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HomeMy WebLinkAboutR-02-0755J-02-489 (b) 5/20/02 n J RESOLUTION NO. V A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, REVERSING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SUPPER CLUB, FOR THE PROPERTIES LOCATED AT APPROXTMATFLY 3632-3634 NORTHWEST 25TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE, AND SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of April 22, 2002, Item No. 9, adopted Resolution No. ZB 2002-0567 by a vote of six to three (6-3), denying a Special Exception, and WHEREAS, the applicant has appealed the decision of the Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds that the stated grounds for the appeal and the facts presented in support thereof do justify reversing the ATTAC€NT (312 f OTAI CITY Coitif a$= MEE-Ta J U N 2 7 2002 kesolwion No. 0 2 -- 7'' �I decision of the Zoning Board and granting the Special Exception as hereinafter set forth; 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 grants the appeal and reverses the decision of the Zoning Board, thereby granting a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, to allow a supper club for the properties located at approximately 3632-3634 Northwest 25th Avenue, Miami, Florida, as legally described in attached "Exhibit A." The Special Exception is granted pursuant to plans on file, and subject to a time limitation of twelve (12) months in which a building permit must be obtained. Page 2 of 3°� 0 0 ©2- Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 27th day of ATTEST: PRISCILLA A. THOMPS CITY CLERK June , 2002. qM7ANUEL 1. AND CORRECTNESS: W6367:YMT:smg 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Page 3 of 37 0 3 0 - ZONING FACT SHEET Case Number: 2002-0537 22 -Apr -02 Item No: 9 Location: Approx. 3632-3634 NW 25 Avenue Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Maribel Martinez on behalf of EI Palacio Sports Cafe, Inc., Leasee 2147 NW 27 Street Miami, FL 33142 App. Ph: (305) 318-4748 Zoning: Request: C-2 Liberal Commercial Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a Supper Club. Purpose: Recommendations: Planning Department: Approval with condition Public Works: No comments Plat and Street Committee: N/A Dade Coyrity Transportation: No comments Enforcement History, If any C.E.B. Case No: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Last Hearing Date: Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: CEB Action: History, Analysis: Please see attached. Zoning Board Resolution No: ZB 2002-0552 Zoning Board: Appellant: Comply Order by: Vote: 8-0-0-1 02_ 755 APPLICANT LETTER OF APPEAL INTENT MIAMI, FLORIDA FROM: MARIBEL MARTINEZ PRESIDENT EL PALACIO SPORT CAFE, INC 3632-3634 NW 25th AVE MIAMI, FL 33130 TO: PLANNING AND ZONING DEPARTMENT HEARING BOARD DIVISION 444 SW 2ND AVE, 7TH FLOOR MIAMI, FL 33130 MAY 1 st, 2002 RE: SPECIAL EXCEPTION TO CHANGE OPERATION HOURS FROM CURRENT 7:00 AM TO 3:00 AM TO NEW SCHEDULE OF 7:00 AM TO 5:00 AM WITH KITCHEN SERVICE AT ALL TIME. MY NAME IS MARIBEL MARTINEZ PRESIDENT OF EL PALACIO SPORT CAFE, INC, LEASEHOLDER OF THE PREMISES LOCATED AT 3632- 3634 NW 25TH AVE, MIAMI, FL 33142, D.B.A. L'BOULEVARD CAFE SUPPER CLUB. THIS BUSINESS HAS SUCCESSFULLY OPERATED WITH A 4 COP LICENSE FOR THE LAST FOUR YEARS WITHOUT ANY -INCIDENTS AND THE PEOPLE FROM_THIS NEIGHBORHOOD AND OUR PATRONS IN GENERAL OBTAIN A HIGH QUALITY OF SERVICE LEVEL, INCLUDING A FULL