Attorney
i77
1 Miami 21, Section 7.1.2.8(g)(3), ..."No day of the month of August shall be counted in the administration of this
section."; therefore, actual date is December 16, 2017.
2 Miami 21, Section 7.1.2.8(g)(3), ..."No day of the month of August shall be counted in the administration of this
section."; therefore, actual date is December of 2017.
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