HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
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Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE
APPEAL FILED BY JORGE A. AND ROSA MONTES, AFFIRMING THE
PLANNING, ZONING AND APPEALS BOARD'S DECISION AFFIRMING
THE ZONING ADMINISTRATOR'S REVOCATION, DATED AUGUST 13,
2015, OF CERTIFICATE OF USE NO. 1504-000862 FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2321 SOUTHWEST 16TH
AVENUE AND 2323 SOUTHWEST 16TH AVENUE, MIAMI, FLORIDA.
LOCATION: Approximately 2321 SW 16th Ave and 2323 SW 16th Ave [Commissioner Frank
Carollo - District 3]
CERTIFICATE OF USE APPLICANT(S): Jorge A. and Rosa Montes
APPELLANT(S) TO PLANNING, ZONING AND APPEALS BOARD: Hoss Hernandez,
Esquire on behalf of Jorge A. and Rosa Montes
APPELLANT(S) TO CITY COMMISSION: Hoss Hernandez, Esquire on behalf of Jorge A. and
Rosa Montes
PURPOSE: Appealing the decision of the Planning, Zoning and Appeals Board.
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended revocation of the Certificate of Use.
PLANNING, ZONING AND APPEALS BOARD: Denied the appeal on May 18, 2016, by a vote
of 7-0.
CITY COMMISSION: Continued from July 29, 2016 and September 22, 2016 to October 27,
2016.
File Number: 1130
City of Miami
Legislation
Resolution
Enactment Number: R-16-0499
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:10/27/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED
BY JORGE A. AND ROSA MONTES, AFFIRMING THE PLANNING, ZONING AND
APPEALS BOARD'S DECISION AFFIRMING THE ZONING ADMINISTRATOR'S
REVOCATION, DATED AUGUST 13, 2015, OF CERTIFICATE OF USE NO. 1504-
000862 FOR THE PROPERTY LOCATED AT APPROXIMATELY 2321 SOUTHWEST
16TH AVENUE AND 2323 SOUTHWEST 16TH AVENUE, MIAMI, FLORIDA.
WHEREAS, Jorge A. and Rosa Montes ("Appellants") were issued Certificate of Use No.
1504-000862 ("Certificate of Use") for the property located at approximately 2321 Southwest
16th Avenue and 2323 SW 16th Avenue, Miami, Florida ("Property"); and
WHEREAS, on August 13, 2015, the Zoning Administrator revoked the Certificate of Use
since the Property is zoned T3-0, allowing a maximum residential Use of Two -Family
Residential, and was never zoned to support three (3) dwelling units; and
WHEREAS, on August 26, 2015, the Appellants submitted an appeal of the Zoning
Administrator's revocation to the Office of Hearing Boards; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on May
18, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-032 by a
vote of seven to zero (7-0), Item No. PZAB.1, affirming the Zoning's Administrator's revocation
of the Certificate of Use and denying the appeal filed by the Appellants; and
WHEREAS, on May 31, 2016, the Appellants filed an appeal of the PZAB's decision to
affirm the Zoning Administrator's revocation of the Certificate of Use; 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, the City
Commission finds that the record supports denial of the appeal; 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 specifically Article 4, Table 12, Design Review Criteria; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that the
stated grounds for the appeal and the facts presented in support thereof justify affirming the
decision of the PZAB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City
Commission finds that the Certificate of Use is not compatible with the adjacent uses and does
not comply with the criteria as set forth in the Miami 21 Code 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 if fully set forth in this Section.
Section 2. The City Commission affirms the revocation of the Certificate of Use, affirms
the decision of the PZAB as set forth in Resolution PZAB-R-16-032, and denies the appeal
giving rise to this hearing.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
' 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.