COURSE MEAL MENU AND THE CONVENIENCE OF A COVERED AND LIGHTED PARKING LOT THAT FULLY COMPLIES WITH ALL CITY CODES AND REGULATIONS, INCLUDING LANDSCAPING AND PROVISIONS FOR THE HANDICAP. ALSO WE WOULD LIKE TO POINT OUT THAT WE ARE THE ONLY RESTAURANT SUPPER CLUB IN MIAMI WHERE SMOKING IS NOT PERMITTED. AT THE MOMENT WE ARE WORKING TOGETHER WITH THE ALLAPATTAH NET OFFICE, C/O MR EDDIE BORGES NET ADMINISTRATOR, AND HIS INSPECTOR, MR. LAZARO ORTA AND TRACKING ALL OUR PATRONS VISITS WITH THE LOCAL POLICE STATION IN ALLAPATTAH WHICH RECORDS SHOW NO COMPLAINTS OR NEGLIGENCE FROM OUR PATRONS, OR L'BOULEVARD CAFE EMPLOYEES AND ADMINISTRATION PERSONNEL. PLEASE BE ADVISED THAT DUE TO THE ECONOMIC REALITY OF OUR CITY, THE PEOPLE WHO LIKE THIS TYPE OF RESTAURANT ENVIRONMENT, INCLUDING A HIGH PERCENTAGE OF PEOPLE FROM THE DOMINICAN REPUBLIC, THEY ARE ABLE TO ENJOY IT ONLY FROM FRIDAY TO SUNDAY. THE REST OF THE WEEK DAYS THERE 02- 755 r- MAY ?,'2002 FROM: TO: ADDENDIIM TO TENANT I -EMR OF INTENT TO APPEAL MARIBEL MARTINEZ PRESDENT EL PALACIO SPORTCAFE' INC 3632.3634 NW 25'1'11 AVE MIAMI, FL 331'0 PLANNING AND ZONING DEPARTMENT HEARING BOARD DIVISION ATTN: MARIA E FAKIA 444 SW 2ND AVE. 711-1 1.1 FLOOR MIAMI, FL 33130 THIS IS TO REQUEST 7'I IAT "1.1IE FOLLOWING PEOPLE: BE ABLE TC ADDRESS THE COMMIS JOjr ON "I'IIIS ISSUE. MY HUSBAND, RAFAL•L E. GAItCIA , MY AGENT SANTOS GONZALEZ, AND MANUEL MUVOZ AS 1-1tj1NSLATOR THAM^ YOU SO MUCH, SINCERELY BEL�MARTIN -' . CC i off- "755 Miami Zoning Board Resolution No.: 2002-0567 Monday, April 22, 2002 Mr. Fredric B. Burns offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SUPPER CLUB FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3632-3634 NORTHWEST 25TH AVENUE, LEGALLY DESCRIBED AS LOTS 1, 2, 3, 13, 14 AND 15, RO-ED SUBDIVISION (47-4), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL. Upon being seconded by Mr. Juvenal Pina, the motion was passed and adopted by the following vote: Mr. Fredric B. Bums ffi�' Yes Mr. Charles J. Flowers No Mr. Joseph H. Ganguzza No Mr. Charles A. Garavaglia No Ms. Ileana Hemandez-Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. PiRa Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Away Mr. Georges Williams Yes AYE: 6 NAY: 3 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 i Ms. Fernandez: Motion carries 6-3 e4;A,of�5 (Q� S � Cd►) A ''l �nr� 2,6 C�, Teresita L. FernanZ ez, Executive Secre�ry Department of Planning and Zoning Hearing Boards Division Case No. 2002-0537 Item Nbr: 9 0- 755 ffi�' vomml_' Teresita L. FernanZ ez, Executive Secre�ry Department of Planning and Zoning Hearing Boards Division Case No. 2002-0537 Item Nbr: 9 0- 755 Property Address: 3632 Northwest 25th Avenue Miami, Florida 33142 Elevation Information: Legal Description: Comm Panel 120650 Panel # 0180 Lots 1, 2, 3, 13, 14 and 15, Block 1 Firm Zone "AE" "RO—ED SUBDIVISION" Date of Firm : 03-02-1994 According to the Plat Thereof as Recorded Base Flood Elev. : 9.00' in Plat Book 47 at Page 4 of the Public Finish Fl. Elev. 8.24 Records of Miami—Dade County, Florida. Garage Fl., Elev. N/A Suffix: "J" Elev. Ref to NGVD 1929 AFA &T--,-\ JOB # 01-1043 Company, Inc' DATE 11-09-2001 q �. PB 47-4 O Surveyors Notes: SJR #1 Lands Shown hereon were not abstracted for Easement and/or Right of way of Records La #2 Benchmark : Miami—Dade County Public Mork, Dep. BM NE COR NW3W & NR24AVE, NM COM, ELE9.6.104' Professional f3 Bearings as shown hereon