HomeMy WebLinkAboutSubmittal-William Riley-Appeal DocumentsSubmitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Appeal Documents
M?°- \)tiS\\q\ (4'*1\
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
1
Sylvia Abraham 30 NW 42 Street Miami, Florida 33127
(305) 338-1023 Lester2100@hotmail.com
To: City of Miami Hearing Boards Department
444 SW 2 Avenue, 3`d floor, Miami, FL 33130 (305) 416-2030
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
APPEAL LETTER OF EXCEPTION FOR PRE-SCHOOL
AT 4136 NORTH MIAMI AVENUE and 20 NW 42 Street, PZAB-R-19-022
Friday, June 28, 2019
Dear Hearing Boards Department,
As per Miami 21 Section 7.1.2.6 d, this is a Written Notice of Appeal of the Exception passed by
the Planning, Zoning and Appeals Board for the properties located at 4136 North Miami Avenue
and 20 NW 42 Street. That Exception was Item No. 1 on the PZAB agenda of .tune 5. 2019. The
reasons and grounds for the appeal are as follows:
As per Miami 21 Section 7.1.2.6 c 2, the application fails to comply with all applicable
regulations, as shown by two separate Staff Analyses and other evidence which will be presented
at the De Novo appeal hearing.
This appeal is requested by the undersigned aggrieved parties, all of whom would be adversely
impacted by this Exception, both directly and by the negative precedent it would set:
Sylvia Abraham, Abutting residence 30 NW 42 Street
Allen Mcphee, Power of Attorney
ti'tligivirL .. , 76 NW 39 Street
80 NW 41 Street ff. rat,
ale eiirrer 118 NW 42 Street
yat
Bueiia Vista Heights Neighborhood Association
Buena Vista East Historic Neighborhood
Association
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
General Power of Attorney
(with Durable Provision)
NOTICE: THIS 1S AN IMPORTANT DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT
FACTS. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT")
BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL OR OTHERWISE DISPOSE OF
ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. YOU MAY SPECIFY THAT
THESE POWERS WILL EXIST EVEN AFTER YOU BECOME DISABLED, INCAPACITATED OR INCOMPETENT. THIS DOCUMENT
DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. IF THERE IS ANYTHING
ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. YOU MAY
REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO S0.
TO Alt PERSONS, be it known that I,
4-2
of 32 ,'t/r.✓ S' • ✓L�lrf� . G 3. (2 0
the un ersigned Grantor (hereinafter Principal), do hereby make and grant a general poyver of attorney to
�L� G��F_ , of I ?OS6 Gil/ £ / l�C7-79.,/ Fz- 313Zi
and do thereupon constitute and appoint said individual as my Attorney-in-Fact/Agent.
If my Agent is unable to serve for any reason, I designate
of i✓/j1 , as my successor Agent.
'1/%01
My Attorney-in-Fact/Agent shall act in my name, place and stead in any way that I myself could do, if I were personally present,
with respect to the following matters, to the extent that I am permitted by law to act through an agent:
(NOTICE: The Principal must write his or her initials in the corresponding blank space of each box below with respect to each
of the subdivisions (A) through (N) below for which the Principal wants to give the agent authority. If the blank space within
a box for any particular subdivision is NOT initialed, NO AUTHORITY WILL BE GRANTED for matters that are included in that
subdivision. Cross out each power withheld.)
vrwvrw.sorfa(ef.COm
(A) Real estate transactions
(B) Tangible personal property transactions
(C) Bond, share and commodity transactions
(D) Banking transactions
(E) Business operating transactions
(F) Insurance transactions
(G) Gifts to charities and individuals other than Attorney-in-Fact/Agent
(If trust distributions are i.nvolved_Qjax consequences are anticipated,
consult an attwrraey,)'.. ; ,.# , ,i)
(H) Claims and litigation_ "fit tl ' ``c' it y,�Ll't YJ�r
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(I) Personal relationships Rd.af# rs
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(J) Benefits from n1iJj allosQryt$fV,1v Y3t 401i AO 7
Page 1 01 3
O 700S Socrates Medi. at
1rt05-1 . Rev.03t0S
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
[5 ) (K) Records, reports and statements
[`r) J (L) Full and unqualified authority to my Attorney-in-Fact/Agent to delegate any or all of the
foregoing powers to any person or persons whom my Attorney-in-Fact/Agent shall select
[(j/ 1 (M) Access to safe deposit box(es)
[514 j (N) All other matters
Durable Provision:
f j (0) If the blank space in the block to the left is initialed by the Principal, this power of
attorney shall not be affected by the subsequent disability or incompetence of the
Principal. I
Other Terms: % CL� to O r t ta)/ 'J //fit I ,/L1 C pk► t
yvIAL 11) �s t. 14?Yt412/ vti ,- F? * rese.olye„ Wi/ 1,ef7U
My Attorney-in-Fact/Agent hereby accepts this appointment subject to its terms and agrees to act and perform in said fiduciary
capacity consistent with my best interests as he or she in his or her best discretion deems advisable, and I affirm and ratify all
acts so undertaken.
TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVINGA DULY
EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION
HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF
SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR
MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS
ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY
REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT.
Signed under seal this day of OK . 20Q5.
Signed in the presence of:
Witness
Witness
�M�l /ors /4,/
SVG Ega R 4 H-1 Mm
Grantor (Principal)
Attorney-in-Fact/Ag4nt
s OFFICIAL NOTARY SEAL
rv®" TERMIDIEU ANDRE
ill COMMISSION NUMBER
CC59994!
NY COMMISSION EXPIRES
A•AH AA AAA• *AAA
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
2
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
l•► J�1�..v.....1 D Ar "ingatieb 37 NW 42 Street Miami, Florida 33127
(305) 332-5276
To: City of Miami Hearing Boards Department
444 SW 2 Avenue, 3"' floor, Miami, FL 33130 (305) 416-2030
APPEAL LETTER OF EXCEPTION FOR PRE-SCI-HOOI_.
AT 4136 NORTI-I MIAMI AVENUE and 20 NW 42 Street, PZAB-R-19-022
Friday, June 28,2019
Dear Hearing Boards Department..
As per Miami 21 Section 7.1 .2.6 d, this is a Written Notice of Appeal of the Exception passed by
the Planning, Zoning and Appeals Board for the properties located at 4136 North Miami Avenue
and 20 NW 42 Street. That Exception was Item No. 1 on the PZAB agenda of June 5. 2019. The
reasons and grounds for the appeal are as follows:
As per Miami 21 Section 7.1.2.6 c 2, the application fails to comply with all applicable
regulations, as shown by two separate Staff Analyses and other evidence which will be presented
at the De Novo appeal hearing.
This appeal is requested by the undersigned aggrieved parties, all of whom would be adversely
impacted by this Exception, both directly and by the negative precedent it would set:
37 NW 42 Street
abutting resident at 37 NW 42 Street
76 NW 39 Street
80 NW 41 Street
�W. 1 18 NW 42 Street
Buena Vista Heights Neighborhood Association
Buena Vista East Historic Neighborhood Association
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
3
Welcome to our new website!
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the search bar or visit our old site. archive.miamigov.com (http://archive.miamigov.com/home)
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
City of
Miami
Home (https://www.miamigov.com/Home) / Building & Permitting
(https://www.miamigov.com/Services/Building-Permitting) / Appeals & Hearings
(https://www.miamigov.com/Services/Building-Permitting/Appeals-Hearings) / Appeal an
Exception or a Variance
Appeal an Exception
or a Variance
Do you want to appeal the decision of the PZAB
regarding a particular Waiver or a Variance to the City
Commission?
Online
Online
Is the Appeal Period
Open?
Contact Us
Phone
305.416.2030
(tel:3054162030)
Location
Miami Riverside Center
444 SW 2 Ave, 3rd Floor
Miami
33130
View Map
(https://maps.google.com?
q=444 SW 2 Ave, 3rd Floor %
20Miami%20331301
Related Information
Once the Planning, Zoning and Appeals
Board's ("PZAB") decision is
rendered, an appeal to the City
Commission can be filed with the
Hearing Boards Division in -person
within 15 calendar days of the date of
rendition.
NOTE: lithe 15th calendar day appeal
period has closed, an appeal of the
PZAB's decision cannot be filed. If the
15th day falls on a weekend or on a City
holiday, the last day to appeal will then
be extended to the following business
day.
NOTE: Decisions by the PZAB related to
a waiver cannot be appealed to the City
Commission unless it is related to an
Affordable Housing Trust matter (Article
7, Diagram 14, page 5 of Miami 21).
