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File ID: 15466
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-23-117 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 5830 NORTHWEST 12 AVENUE, MIAMI, FLORIDA
("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING
ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO.
1402000285 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION(S): 5830 Northwest 12 Avenue
APPLICANT(S): Felix Rodriquez, Esq.
APPELLANT(S) to PZAB: Felix Rodriguez, Esq.
APPELLANT(S) TO CITY COMMISSION: Dan Goldberg, Former Zoning Administrator;
Tamara Frost, Zoning Administrator
PURPOSE: The Appellant seeks to appeal the Planning, Zoning and Appeals Board
decision.
FINDING(S):
OFFICE OF ZONING: Recommended denial of the appeal and upholding the decision
of the Zoning Administrator to deny the Certificate of Use.
PLANNING, ZONING AND APPEALS BOARD: On December 6, 2023, granted the appeal
and reversed the decision of the Zoning Administrator by a vote of 7 to 1.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15466 Final Action Date:2/26/2026
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-23-117 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 5830 NORTHWEST
12 AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE
ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO.
1402000285 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 28, 2022, the City of Miami's ("City") Unsafe Structures
Panel ("Panel") determined the structure or structures at approximately 5830 Northwest
12 Avenue ("Property") to be unsafe, as indicated in the letter attached and incorporated
as Exhibit "A"; and
WHEREAS, on September 30, 2023, 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. 1402000285 ("CU") issued to Quick Pick
Market Inc. for the Property, as indicated in the attached letter and incorporated as Exhibit "B";
and
WHEREAS, on October 31, 2023, Felix Rodriquez, on behalf of Quick Pick Market Inc.,
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
December 6, 2023, following an advertised public hearing, granted the appeal filed by Quick
Pick Market, Inc. and reversed the decision of the Zoning Administrator by a vote of seven to
one (7-1) via Resolution No. PZAB-R-23-117; and
WHEREAS, on December 8, 2023, the Zoning Administrator ("Appellant") filed an
appeal of the PZAB's decision to grant the 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 granting/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 reversing/affirming the Zoning Administrator's revocation of the Certificate of Use No.
1402000285;
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-R23-117, and reversing / affirming
the Zoning Administrator's revocation of the Certificate of Use No. 1402000285 for the Property.
Section 3. This Resolution shall be effective immediately upon its adoption and signature
of the Mayor.1
APPROVED AS TO FORM AND CORRECTNESS:
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.