are Based upon Southwest 38th Street NAo-00'00'E Surveyors & Mappers j4 Please See Abbreviations and Legend 13050 S.W. 133rd Court J5 Scale of Drawing: 1' = 20' Miami Florida, 33186 /6 Drawn By : Athiel Date: 11-09-2001 #7 Diskette No. 283 ph. # 305 ) 234-0588 #6 Last Revised: Fax # (305) 234-0423 This certifies that the survey of the property described hereon was mode under my s ipsr— vision & that the survey meets the minimum technical standards set forth by the Florida Board of Professivnat Land Surveyors & Mappers in Chapter 61017-6 of Florida Administrative Code, pursuant to Section 472.027, Florida Statutes & That the Sketch hereon is a true and accurate representation thereof to the best of my knowledge and BsUAYLsubject to notes and notations shown hereon ) 17— ,Armando F. Alvarez Professional Surveyor & Mapper / 5526 State of Florida -Not valid unless Sped & Stamped witb Embossed Seal 02- '755 PZ 4 ZONING FACT SHEET Case Number: 2002-0537 22 -Apr -02 Item 6 Location: Approximately 3632-3634 NW 25 Avenue Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Maribel Martinez on behalf of EI Palacio Sports Cafe, Incorporated, Lessee 2147 NW 27 Street Miami, FL 33142 App. (305) 318-4748 Zoning: C-2 Liberal Commercial Request: Appeal of a Zoning Board decision, which denied a Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a supper club. Purpose: This will allow a supper club at the above location. Recommendations: Planning & Zoning Dept.: Approval with condition of the special exception and approval with condition of the appeal. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: N/A Last Hearing Found N/A Violation(s) N/A Ticketing Action: N/A Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CEB Action: History: Analysis: See supporting documentation. Zoning Board Resolution ZB 2002-0567 Zoning Board: Denial of the special exception. Vote: 6-3 The companion variance requested Vote: 8-1 was granted. City Commission: N/A. 02— 755 APPLICANT LETTER OF APPEAL INTENT MIAMI, FLORIDA FROM: MARIBEL MARTINEZ PRESIDENT EL PALACIO SPORT CAFE, INC 3632-3634 NW 25th AVE MIAMI, FL 33130 TO: PLANNING AND ZONING DEPARTMENT HEARING BOARD DIVISION 444 SW 2ND AVE, 7TH FLOOR MIAMI, FL 33130 MAY 1 st, 2002 RE: SPECIAL EXCEPTION TO CHANGE OPERATION HOURS FROM CURRENT 7:00 AM TO 3:00 AM TO NEW SCHEDULE OF 7:00 AM TO 5:00 AM WITH KITCHEN SERVICE AT ALL TIME. MY NAME IS MARIBEL MARTINEZ PRESIDENT OF EL PALACIO SPORT CAFE, INC, LEASEHOLDER OF THE PREMISES LOCATED AT 3632- 3634 NW 25TH AVE, MIAMI, FL 33142, D.B.A. L'BOULEVARD CAFE SUPPER CLUB. THIS BUSINESS HAS SUCCESSFULLY OPERATED WITH A 4 COP LICENSE FOR THE LAST FOUR YEARS WITHOUT ANY INCIDENTS AND THE PEOPLE FROM -THIS NEIGHBORHOOD AND OUR PATRONS IN GENERAL OBTAIN A HIGH QUALITY OF SERVICE LEVEL, INCLUDING A FULL COURSE MEAL MENU AND THE CONVENIENCE OF A COVERED AND LIGHTED PARKING LOT THAT FULLY COMPLIES WITH ALL CITY CODES AND REGULATIONS, INCLUDING LANDSCAPING AND PROVISIONS FOR THE HANDICAP. ALSO WE WOULD LIKE TO POINT OUT THAT WE ARE THE ONLY RESTAURANT SUPPER CLUB IN MIAMI WHERE SMOKING IS NOT PERMITTED. AT THE MOMENT WE ARE WORKING TOGETHER WITH THE ALLAPATTAH NET OFFICE, C/O MR. EDDIE BORGES NET ADMINISTRATOR, AND HIS INSPECTOR, MR. LAZARO ORTA AND TRACKING ALL OUR PATRONS VISITS WITH THE LOCAL POLICE STATION IN ALLAPATTAH WHICH RECORDS SHOW NO COMPLAINTS OR NEGLIGENCE FROM OUR PATRONS, OR L'BOULEVARD CAFE EMPLOYEES AND ADMINISTRATION