Gather Documents
To appeal a PZAB decision related to
an Exception or to a Variance, you will
need:
• Appeal Letter - Your appeal letter
addressed to Hearing Boards must
indicate the PZAB Resolution
number.
• Proof of Lobbyist Registration- If you
are a lobbyist, please provide a copy
Apply for an Exception
Permit
(https://www.miamigov.c
om/Services/Building-
Permitting/Get-a-
Permit/Apply-for-an-
Exception-Permit)
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
of your lobbyist registration. If you do
not have a copy, or have not yet
registered, please contact the Office
of the City Clerk at 305.250.5360.
• Corporate Resolution from Board of
Directors (if you are representing an
organization)
• Certified list of adjacent property
owners within 500 feet in one of the
following two ways. Whichever
method you choose, you will be able
to obtain the information in either
format and for no cost through
the City's GIS property search tool
here
(http://www.miamidade.gov/prop
ertysearch/#/).
1- Provide a list of the names and
addresses of the property owners
and the address(es) within 500 feet of
the property indicated on Exception
or Variance. Please format the
information as indicated here
(PDF, 147KB)
(/files/assets/public/document-
resou rces/pdf-docs/hb-
instructions-on-prep-prop-
owners-in-excel.pdf), and burn the
Excel file onto a CD.
OR
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
2- Provide a list of the names and
addresses of the property owners
and the address(es) within 500 feet of
the property indicated on the
Exception or Variance in
printed format. Please provide two
(2) sets of printed mailing labels.
• Signed, certification (PDF,233KB)
(/files/assets/public/document-
reso u rces/pd f-d ocs/h b-
certification-of-prop-owners.pdf)
by the person who prepared the list
of adjacent property owners within
500 feet
• Other pertinent documents- Provide
any other pertinent document that
you would like to make a part of your
appeal, such as Disclosure to
Support or Withhold Objection
(PDF, 139KB)
(/files/assets/public/document-
resources/pdf-docs/hb-disclosure-
of-agreement-to-support-or-
withhold-objection.pdf) , Power of
Attorney, etc.
Review Fees
If you are filing an appeal, you will need
to pay:
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
• An appeal fee equivalent to the
Exception orVariance,application
fee.
• $4.50 per certified notice that needs
to be mailed out.
• $1,500.00 for advertising.
If you are filing as an abutting property
owner or as the original applicant, you
will only need to pay:
• $4.50 per certified notice that needs
to be mailed out.
File your Appeal
Appeals must be filed in person with
the Hearing Boards Division located at:
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
T/P. Appeals are accepted Monday -
Friday between the hours of 8:OOAM
and 5:OOPM. Appointments are
appreciated but are not necessary.
Please contact the Division of Hearing
Boards at 305.416.2030 if you wish to
make an appointment.
NOTE: After filing your appeal, you will
immediately be given an invoice.
Pay Your Invoice
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Your invoice must be paid in full prior to
the acceptance of your appeal. Invoices
can be paid online here
(https://secure35.ipayment.com/cbt
webstart secu re/cbtwebsta rt.asmx/
ProcessToken?
ClientID=miami prod&token=MPaSV
6PNDEieQOREJir3lz+F7ju9ScXl:ce4le
126-e077-a933-113c-39dd82c7a19c)
utilizing the "Transaction ID" # from
your invoice (select payments,
dropdown menu "Financial Transaction
D").
You can also pay at the Cashier's Office
located at:
444 SW 2nd Avenue, 4th Floor
Miami, Florida 33130
T/P. The Cashier's Office is open
Monday - Friday between the hours of
8:OOAM and 4:30PM.
IMPORTANT: It is best to
pay your invoice while still
on -site (after filing your
appeal), so you may
deliver the receipt back to
the Division of Hearing
Boards immediately. Your
appeal will not be filed
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
4
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
CITY OF MIAMI HEARING BOARDS
MIAMI RIVERSIDE CENTER
444 SW 2ND AVENUE, 3RD FLOOR
MIAMI, FLORIDA 33130
RE: Property Owner's List Within 500 Feet of:
Str,�eetAyddress(es)
Y/.3"";, _A.-7 `.9M4/ 1.1d ;
lvc i,4
Total number of labels without repetition: e-'S-`t22.___ /_,j,,,�
I also understand that a new list will be requested by
the City of Miami Hearing Boards if it is determined the property owner information list initially
submitted is older than six (6) months.
Sincerely.
`-Sidnature 'r
Prin ed Name or Company Name
i � l // '-t;/ .3 `2
Address
Telephone
E-mail
/1 iti5✓'
ft e -- j
( C eture-
2t71 /f
Kcv 10-18
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
CITY OF MIAMI HEARING BOARDS
MIAMI RIVERSIDE CENTER
444 SW 2ND AVENUE, 3RD FLOOR
MIAMI, FLORIDA 33130
RE Property Owner's List Within 500 Feet of:
Street Address(es)
1i %i /M-f /
;2,,_0____ /V 0'7i1 LC,' ,. > , .Y2 -7
Total number of labels without repetition: , 4, __ ._._ 7l` /3,2--
I also understand that a new list will be requested by
the City of Miami Hearing Boards if it is determined the property owner information list initially
submitted is older than six (6) months.
Sincerely.
`-Signature
Printed Name or Company Name
l i 5 G2
Address
Telephone
c' ?/
E-mail
420
Rev 1 o• 18
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
5
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
BUENA VISTA HEIGHTS NEIGHBORHOOD ASSOCIATION
http://www.BVHNA.Com
Email: info@BVHNA.Com
RESOLUTION TO SPEAK FOR THE ASSOCIATION
Dear Appeal Board
This is the Resolution
Neighborhood Association, to speak on behalf of the board.
Buena Vista Heights Neighborhood Association
of the Buena Vista Heights
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
6
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
.BUENA VISTA
1.1 1 s 'l t) R 1 ('
Nli.1(:H8ORI1 )OI)
ASS0(1 NT10N
June 28. 2019
Subject: Resolution of Support for Buena Vista Stakeholders Appeal
Please accept this letter from the Board of Buena Vista East Historic Neighborhood Association
giving our full support to the appeal filed by Buena Vista Stakeholders. We feel that the
Planning and Zoning Board ruled erroneously in granting an exception for a preschool at 4136 N.
Miami Avenue and 20 NW 42nd Street.
Respectfully,
Robin Porter, President
Buena Vista East Neighborhood Association
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
7
Crttg of ifitantt
BUILDING DEPARTMENT
Transaction Statement
Financial Transaction ID: 617882
Transaction Date:
Permit Number:
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
PZAB-R-19-022
(305)322-5276
FEE SUMMARY
Fee Category
Fee
Code
Fee Description
Quantity
Unit Type
Amount
HEARING BOARDS - PUBLIC HEARING
MS-226
PUBLIC HEARING - LU POLICY
1.5.4
15.0000
NGH X HRGS
$67.50
HEARING BOARDS - PUBLIC HEARING
MS-225
PUBLIC HEARING - MEETING
MAIL NOTICE - NEIGHBORS
132.0000
NGH X HRGSE
$594.00
Tota I:
$661.50
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Please visit us at www.miamigov.com
•
Rev. Jul/02/2012
Generated on Jul/01/2019 12:13 PM
Page 1 of 2
...The City of Miami...
Printable Search Result
** This is not a Receipt
iPayment Reference Number:
2019182007-47
TRANSACTIONS
**
Submitted into the public
record for item(s) PZ.5 .
on 10124/2019 , City Clerk
EFFECTIVE DATE 7/1/2019
WORKGROUP Main
Cashiering
Area
USER darrinda
LM Payments
2019182007-47-1
TRANS ID: 617882
TRANS ID: 617882
ADDRESS 1: 444
ADDRESS 2: 5th floor
CITY: Miami
STATE: FL
ZIP: 33175
: false
BUSINESS NAME: COM
Fee Payment
TRANS ID: 617882
TRANS ID: 617882
ADDRESS 1: 444
ADDRESS 2: 5th floor
CITY: Miami
STATE: FL
Zip: 33175
ASSESSED AMT: 67.5000
STATUS DATE: 2019-07-01T12:14:00
FEE STATUS: Unpaid Fee
FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4
FEE ID: 1904906
PAYMENT DUE: $67.50
• POS-Hearing Boards Other Service Charges
PAY: true
BUSINESS NAME: COM
Fee Payment
TRANS ID: 617882
TRANS ID: 617882
ADDRESS 1: 444
ADDRESS 2: 5th floor
CITY: Miami
STATE: FL
ZIP: 33175
ASSESSED AMT: 594.0000
STATUS DATE: 2019-07-01T12:14:00
FEE STATUS: Unpaid Fee
FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS
FEE ID: 1904907
PAYMENT DUE: $594.00
: POS-Hearing Boards Other Service Charges
PAY: true
BUSINESS NAME: COM
$661.50
DATE/TIME 07/01/2019
12:19:48
PM
$67.50
$594.00
TOTAL AMOUNT:
https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/print_version.htm?_DOU... 9/9/2019
Page 2 of 2
$661.50
PAYMENT
Visa
AUTH CODE: 003690
2019182007-47-1-0-TNDR
r2
Please visit us at www.miamigov.com
$661.50
DISPLAY IMAGE:
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/print_version.htm?_DOU... 9/9/2019
Page 1 of 3
Your Reference Number:
2019182007-47
07/01/2019 12:19:48 PM
DUPLICATE RECEIPT 09/09/2019 12:18 "'"
TRANSACTIONS
...The City of Miami...
