HomeMy WebLinkAboutLegislation DENY AppealA RESOLUTION OF THE MIAMI CITY COMMISSION 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; and
WHEREAS, on August 13, 2015, the Zoning Administrator revoked the Certificate of Use; and
WHEREAS, on August 26, 2015, the Appellants submitted an appeal of the Zoning
Administrator's revocation to the Zoning Administrator's Office; and
WHEREAS, on May 18, 2016, the Planning, Zoning and Appeals Board ("PZAB"), after a public
hearing, affirmed the Zoning's Administrator's revocation of the Certificate of Use and denied 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, the
Zoning Ordinance of the City of Miami, Florida, as amended ("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 LEGAL FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
' 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.