PERSONNEL. PLEASE BE ADVISED THAT DUE TO THE ECONOMIC REALITY OF OUR CITY, THE PEOPLE WHO LIKE THIS TYPE OF RESTAURANT ENVIRONMENT, INCLUDING A HIGH PERCENTAGE OF PEOPLE FROM THE DOMINICAN REPUBLIC, THEY ARE ABLE TO ENJOY IT ONLY FROM FRIDAY TO SUNDAY. THE REST OF THE WEEK DAYS THERE +02 '755 oL ADDENDUM TO TENANT LETTER OF INTENT TO APPEAL MAY 7, 2002 FROM: MARI13EL MARTINEZ PRESDENT EL PALACIO SPORT CAFE INC 3632-3634 NW 25TH AVE MIAMI, FL 33142 TO: PLANNING AND ZONING DEPARTMENT HEARING BOARD DIVISION ATTN: MARIA E. FARIA 444 SW 2ND AVE, 7TH FLOOR MIAMI, FL 33130 THIS IS TO REQUEST THAT THE FOLLOWING PEOPLE BE ABLE TO ADDRESS THE COMMISSION ON THIS ISSUE: MY HUSBAND, RAFAEL E. GARCIA , MY AGENT SANTOS GONZALEZ, AND MANUEL MUNOZ AS TRANSLATOR. THANK YOU SO MUCH. SINCERELY 0- "55 ANALYSIS FOR SPECIAL EXCEPTION 3632-3634 NW 25`b Avenue CASE NO. 2002-0537 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal to allow a mixed use to change from restaurant to Supper Club in C-2 "Liberal Commercial' zoned area has been reviewed as follow: Note: This Special Exception also encompass also the following special permits: Class II Special Permit to request a waiver of Guides and Standards to Omit and reduce a three (3) feet in the interior sides of the lot and five (5) feet width border in the periphery landscaped area. Class II Special Permit to request a waiver of Guides and Standards to omit four (4) parking islands. Class II Special Permit to request to alter the interior walls as per Article 11, Section 1106.1 of Ordinance 11000. The following findings have been made: • It is found that the structure in which the new use is proposed consists of an existing one story commercial building along NW 250, Street between NW 36th and 37th Streets near the north edge of the city limits. • It is found that the subject property consists of an existing legal non -conforming structure with fifty-two (52) parking spaces on site and it is also found that the proposed use is an appropriate adaptive reuse for the mixed-use one story structure. • It is found that (with the exception of the requested parking variance) the subject proposal has been reviewed and found in compliance with the criteria as set forth in section 1305 of Zoning Ordinance 11000. • It is found that upon compliance with conditions set forth below, this project will not have any adverse impacts on the surrounding area. Based on these findings, the Planning and Zoning Department is recommending approval of the application with the following condition: 1. 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N.WC�—� IMINOR 11ON WIN o� MIN®R, 1111 SIMON 131011133 RUN om- e.� 31 tl 511 aauoca'e154MM, 16 17 19221 22 2 ST r 78 11 lel16 IS Q 12 x II 6 10 zz� � a z 9 s ,. 1 43 f � . 2 1 "e a 20 Z4. ZZ 2 1 m Re 27 1 . �Ie 13 N Is 12 a 10 F ;$7 KENLEN SUB: - rR.a 20 ii 20 \ I ' 1712 le 1 I =e is IS Ia �e '3 9 toe e.f. 7 �r • W N. w w 16 1.16 b —N.W. M 21 e Miami Zoning Board Resolution No.: 2002-0567 Monday, April 22, 2002 Mr. Fredric B. Burns offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SUPPER CLUB FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3632-3634 NORTHWEST 25TH AVENUE, LEGALLY DESCRIBED AS LOTS 1, 2, 3, 13, 14 AND 15, RO-ED SUBDIVISION (47-4), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL. Upon being seconded by Mr. Juvenal Pina, the motion was passed and adopted by the following vote: Mr. Fredric B. Bums Yes Mr. Charles J. Flowers No Mr. Joseph H. Ganguzza No Mr. Charles A. Garavaglia No Ms. Ileana Hernandez -Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Away Mr. Georges Williams Yes AYE: 6 NAY: 3 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 6-3 Case No. 2002-0537 Teresita L. Feman ez, Executive Sec ry Department of Planning and Zoning Hearing Boards Division Item Nbr: 9 02- '755 ��� off; •,. !ley<A11 WA . * IMC••► 0•l1iE• ' *' PLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW 2nd Avenue, 7'" Floor • Miami, Florida 33130 Telephone 305416-1480 • Fax 305-416-2035 APPLICATION FOR SPECIAL EXCEPTION ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. RECORDATION COST FOR THE RESOLUTION IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Planning and Zoning Department for his/her recommendations and the Director shall make any further referrals required by these regulations. 1, MARIBEL MARTINEZ, ON BEHALF OF EL PALACIO SPORT CAFE INC, ,LEASEE hereby apply to the City of Miami Zoning Board for approval of a Special Exception for the property located at 3632-3634 NW 25th AVE, MTAMT . FL 33142 , folio number 01-3122-050-0020 . Nature of proposed use (please be specific): SPECIAL EXCEPTION TO CHANGE OPERATION HOURS FROM CURRENT. 7:00 AM - 3:00 AM TO NEW SCHEDULE: 7:00 AM - 5:00 AM WITH KITCHEN SERVICE AT ALL TIME 1. Three original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Two 11x17" original plans and one 24x36" original plan, signed and sealed by a tate o Florida Registered Architect or Engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 02- 755 4 3. Plans need to be stamped by the Hearing Boards Division first and then signed by Public Works, Zoning and Planning prior to submission of application. 4. An 8 Y2 x 11" copy of the signed plans attached to this application. 5. An 8'/z x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 7. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of property covered by the application (see pages 5 and 6). 8. At least two photographs that show the entire property (land and improvements). 9. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Cost of processing according to the City Code: Special exception $ 800.00 Special exception requiring automatic city commission review =2,000-00 Extension of time for special exception $ 500.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from the applicant or a property owner within five hundred (500) feet of the subject property. Signature �kp Name MARIBEL MARTINEZ Address 2147 NW 27th AVE MIAMI, FL 33142 Telephone ( 30 5) 318-4 74 8 Date JANUARY 4th, 2002 K 02- 755 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this 4th day of JANUARY 2002 ,by MARIBEL MARTINEZ of EL PALACIO SPORT CAFE, INC a FLORIDA corporation, on behalf of the corporation. He/She is personally known to me or has produced ILA.Personally as identification and who i no ake an oath. nown g? (Stamp) signature SANTOSGONZALEZ Maribel Martinez S MYCOMMISSION#CC868004 President ' OOr bo EXPIRES: Aug 31, 2003 1140(t,�ARY Fla Notary Service 3 Bonding Co. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was ackngwledged beforg rhe this4zz7 day of .4 20,0 / , by lel A lL c €L IY1 (a A, �+ Irl E 3r— partner (or age on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. SANTOS GONZALEZ ry MY COMMISSION # CC 868004 EXPIRES: Aug 31, 2003 (Stamp) I-OW-V40TARY F1a.NotryServioe3BorAVCo Signature 7 Sia AFFIDAVIT Before me, the undersigned authority, this day personally appeared MARIBEL MARTINEZ AW who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, t including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. EL PALACIO SPORT CAFE INC Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE `i r Applicant Signature MARIBEL MARTINEZ PRESIDENT The foregoing instrument was acknowledged before me this 4th day of JANUARY 20 o2 , by MARIBEL MARTINEZ of EL PALACIO SPORT CAFE INC a FLORIDA corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who I no a an SANTOS GONZALEZ (Stamp) ,� � MYCOMMiSSION CC868ON Signature 'AdgrplP EXPIRES: Avg 31, 2003 1 lO63N0711RY Fla Navy 3�rvla 8 BaW np Co. 0 14,155" OWNER'S LIST Owner's Name VENTURE POINT PROPERTIES, INC 2050 CORAL WAY, STE 511 Mailing Address MIAMI. FL Zip Code 33145 Telephone Number (3 0 5) RO-ED A RESUB - P.B. 47-4, LOTS 1 TO 3 INC 13 TO 15 Legal Description: INC BLCK 1 LOT SIZE IRREGULAR OR 18647-4118-0699-1 Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description Street Address Street Address Legal Description Legal Description 4 02- 755 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: RO-ED A RESUB P.B. 47-4, LOTS 1 TO 3 INC 13 TO 15 INC BLCK 1 LOT SIZE IRREGULAR OR 18647-4118-0699-1 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. VENTURE POINT PROPERTIES 100% FRANK HERNANDEZ OWNERSHIP: 100% 4711 TAMIAMI TRAIL MIAMI, FL 33134 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. NIR Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Attorney or Owner Signature PRESIDENT / DIRECTOR VENTURE POINT PROPERTIES INC The foregoing instrument was acknowledged before me this 4th day of JANUARY 20 02 , by FRANK HERNANDEZ of VENTURE POINT PROPERTIES, INC a FLORIDA corporation, on behalf of the produced corporation. He/She is personally known to me or has as identification and who did (did not) take an oath. ErIOW70PIRES; TOS GONZALEZ (Stamp) MMISSION*CCg6M Signature Aug 312003 Nw ySariM& Co. CERTIFICATE OF CORPORATE RESOLUTION OF EL PALACIO SPORT CAFE, INC THE UNDERSIGNED officers and directors of EL PALACIO SPORT CAFE, INC., a Florida Corporation, hereby certify that the following Resolution was adopted by the Directors of the Corporation in accordance with the By -Laws of the Articles of Incorporation at meeting held on the 2ND Day of JANUARY, 2002 RESOLVED. That the Corporation is authorizing Maribel Martinez to sign Application for Special Exception to change the business hours of operation from the current 7:00 AM to 3:00 AM schedule to 7:00 AM to 5:00 AM and request a variance for 16 parking spaces, as well as to answer any questions related to this issue. Due to the fact that she does not speaks English, she will be able to use Manuel Mufioz as a traslator in all matters related to the hearing explanation and needs. I FURTHER CERTIFY that said Resolution is still in full force and effect and has not been rescinded or modified. Dated: January 2nd, 2002 BY:. Maribel Martinez Secretary 06)- 755 CERTIFICATE OF CORPORATE RESOLUTION OF VENTURE POINT PROPERTIES, INC THE UNDERSIGNED officers and directors of VENTURE POINT PROPERTIES, INC, a Florida Corporation, hereby certify that the following Resolution was adopted by the Directors of the Corporation in accordance with the By -Laws of the Articles of Incorporation at meeting held on the 2ND Day of JANUARY, 2002 RESOLVED. That the Corporation is authorizing Maribel