Submitted into the public
Receipt record for item(s) PZ.5 .
on 10/24/2014 , City Clerk
LM Payments $661.50
2019182007-47-1
TRANS ID: 617882
BUSINESS NAME: COM
Fee Payment $67.50
FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4
Fee Payment $594.00
FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS
TOTAL AMOUNT:
$661.50
PAYMENT
Visa Credit Sale $661.50
CARD NUMBER: ************5385
PAYMENT TYPE: credit
AUTH CODE: 003690
u
A
i
u
i
CE2019 82007 47
u
https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/htm_printable.htm?_DOU... 9/9/2019
Page 2 of 3
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
...The City of Miami...
Credit Card Receipt(Merchant Copy)
DATE/TIME: 09 / 09 / 2019 12:18
VISA SALE 5385 K
AMOUNT: $661.50
AUTH CODE: 003690
REFERENCE NBR: 2019182007-47
Signature
Please visit us at www.miamigov.com
https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/htm printable.htm?_DOU... 9/9/2019
Page 3 of 3
Submitted into the public
record for item(s) PZ.5 .
* on 10/24/2019 , City Clerk
...The City of Miami...
Credit Card Receipt(Customer Copy)
DATE/TIME: 09 / 09 / 2019 12:18
VISA SALE 5385 K
AMOUNT: $661.50
AUTH CODE: 003690
REFERENCE NBR: 2019182007-47
Please visit us at www.miamigov.com
Please visit us at www.miamigov.com
https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/htm_printable.htm?_DOU... 9/9/2019
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
City of Miami
. .The City of Miami...
Reference Number: 2019203008-2
LM Payments
2019203008-2-1
Trans ID: 622338
Business Name: COM
Fee Payment
Fee Name: APPEAL - VARIANCE/EXCEPTION
Amount: $3,000.00
Fee Payment
Fee Name: PUBLIC HEARING - ADVERTISING
Amount: $1,500.00
Fee Payment
Fee Name: PUBLIC HEARING - MEETIN( MAIL NO
TICE - APPLICANT/APPEALLANT
Amount: $9.00
Total:
1 ITEM TOTAL:
TOTAL:
$4,509.00
$4,509.00
$4,509.00
*** DUPLICATE RECEIPT 8/29/2019 11:34:28 A
M ***
1111111111
Total $4,509.00
I� 111111 IIIJIlhIlIl9 111
CE2019203008-2
Please visit us at www.miamigov.com
8/30/2019
S
FARGO
Deposited Check Image Print View
'Transaction Search
wages
Date/Time Printed: 08/30/2019, 6:58 AM PDT
Check EE038 - 4509.00 USD
r206038r 1:M6080372u: 901.0129S8722Sir
Item Details
`deposit Item Details
Check Number
Amount
Account Number
Deposit Details
Account Number
Account Name
Customer Reference
Amount
Transaction Type
Posting Date
As of Date
EE038
4509.00 USD Debit
90101295872251
2696204833948
CITY OF MIAMI
11304
4509.00 USD Credit
COMMERCIAL DEPOSIT
07/24/2019
07/24/2019
Description
Item Sequence Number
Bank ID
Item Sequence Number
Bank ID
BAI Code
Submitted into the public
record for item(s) PZ.5 .
on 10124/2019 , City Clerk
Check Deposited
5150173833
26608037
005150173832
121000248
301
https://wellssuite.wellsfargo.com/tsearch/imagePrint? 1/1
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
8
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
City of Miami
PZAB Resolution
Enactment Number: PZAB-R-19-022
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 5691 Final Action Date: 6/5/2019
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION,
PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF MIAMI
21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
TO ALLOW A PRE-SCHOOL EDUCATIONAL USE ON THE PROPERTIES
GENERALLY LOCATED AT 4136 NORTH MIAMI AVENUE AND 20 NORTHWEST 42
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Perpetual Love 4128, LLC and Perpetual Love 4136, LLC (the "Applicant")
owns the properties located at approximately 4136 North Miami Avenue (the "Eastern Property")
and 20 Northwest 42 Street (the "Western Property"), as more particularly described in Exhibit
"A," attached and incorporated; and
WHEREAS, the Applicant has applied for an Exception (PZ# 18-299) to allow a Pre -
School Use (the "Pre -School") on the Eastern Property and the Western Property (collectively,
the "Properties") pursuant to Article 4, Table 4 and Section 7.1.2.6 of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, as amended (the "Miami 21 Code"); and
WHEREAS, the Eastern Property has a zoning designation of "T4-L," General Urban
Transect Zone - Limited and a Future Land Use Map ("FLUM") designation of Low Density
Restricted Commercial; and
WHEREAS, the Western Property has a zoning designation of "T3-L," Sub -Urban
Transect Zone — Limited, and FLUM designation of Duplex Residential; and
WHEREAS, a Pre -School Educational Use is permitted on the Properties in accordance
with Article 4, Table 3 of the Miami 21 Code, as well as the Interpretation of the 2020 Future
Land Use Map Element of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, to the west, the Properties abut a property that is designated "T3-L," Sub -
Urban Transect Zone — Limited and Duplex Residential; and
WHEREAS, to the north, the Properties abut property that is designated "T3-L," Sub -
Urban Transect Zone — Limited and "T4-L," General Urban Transect Zone - Limited with FLUM
designations of Duplex Residential and Low Density Restricted Commercial; and
WHEREAS, to the south, the Properties abut property that is designated "T3-L," Sub -
Urban Transect Zone — Limited and "T5-O," Urban Center Transect Zone -Open with FLUM
designations of General Commercial and Duplex Residential; and
City of Miami Page 1 of 5 File ID: 5691 (Revision: 8) Printed On: 6/17/2019
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
WHEREAS, to the east, the Properties abut property that is designated "T3-O," Sub -
Urban Transect Zone - Open, "T4-L," General Urban Transect Zone — Limited, and "T5-O,"
Urban Center Transect Zone -Open with FLUM designations of Low Density Restricted
Commercial and General Commercial; and
WHEREAS, on January 21, 2015, the Office of Zoning issued a Waiver, Waiver No.
