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HomeMy WebLinkAboutR-98-0104J-98-82(a) 1/27/98 98-� 104 RESOLUTION N0. A RESOLUTION, WITH ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A SUPPER CLUB AT AN EXISTING RESTAURANT ("SLOPPY JOE'S"), FOR THE PROPERTY LOCATED AT 3131 COMMODORE PLAZA, MIAMI, FLORIDA, SUBJECT TO (1) A TIME LIMITATION OF TWELVE (12) MONTHS DURING WHICH TIME A CERTIFICATE OF USE AND BUILDING PERMITS MUST BE OBTAINED, (2) THE APPROVAL SHALL RUN WITH THE PRESENT OPERATOR ONLY AND ANY CHANGE SHALL REQUIRE A NEW SPECIAL EXCEPTION, (3) THE APPLICANT SHALL SUBMIT A PARKING INCENTIVE PROPOSAL AND ASSURANCES THAT THE PARKING SPACES ACROSS THE STREET (UNDER THE SAME OWNERSHIP) WILL BE MADE AVAILABLE TO PATRONS OF "SLOPPY JOE'S", FOR REVIEW AND APPROVAL OF THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF USE AS A "SUPPER CLUB", (4) THE APPLICANT SHALL COMPLY WITH ALL REQUIREMENTS OF THE SIDEWALK CAFE PERMIT ISSUED TO THE PROPERTY AND THE PERMIT FEE PAYMENTS SHALL BE RETROACTIVE TO SEPTEMBER 16, 1997, (5) ADMINISTRATIVE REVIEW IN ONE YEAR, AND (6) COMPLIANCE WITH ALL CONDITIONS AND SATISFACTION OF ALL OUTSTANDING CODE VIOLATIONS RECOGNIZED OR IMPOSED BY THE ZONING BOARD AND THE DEPARTMENT OF PLANNING. WHEREAS, the Miami Zoning Board at its meeting of November 17, 1997, Item No. 9, adopted Resolution No. 112-97 by a five to two (5-2) vote, granting a special exception requiring City Commission approval as hereinafter set forth; and yk ATTACHMENTS) CONTAINED CITY MbMS3ION MEETING OF JAN Z 7 1998 Resoluilon No. 98- 104 WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, requires City Commission approval of the special exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for special exception does meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the Zoning Board and grant the Special Exception; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board to grant 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 permit a Supper Club at an existing Restaurant ("Sloppy JOE'S") for the property located at approximately 3131 Commodore Plaza, Miami, Florida, Zoned SD-2 Coconut Grove Central Commercial, more particularly 2 98- 104 legally described as Lots 13, 14, 15, Block 2, COMMODORE PLAZA, according to the plat thereof, as recorded in Plat Book 18, Page 25 of the Public Records of Dade County, Florida, is hereby affirmed, and the Special Exception is hereby granted subject to (1)a time limitation of twelve (12) months during which time a Certificate of Use and Building Permits must be obtained, (2) the approval shall run with this operator only and any change in operator shall require a new Special Exception, (3) the applicant shall submit a parking incentive proposal and assurances that the parking spaces across the street (under the same ownership) will be made available to patrons of "Sloppy Joe's", for review and approval of the Planning Department prior to the issuance of a Certificate of Use as a "Supper Club", (4) the applicant shall comply with all requirements of the Sidewalk Cafe Permit issued to the property and the permit fee payments shall be retroactive to September 16, 1997, (5) administrative review in one year, and (6) compliance with all conditions and satisfaction of all outstanding code violations recognized or imposed by the Zoning Board and the Department of Planning. Section 3. This Resolution shall become effective immediately upon its adoption. 