HomeMy WebLinkAboutPZAB (17990) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-25-076
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 17990
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION
APPROVAL WITH CONDITIONS OF AN EXCEPTION TO ALLOW AN EXTENSION
FOR THE CONTINUANCE OF A LEGAL NONCONFORMING USE OF ADULT
ENTERTAINMENT ESTABLISHMENT FOR AN ADDITIONAL TERM OF UP TO
TWENTY (20) YEARS, PURSUANT TO ARTICLE 7, SECTION 7.2.6.A AND ARTICLE
7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AT THE REAL PROPERTY
DESIGNATED "T6-12-0," URBAN CORE TRANSECT ZONE - OPEN, GENERALLY
LOCATED AT 3875 SHIPPING AVENUE, MIAMI, FLORIDA, MORE PARTICULARITY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Louis J. Terminello, Esquire, on behalf of Sunshine Mortgage Investors, Inc.
("Applicant"), has applied to the City of Miami ("City") for an Exception to allow an extension for
the continuance of a legally nonconforming Use of Adult Entertainment Establishment for an
additional term of up to twenty (20) years, pursuant to Article 7, Section 7.2.6.a and Article 7,
Section 7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"); and
WHEREAS, the property located at 3875 Shipping Avenue, Miami, Florida, as more
particularly described in Exhibit "A", ("Property") has a Future Land Use designation of
Restricted Commercial; and
WHEREAS, the Property is designated as the "T6-12-0," Urban Core Transect Zone —
Open, on the Zoning Atlas of the Miami 21 Code; and
WHEREAS, on August 6, 2009, the City's Office of Zoning issued a Certificate of Use for
a 3,500-square-foot Nightclub; and
WHEREAS, the Adult Entertainment Establishment Use became legal nonconforming
upon the Miami 21 Code's effective date of May 10, 2010; and
WHEREAS, Article 7, Section 7.2.6.a of the Miami 21 Code states that where, at the
effective date of adoption or amendment of this Code, a lawful Use exists which would not be
permitted under this Code, the Use may be continued for twenty (20) years from the date the
Use first became legal nonconforming and that the Use shall not be allowed to continue
automatically upon expiration of the twenty (20) years; and
City of Miami Page 1 of 3 File ID: 17990 (Revision:) Printed On: 11/24/2025
WHEREAS, Article 7, Section 7.2.6.a of the Miami 21 Code further states that, upon
application, the City Commission may grant by Exception an extension for continuance of the
Use for an additional term of up to twenty (20) years; and
WHEREAS, the Adult Entertainment Establishment Use is not permitted in the "T6-O,"
Urban Core Transect Zone — Open; and
WHEREAS, the term of twenty (20) years from the date the Adult Entertainment
Establishment Use first became legal nonconforming on the Property expires on May 10, 2030;
and
WHEREAS, the requested Exception will allow the continuation of an existing lawful
Adult Entertainment Establishment for an additional term of up to twenty (20) years — ending
May 10, 2050; and
WHEREAS, the City's Planning Department finds the proposed continuation of a
nonconforming Use to be consistent with the applicable criteria of Article 7, Section 7.1.2.6 of
the Miami 21 Code, including Article 4, Table 12; and
WHEREAS, the request is consistent with the Miami Comprehensive Neighborhood Plan
("MCNP") Future Land Use Policy LU-1.1.3's objective to provide for protection of all areas of
the City from the encroachment of incompatible land uses through the development of
appropriate transition standards; and
WHEREAS, the Planning Department has reviewed the application and finds the
proposed Exception is consistent with the goals of the Miami 21 Code and the MCNP; and
WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami
21 Code, as amended, recommends approval of the Exception — with conditions; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the
City; and
WHEREAS, the PZAB finds that the applicable requirements of the Miami 21 Code have
been met with the conditions stated in Section 2 herein; 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 approve with conditions the requested
Exception;
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 PZAB hereby recommends to the City Commission approval of the
Exception pursuant to Article 7, Section 7.2.6.a and Article 7, Section 7.1.2.6 of the Miami 21
Code, subject to the following conditions:
City of Miami Page 2 of 3 File ID: 17990 (Revision:) Printed On: 11/24/2025
1 The continuance of the Adult Entertainment Establishment Use shall be in
accordance with the plans entitled "Playmates Club" as prepared by Juan C.
David, Registered Architect, and batch stamped PZ-24-17748 by the City of
Miami.
