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File ID: R-17-0398
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE
APPEAL FILED BY 3637 CORP INC. OF THE ZONING
ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE ON MARCH
21, 2017 FOR THE PROPERTY LOCATED AT APPROXIMATELY 2657
NORTHWEST 36TH STREET, MIAMI, FLORIDA.
LOCATION: 2657 NW 36 St [Commissioner Wifredo (Willy) Gort- District 1]
APPELLANT(S) Alan S. Krischer, Esquire, on behalf of 3637 Corp. Inc.
PURPOSE: Appealing a PZAB decision.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal
File Number: 2556
City of Miami
Legislation
Resolution
Enactment Number: R-17-0398
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:7/27/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED
BY 3637 CORP INC. OF THE ZONING ADMINISTRATOR'S DENIAL OF A
CERTIFICATE OF USE ON MARCH 21, 2017 FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2657 NORTHWEST 36TH STREET, MIAMI, FLORIDA.
WHEREAS, on March 21, 2017, the Zoning Administrator denied a Certificate of Use for
the property located at 2657 Northwest 36th Street, Miami, Florida; and
WHEREAS, on March 31, 2017, Alan Krischer, Esq., on behalf of 3637 Corp Inc.
("Appellant"), filed a timely appeal of the denial of the Certificate of Use with the Office of
Hearing Boards in accordance with Section 2-211(c) of the Code of the City of Miami, Florida,
as amended ("City Code"); and
WHEREAS, on June 7, 2017, a public hearing was held before the Miami Planning,
Zoning and Appeals Board (TZAB"); and
WHEREAS, after affording an opportunity to be heard to the Appellant, testimony by
professional staff, and hearing from members of the public, the PZAB determined there was
competent substantial evidence to uphold the denial of the Certificate of Use and adopted
Resolution PZAB-R-17-034 by a vote of five to three (5-3); and
WHEREAS, the PZAB decision to deny was based on evidence indicating there was a
failure to advise the City of Miami ("City") of a change in the ownership of 3637 Corp. Inc. when
the original application of 3637 Corp. Inc., granted by Special Exception, provided that the City
would be notified of and have to approve a change in ownership; and
WHEREAS, the Appellant filed a timely appeal of the PZAB's decision to the City
Commission with the Office of Hearing Boards; and
WHEREAS, after careful consideration and an opportunity to be heard has been
afforded to the Appellant, testimony by professional staff has been provided, and comments of
the public have been considered, the City Commission denies the appeal filed by the Appellant
and affirms the decision of the PZAB to uphold the Zoning Administrator's denial of a Certificate
of Use for the property located at 2657 Northwest 36th Street, Miami, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI CITY 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 appeal filed by the Appellant of the PZAB's decision to uphold the
Zoning Administrator's denial of a Certificate of Use on March 21, 2017, pursuant to Section 2-
211 of the City Code, for the property located at of 2657 Northwest 36 t" Street, Miami, Florida is
denied.
Section 3. The Certificate of Use for the property located at 2657 Northwest 36th
Street, Miami, Florida remains denied.
Section 4. This Resolution shall be effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
Cjt6ria-VTVndez, Cify Attor iey 711812017
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.