2014-0117, for the Eastern Property to allow an office building with a subterranean garage (the
"Structure"), a ten -percent (10%) reduction in required parking, and a dominant setback of five
(5) feet; and
WHEREAS, on February 16, 2018, a Certificate of Occupancy, No. BD15005709CO,
was issued for the Structure as a "Professional Office / Bank/ Financial Institution;" and
WHEREAS, the Western Property is presently developed with a vacant one-story
residential structure (the "Vacant Lot"); and
WHEREAS, the requested Pre -School shall have no more than 120 students,
approximately 7,038 square feet in classroom space, and a minimum of 17 parking spaces on -
site; and
WHEREAS, the Structure's garage would be reconfigured to allow up to 7 parking
spaces for teachers and staff; and
WHEREAS, a two-lane roundabout will be added to the interior garage to facilitate
queuing for up to 12 vehicles on -site; and
WHEREAS, student drop-off and pick-up shall occur in the subterranean garage; and
WHEREAS, on March 19, 2019, the Miami -Dade County Traffic Engineering Division
submitted to the City of Miami's ("City") Planning staff an approval with conditions for the Traffic
Operations Plan ("TOP") of the Pre -School; and
WHEREAS, on March 21, 2019, the City's Office of Zoning approved the plans for the
Pre -School with the conditions listed in Section 2 of this Resolution; and
WHEREAS, Chapter 33, Article XA, Section 33-151.11 of the Miami -Dade County Code
of Ordinances states that no municipality shall adopt physical standards governing day
nurseries, kindergartens or after school care that are in conflict with or in addition to the
standards contained in that Article, whether more or less restrictive than the standards
contained therein; and
WHEREAS, Chapter 33, Article XA, Section 33-151.22 of the Miami -Dade County Code
of Ordinances indicates that the City shall enforce Article XA, titled "Educational and Child Care
Facilities, Nonpublic"; and
WHEREAS, the documents submitted to the City's Planning staff show consistency, with
conditions, with Chapter 33, Article XA of the Miami -Dade County Code; and
City of Miami Page 2 of 5 File ID: 5691 (Revision: B) Printed On: 617/2019
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
WHEREAS, the plans and documents provided to the City's Planning staff showing the
configuration of the Structure and Vacant Lot for a Pre -School Use are consistent with Article 4,
Table 12, and Article 7, Section 7.1.2.6 of the Miami 21 Code, with conditions; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all
other regulations of the City; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to request to approve the Exception, with
conditions, for the Pre -School at the property located at approximately 4136 North Miami
Avenue and 20 Northwest 42 Street, as more particularly described in Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD 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 Exception requested pursuant to Article 7, Section 7.1.2.6 of Ordinance
No. 13113, the Zoning Code of the City of Miami, as amended, is hereby approved subject to
the following conditions:
1. The project shall substantially comply with the Applicant's Letter of Intent, titled
"Amended and Consolidated Letter of Intent", dated May 8, 2019, consisting of 9
pages, and with the notarized signature of William W. Riley, Jr., Esq., except as
modified herein, specifically as to the number of students and the shifts.
2. The project must substantially comply with the plans titled "Centner Academy",
consisting of 10 sheets, digitally signed on May 8, 2019, by Christopher J. Luce,
including the Conditions of Approval of this Exception request.
3. The site plan shall show a controlled access device (boom barrier) for vehicles at
the entrance of the Western Property.
4. The following note shall be added to the site plan for the Western Property: "No
access to the surface parking lot during drop-off and pick-up times".
5. The plans shall include an elevation and material details for a visual screening
measure which shall be used for the parking lot on the Western Property. The
screening shall be consistent with Article 4, Table 12.
6. The Applicant shall provide a revised Traffic Operations (TOP) Form indicating
that parents may only use the subterranean garage during pickup and drop off.
7. The Applicant shall provide material details on plans of the additional security
measures on the rooftop, which shall be consistent with Article 4, Table 12.
City of Miami Page 3 of 5 File ID: 5691 (Revision: 8) Printed On: 6/17/2019
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
8. In accordance with Section 9.7 of Miami 21, the Applicant shall provide a buffer
along the western lot line of the Western Property to visually screen the parking
lot from dissimilar land uses to the west.
9. Changes to the hours of operation, number of employees and/or pupil's
registration shall require City review, and if applicable, County, for compliance
with the required standards for schools, as well as to the City of Miami applicable
codes.
10. Validation of student enrollment by a Certified Public Accountant is required the
first Wednesday of every October to the Planning Department to verify student
enrollment. At no time, shall enrollment exceed 120 students of Pre -School Age.
11. The Pre -School Use is granted pursuant to this Exception and is not transferable
to another property.
12. Provide a safety plan for the Pre -School, including but not limited to video
recording cameras for surveillance covering the exterior of the Pre -School.
13. The Landscape Plan for the Pre -School must be designed pursuant to Article 9 of
the Miami 21 Code, Chapter 17 of the City Code and Chapter 18A of the Miami -
Dade Code. The Landscape Plan must obtain the correspondent approval from
Environmental Resources.
14. Signage must be processed under separate permit.
15. The building permit submittal process for this project shall comply with the
requirements of all applicable departments and agencies.
16. As set forth in Section 7.1.1.4.b.8, the Planning, Zoning and Appeals Board, after
a quasi-judicial hearing, may rescind, modify or change any resolution granting
an Exception if, upon application filed by the Director at any time after the grant
of an Exception, the board finds that there has been a violation of any conditions,
restrictions or limitations in the subject resolution. Such a hearing shall not be
held until published notice (per section 62-129 of the City Code) has first been
given. If the Director, upon written request of any aggrieved party, refuses or fails
to make an application for such rescission, modification or change, the aggrieved
party may request the City Commission, through the City Manager, to instruct the
Director to -do so. The decision of the board shall be appealable to the City
Commission in the same manner as an appeal of a board decision regarding an
Exception.
17. Pursuant Article 7 Section 7.1.2.4.c.4 A Warrant shall be valid for a period of two
(2) years during which a building permit or Certificate of Use must be obtained.
This excludes a demolition or landscape permit. A one-time extension, for a
period not to exceed an additional year, may be obtained if approved by the
Planning Director.
18. Prior to the issuance of a building permit, the Applicant shall obtain a Traffic
Sufficiency Letter from the City of Miami.
City of Miami Page 4 of 5 File ID: 5691 (Revision: B) Printed On: 6/17/2019
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
19. As voluntarily proffered during the public hearing, arrival and dismissal times
shall be staggered as indicated in the Letter of Intent and each shift shall have no
more than forty (40) students per shift with a maximum of one hundred and
twenty (120) students total.
Section 3. This Resolution shall be effective immediately upon its adoption.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION
WITHIN FIFTEEN (15) DAYS.
I1(C2 (7`Y
F�fancisco Garcia, Director
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
‘el17l?c 17
Execution ate
Personally appeared before me, the undersigned authorityF-ACCL\ CJ - Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS IT\ DAY OF JJ1r‘Q. , 201 R
? V'L-
Print Notary Name
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Not ry Public State of Florida
My Commission Expires:
. BEATR2ALVAREZ
• Commission # GG 153775
w7� Expires November 20, 2021
'^eP,f fk9ac
itn troy Mt Morin t00-385.701A
City of Miami Page 5 of 5 File ID: 5691 (Revision: B) Printed On: 6/17/2019
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
9
7/3/2019 Property Search Application - Miami -Dade County
OFFICE OF THE PROPERTY APPRAISER
Summary Report
Property Information
Folio:
01-3124-020-1010
Property Addis.:
30 NW 42 ST
Miami, FL 33127-2857
Owner
SYLVANIE ABRAHAM
Manny Addnu
32NW42ST
MIAMI, FL 33127 USA
PA Primary Zees
0104 SINGLE FAIT- ANCILIARY
UNIT
Pdmery Land Use
0803 MULTIFAMILY 2-9 UNITS :
MULTIFAMILY 3 OR MORE UNITS
Bode/Bathe/Hale
5/3/0
Floors
1
Living Ualle
3
Actual Ares
Sq.Ft
Living Ana
Sq.FI
Adjusted Area
2,500 Sq.FI
Lot Sae
7,200Sq.F1
Year Built
Multiple (Sea Building Info.)
Assessment Information
Year
2019
2018
2017
Land Value
8183.542
$163,877
8133,084
Building Value
8120.772
8122.047
8123,323
XF Value
814,589
814.774
314.9600
Merkel Vales
8318,903
$300.698
8271.387
A4008ad Vegas
8188,690
8173.924
8180,393
Benefits Information
Benefit
Typo
2019
2018
2017
San Our Homes Cap
Assessment Reduction
872,217
886,824
857,812
Hon4lomostesd Cep
Assessment Reduction
$57,996
159,950
853,182
Homestead
Exemption
$25,000
825,000
825,000
Second Homestead
Exemplbn
$25,000
825,000
$25,000
Senior Homestead
Exemption
$50,000
$50.000
$50,000
Note: Not all benefits are epp1nble to ell Taxable Velma (.e. County, School
Bum, CB), Regional).