2. The parking area shall exist as depicted on plans approved under PZ-24-17748
with twelve (12) parking spaces, including two (2) handicap spaces and any
required landscaping.
3. If, for a period of more than six (6) months, a nonconforming Use is documented
as being discontinued or a Certificate of Use for a nonconforming Use lapses,
any subsequent Use shall conform to the regulations of this Code.
4. Where an alteration of a Structure containing a nonconforming Use is Tess than
fifty percent (50%) of the square footage of the Structure at the time of alteration,
the nonconforming Use may be permitted to continue pursuant to an Exception.
5. Any signage shall be processed under a separate permit in accordance with
Article 10 of the Miami 21 Code.
6. The Applicant, owner, and any successor shall comply with the requirements of
all applicable Departments/Agencies as part of the City of Miami building
permitting process.
7 The City shall have the right to inspect the Property site to ensure compliance
with the conditions as listed.
8. Pursuant to Article 7, Section 7.1.2.6.e, "[a]n Exception shall be valid for a period
of three (3) years, during which a building permit or Certificate of Use must be
obtained. This excludes a demolition or landscape permit."
9. Failure to comply with the conditions herein may result in the immediate
revocation of this Exception and shall be subject to any fines and penalties
pursuant to the City Code.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall be effective immediately upon its adoption.
Reviewed and Approved:
David Snow
City of Miami Page 3 of 3 File ID: 17990 (Revision:) Printed On: 11/24/2025
City of Miami
Planning Department
EXCEPTION FOR
A NONCONFORMING USE
ePlan File ID.
PZ-24-17748
Location
3875 Shipping Avenue
Folio
0141170032400
Miami 21 Transect
"T6-12-0," Urban Core Transect Zone - Open
MCNP
Restricted Commercial
Commission District
District 4 — Vacant
Commissioner District Office
Coral Way
Planner
Leeann Parker, Planner I (Iparker@miamigov.com)
Property Owner
Sunshine Mortgage Investors, Inc.
Project Representative
Louis J. Terminello, Esquire (kim.rasnake@gmlaw.com)
A. REQUEST
Louis J. Terminello, Esquire, on behalf of Sunshine Mortgage Investors, Inc. ("the Applicant"),
requests an Exception pursuant to Article 7, Section 7.2.6.a of the Ordinance 13114 ("Miami
21 Code"), as amended, to allow the continuance of an existing Adult Entertainment
Establishment where the Use is not lawfully permitted under the Miami 21 Code, for twenty
years (20) at the property located at 3875 Shipping Avenue, Miami, Florida (the "Property").
B. RECOMMENDATION
Pursuant to Article 7, Section 7.1.1.2 and 7.1.2.6 of the Miami 21 Code, as amended, the
Planning Department recommends, with City Commission approval, the requested Exception
for the continuance of a nonconforming Adult Entertainment Establishment Use Approved
with Conditions based on the facts and findings in this Staff Analysis.
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 1
7/15/2025
C. PROJECT DATA
The Project is located north of Shipping Avenue, between Southwest 38 Court and Southwest
39 Avenue. The associated Property is located within the "T6-12-0," Urban Core Transect
Zone — Open, within close proximity to Bird Road and U.S. Highway 1. See Figure 1.
Figure 1: Site Location
Redevelopment is gradually occurring in this location, shifting the context of the Neighborhood
from Industrial toward predominately Mixed -Use and Residential Uses. The Block on which
the request is located still largely retains the previously existing industrial urban area form.
For information regarding immediately abutting Properties, see Table 1 below.
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 2
7/15/2025
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
"T6-12-0"
Restricted Commercial -
150 du/ac
Commercial (Large
Scale), Institutional
South
"T6-12-0"
Restricted Commercial -
150 du/ac
Industrial
(Manufacturing)
East
"T6-12-0"
Restricted Commercial -
150 du/ac
Industrial (Storage)
West
"T6-12-0"
Restricted Commercial -
150 du/ac
Industrial (Storage)
Table 1: Abutting Property Information
D. BACKGROUND
The Nonconforming Use of an Adult Entertainment Establishment occupies an existing
Structure measuring approximately 5,810 square feet and operates under a 4COP quota
license. This Use was originally permitted and established under Ordinance No. 11000—the
City's previous Zoning Code —which was in effect from 1990 until 2010.
