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Home My WebLink AboutPZAB-R-22-045 Signed ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-22-045 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 12500 Final Action Date: 9/21/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD ("PZAB") WITH ATTACHMENT(S), GRANTING AN APPEAL FILED BY BACKLOT 305 LLC OF THE ZONING ADMINISTRATOR'S REVOCATION OF CERTIFICATE OF USE NO. 1702-000264 ON JUNE 21, 2022, PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE," FOR THE PROPERTY LOCATED AT APPROXIMATELY 2007 SW 8 ST, MIAMI, FLORIDA. WHEREAS, on October 01, 2021, the City of Miami's Unsafe Structures Panel ("Panel") determined the structure or structures at approximately 2007 SW 8 St ("Property") to be unsafe, as indicated in the letter attached and incorporated as Exhibit "A"; and WHEREAS, on June 21, 2022, pursuant to Section 2-211(b)(5) of the Code of the City of Miami, Florida, as amended, ("City Code"), the Zoning Administrator revoked Certificate of Use No. 1702-000264, issued to Backlot 305 LLC, ("Appellant") for the Property, as indicated in the letter attached and incorporated as Exhibit "B"; and WHEREAS, on July 06, 2022, Sasha Torres, on behalf of the Appellant, filed an appeal of the Certificate of Use revocation with the Office of Hearing Boards; and WHEREAS, Section 2-211(b)(7) of the City Code states that the Zoning Administrator shall revoke a Certificate of Use for "a violation of chapter 10 of the City Code ..."; and WHEREAS, the Panel's order shows that the structure on the Property is in violation of Chapter 10 of the City Code; 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 substantial evidence in the record to grant the appeal of the revocation of Certificate of Use No. 1702-000264 for the Property filed by the Appellant; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 12500 (Revision:) Printed On: 9/29/2022 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 Planning, Zoning, and Appeals Board ("PZAB") hereby grants the appeal of the revocation of the Certificate of Use. 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. Reviewed and Approved: City of Miami Page 2 of 2 File ID: 12500 (Revision:) Printed On: 9/29/2022 City of Miami 444 SW 2nd Avenue Miami, FL33133 City of Miami ORDER OF THE UNSAFE STRUCTURES PANEL FOR FULL INFORMATION CONCERNING THE DECISION ORDER, PLEASE READ THIS DOCUMENT IN ITS ENTIRETY File Number: 16-02837 Final Action: 10101/2021 Owner's Name: CEEPORT GROUP, LLC Owner's Mailing Address: 2007 SW 8 STREET, MIAMI, FL 33135 Case #: BB2021012983 RE: 2007 SW 8 ST Folio Number: 01-4103-016-0680 Legal Description: LOT 18, BLOCK 7, WEST SHENANDOAH, PLAT BOOK 9, PAGE 130, MIAMI-DADE COUNTY, FL The City of Miami's Unsafe Structures Panel Decision, at its meeting on OCTOBER 1st, 2021 for Structure "A" (1-STORY, CBS, NIGHTCLUB/RESTAURANT/BAR BUILDING): Structure 'A': Repair or Demolish Unsafe Structure within 180 days PLANS: Building plans must be developed for all work and for all repairs or items needing to be completed or legalized. Plans shall be prepared by a Registered Architect or a Professional Engineer or as permitted by the Florida Building Code, as amended, and shall be Signed and Sealed, (or Stamped) by the Design Professional. When plans are required, they shall be submitted FIRST to the Unsafe Structures/Code Compliance Section for approval. Plans shall be prepared and submitted for approval to the City of Miami Building Department within 30 days from today's date. All property surveys submitted to this Section for the purpose of obtaining permits shall be current, shall furthermore be Signed and Sealed and shalt show all pertinent and required Elevations. (Note: A property survey is required for total demolition permits.) BUILDING PERMITS: Structure 'A': Permits shall be obtained within 90 days from today's date Building Permits must be obtained after the construction plans have been approved by the Building Department for all Structures shown above and for all Disciplines requiring permits. Permits shall also be obtained for all required Trade sub -categories, as required by the Florida Building Code, Miami -Dade County Code and the City of Miami Code. The permits obtained shall cover all repairs or items needing to be completed and legalized . IF ANY OF THE ABOVE STIPULATION(S) ARE NOT COMPLIED WITH, SAID STRUCTURE(S) SHALL BE DEMOLISHED BY THE CITY OF MIAMI AS