Short Legal Description
BUENA VISTA HGTS ADD AMC PL
PB 3-22
LOT 21 BLit 5
LOT S12E 50.000X 144
OR 20585-4993 08 20024
Taxable Value Information
20191 20181 2017
County
Exemp00n Wye
8100,000
1100,000
8100,000
Taxable Value
688,690
673,924
860,393
Br1ua Board
Exemption Value
325.000
825,000
625,000
Taxable Value
8221,686
$208,874
$188.555
City
Exampson Value
8100,000
8100,000
8100,000
Taxable Niue
ses,690
873,924
$60,393
Regional
Exemption Vebn
850,000
850,000
$50,000
Taxable Value
1138,890
6123,924, $110.393
Sala, Information
Previous
Sale
Peace
OR Book -
Peps
QWBulun Description
10/1320/7
8100
30786-
3250
Corrective, tax or OCD; min consideration
08/01/2002
so
20585-
4993
Sales which re disquaf6ed es a mug of
examination ot the deed
The Olio of Be Preps App.Wr 4 maw* eking and uprising M wir rel. This *slake they not read Fa most arrow hlowslion on Neon The PreperyAppnlr
and Meng -Dale Cant saunas no lability. see lull dadshnr arid U.r AParnanl t http'JAvw.mlanMsd..gevmMiddmr asp
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
7/3/2019 Property Search Application - Miami -Dade County
OFFICE OF THE PROPERTY APPRAISER
Summary Report
Property Information
Foam
01-3124-020-1090
Property Address:
Owner
37 NW42 ST
Miami. FL 331274856
PROSPERO MUNGUTA SW DARINA
Mailing Address
37 NW 42 ST
MIAMI. FL 33127-2856
PA Primary Zone
0104 SINGLE FAM-ANCILLARY
UNIT
Primary Land Use
0101 RESIDENTIAL - SINGLE
FAMILY: 1 UNIT
Beds / Baths/He
2/1/0
Floors
Living Units
Actual Ante
1,325 SO.Ft
Livia. Ante
1,125 Sq.Ft
Adjusted Area
1,225 SO.Fl
Lot She
7,200 SO.Fl
Year Built
Multiple (See Building Info.)
Assessment Information
Year
2019
2018
2017
Land Value
S1113,542
8163,877
$133,084
Building Value
L55,452
355.463
355,515
XF Value
S9.192
$9,311
89.430
Market Value
8248,188
8228,671
$198,029
Assessed Value
V15,408
$44.552
843,646
Benefits Information
Benefit
Typo
2019
2018
2017
Lave our Homes
Cap
Aseoa9mem
Redu lion
9202,778
$184,109
8154,383
Homestead
Exemption
625,000
325,000
825,000
Second Homestead
E0-lan
80
80
S0
Note: Not all benefits an eppbeble le all Taxable Veluea (e. County, School
Board, City. Regional).
Short Legal Damnation
BUENA VISTA HOTS ADD MID PL
PB 3-22
LOT 5 BLK 6
LOT SIZE SITE VALUE
OR 10883-1219 0980 1
Taxable Value Inforrrrstion
20.191
County
2018r 2017
Exempbon Value
$25,000
$25.000
325,000
Taxable Value
$20,408
819,562
618,646
School Board
Exemption Value
$25,000
825,000
$25,000
T 61s Value
820,408
819,562
818,546
Clly
Exemption Value
825,000
$25,000
825,000
Taxable Value
$20,408
819,562
$18,646
Regional
Exemption Value
825,000
325,000
925,000
Taxable Value
820,408
319,562
818,646
Sales Mdormatton
Preview Sale
Price
OR Book -Papa
QtWMatim Description
OBb1n980
$26,500
10883-1219
Sales which an 0uauled
TheOBo of 5r Pmpery Apprerr8ev6ndly dear ned marine ihe tax rot Tr riebebr / net ream Ile mat current Womrssn on mord TM Properly Appreber
and MW1FDade Craft assertsroeetinly. see VW demYeer end Ueer0peernet Ih8p'i 01erriddeaoMnbftwir peep
Verde[
Submitted into the public
record for item(s)pZ_5
on 10/24/2019 City Clerk
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
7.1.1.5 City Commission The City Commission, in addition to its duties and obligations under the City
Charter, the City Code, and other applicable law, shall have the following duties specifically in regard to
the Miami 21 Code: a. To approve, deny or approve with conditions applications for developments of
regional impact pursuant to Chapter 380, Florida Statutes. b. To consider and act upon proposed
amendments, including rezoning, to the Miami 21 Code, after consideration of the recommendation by
the Planning, Zoning and Appeals Board. c. To consider and act upon proposed Special Area Plans, after
consideration of the recommendation by the Planning, Zoning and Appeals Board. d. To consider and act
upon proposed amendments to the Comprehensive Plan which relate to the Miami 21 Code, after
consideration of the recommendation by the Planning, Zoning and Appeals Board. e. To hear appeals of
the ruling of the Planning, Zoning and Appeals Board on the appeal of a zoning interpretation, Certificate
of Use denial or revocation, planning determination of Use, Warrant, Variance or Exception. f. To consider
and adopt ordinances, regulations and other proposals as it deems appropriate for promoting orderly
development within the areas of the city that are regulated by the Miami 21 Code. g. To establish a
schedule of fees and charges for the applications made pursuant to the Miami 21 Code. h. To appoint
members to the Planning, Zoning and Appeals Board, as set forward in this Miami 21 Code. i. To hear
appeals from the Planning and Zoning Appeals Board in connection with decisions on a Variance or
Exception, or any appeals of any administrative decision on a Waiver or Warrant application, or any other
administrative decision or determination made in connection with a proposed Affordable Housing
Development qualifying under Section 3.15. Such appeals shall be specially set for the first available City
Commission hearing that is at least fifteen (15) days after the Planning, Zoning and Appeals Board hearing.
7.1.2.6 Exception
d. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall
be de novo applying the Exception criteria in this Code and taken to the City Commission, pursuant to
section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification
of the appeal shall be provided by the City in the same manner as provided for the original application in
section 7.1.2.6.c. of this Code. The filing of the appeal shall state the specific reasons for such appeal,
together with payment of any required fee. The appeal may be filed only by the applicant or any person
who is aggrieved by the action of the Planning, Zoning and Appeals Board.
7.1.5 Appeals Appeals to the appropriate appellate body from the following decisions shall be made as
follows: a. Fifteen (15) days from the posting on the city website of the decision of the Zoning
Administrator on an application for zoning interpretation or Waiver, and fifteen (15) days from the denial
or revocation of a Certificate of Use: to the Planning, Zoning and Appeals Board. b. Fifteen (15) days from
the posting on the city website of the decision of the Planning Director on a Warrant or planning
determination: to the Planning, Zoning and Appeals Board. c. Fifteen (15) days from the decision of the
Planning, Zoning, and Appeals Board on an Exception or a Variance: to the City Commission. d. Fifteen
(15) days from the decision of the Planning, Zoning and Appeals Board on a zoning interpretation appeal,
denial or revocation of a Certificate of Use appeal, planning determination appeal or Warrant appeal: to
the City Commission.
e. Thirty (30) days from the appellate decision of the City Commission on a zoning interpretation appeal,
denial or revocation of a Certificate of Use appeal, planning determination appeal, Warrant appeal,
Variance appeal or Exception appeal: to the circuit court of the eleventh judicial circuit in the manner set
forth in the rules of the court. f. Thirty (30) days from the decision of the City Commission on a code
amendment: to the circuit court of the eleventh judicial circuit in the manner set forth in the rules of the
court.
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
W. TUCKER G1BBS, P.A.
ATTORNEY AT LAW
P.O. BOX 1050
COCONUT GROVE FL 33133
TELEPHONE (305) 448-8486
FACSIMILE (305) 448-0773
tucker@wtgibbs.com
October 29, 2013
Anel Rodriguez, Executive Secretary
Hearing Boards Division
City of Miami Planning Department
444 S.W. 2d Avenue, Third Floor
Miami, Florida 33130
prnvro
1T1 r711 r
13 OCT 29 NI 12: 5'
VIA HAND DELIVERY
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Re: Appeal of PZAB Decision to Grant Appeal and Deny
Warrant No. 13-0033
Dear Mr. Rodriguez:
I represent Agave Acquisitions, which sought and
obtained Warrant No. 13-0033 (attached as Exhibit "A")to
allow outdoor seating on its property at 2601 South Bayshore
Drive within the T-6 transect. The adjoining property owner,
the Grovenor House Condominium Association, also located in
the T-6 transect, filed an appeal of the warrant on July 5,
2013(attached as Exhibit "B"). On October 16, 2013 the City
of Miami Planning and Zoning Advisory Board ("PZAB") voted
to grant that appeal and deny the warrant (attached as
Exhibit "C").
Through this letter Agave Acquisition hereby appeals
the decision of the PZAB to grant the appeal and to deny the
warrant notice of appeal pursuant to Article 7, section
7.1.2.4 of the Miami 21 zoning code.
The grounds for this appeal are as follows:
1. The PZAB failed to correctly apply the review criteria
set forth in Article 7, section 7.1.2.4(d) of Miami 21
when it determined that the planning director failed to
apply those standards when he issued the warrant.