104 PASSED AND ADOPTED this 27TH day of JANUARY , 1998. XAVIER L. SUAREZ, MAYOR ATTEST: WALTER J. FOEMAN, CITY CLERK PREPARED AND A ROVED BY: YAMIYV MARRE O TREHY AS T C Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO L EDWARD MAXWELI I ERIM CITY ATTORNEY W2177:YMT:dsl Resolution No. 9 8 -10 4 Was vetoed by Mayor XAVIER L. SUAREZon January 27, 1998 at the Regular Meeting of the Miami City Commission. Since a four -fifths (4/5ths) vote of all Commissioners present is required to override a veto (pursuant to Miami Code Sec. 2- 36), the City commission upheld the vote notwithstanding the veto of the Mayor by a 4/5ths vote, with Commissioners Gort, Hernandez, Plummer & Regalado voting "Yes" and rnmm i c c i nn P r Tr�P l A "No" on the motion to override dated February 10, 19 9 8 voting . See Resolution No. __ O' - 18 $ b s - 104 for Commission override of veto. PZ_8 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Chairman and Members of the City Commission FROM: Jose Garcia -Pedrosa City Manager RECOMMENDATION DATE: FILE Appeal of Special Exception SUBJECT: for Supper Club at 3131 Commodore Plaza REFERENCES: City Commission Meeting ENCLOSURES: of January 27, 1998 It is respectfully recommended that the City Commission approve the attached appeal, thereby denying, the requested Special Exception which was approved by the Zoning Board for a Supper Club to be located at 3131 Commodore Plaza.. BACKGROUND The attached item is an appeal of a Special Exception for a Supper Club at 3131 Commodore Plaza (Sloppy Joe's) which was granted by the Zoning Board; the subject appeal has been filed by Abitare Condominium Association. Pursuant to new information which was provided to the Department of Planning and Development regarding outstanding code violations on the subject property, the original recommendation of approval is hereby being modified to a recommendation of denial based on the following findings: • It is found that the outstanding code violations have caused the subject proposal to be in non-compliance with the criteria set forth in Section 1305 of Zoning Ordinance 11000; the subject proposal is specifically in violation of compliance with the criteria for "Offstreet parking and loading" requirements and "Control of potentially adverse effects generally." These findings support the administration's position that the subject proposal is not in compliance with the criteria set forth in Section 1305 of Zoning Ordinance 11000 and should therefore be denied. JGP:Iys V, sR- 104 ZONING FACT SHEET Case Number: 1997-0056 17-Nov-97 Item No: 9 Location: 3131 Commodore Plaza Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Commodore Partners, L.C. Manuel Alonso-Poch, Esq. 2100 Ponce de Leon Blvd, Suite 1170 2100 Ponce de Leon Blvd., Suite 1170 Coral Gables, FL 33134 Coral Gables, FL 33134 App. Ph: (305) 448-4053 Rep. Ph: (305) 448-4053 ext Rep. Fa U — ext Zoning: SD-2 Coconut Grove Central Commercial District Request: Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 602.4.1, Principal uses permitted on ground floor frontage of primary pedestrian pathways, to permit a supper club at an existing restaurant ("Sloppy Joe's") ; zoned SD-2 Coconut Grove Central Commercial District. Recommendations: Planning and Development: Approval with conditions Public Works: No comments. Plat and Street Committee: N/A Dade County Transportation: No comments. Enforcement History, if any C.E.B. Case No N/A Last Hearing Date Found: N/A Violation(s) Cited: Please see Exhibit "I" Ticketing Action: NIA Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order