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Legislation
Resolution
File Number: 15-00405wta
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REVERSING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION
REGARDING WARRANT APPLICATION NO. 2014-0059, ISSUED BY THE
PLANNING AND ZONING DIRECTOR ON MARCH 13, 2015 TO ALLOW A PUBLIC
STORAGE FACILITY ON THE PROPERTY LOCATED AT APPROXIMATELY 5609
NORTHEAST 2 AVENUE, MIAMI, FLORIDA.
WHEREAS, Ines Marrero-Priegues, Esquire, on behalf of Banner Storage Properties ("Applicant"),
filed an application for a Warrant ("Application") to allow a self -storage facility on the property located
at approximately 5609 Northeast 2 Avenue, Miami, Florida; and
WHEREAS, on March 13, 2015, the Director of the Department of Planning and Zoning approved,
with conditions, Warrant Permit No. 2015-0059; and
WHEREAS, Ms. Sandra Simioni and Mr. Joseph Pierre, abutting property owners ("Appellants"),
filed appeals pursuant to Section 7.1.1.5 of the Miami 21 Code, the Zoning Ordinance of the City of
Miami ("Miami 21 Code"), of Warrant Permit No. 2014-0059; and
WHEREAS, on June 3, 2015, the Planning, Zoning and Appeals Board ("PZAB"), after a public
hearing, denied Warrant Permit No. 2014-0059 and granted the appeal by adopting Resolution PZAB
R-15-034, by a vote of seven to four (7-4); and
WHEREAS, on June 16, 2015, the Applicant filed an appeal, pursuant to Section 7.1.1.4.b(10) of
the Miami 21 Code, of the PZAB's decision to deny Warrant Permit No. 2014-0059; and
WHEREAS, based on the testimony and evidence presented, and 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 support approval of the Application; and
WHEREAS, the City Commission has considered the manner in which the proposed use will
operate given its specific location and proximity to the adjacent uses; and
WHEREAS, the City Commission has considered the requirements of the Miami 21 Code and
Article 4, Table 12, Design Review Criteria; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated
grounds for this appeal and the facts presented in support thereof justify reversing the decision of the
PZAB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds
that the Warrant to allow a public storage facility is compatible with the adjacent uses and does comply
with the criteria for a Warrant as set forth in Miami 21 Code Section 7.1.2.6 and Article 4, Table 12,
City of Miand Page I of 2 File Id: 15-00405wta (Version: 3) Printed On: 9/4/2015
File Number., 15-00405wta
Design Review Criteria;
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 fully set forth in this Section.
Section 2. The City Commission reverses the decision of the PZAB as set forth in Resolution
PZAB-R-15-034, grants the appeal giving rise to this hearing, and therefore, approves the Application.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1)
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1)lf 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.
City of Miami Page, 2 of 2 File Id. 15-00405wta (Version: 3) .Printed On. 9/4/2015
Miami Planning, Zoning and Appeals Board
Iff =R 02WOM
File ID 16-00405wt June 3, 2015 Item PZAB, I
Mr. Juvenal Plha offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S),
GRANTING THE APPEAL, THEREBY DENYING THE WARRANT APPLICATION NO. 2014-0069, HEREBY
ATTACHED, ISSUED BY THE PLANNING DIRECTOR ON MARCH 13, 2016, TO ALLOW A PUBLIC STORAGE
FACILITY ON THE PROPERTY APPROXIMATELY LOCATED AT 5609 NORTHEAST 2ND AVENUE, MIAMI,
FLORIDA.
WHEREAS, the Board had considered a motion to deny the appeal, and thereby grant the warrant with
conditions, made by Ms. Maria Lievano-Cruz and seconded by Mr. Manuel J. Vadillo, and that motion
failed by a vote of 5 -- 6; and
WHEREAS, the Board considered the reasons for appeal, the reasons approving the warrant application,
and all evidence and testimony presented at the public hearing on June 3, 2016; and
Upon being seconded by Ms. Jennifer Ocana Barnes, the motion passed and was adopted by a vote of
7-4:
MS. Jennifer Ocana Barnes
Mr. Chris Collins
Ms, Maria Lievano-Cruz
Mr. Charles A. Garavaglia
Mr. Charles A. Gibson
Ms. Maria Beatriz Gutierrez
Dr. Ernest Martin
Mr. Daniel Milian
Mr. Juvenal Piha
Ms. Melody L. Torrens
Mr; Manuel J. Vadillo
Mr. David H. Young
Fran iia -Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Yes
No
No
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Abstain
Executi Da: e
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS r3f'rt'DAY OF 'f""r-9 2015.
Print Notary Name
Personally know or Produced I.D.
Type and number of LD, produced
Did take an oath or Did not take an oath
Notary' Public State of Florida
My Commission Expires:
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EXPIRES: July 11, 2olo
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