According to Article 7, section 7.1.2.4(d) the planning
director when he evaluated the application for the warrant
shall review the warrant application for compliance with the
APPEALS CHECKLIST
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearing boards
Reviewer Name Review Date
3637 Corp. Inc. Alan S. Krischer, Holland & Knight 305-789-7758
Applicant Name Contact Information
2567 NW 36th Street
Project Name and Address
O WAIVER / 0 WARRANT PERMIT APPEAL:
❑ Yes ❑ No
❑ Yes ❑ No ❑ N/A
❑ Yes ❑ No ❑ N/A
❑ 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 indicating Waiver (Class I) / Warrant (Class II) number
Certified list of adjacent owners within 500 feet
All other pertinent documents, such as a copy of Final Decision and Disclosure to
Support or Withhold Objection
Paid receipt
❑ HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPEAL:
❑ Yes 0 No Is it within the 15-day appeal period? If No, return materials. If Yes:
❑ Yes 0 No ❑ N/A Proof of Lobbyist Registration
❑ Yes 0 No ❑ N/A Letter of Intent indicating HEPB Resolution number
❑ Yes 0 No ❑ N/A Certified list of adjacent owners within 500 feet
❑ Yes 0 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):
Is it within the 15-day appeal period? If No, return materials. If Yes:
Proof of Lobbyist Registration
Letter of Intent indicating PZAB Resolution number
All other pertinent documents, such as Disclosure to Support or Withhold
Objection
❑ Yes ❑ No ❑ N/A Paid receipt
❑ Yes ❑No
❑ Yes ❑No
❑ Yes ❑ No
❑ Yes ❑ No
■ ZONING ADM.
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑No
❑ N/A
❑ N/A
❑ N/A
INTERPRETATION/PLANNING DIR. DETERMINATION APPEAL (Circle one):
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
❑ N/A
❑ N/A
❑ N/A
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
October 22, 2013
Page 2
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Miami 21 zoning code. This review requires that the director
consider the intent of the transect, the "guiding
principles" of Miami 21, and the manner in which the
proposed use will operate in relation to any "less intense
uses." Furthermore, the director shall apply the design
review criteria in Article 4, Table 12 "as applicable."
Intent of the Transect: Section 6.3.2 of Miami 21
clearly states that outdoor seating is permitted by
warrant in the T-6 transect. The T-6 transect includes
the highest density and the greatest variety of uses
permitted under Miami 21. Uses include entertainment
establishments, restaurants and general commercial.
There is no provision in Miami 21 that states that an
outdoor cafe is an inappropriate use in the T-6
transect.
Guiding Principles of Miami 21: Among the concepts that
define Miami 21 are the importance of mixed -use
development in the T-4 through T-6 transects and the
importance of pedestrian -friendly development in
virtually all transects. Outdoor dining in the T-6
transect is a permitted use by warrant that furthers
these guiding principles of Miami 21.
Manner of Operation of the Proposed Use: Outdoor dining
and other uses in the T-6 transect must respect their
neighbors. And the proposed cafe is designed to provide
such protections. The cafe is situated as far from the
adjoining high-rise condominium as possible. The
closest residential unit is over 100 feet from the
closest portion of the proposed outdoor seating area.
There is a lush buffer of planting along both sides of
the property line between the Agave property and the
adjacent condominium. There will be no amplified music
in the cafe. In addition to the protections provided by
the owner of the property, the city's noise ordinance
prohibits "plainly audible" noise or music at a
distance of 100 feet and no music between the hours of
11 p.m. and 7 a.m.
Therefore, the PZAB failed to apply correctly the warrant
review standards set forth in Article 7 and its denial of
the warrant should be rejected by the city commission.
October 22, 2013
Page 3
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
2. When the PZAB made its decision it failed to rely on
the only competent substantial evidence in the record:
the city's professional staff report and recommendation
(attached as Exhibit "D").
Florida law requires that all decisions of a quasi-
judicial board or commission be supported by competent
substantial evidence. Additionally, Florida law recognizes a
city's professional staff report as competent substantial
evidence. Therefore, in the absence of any contrary
competent substantial evidence, the board must base its
decision on the city's professional staff's evaluation and
recommendation as presented in the staff report. The PZAB
failed to do this when it granted the appeal and denied the
warrant.
Therefore, appellant Agave Acquisitions through its
undersigned attorney, appeals the decision of the City of
Miami Planning and Zoning Appeals Board that denied the
approval of Warrant No. 13-0033.
Furthermore, appellant Agave Acquisitions reserves its
right to supplement this appeal letter with briefs or
memoranda prior to city commission consideration of this
appeal.
Sincerely,
4,2„
W. Tucker bbs
enclosures
CC:
Brian Gitlin
Francisco Garcia, Planning Director
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
4i: - -�,, �, y� AL DECISION File No.13.0J033
�: r a'��`y n ,�C9e:propartitsi.
(tFj o i'`fucket
*�f`�2"B01';t3aystiore Dr
i „4. 7. Miami, Ft1 33;i3
,t. INCORP6OHATEII F 1
t 4 FigRf ancisco JiGarciarprectar.-----
,�}, \t%r)' Planning $Zotiyr�a{Pariment
J, - . N., lr4 y •S_, ..Y . _ p
. PCE��SE T QTICE• AT A'J AECIS;ON HAS BEEN REACHED ON THE FOLLowilio MATTER.:,_
Title: Outdoor Seating (Outdoor Cafe)
Address: 2601 S Bayshore Dr., NE Coconut Grove
Final Decision:
Q Approval
❑ Approval with conditions
❑ Denial
AID
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for a Warrant pursuant to Article 6, Section 6.3.2, of the
Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida, This Section
states explicitly that a Warrant shall be required for'outdoor dining area and the display and sale
of items from vending carts.
_.___Pursuant to_ Section-7:1,3.4 of the -above -cited Zoning Ordinance; -the Pianning'Departn etrhas
made referrals to the following Departments and Boards
• Office of Zoning
• NE Coconut Grove NET Office, Neighborhood Enhancement Team
Their comments and recommendations have been duly considered during the review of this final
decision. In reviewing this application, pursuant to Section 7.1.2.4 (d) of the Zoning Ordinance,
the following findings have been made:
FINDINGS
• Applicant is proposing an outdoor seating area for an outdoor cote.
• The proposed outdoor dining area consists of 31 tables with 72 seats.
File No. t3-s 23
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
• The proposed location for the outdoor dining area will be on the southwest side of the property
within private property.
The proposed outdoor dining area has been designed effectively not to disrupt the safe flow of
pedestrians on the pedestrian walkway.
• The proposed planters and furniture shall be removable and capable of being stored safe and
secure in the event of severe weather conditions.
• Pursuant to Sec. 7.1.2.4 (d) of the t,Aiami 21 Code, the City of Miami Zoning Ordinance, the
application has been reviewed and found sufficient.
Based on-the._abovefindings and the.considered advice of the officers and agencies consulted on
this matter and pursuant to Section 7.1.1.2 of the Miami 21 Code, the subject application is
hereby approver subjeette-the-plans-andsupptementay materials.suben'stted=by-theapplicant on--------ry•----
file with the of Planning. Department.
NOTICE
S___
- The>final-decision-of=the-Director=may>be-appealed to -the -Planning; Zoningrand-Appeals---
... ..... ,,,- .._.._R2ard by,an.Y _a99riexeCLI:5�4:-kthiftti.9 r1(15). laY.4 of ttaestate.:of, Bsikeace_lby_fil'ung.a__.
written appeal and app .dpriate fe$ with the Office of Hearing Boards, located at 444 SW 2nd
Ave., 3rd Floor, Mian ', FL 33130.'Telephone number (305) 416-2030
Signature
Francisco 'Garcia, Director
oning Department
Date ^-2! /3
iticifig ,.a"
SiegMed • RJu HijI11I1 • LON
EJE HIE • "ass • SIIJIiN
SR H L- L A W. c o M
SHARI WAD GARRETT
I:Afefil•'PPrth M111 •I A\t.r.U](
July 5, 2013
Via Hand Deliver)!
City of Miami Planning and Zoning Department
Planning and Zoning Appeals Board
Attn: Francisco J. Garcia, Director
Office of Hearing Boards
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
REPLY TO CORAL GABLES OFFICE
RE: 2601 S. BA;FSHORE DRIVE, NORTHEAST COCONUT GROVE
APPLICANT: AGAVE ACQUISITIONS
GROVENOR HOUSE CONDOMINIUM ASSOCIATION, INC.
