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HomeMy WebLinkAboutPZAB (15048) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-117 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15048 Date Rendered: 2/05/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD ("PZAB") WITH ATTACHMENT(S), GRANTING AN APPEAL FILED BY QUICK PICK MARKET INC OF THE ZONING ADMINISTRATOR'S REVOCATION OF CERTIFICATE OF USE NO. 1402000285 ON SEPTEMBER 30, 2023, 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 5830 NORTHWEST 12 AVENUE, MIAMI, FLORIDA. WHEREAS, on October 28, 2022, the City of Miami's Unsafe Structures Panel ("Panel") determined the structure or structures at approximately 5830 NW 12 AV ("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(b)(5) of the Code of the City of Miami, Florida, as amended, ("City Code"), the Zoning Administrator revoked Certificate of Use No. 140200028, issued to Quick Pick Market Inc., ("Appellant") at the Property located, as indicated in the attached letter and incorporated as Exhibit "B"; and WHEREAS, on October 31, 2023, Felix Rodriquez, 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 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 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. 1402000285 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: Date Rendered: 2/05/2024 City of Miami Page 1 of 2 File ID: 15048 (Revision:) Printed On: 2/5/2024 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 Zoning Administrator's 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: David Snow City of Miami Page 2 of 2 File ID: 15048 (Revision:) Printed On: 2/5/2024