HomeMy WebLinkAboutR-15-0425Vop City of Miami
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Resolution: R-15-0425
File Number: 15-00405wta
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/24/2015
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
City of Miand Page 1 of 2 File Id. I5-00405wta (Version: 3) Printed On: 3/23/2018
File Number: 15-00405wta
Enactment Number: R-15-0425
comply with the criteria for a Warrant as set forth in Miami 21 Code Section 7.1.2.6 and Article 4,
Table 12, 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 }
Footnotes:
{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.
City of Miami Page 2 of 2 File Id. I5-00405wta (Version: 3) Printed On: 3/23/2018