WARRANT APPEAL -WARRANT NO.: 2013-0033
Dear Mr. Garcia,
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The undersigned represents the interests of Grovenor House Condominium Association,
Inc. (hereinafter "Grovenor House"). Grovenor House is located at 2627 South Bayshore Drive,
Miami, Florida 33133. Grovenor House is an abutting property owner. This communication
serves as Grovenor House's written appeal to the Hearing Board advising that it objects to the
subject Warrant (a copy of which is attached) based upon the following grounds:
• The outdoor dining area will result in excessive noise to neighboring owners;
• The outdoor dining area will result in a nuisance, including but not limited to noise,
which will interfere with neighboring owners' peaceful possession of their property;
• The outdoor dining area will create increased pedestrian traffic to the detriment of
neighboring property owners.
201 Alhambra Circle Eleventh Floor Coral Gables, Florida 33134
Miami -Dade: 30..442.3334 Fax: 305.443.3292 Toll Free: 800.737.1390
Francisco J. Garcia, Director
July 5, 2013
Page 2
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Accordingly, Grovenor House requests that the Hearing Board reevaluate the subject
Warrant, in light of the above objections. Should you have any further questions, please contact
the undersigned.
Very truly yours,
SIEGFRIED, RIVERA, HYMAN, LERNER
DE LA TORRE, MARS & SOBEL, P.A.
SHARI WALD GARRETT, ESQ.
For the firm
Enclosures
11:\L1 BRARI'ICAS ES•,711 6,213 0802\27U 7514. DOCX
,.M.
Arr
ai i P =To Agave Properties
b-4 c/o W:Tucker Gibbs
260i S. Bayshore Dry r
Miami, FL 3313
F=;
From= EFrancisco J:Garcia,Director
' ` = & � �, Planning Zoning Department
, ) •••PLEASE TAKE NOTICE 'HAT A FINACDECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: Outdoor Seating (Outdoor Cafe)
Address: 2601 S Bayshore Dr., NE Coconut Grove
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
File No.13-0033
Final Decision:
El Approval
❑ Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for a Warrant pursuant to Article 6, Section 6.3.2, of the
Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida. This Section
states explicitly that a Warrant shall be required for outdoor dining area and the display and sale
of items from vending carts.
Pursuant to Section 7.1.3.4 of the above -cited Zoning Ordinance, the Planning Department has
made referrals to the following Departments and Boards
• Office of Zoning
• NE Coconut Grove NET Office, Neighborhood Enhancement Team
Their comments and recommendations have been duly considered during the review of this final
decision. In reviewing this application, pursuant to Section 7.1.2.4 (d) of the Zoning Ordinance,
the following findings have been made:
FINDINGS
• Applicant is proposing an outdoor seating area for an outdoor cafe.
• The proposed outdoor dining area consists of 31 tables with 72 seats.
File No.13-0033
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
• The proposed location for the outdoor dining area will be on the southwest side of the property
within private property.
• The proposed outdoor dining area has been designed effectively not to disrupt the safe flow of
pedestrians on the pedestrian walkway.
• The proposed planters and furniture shall be removable and capable of being stored safe and
secure in the event of severe weather conditions.
• Pursuant to Sec. 7.1.2.4 (d) of the Miami 21 Code, the City of Miami Zoning Ordinance, the
application has been reviewed and found sufficient.
Based on the above findings and the considered advice of the officers and agencies consulted on
this matter and pursuant to Section 7.1.1.2 of the Miami 21 Code, the subject application is
hereby approved subject to the plans and supplementary materials submitted by the applicant on
file with the of Planning Department.
NOTICE
The final decision of the Director may be appealed to the Planning, Zoning, and Appeals
Board by any aggrieved arty, within fifteen (15) days of the date of issuance by filing a
written appeal and ap priate ee with the Office of Hearing Boards, located at 444 SW 2n0
Ave., 3rd Floor, Miami, FL 3313 ' . Telephone number (305) 416-2030
Signature
Francisc.1� - arcia, rector
Plannin• : Zoning Department
Date 6 2/_/3
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
eKierf uL��
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-13-056
File ID 13-00829wt October 16, 2013 Item PZAB.8
Mr. Chris Collins offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD GRANTING
THE APPEAL, THEREBY DENYING THE WARRANT SPECIAL PERMIT APPLICATION 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, LEGALLY
DESCRIBED IN ATTACHED "EXHIBIT A".
Upon being seconded by Ms. Jennifer Ocana Barnes, the motion passed and was adopted by a
vote of 7-0:
Ms. Jennifer Ocana Barnes Yes
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Absent
Ms. Maria Beatriz Gutierrez Absent
Mr. Ernest Martin Absent
Mr. Daniel Milian Yes
Mr. Juvenal Piria Absent
Ms. Janice I. Tarbert Yes
Ms. Melody L. Torrens Yes
Mr. David H. Young Absent
Francisco Ga pia, Director
Planning and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and "Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 1� DAY OF () CA-B , 2013. ,
Notary Pu61ic State of`Florida
I/Cy-No 3se rt✓`°_I ;!I-o
Print Notary Name
Personally know of or Produced i.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath ,,7c
My Commission Expires:
VANESSA TRUJILLO
*, ru
EXPIRES: Jury 11, 2015
`1
MY COMMISSION A EE 105250
At :\� Bonded Thai Notary Pubk Underwriters
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
EXHIBIT "A"
Legal Description
Folio No.: 01-4122-031-0010
KRA Tower Office Condominium Unit 100, as described in the
Declaration of KRA Tower Office Condominium recorded in Official
Records Book 24557, Page 1364 of the Public Records of Miami -
Dade County, Florida and as set forth in the Special Warranty
Deed recorded in Official Records Book 27558, Page 2624 of the
Public Records of Miami -Dade County, Florida.
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID:
Title:
Location:
Appellant:
Applicant:
Purpose:
Planning and Zoning
Department
Recommendation:
Analysis:
Planning, Zoning and
Appeals Board:
13-00829wt Quasi -Judicial
PZAB.8
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL,
THEREBY APPROVING WITH CONDITIONS OR DENYING, THE WARRANT
SPECIAL PERMIT APPLICATION 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.
Approximately 2601 S Bayshore Drive [Commissioner Marc David Sarnoff -
District 2]
Marc Smiley, Esquire, on behalf of Stanley Barnett and Rudolph Roseborough
(Grovenor House Condominium Association, Inc.), Adjacent Property Owners
201 Alhambra Circle, 11th Floor
Coral Gables, FL 33134
(305)442-3334
Tucker Gibbs, Esquire, on behalf of Agave Acquisitions, LLC
P.O. Box 1050
Miami, FL 33133
(305) 448-8446
The approval of this appeal will not allow an outdoor dining area for an outdoor
cafe.
Recommends approval of the Warrant and denial of the appeal.
See supporting documentation.
October 16, 2013
ex Hair "P"
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Holland & Knight
701 Brickell Avenue, Suite 3300 i Miami, FL 33131 i T 305.374.8500 ( F 305.789.7799
Holland & Knight LLP i 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
_.1
Alan S. Krischer
305.789.7758
alan.krischer@hklaw.com
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
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 i 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 i Washington, D.C. i West Palm Beach
March 30, 2017
Page 2
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
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 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 the property, and issued a
Certificate of Completion for the proposed Supper club on June 2016.
March 30, 2017
Page 3
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
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,
HOLL &£NIGHT LLP
;•—•
lancher
Enclosures
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
law
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: 6/7/2017
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.' c. Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Execution Da I
obri
Personally appeared before me, the undersigned authority, (\ Q 2L11^-1 ora , Clerk of the
Office of Hearing Boards of the City of Miami, Florida, and acknowleds that he/she executed the foregoing
Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS I DAY OF —)Ur'1{_,_—_ 2017.
�t11 tG Gorizalez
Print Notary Name
Personally known or Produced I.D.
My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
ate of Florida
F:el' SILVIAGONZALEZ
siR ,ins MY COMMISSION # SG 051561
. ,..`.. EXPIRES: Novemt,ar30,2020
,;o,. !:,„ Bonded Thru Notary PuWlc UndenMtera
Holland & Knight
701 Brickell Avenue, Suite 3300 I Miami, FL 33131 j T 305.374.8500 I F 305.789.7799
Holland & Knight LLP I www.hklaw.com
March 31, 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
Alan S. Krischer
305.789.7758
alan.krischerrhklaw.com
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Re: 3637 Corp. Inc. / 2657 NW 36th Street, Miami, Florida / Appeal of Denial
Certificate of Use
Dear Sir or Madam,
i17
N
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/Tavem" 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 located at 2657 NW 36th Street (the "Property"),
which has been used for years as an Adult Entertaixunent 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 I Bethesda I Boston I Chicago 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 I Washington, D.C. I West Palm Beach
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
March31, 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 look 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
conunitments 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
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
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
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 $800.00 for the appeal fee as well as
copies of the documents described above.