Date CEB Action: 98- 104 ZONING FACT SHEET Case Number: 1997-0056 17-Nov-97 Item No: 9 History: Analysis: Please see attached. vote: 5-2 Zoning Board Resolution No: ZB 112-97 Zoning Board: Approval with conditions Appellant: Harvey E. Cohen, President, Abitare Condominium Association z EXHIBIT I CODE" -ENFORCEMENT ADDRESS: 3131 COMMODORE PLAZA I. CASE NO.: 97-16711 VIOLATIONS: WORK COMPLETED WITHOUT A PERMIT, BUILDING AND/OR ROOFING, ETC.; ERECTION, CONSTRUCTION, POSTING, ETC. OR A SIGN WITHOUT A PERMIT. STATUS: OPEN/NON-COMPLIANCE HISTORY: SCHEDULED TO BE HEARD ON 1128/98, BY CODE ENFORCEMENT BOARD. II. COMPLAINT NO.: 9800749 VIOLATION: FAILURE TO PROVIDE REQUIRED OFF-STREET PARKING. STATUS: OPEN/NON-COMPLIANCE HISTORY: TICKET WARNING LETTER SENT ON 1/15/98. 98- 104 Zo, Angela George !ADBD ] SECURITY [ ] ACTION [L] SCR [ ] MOD [ ] +/- [+ ] PAGE 1 !97167111 ! ] COMPLAINT TRACKING MODULE !97167111 (35) BOARD MAINTENANCE SCREEN COMPLAINT: [97167111 TICKET [ ] BOARD: C $5000 FLAG: N LIEN FLAG: OWNER NAME: COMMODORE PARTNERS INC STAT: 0 NC CERT LIEN: EXACT ADDR: 3131 COMMODORE PLZ NET: 11 PEND LIEN: ASSIGNED: Z GJR GILDA J. RODRIGUEZ REF NO: CERT BY: CASE NO [97167111 HEARING DATE [012819981 OUTCOME [ ] APPEAL: [N] DATE [ ] DEADLINE [ ] PER DIEM: 0.00 2ND PARTY NAME:[MANUEL ALONSO-POCH ] CAP: 0.00 ADDR [2100 PONCE DE LEON BLVD ] DADE CNTY LIEN: BOOK [ ] [SUITE 1170 ] [ ] FROM PAGE [ ] REMARKS: CITY [CORAL GABLES ] STATE [FL] ZIP [33134 ] TO PAGE [ ] [ ] ADMIN BOARD CALC TOTAL PER FEE COST EXPENSES FINE PER DIEM DIEM ADJ CURR BALANCE: 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DUE: 0.00 PRESS <XMIT> TO CONTINUE Window BZWIN/l at PRODUCTION 22 1 Pg=1 FORM RCV LTAI Date: 1/16/98 Time: 9:17:54AM 98- 104 zc Angela George !ADIN ] SECURITY [ ] ACTION [I] SCR [ ] MOD [ ] +/- [- ] PAGE 1 !97167111 !08] COMPLAINT TRACKING MODULE (32) RECORD INSPECTION ACTIVITY SCREEN COMPLAINT NUMBER: [9716711] TYPE: 517 BOARD: C COMPLY DUE: 12/17/1997 EXACT ADDRESS: [3131] [ ] [COMMODORE ] [PLZ ] [ ] APPROX ADDR: [ ] ROW: [N] NET: [11] STATUS: 0 NC FOLIO: 4121-047-0440 / 0000 REFERRAL AGENCY: [ ] $5000 FLAG: [N] TOTAL DUE: 00.00 TRNSFD: N ACTIVE VIOLATIONS FOR COMPLAINT SEL REF NO DESCRIPTION COMPLIED TICKET NO [ ] [1504] Work completed without a permit, buildin [ ] ! ] !15041 [ ] [1564] Erection, construction, posting, etc. of [ ] ! ] !15641 SCHEDULED INSPECTOR INFORMATION SEQ NO [08] DIVISION [Z ] SUBDIV [ ] INSPECTOR [GJR] SCHEDULE DT: [011419981 FROM [ ] : [ ] TO [ ] [ ] DATE [01141998] NEXT COMPLY DATE [12171997] INSP TYPE: [OF] OFFICE WORK (REMINDER) STATUS: RESULT [ ] COMMENTS: [ ] MAINT DATE BY [ ] 12/18/1997 GJR [ ] OVERRIDE: [ ] NEXT: DIV [ ] SUBDIV [ ] INSPCT [ ] DATE [ ] TYPE [ ] SEQ NO RECORD FOUND... PLEASE CONTINUE Window BZWIN/l at PRODUCTION 22 1 Pg=1 FORM RCV LTAI Date: 1/16/98 Time: 10:17:59AM Angela George !ADVI ] SECURITY [ ] ACTION [L] SCR [ ] MOD [ ] +/- [- ] PAGE 1 !98007491 !15471 COMPLAINT TRACKING MODULE (33) !T ] VIOLATION MAINTENANCE SCREEN COMPLAINT NO: [98007491 TYPE: 519 STAT: 0 NC BOARD: [T ] CASE NO: REF NO: [1547] COMPLY DUE 02/02/1998 COMPLIED DATE ( ] TKT TIME ADDRESS: E- 3131 COMMODORE PLZ TKT DATE TICKET NO: TICKET FINE: MAINT BY: GJR DATE: 01/15/1998 STATUTE: Z DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 01/15/1998 VIOLATION DESC: Failure to provide required off-street p STATUS: [A] arking. LEGAL DESCRIPTION: 21 54 41 PRIM: SD2 COMMODORE PLAZA PB 18-25 SD1: LOTS 13-14 & 15 BLK 2 <MORE> OVERRIDE: [ ] CUSTOM