On April 13, 2000, the City Commission adopted Ordinance No. 11916, amending the
previous Zoning Code. This Amendment removed Adult Entertainment as a conditional
principal Use in the C-2 Commercial zoning category, restricted it to the "I" Industrial district
as a conditional principal Use, and introduced a requirement for a minimum 1,000-foot
separation from any Residential zoning district. Although the subject Property is located within
the "I" Industrial district, it was potentially within the required separation distance from an R-2
Residential zoning district. If so, the Use would have been rendered nonconforming, subject
to a mandatory expiration period of twenty (20) years unless extended by a Special Exception.
However, the Office of the City Attorney, in an opinion dated August 12, 2022, found that the
methodology for measuring the required separation distance in the previous Zoning Code was
ambiguous unless explicitly stated. Due to this ambiguity, Planning Staff was unable to
conclusively determine whether the Use became nonconforming at the time the Amendment
was adopted.
Subsequently, on October 22, 2009, the City Commission adopted the Miami 21 Code, which
repealed the previous Zoning Code. The Miami 21 Code became effective on May 20, 2010.
Under this new code, the Property is zoned "T6-12-0," Urban Core Transect Zone — Open.
Pursuant to Article 4, Table 3 of the Miami 21 Code, Adult Entertainment Establishments are
not a permitted Use in this zoning category.
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 3
7/15/2025
Miami 21 further provides, in Article 7, Section 7.2.6.a, that nonconforming Uses must cease
within twenty (20) years from the date they become nonconforming, unless an Exception is
granted. Due to the earlier ambiguity surrounding the distancing requirements in the prior
Code, Staff determined that the Use officially became nonconforming upon the effective date
of the Miami 21 Code.
It is important to note that this determination does not impact any other lawfully established
Use on the Property, including the sale of alcohol. Furthermore, it does not prevent the
establishment of a new Use that complies with the regulations of the Miami 21 Code.
E. PROPOSAL
This Application seeks approval of an Exception to allow the continuance of an existing Adult
Entertainment Establishment where the Use is not lawfully permitted under the Miami 21
Code. The existing two-story, approximately 5,810 square -foot Structure and parking area
with twelve (12) spaces are to remain.
OLCUP
Figure 2: Sheet A-1, first Story floor plan
AAA AAA AA
'A SAMOA. BA
OPAA MAY
OM AAA_ A
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 4
7/15/2025
EXIST
BATH
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CLOSED
vVI
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LOURGE/CEXHANGING AREA
Figure 3: Sheet A-1.1, second Story floor plan
F. ANALYSIS
Miami 21 Code
The Project is located within the "T6-12-0," Urban Core Transect Zone - Open. According to
Article 4, Table 3 of the Miami 21 Code, the Adult Entertainment Establishment Use is not
permitted in the "T6-12-0" Transect Zone. The existing Use, permitted and established under
the previous Zoning Code, is considered to be nonconforming upon the Miami 21 Code's
effective date of May 10, 2010. The existing Use is cohesive with the immediate surrounding
area and is buffered from the changing Neighborhood by Industrial and Commercial
Structures. The continuance of the nonconforming Adult Entertainment Establishment allows
for the gradual change of the existing Neighborhood.
Staff Review of Exception Criteria
The requested Exception for the continuance of a nonconforming Adult Entertainment
Establishment Use is in compliance with all six (6) criteria for an Exception, pursuant to Article
7, Section 7.1.2.6.b.4.
Criteria 1:
Article 7, Section 7.1.2.6.b.4: "The application shall be reviewed for
compliance with the regulations of this Code and a traffic study shall be
provided as required by the Planning Director."
Analysis 1:
Pursuant to Article 7, Section 7.2.6.a, a nonconforming Use may be
continued for twenty (20) years from the date the Use first became
nonconforming. Upon expiration, the City Commission may grant by
Exception an extension for continuance of the Use for an additional term
of up to twenty (20) years. The existing Adult Entertainment
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 5
7/15/2025
Establishment became nonconforming upon the Miami 21 Code's
effective date of May 10, 2010. The expiration of the Use will be May
10, 2030. The request to extend the nonconforming Use is within the
twenty (20) year required period, consistent with the requirements of the
Miami 21 Code. Additionally, a traffic study is not deemed necessary for
this type of request.
Finding 1:
Complies.
Criteria 2:
Article 7, Section 7.1.2.6.b.4: "The review shall consider...the guiding
principles of the Miami 21 Code..."
