HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY
3637 CORP. INC. OF THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF
USE ON MARCH 21, 2017, PURSUANT TO SECTION 2-211, "DENIAL OR REVOCATION OF
CERTIFICATE OF USE" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 2657 NORTHWEST 36 STREET,
MIAMI, FLORIDA.
WHEREAS, on March 21, 2017, the Zoning Administrator denied a Certificate of Use for
the property located at 2657 Northwest 36 Street; and,
WHEREAS, on March 31, 2017, Alan Krischer, Esq. on behalf of 3637 Corp. Inc.
("Appellant") filed a timely appeal with the Office of Hearing Boards in accordance with Section
2-211(c) of the Code of the City of Miami ("Code"); and,
WHEREAS, on June 7, 2017, the Miami Planning, Zoning and Appeals Board ("PZAB")
after due notice and an opportunity to be heard was afforded to all parties and members of the
public, there was substantial evidence in the record to deny the appeal of Warrant No. 17-0004;
and,
WHEREAS, on June 7, 2017, the PZAB after careful consideration, adopted Resolution -
R -17-034 by a vote of 5 to 3, upheld the decision of the Zoning Administrator to deny the
Certificate of Use pursuant to City Code of Ordinance Section 2-211 "Denial or revocation of
certificate of use", for the property located at approximately 2657 Northwest 36 Street; and,
WHEREAS, the Planning and Zoning Appeals Board decision to deny was based on
evidence indicating there was a change in operator from the disclosures of ownership furnished
when the original application of 3637 Corp Inc. was submitted for a Special Exception hearing;
and,
WHEREAS, the Appellant filed a timely appeal of the PZAB's decision to the Miami City
Commission ("City Commission") with the Office of Hearing Boards; and,
WHEREAS, after careful consideration the City Commission granted the appeal filed by
the Appellant, thus rejecting the decision of the PZAB to uphold the Zoning Administrator's
denial of a Certificate of Use for the property located at 2657 NW 36 Street; and,
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 of Warrant No. 2017-0004, is granted.
Section 3. This Resolution shall be effective immediately upon its adoption.
APPROVED AS TO LEGAL FORM AND CORRECTNESS
VICTORIA MENDEZ
CITY ATTORNEY