VIOLATION / CORRECTION TEXT CLARIFICATION: [ ] [ ] [ ] [ ] CORRECTION: [ ] PRESS <XMIT> TO CONTINUE Window BZWIN/l at PRODUCTION Date: 1/16/98 Time: 9:20:26AM 22 1 Pg=1 FORM RCV LTAI 98- 104 2a Angela George !ADLR ] SECURITY [ ] ACTION [L] SCR [ ] MOD [ ] +/- [- ] PAGE 1 !98007493 !TWL ] !011 COMPLAINT TRACKING MODULE !98007491 (34) DOCUMENT MAINTENANCE SCREEN !00000001 !00001 COMPLAINT: [98007491 ADDRESS: 3131 COMMODORE PLZ COMPLAINT TYPE: 519 ASSIGNED: Z GJR GILDA J. RODRIGUEZ STATUS: 0 NC OWNER NAME: COMMODORE PARTNERS INC COMPLY DUE: 02/02/1998 MAILING ADDR: 2100 PONCE DE LEON BLVD #1170 ROW: N NET: 11 CORAL GABLES FL FOLIO: !412104704401 / !00001 DOC TYPE: [TWL ] PRINT LOCATION: [11] SEQ: [01] DOC DATE: [01151998] SERVICE TYPE: [C] SERVICE DATE: [ ] STATUS: [A] PRINT FLAG: [N] BOARD: T CASE NO: [ ] HEARING DATE: [ ] TICKET: [ ] REF: [ ] TKT DATE: [ ] TKT TIME: [ ] APPEAL DEADLINE: 2ND PARTY NAME: [MAUEL ALONSO-POCH ] ADDR: [2100 PONCE DE LEON ] [SUITE 1170 ) CITY: [CORAL GABLES ] STATE: [FL] ZIP: [33134 ] STATUS DATE: 01/15/1998 BY: GJR MAINT BY: GJR COMMENTS: [ ] [ ] [ ] PRESS <XMIT> TO CONTINUE Window BZWIN/l at PRODUCTION 22 1 Pg=1 FORM RCV LTAI Date: 1/16/98 Time: 9:20:58AM 2,� bitare Condominium Associat' i 3495 Main Highway Coconut Grove, Florida 33133 November 24, 1997 VIA FED -EX r- Ms. Teresita Fernandez Chief Officer, Hearing Boards 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33128 Re: Appeal of Zoning Board Decision Hearing of Monday, November 17, 1997 Agenda Item 9 9 Sloppy Joe's Restaurant 3131 Commodore Plaza Miami, Florida 33133 Dear Ms. Fernandez: Please be advised that I wish to appeal the decision of the Zoning Board in "the above -styled cause. The reasons why I believe the decision of the Board should be overturned are as follows: 1. Misleading statements made by Applicants to the Board which include, but are not limited to: The Applicants stated they had not received any complaints on the operation of their business. As evidenced by the testimony of Ellie Haydock, NET Administrator, a meeting was held on 11/17/97 in which 9 citizens expressed their numerous complaints and concerns regarding Sloppy Joe's. Present at that meeting were the Assistant City Attorney, and Manny Alonso-Poch. 2. Conveniently for the Applicants, Lt. Colombo was not available at the Zoning Board Hearing to provide relevant information on criminal incidents at the restaurant. There have been numerous police report incidents involving patrons of the restaurant, including an incident where a young college student was knocked unconscious and hospitalized. 3. I do not believe proper weight was given to the numerous opponents to this Special Variance, including many representatives of homeowners and civic 98- 104 3 3. I do not believe proper weight was given to the numerous opponents to this Special Variance, including many representatives of homeowners and civic groups in the surrounding neighborhoods. As stated by Chairman Morales earlier at the hearing, the Board's function is to protect the citizens of Miami. In fact, they have a duty to do so, and I believe in this instance they have failed. 