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File ID: 12729
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING /
DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING
DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING
AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION
NO. PZAB-R-22-046 REVERSING THE ZONING ADMINISTRATOR'S
REVOCATION OF A CERTIFICATE OF USE PURSUANT TO SECTION
2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED
AT APPROXIMATELY 1901 WEST FLAGLER STREET, MIAMI,
FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE
ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF
USE NO. 071530 FOR THE PROPERTY; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: 1901 West Flagler Street [Commissioner Joe Carollo — District 3]
APPLICANT(S): Miami Coin Laundry
APPELLANT(S): Arthur Noriega V, City Manager on behalf of City of Miami
PURPOSE: The Appellant seeks to appeal the Planning, Zoning and Appeals Board decision.
FINDING(S):
ZONING DEPARTMENT: Recommends that the appeal be granted, overturning the decision of
the Planning, Zoning and Appeals Board which voted to grant the Certificate of Use.
PLANNING, ZONING AND APPEALS BOARD: The motion to grant the appeal on September
21, 2022, passed, by a vote of 9-1.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12729 Final Action Date:11/17/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE
APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING /
AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET
FORTH IN RESOLUTION NO. PZAB-R-22-046 REVERSING THE ZONING
ADMINISTRATOR'S REVOCATION OF A CERTIFICATE OF USE PURSUANT TO
SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21
CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1901 WEST
FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING /
UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE
CERTIFICATE OF USE NO. 071530 FOR THE PROPERTY; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 15, 2022, pursuant to Section 2-211 of the Code of the City of
Miami, Florida, as amended ("City Code") and Section 7.1.2.1 of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), the Zoning
Administrator revoked the Certificate of Use No. 071530 ("CU") issued to Miami Coin Laundry,
Corporation ("Appellant") for the property located at approximately 1901 West Flagler Street,
Miami, Florida ("Property"); and
WHEREAS, on July 31, 2022, Raul Gonzalez, Jr., on behalf of the Appellant, filed an
appeal of the Certificate of Use revocation with the Office of Hearing Boards; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
September 21, 2022, following an advertised public hearing, adopted Resolution No. PZAB-
R22-046, by a vote of nine to one (9-1), Item No. 7, granting the appeal and reversing the
decision of the Zoning Administrator; and
WHEREAS, on October 04,2022, the Zoning Administrator filed an appeal of the
PZAB's decision to grant an appeal and reverse the Zoning Administrator's revocation of the
Certificate of Use; 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 City of Miami's Unsafe Structures 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, the City
Commission finds that the record supports denying the appeal filed by Appellant; and
WHEREAS, the City Commission, after careful consideration of this matter and for the
reasons stated on the record at the public hearing, finds that the stated grounds for the subject
appeal and the facts presented in support thereof justify reversing / affirming the decision of the
PZAB and affirming the Zoning Administrator's revocation of the Certificate of Use No. 071530;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby grants / denies the appeal, reversing / affirming
the decision of the PZAB as set forth in Resolution No. PZAB-R22-046, and reversing / affirming
the Zoning Administrator's revocation of the Certificate of Use No. 071530 for the Property.
Section 3. This Resolution shall be effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: