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HomeMy WebLinkAboutLegislation Grant Appeal-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. A RESOLUTION OF THE MIAMI CITY COMMISSION REVERSING 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 16tnAvenue and 2323 SW 16tnAvenue, 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 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 Certificate of Use is compatible with the adjacent uses and does 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 reverses the revocation of the Certificate of Use, reverses the decision of the PZAB as et forth in Resolution PZAB-R-16-032, and grants the appeal giving rise to this hearing. ��� �0\ V �o � �� v b THIS DOCUMENT IS ORIGINAL A SUBSTITUTION TO BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 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. SUBSTITUTE A RESOLUTION OF THE MIAMI CITY COMMISSION REVERSING THE PLANNI , ZONING AND APPEALS BOARD'S DECISION AFFIRMING THE ZONIN ADMINISTRATOR'S REVOCATION, DATED AUGUST 13, 2015, OF CERTIFICA OF USE NO. 1504-000862 FOR THE PROPERTY LOCATED AT APPROXIMATE 2321 SOUTHWEST 16TH AVENUE AND 2323 SOUTHWEST 16TH AVENUE, MI I, FLORIDA. WHEREAS, Jorge A. and Rosa Montes ("Appellants") were issued Certifi to of Use No. 1504-000862 ("Certificate of Use") for the property located at appro/ppeal Southwest 16th Avenue and 2323 SW 16th Avenue, Miami, Florida; and WHEREAS, on August 13, 2015, the Zoning Administrator rertificate of Use; and WHEREAS, on August 26, 2015, the Appellants submitted e Zoning Administrator's revocation to the Zoning Administrator's Office; and WHEREAS, on May 18, 2016, the Planning, Zoning and ppeals Board ("PZAB"), after a public hearing, affirmed the Zoning's Administrator's revocation ofth Certificate of Use and denied the appeal filed by the Appellants; and WHEREAS, on May 31, 2016, the Appellants file an appeal of the PZAB's decision to affirm the Zoning Administrator's revocation of the Certificate of e; and WHEREAS, based on the testimony and eytence presented, and after due notice and an opportunity to be heard has been afforded to ally6rties and members of the public, the City Commission finds that the record supports de I/ of the appeal; and WHEREAS, the City Commission Vs considered the manner in which the proposed use will operate given its specific location and prgfimity to the adjacent uses; and WHEREAS, the City Commis on has considered the requirements of the Miami 21 Code, the Zoning Ordinance of the City of Mi i, Florida, as amended ("Miami 21 Code") and specifically Article 4, Table 12, Design Review Crite ; and WHEREAS, the City 96mmission, after careful consideration of this matter, finds that the stated grounds for the appeal and a facts presented in support thereof justify reversing the decision of the PZAB; and WHEREA/iiami the reasons stated on the record at the public hearing, the City Commission finds that the Cerof Use is compatible with the adjacent uses and does comply with the criteria as set forth in the 21 Code and Article 4, Table 12, Design Review Criteria; NOW,,7HEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ction 1. The recitals and findings contained in the Preamble to this Resolution are adopted by ref nce and incorporated as if fully set forth in this Section. Section 2. The City Commission reverses the revocation of the Certificate of Use, reverses the ion of the PZAB as set forth in Resolution PZAB-R-16-032, and grants the appeal giving rise to this SUBSTITUTE hearing. Section 3. This Resolution shall become effective immediately upon its adoption an signature of the Mayor.' APPROVED AS TO LEGAL FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY 1 1 If Ze Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar day rom the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become efjfctive immediately upon override of the veto by the City Commission.