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HomeMy WebLinkAboutResolutionCity of Miami Resolution Legislation 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 City of Miami Page 1 of 2 File ID: 12729 (Revision:) Printed On: 6/23/2025 File ID: 12729 Enactment Number: 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: City of Miami Page 2 of 2 File ID: 12729 (Revision:) Printed on: 6/23/2025