Martinez, Leasee for premises located at 3632-3634 NW 25th Ave, Miami, FL 33142, to sign Application for Special Exception to change the business hours of operation from the current 7:00 AM to 3:00 AM schedule to 7:00 AM to 5:00 AM, and a variance for 16 parking spaces, as well as to answer any questions related to this issue. I FURTHER CERTIFY that said Resolution is still in full force and effect and has not been rescinded or modified. Dated: January 2nd, 2002 LANDLORD: VENTURE POINT PROPERTIES, INC 0 6i — 5 r` 0, 9y fuer � DOCSTPOEE 2450.00 SURTX IVIRVEY RWIHP CLERK DADE "'N -01- [Space above Bm reserved for lecorc&v STARJTORY WARRANTY DEED -:48y of June 1999, between Carolyn F. Luck, as Trustee !QM K4 Trust Agreement dated the 2nd day "'P a PWdda corporation, whose post office �145,'Grantee: and in corisid owdonafthesumot $10.00 and other valuable coiderations. in' t whereof is hereby acknowledged. 'roe has granted, �:,:. .. ; ' bargaine�:and `sold Yo Grantee: its: heirs and assigns forever, the following described land, to wit: -.1ots.4,2, 4,4304and.15, in.8lock 1. RP - .0 SUBIDIVISM, according to the Plat '47, at Pa I ge 4, of the Public Records of Va&mi-Dade S C -T -yam; conditions, limitations,subse� nen'.0M.. of record which are not reimposed by this instrurr A. "zo '64. iid -governmental regulations, if any; and purchase y`: tlrstftc".a. .:.'&:...""-iiiiiiihivirwfthinfvmof&ammmct securing In -won. ffi Note the "' principtil siirn of 3340.000.00. 7NAr THE SUBJECT mtopmry is Noma HER 1QWTP9P.#WjW140AfESTE4D 0FANYMEMBSR OFHER FAMILYAND AS NOT CON77G000STO?WGRANTORSHOA2Es7FAD THEGIUNTORREPREswnrHAT SHE RESIDES AT 1800 NE 114TH STREET; UNIT 2206, NoRTHWL4WI, FL 33161. AND. Grantor does hereby fully warrant the fide to said land and will defend the same against the lawful claims of an persons whomsoever. NESS fiffEOF, Grantor has signed and sealed these presents the day and year first Va. Carolyn F. Luck"Irrustee of the CARCZYN F. F. LUCK FEVOCA13LE TRUST under unrecorded Print Of Trust Agreement dated January 2, 1992 1800 NE 114th Street Unit #2208 Miami, FL 33161 Ptint ruraa of VAVWU STATE OF FLORIDA COUNTY OF MIAW"ADE The foregoing instrumM was acknowledged before me this -Lty of June, 1999, by Carolyn F. Luck, as Trustee of the Carolyn . Luck Revocable Tnj*t urKkw unrecorded Trust produced Agreement dated January Z 199Z who to is personally kno" ZZ'o, 8301" My commission expi ILEANA NAvAmo (674113i" 1t CC 790939 &*ft 14X 2.2063 SONOW ?RAU Notary ftbro—State of Florida — XEAW NAVARR. Print name of rotary public 10 10WWO0MM- ftLM*0Q' 'JECOMve"Wo H*VEY MW rlrWrCDrIRr a 02- 7r5 3632 N W 25 AVENUE C-2/LIBERA.L COMMERCIAL SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Scheduled District Regulations, to allow a mined use to change from restaurant to Supper Club. VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, required parking. Required 68 parking spaces Proposed 52 of the existing 53 parking spaces Request to waive 16 parking spaces Class II Special Permit to request a waiver of Guides and Standards to omit and reduce a three feet in the interior sides of the lot and a five feet width border in the periphery landscaped area. Class II Special Permit to request a waiver of Guides and Standards to omit four parking islands. Class II Special Permit request to alter the interior walls, reference Article 11, Sec 1106.1. 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