SOON AS POSSIBLE. The City of Miami Unsafe Structures Panel also ordered that, if compliance is not obtained City of Miami Page 1 Printed on 10/1/21 Case # : BB2021012983 - Owner's Name: CEEPORT GROUP LLC within the time periods stipulated above, then the Building Official is further instructed to proceed in accordance with Chapter 10, Article VI of the City of Miami Code. There will be no further notices or communication from the City of Miami Unsafe Structures Panel regarding this case, This document may be recorded by the Building Official with the Public Records of Miami -Dade County. This recordinra will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the City of Miami Unsafe Structures Appeal Panel on the above referenced property in that the property in question is an Unsafe Structure and cannot be occupied until the Violation(s) are cured. Any costs associated with this case and this hearing shall be declared a special assessment pursuant to Chapter 10, Article VI of the City of Miami Code and Chapter 8-5 of the Miami -Dade County Code. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure will be disconnected and will remain disconnected until the Violation(s) has been fully cured. Permits for the structure(s) located at the above address must be obtained from the City of Miami Building Department - 444 SW 2 Avenue, (4th floor), Miami, FL. 33130. The City of Miami Unsafe Structures Panel is Quasi -Judicial, The decision and specified compliance date(s) are final and binding. Any owner or interested party, as defined by Section 10-101 of the City Code aggrieved by a decision of the City of Miami Unsafe Structures Panel may seek judicial review of that decision in accordance with the Florida Rules of Appellate Procedure. INTERESTED PARTIES: Known Interested Parties for Case No,: BB2021012983 As of date (OCTOBER 1st, 2021): BLUESTONE COMMUNITY DEVELOPMENT FUND 37 WEST AVENUE, SUITE 301 WAYNE, PA 19087 THE CORPORATION TRUST COMPANY BLUESTONE COMMUNITY DEVELOPMENT FUND CORPORATION TRUST CENTER, 1209 ORANGE ST WILTVIINGTON, DE 19801 U.S. SMALL. BUSINESS ADMINISTRATION 51 SW 1ST AVENUE, SUITE 201 MIAMI, FL 33131 TORRES, SASHA CEEPORT GROUP LLC 2007 SW 8 STREET MIAMI, FL 33135 City of Miami Page 2 Printed on 10/1/21 Case # : BB2021012983 - Owner's Name: CEEPORT GROUP LLC At a meeting of the Unsafe Structure Panel on 10/1/2021, a motion was made by Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be APPROVED, passed. ff�� Moved By: Panel Member Kouchalakos Seconded By; Panel Member Bared Chair, Unsafe Structure Panel Rafael Rodriguez Date 10/01/2021 City of Miami Page 3 Printed on 10/1/21 Tit of vaianti June 21, 2022 BACKLOT 305 LLC 2007SW8ST Miami FL, 33135 RE: Certificate of Use Revocation Certificate of Use No. 1702-000264 To Whom It May Concern: ARTHUR NORIEGA, V City Manager Please be advised that, effective immediately, Certificate of Use No. 1702-000264 is hereby revoked pursuant to Section 2-211(b)(7) of the Code of the City of Miami, Florida, as amended ("Code"). The structure or structures on this property have been adjudicated by the City of Miami's Unsafe Structures Panel ("Panel"), at its October 1st, 2021 meeting as being an unsafe structure. Because said structure or structures have been determined to be unsafe after a hearing before the Panel, they are in violation of Chapter 10 of the City Code, resulting in the revocation. A copy of the Panel order is enclosed. Please be advised that pursuant to Sections 2-211(c) and (d) of the City Code, you may appeal this revocation to the Planning, Zoning and Appeals Board by filing an appeal with the Office of Hearing Boards within fifteen (15) days of the date of this letter. The filing of an appeal, and payment of appropriate fee, may be submitted online by visiting the following website: https://www.m lam it;ov,corn/Services/Building-Permitting/Planning-Zon€ng/Appeal-an-i nterpretation-or- a-Determination-or-a-Cl.l-Deniai-or-Revocation. Sincerely, DtLi Daniel S. Goldberg, Esq. Zoning Administrator cc: Arthur Noriega V, City Manager Nzeribe Ihekwaba, Deputy City Manager Natasha Colebrook -Williams, Assistant City Manager Tamara Allen Frost, Zoning Assistant Director Asael Marrero, Building Director Maurice Pons, Building Official Adrian Plasencia, Assistant Fire Chief Victoria Mendez, City Attorney Rene Diaz, Senior Chief of Unsafe Structures OFFICE OF ZONING 444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708