4. As of the date of this letter, Sloppy Joe's is still operating without proper permits for their existing license. If they are so neighbor and family oriented, as evidenced by their testimony, then they would not put the public and their patrons in danger, Currently they are not up to the applicable fire codes, do not have a permit for their sidewalk cafe, and continue to serve liquor to young people who end up passed out, vomiting or urinating in the neighborhood. For these reasons, I ask that you schedule an appeal of the Zoning Board hearing of Agenda Item #9 to the City Commission. A complete package of evidence, and petitions from area residents and business owners will be supplied to the Commission prior to the scheduled appeal. Thank you for your consideration in this matter. Sincerely, Harvey E. Cohen President, Abitare Condominium Association 3495 Main Hwy.. Coconut Grove, FL 33133 Wk: (305)949-3900 Hm: (305)443-3167 cc: Mayor Xavier Suarez Miami City Commissioners Asst. City Attorney Yamile M. Trehy Mr. Henry Crespo ( -red the following Resolution an loved its adoption. RESOLUTION ZB 112-97 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE -NO. 11000, AS AMENDED, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4.1, PRINCIPAL USES PERMITTED ON GROUND FLOOR FRONTAGE OF PRIMARY PEDESTRIAN PATHWAYS, TO PERMIT A SUPPER CLUB AT AN EXISTING RESTAURANT ("SLOPPY JOYS) FOR THE PROPERTY LOCATED AT 3131 COMMODORE PLAZA LEGALLY DESCRIBED AS LOTS 13, 14, 15, BLOCK 2, COMMODORE PLAZA (18-25) PUBLIC RECORDS OF DADE COUNTY; ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A CERTIFICATE OF USE MUST BE OBTAINED AND IT SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE APPROVAL SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGE IN OPERATOR SHALL REQUIRE A NEW SPECIAL EXCEPTION SO THAT THE PLANNING DEPARTMENT HAVE THE OPPORTUNITY TO REVIEW THE PROPOSAL INDIVIDUALLY. 2) THE. APPLICANT SHALL SUBMIT A PARKING INCENTIVE PROPOSAL AND ASSURANCE THAT THE PARKING SPACES ACROSS THE STREET (AND UNDER- THE SAME OWNERSHIP) WILL BE MADE AVAILABLE TO PATRONS OF THE PROPOSED FACILITY, SAID SUBMITTAL SHALL REQUIRE THE REVIEW AND APPROVAL OF THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF A CERTIFICATE OF USE AS A "SUPPER CLUB". 3) THE APPLICANT SHALL COMPLY WITH THE ISSUANCE OF A SIDEWALK CAFE PERMIT IN ACCORDANCE WITH THE REQUIREMENTS OF THE PUBLIC WORKS DEPARTMENT AND THE PERMIT FEE SHOULD BE RETROACTIVE TO SEPTEMBER 16, 1997. Upon being seconded by Ms. Ileana Her=dez C'.e motica was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales Messrs. Barket & Crespo NAYES: Messrs. Gibbs & Obregon ABSENT: Ms. Cuervo Mr. Moran-R.ibem Ms. Fernandez: Motion carries 5-2 Teresita L. Fernandez, Chief Office of Hearing Boards November 17, 1997- Item #9 Zoning Board 98- 104 5 I :Hove that the request on agenda it � ranted in that the requirer t3 of Section 2"305 b �r(denied) no satisfied by relevant ev ice in the record of the) (were hearing. public a) as stated in the City•s findings of fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: The Zoning Hoard, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2303, (have) (have not) boon mot. Circl,o aoorvPriate conditions 1303.1 rnares and saress Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 1305.2 Offstreet Parkiaa and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. .z 1303.3 Seth and samice area. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Sion and liadtiaa. Ous consideration shall be given to the number, size, character, location and orientation of proposed signs, and of proposed lighting for signs and pre LLses, with particular referents to -traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 58- 104 7 1305.5 Utilities. Due consideration shal a given to utilities required, with ?articular reference to availability and capacity of systems. Location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainaoe Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systams in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall b* given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other re"dial measures. 