Analysis 2:
Pursuant to Article 2, Section 2.1.3.3.i, "Harmonious and orderly change
and Development of urban areas should be enabled through a form -
based zoning code that guides and regulates change." The Adult
Entertainment Establishment Use was lawfully established under the
previous Zoning Code. The adoption of the Zoning Atlas under the
Miami 21 Code changed the zoning designation of the Property and
surrounding area from Industrial to "T6," which involves a variety of
Uses, but excludes Adult Entertainment Establishments. The proposed
continuance of the nonconforming Use provides fairness to the Property
Owner under due process while allowing for gradual change to occur
through the developing Neighborhood context under the adoption of the
Miami 21 Code and the "T6-12-0" zoning designation.
Finding 2:
Complies.
Criteria 3:
Article 7, Section 7.1.2.6.b.4: "The review shall consider...the manner
in which the proposed Use will operate given its specific location and
proximity to less intense Uses."
Analysis 3:
The existing Adult Entertainment Establishment is located in a Mixed -
Use Neighborhood, which includes abutting Uses such as Commercial,
Institutional, and Industrial. Most surrounding Properties retain the
Industrial character of the area that was established prior to the adoption
of the Miami 21 Code. The Property's location midblock of Shipping
Avenue between Southwest 38 Court and Southwest 39 Avenue
provides a barrier between the nonconforming Use and less intense
Residential Uses developed with the recent evolution of the
Neighborhood.
Finding 3:
Complies.
Criteria 4:
Article 4, Table 12, Building Function and Density, "Ensure transitions
of Density, Intensity, and Height that complement the Neighborhood
context."
Analysis 4:
The request does not impact the Density or Height of the existing
Property, and the Intensity of the existing Adult Entertainment
Establishment remains the same. Alternatively, the Intensity of the
surrounding Neighborhood has changed from Industrial to Mixed -Use,
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 6
7/15/2025
altering the impacts the existing Use's Intensity has on the
Neighborhood. The nonconformance of the Use affects the area only as
the Neighborhood continues to change, as prompted by the adoption of
the Miami 21 Code after the Use was established. The continuance of
the nonconforming Use is cohesive with the immediate context of the
surrounding Properties, which maintain Industrial qualities.
Finding 4:
Complies.
Criteria 5:
Article 4, Table 12, Building Function and Density, "Calibrate Density,
Intensity, and Uses to facilitate walkability and promote transit use."
Analysis 5:
The existing Use is approximately 0.2 miles or a 4-minute walk from the
Douglas Road Metrorail station. This proximity promotes Neighborhood
walkability and encourages public transportation use, effectively
connecting the Neighborhood to the broader City.
Finding 5:
Complies.
G. FINDINGS
• Pursuant to Article 7, Section 7.2.6.a, the City Commission may grant by Exception an
extension for continuance of the Use for an additional term of up to twenty (20) years.
• Pursuant to Article 7, Section 7.2.6 of the Miami 21 Code, it is found that the Applicant has
submitted the necessary information to the Planning Department, which demonstrates
compliance with the guidelines and criteria required for this type of permit, as specified in
the Miami 21 Code, including Article 4, Table 12.
• Pursuant to Article 7, Section 7.2.6.c.1, no alterations are proposed to the existing
Structure.
• Pursuant to Article 7, Section 7.2.6.d, the Use is found to have an active Certificate of Use
on the Property.
• Planning comments were provided in ePlan pursuant to a comprehensive review of the
application materials. All comments have been addressed through the ePlan review
process.
• Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the application has been
referred to the following agencies whose comments and recommendations have been
considered and are reflected in this final decision: Office of Zoning and Department of
Resilience and Public Works.
• Pursuant to Article 7, Section 7.1.2.6.d of the Miami 21 Code, the City of Miami Zoning
Ordinance, the application has been reviewed and found sufficient.
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 7
7/15/2025
H. CONDITIONS
1. The continuance of the Adult Entertainment Establishment Use shall be in accordance with
the plans entitled "Playmates Club" as prepared by Juan C. David, Registered Architect, and
batch stamped PZ-24-17748 by the City of Miami.
2. The parking area must exist as depicted on plans approved under PZ-24-17748 with twelve
(12) parking spaces, including two (2) handicap spaces and any required landscaping.
3. If, for a period of more than six (6) months, a nonconforming Use is documented as being
discontinued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use
shall conform to the regulations of this Code.
