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Home My WebLink AboutPZAB-R-22-046 Signed ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-22-046 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 12407 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 MIAMI COIN LAUNDRY CORP., OF THE ZONING ADMINISTRATOR'S REVOCATION OF CERTIFICATE OF USE NO. 071530 ON JULY 15, 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 1901 W FLAGLER ST, MIAMI, FLORIDA. WHEREAS, on January 07, 2022, the City of Miami's Unsafe Structures Panel ("Panel") determined the structure or structures at approximately 1901 W Flagler St ("Property") to be unsafe, as indicated in the letter attached and incorporated as Exhibit "A"; and WHEREAS, on July 15, 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. 071530, issued to Miami Coin Laundry Corp., ("Appellant") at the Property located at approximately 1901 W Flagler St, as indicated in the letter attached and incorporated as Exhibit "B"; 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, 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 reflects 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 competent substantial evidence in the record to grant the appeal of the revocation of Certificate of Use No. 071530 or 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: 12407 (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: Lak sha Hull AICP LEED AP BD+C City of Miami Page 2 of 2 File ID: 12407 (Revision:) Printed On: 9/29/2022 City of Miami 444 SW 2nd Avenue Miami, FL 33130 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: 16-03048 Final Action: 01/07/2022 Owner's Name: PINAR 19, LLC Owner's Mailing Address: 1901 W FLAGLER STREET, STE. 1, MIAMI, FL 33135 Case #: BB2013019032 RE: 1901 W FLAGLER ST Folio Number: 01-41030-1309-50 Legal Description: LOTS 25 & 26 LESS S5', BLOCK 5, EVANSTON HGTS, PLAT BOOK 1, PAGE 56, MIAMI-DADE COUNTY, FL The City of Miami's Unsafe Structures Panel Decision, at its meeting on JANUARY 7th, 2022 for Building 1 (1-STORY, CBS, RETAIL COMMERCIAL BUILDING): Building 1: Submit 40/50 year recertification report within 30 days PLANS: The 40/50 Year Recertification Report must be submitted for the structure as per Building Code and Chapter 10 of the Code of the City of Miami. If the report calls for any repairs, all repairs or items needing to be completed or legalized must be done with their respective permits. If plans are required, they shall be prepared by a State of Florida 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. All repairs shall be completed within 210 days from today's date with a timeline of 30 days to submit report, and an additional 30 days to submit plans, another 60 days to obtain the permit(s), and a final 90 days to finish all repairs and submit an approved 40/50-year recertification report. All property surveys submitted to this Section for the purpose of obtaining permits shall be current, shall furthermore be Signed and Sealed and shall show all pertinent and required Elevations. (Note: A property survey is required for total demolition permits.) ANY VIOLATION OF CHAPTER 10 OF THE CITY CODE SHALL RESULT IN THE REVOCATION OF THE OFFENDING PROPERTY'S CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CITY CODE. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT, AT THE SOLE DISCRETION OF THE CITY, IN THE DEMOLITION OF THE OFFENDING STRUCTURE BY THE CITY OF MIAMI. The City of Miami Unsafe Structures Panel also ordered that, if compliance is not obtained 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. City of Miami Pagel 1 9 Printed on 1/10/22 Case # :882013019032 - Owners Name: PINAR 19, LLC This document may be recorded by the Building Official with the Public Records of Miami -Dade County. This recording 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.: BB2013019032 ESTHER MARIA GONZALEZ-WRIGHT 227 63RD AVENUE SOUTH ST. PETERSBURG, FL 33705 DANIEL GONZALEZ 1901 W FLAGLER ST SUITE 1 MIAMI FL 33135 GONZALEZ, RAUL, JR. PINAR 19 LLC 1901 W FLAGLER ST, SUITE 1 MIAMI, FL 33135 City of Miami Page 2 Printed on 1/10/22 Case # : BB2013019032 - Owner's Name: PINAR 19, LLC At a meeting of the Unsafe Structure Panel on 1/7/2022, a motion was made by Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be APPROVED, passed. Moved By: Panel Member Kouchalakos Seconded By: (--(Z- Panel Member Bared Chair, Unsafe Structure Panel Rafael Rodriguez Date 01/07/2022 City of Miami Page 3 Printed on 1/10/22 (Eit nf 4fliaxni July 15, 2022 MIAMI COIN LAUNDRY 1901 W FLAGLER ST Miami FL, 33135 RE: Certificate of Use Revocation Certificate of Use No. 071530 To Whom It May Concern: ARTHUR NORIEGA, V City Manager Please be advised that, effective immediately, Certificate of Use No. 071530 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 January 7th, 2022 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 fling of an appeal, and payment of appropriate fee, may be submitted online by visiting the following website: https://www.miamigov.com/Services/Building-Permitting/Planning-Zoning;/Appeal-an-interpretation-or- a-Determination-or-a-CU-Denial-or-Revocation. Sincerely, 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