Should you have any questions regarding the foregoing, please do not hesitate to contact
me at (305) 789-7758 or email me at alan.krischer@hldaw.com.
Respectfully submitted by,
HOL• L• 'ID & KNIGHT LLP
Alan S. Krischer
Enclosures`
cc: Mr. James Fulford
Javier E. Fernandez, Esq.
Eric L. Ray, Esq.
Titu vff 4$li�tm
i
James D. Fulford
President
TigerSharkRealty Inc.
2657 NW 36 Street
Miami, FL 33162
Dear Mr. Fulford,
Submitted into the public
record for item(s) PZ.5
on 10/24/2019 , City Clerk
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 on 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 4COP 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, Floi ida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
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 forthe 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 Tess 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 Code, 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.
"(o) The zoning administrator may deny the issuance or renewal of a certificate of use for good
cause. "
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
In conclusion, the Office of Zoning has determined that it will not issue a Certificate of Use for a 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
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
•Prx
Miami Zoning
Resolution No,: ZB
Monday, June 8,
oard
R-99-0435
008
5 Alb. ridVBS
111111111111111111111111111111111111111111111
GFI•i 2QQ5rR047i*83
OR 8k 26921 Pss 4?V3 — +SOOT t3oasl
RECORDED O6/30/2009 10:0350
HARVEY RUM, CLERK OF COURT
ntAni-alux COUNTY, FLORIDA
Mr. Cornelius Shiver offered the following resoi
Resolution:
AFTER CONSIDERING THE FACTORS SET FO
11000, THE MIAMI ZONING BOARD GRANTE
LISTED IN ORDINANCE NO. 11000, AS AMEND
THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
USES OF C-1 RESTRICTED COMMERCIA
EAR/SUPPER CLUB ESTABUSHMENT OF APP
OF FLOOR AREA IN AN EXISTING BUILDING OF
FEET OF COMMERCIAL SPACE, FOR
APPROXIMATELY 2657 NORTHWEST 36TH S
EXHIBIT 'A' (HEREBY ATTACHED), PUBLIC RE
FLORIDA; ZONED C-2 LIBERAL COMMERCIAL.
GRANTED PER PLANS ON FILE WITH A TIME Li
WHICH A BUILDING PERMIT MUST BE OBTAI
CONDITIONS BY THE PLANNING DEPARTMEN
EXCEPTION SHALL RUN WITH THIS OPERA
DIFFERENT OPERATOR SHALL REQUIRE A S=
SIGNAOE DETAILS FOR THE PROJECT SHALL
DEPARTMENT FOR REVIEW AND APPROV
ESTABLISHMENT TO HAVE SECURITY AND OP
Upon being seconded by Mr. Miguel Gebela,
the motion was passed and adopted by the loci
W. Bra Berin
Mr. Ron Conlon
Mr. Chariot A. Gar&vaQl4
Ma. Deana Hernandez-Acmit
Mr, isxa o Lopez
Mr. Juvtnat,l Pup
Mr. Cornelius Shiver
Mr. R herd Tepee
Mr, Angel thqulola
AAr. Miguel Oabela
AYE:
NAY:
ABSYSNTIONB:
NO VMS:
ABSENT:
Ms. Fernandez: Motion carries 4-3
on and moved its adoption
TH IN ZONING ORDINANCE NO.
THE SPECIAL EXCEPTION AS
D, THE ZONING ORDINANCE OF
NDER CONDITIONAL PRINCIPAL
DISTRICT(7), TO ALLOW A
�XIMATELY 5,256 SQUARE FEET
-PROXIMATELY 12,588 SQUARE
E PROPERTY LOCATED AT
EEC, LEGALLY DESCRIBED AS
ORDS OF MIAMI-DADE COUNTY,
THIS SPECIAL EXCEPTION WAS
ITATION OF TWELVE MONTHS IN
�, SUBJECT TO THE FOLLOWING
1) APPROVAL OF THIS SPECIAL
R ONLY; ANY CHANGES TO A
ARATE SPECIAL EXCEPTION; 2)
E SUBMITTED TO THE PLANNING
BY SEPARATE PERMIT AND 3)
RATE WffH PERMITTED USE.
wing vote:
Away
No
Yes
Away
Yee
No
Yes
No
Away
Yes
4
3
0
0
3
Te ita
Hearing Boards
. Fernandez, Executive Sec
File ID#: 09-00399x
Z.5
5
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
Miami Zoning oard
Resolution No.: ZB--09-0035
Monday. June 8, 23009
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned au horlty, Teresita L. Fernandez, Clerk
of the Zoning Board of the City of Miami, Florida, acknowledges that she executed
the foregoing Resolution for a Special Exception req est,
SWORN AND SUBSCRIBED BEFORE ME THIS 2 DAY OF 5l)fx' , 2009.
Print Notary Name
Personalty umnber ofD pt Produced ID.Type end ,.
Old take en oath or Old rot We art oath
Votary Public State of Florida
4 y Commission Expire*:
Y1M693i CasZi
-y.jtirr
fNCOMESION
yi l>0851*1*
eeudVrAEall4 ,2011 •
_ 4 _
Fite ID#: 09-00389x
Z5
s
0a�
Miami Zoning
Resolution No.: Z
Monday, May 10,
Ms. Hemandez-Acosta offered the following resolutlo
Resolution:
AFTER CONSIDERING THE FACTORS SET FOR
THE ZONING BOARD APPROVED THE EXTE
EXCEPTION GRANTED BY THE 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 EXISTI
12,586 SQUARE FEET OF COMMERCIAL SP
DISTRICT), FOR THE PROPERTY LOCATED AT
38TFI STREET, MIAMI, FLORIDA. LEGALLY DE
ATTACHED), PUBLIC RECORDS OF MIAMI-D
LIBERAL COMMERCIAL.
Upon being seconded by Mr: Charlas Garavagfa,
the motlon was passed and adopted by the followE
ter. Bret Bfulln
Mr, Ron Cordon
Mr. Gauls* A Garavagaa
Ma. Siam Harnandez•At osta
Mr. Laziro Lops:
Mr. Juvenal A MU
Mr Comets Shaver
Mr. Angel Urqukala
AYE
NAY:
ABSTENTIONS.
NO VOTES:
ABSENT.
Motion carries 5-0.
Submitted into the public
record for item(s)_ PZ.5
on 10/24/2019 , City Clerk
11111111111111111111111111111111111111111111
CFN 2O1OR17423773
DR Bk 27327 Pss 4434 - 44361 (Ins)
RECORDEP 06/23/2010 12114t56
HARVEY RWVIH, c&.K Dr CST
MIAMI-DADE MONTY, FLORIDA
oard
-10-024
0'I0
and moved its adoption
IN ZONING ORDINANCE NO. 11000,
SION OF TIME FOR A SPECIAL
N JUNE 8, 2009, RESOLUTION NO.
CE NO. 11000, AS AMENDED, THE
T1CLE 4, SECTION 401, UNDER
ICTED COMMERCIAL DISTRICT(7),
ENT OF APPROXIMATELY 5,258
G BUILDING OF APPROXIMATELY
E CC-2" LIBERAL COMMERCIAL
PROXIMATELY 2657 NORTHWEST
RIBED AS EXHIBIT "A' (HEREBY
COUNTY, FLORIDA: ZONED 'C-2"
e:
Away
Away
Yes
Yes
Yes
Yes
Away
Yes
a
0
0
0
3•
•
Anel • • . riguez
Hearing Boards
File ID#: 09-00399t
Z.4
0-)
„to\
4.01
Miami Zoning oard
Resolution No..: Z ..R-10-024
Monday, May 10, OW
Submitted into the public
record for item(s) PZ.5 .
on 10/24/2019 , City Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF NAM-DADE )
Personally appeared before me, the undersigned atrthorify, Anal Rodriguez, Clerk of the
Zoning Board of the City of Miami, Florida, and acknowledges that he executed the
foregoing Resolution for an Extension of lime request.
SWORN AND SUBSCRIBED BEFORE ME THIS e5 l DAY OF ! VA 2010.
fiheAt=,...9b41 iy�s
Print Notary Name /
Persona9y know / or Produced 1.0.
Type end number or t.0, produces!
Did take an oath or Did not fake an oat -
NotaPublic State of Florida
My Commission E ptree:
File 1D#: 09-00399xt
Z.4