4. Where an alteration of a Structure containing a nonconforming Use is less than fifty percent
(50%) of the square footage of the Structure at the time of alteration, the nonconforming Use
may be permitted to continue pursuant to an Exception.
5. Any signage shall be process under a separate permit in accordance with Article 10 of the
Miami 21 Code.
6. The Applicant, owner, or successor shall comply with the requirements of all applicable
Departments/Agencies as part of the City of Miami building permitting process.
7. The City reserves the right to inspect the site to ensure compliance with the conditions as
listed.
8. Pursuant to Article 7, Section 7.1.2.6.e, "An Exception shall be valid for a period of three (3)
years, during which a building permit or Certificate of Use must be obtained. This excludes a
demolition or landscape permit."
9. Failure to comply with the conditions herein may result in the immediate revocation of this
Exception and shall be subject to any fines and penalties pursuant to the City Code.
r:cuSigned by:
j, S.tA,bW
561'44&4•&&k;&486...
David Snow
Planning Director
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 8
7/15/2025
,—DocuSigned by:
`-14-1A 8,
Graham Jones
Assistant Director
Signed by:
Mawusi Khadija Watson
Chief of Land Development
,—DocuSigned by:
L—+A A--3448-114E4FS...
Leeann Parker
Planner I
Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 9
7/15/2025
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NO. 4767
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PROPERTY OF:
SUNSHINE MORTGAGE
INVESTORS INC
ADDRESS:
3875 SHIPPING AVENUE,
MIAMI, FLORIDA 33146
FLOOD ZONE:
FLOOD ZONE. X
MAP & PANEL = 12086C0457
COMMUNITY NO.: 120650
SUFFIX' L
DATE OF FIRM: 09/11/2009
BASE ELEV. = N/A
CERTIFIED TO:
SUNSHINE MORTGAGE
INVESTORS INC
LEGAL DESCRIPTION:
LOTS 41, 42. 43, AND 44„ BLOCK 12, REALTY SECURITIES CORPORATION :S PLAT
OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PL/1 7 BOOK 2, AT PAGE 85, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
SURVEYOR'S NOTES:
1) NOT VALID UNLESS SIGNATURE IS EMBOSSED WITH THL REGISTERED LAND SURVEYOR'S SEAL.
2) LEGAL DESCRIPTION PROVIDED AY OTHERS
3) PROPERTIES SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER RECORDED
ENCUMBRANCES NOT SHOWN ON THE PROPERTY PLAT OF RECORD.
4) MEASUREMENTS TO WOOD FENCES ARE TO OUT OF WOOD.
5) UNDERGROUND U71t /TIES, FOUNDATIONS, 014 OTHER IMPROVEMENTS, IF ANY, WERE NOT
LOCATED.
8) Et FVATIONS, II SHOWN ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM 492E.
7) FENCE OWNERSHIP NOT DE7 /RMINED UNLESS OTHERWISE NOTED
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8) MEASUREMENTS 70 WIRE FENCES ARE 70 CENTER OF WIRE.
9) WALL MEASUREMENTS ARE TO/FROM FACE OF WALL_
10) DRAWING DISTANCE BETWEEN WALLS AND/OR FENCES AND PROPERTY LINES MAYBE
EXAGGERATED FOR CLARITY 11) FLOOD ZONE INFORMATION WAS DERIVED FROM FEDERAL
EMERGENCY MANAGEMENT AGENCY FLOOD INFORMATION RATE MAPS.
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STANDARDS OF PRACTICE SEE CORTI I BY II It:
F1.ORIDA BOARD OF PROFESSIONAL SURVEYORS AND
MAPPERS IN CHAPTER 5J 17 050 IS ROUGH / 57-17.052,
E. FLORIUA ADMINISTRATIVE CODt'URSUANI TO
SECTION 472, 027, FLORIDA STATUTES, AND, THAT THE
SKETCH HEREON IS TRUE AND CORRECT TO THE -
BEST
OF MY KNOWLEDGE AND BELIEF SUBJECT ,TO
N(TFS AND No ATIONS SHOWN HEREON
_! AN 'I0C0 F- FAJARDO
LORIBA PROFESSIONAL SURVEYOR AND MAOPF
7E6IS T PA1)ON NO 4707.
PROFESSIONAL SURVEYING AND MAPPING
ANNES AND GARCIA, INC.
LB # 2098
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4967 SW 75th AVENUE,
MIAMI, FLORIDA 33155
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HELD DATE:06/72/2073
SCALE
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DWG. No.: 269/43