1303.7 preservation of natural feetusee. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. in addition to consideration of detailed elements indicated above, as appsopsiato to the particular Class or kind of special permit Sad this ciseumstances of this particular case, due consideration shall be given to poteatiallr adverse► effects generally on a410404 sad nearby prop*stiee, this area, the neighborhood, or the City, of the us* or oeeapaMY as proposed, or its location, Constsuetion, design, character, seal* or manner of operation. where such potentially adverse Otte* A are found, consideration shall be given to special remedial Measures appropriate in the particular circumstances of the case, including screening or battering, landscapingo control of srnner or hours of operation, alteration of use of such spa**, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimised to the maxisus extent reasonably feasible, and that the us* of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of this value 'Of - nearby property. tit),7197 Date q item ANALYSIS FOR SPECIAL EXCEPTION 3131 Commodore Plaza CASE NO. 1997-0056 Pursuant to Article 6, Section 602.4.1. of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal to allow a supper club at an existing restaurant in the SD-2 Coconut Grove Central Commercial Zoning Districts has been reviewed as follows: The following findings have been made: • It is found that the proposed use is appropriate for its location along a commercial corridor in the SD-2 zoning district; it is also found that the proposed use is in scale and character with the surrounding area. • It is found that, as presented, the lack of "on -site" parking could have an adverse effect on the surrounding area for this particular use due to the late hour in which the patrons will be returning to their "off -site" parking accommodations; this situation could be remedied by the applicant ensuring that the existing parking spaces across the street (under the same ownership) are utilized by the patrons of the subject property and that further, an incentive for the patrons to utilize these spaces is created. • It is found that, with the exception of parking (which has been addressed in the finding above and through the condition listed below) the proposed use, at the subject location and by the proposed operator, is in compliance with all remaining criteria as listed in Section 1305 of Zoning Ordinance 11000. Based on these findings, the Department of Planning and Development is recommending approval of the proposed supper club use with the following conditions: 1. This approval shall run with this operator only; any change in operator shall require a new Special Exception so that the Planning Department have the opportunity to review the proposal individually. 2. The applicant shall submit a parking incentive proposal and assurance that the parking spaces across the street (and under the same ownership) will be made available to patrons of the proposed facility, said submittal shall require the review and approval of the Planning Department prior to the issuance of a Certificate of Use as a "Supper Club". 98— 104 9 O z A v E. 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R"�• n u MDT ' 7MTi 1 OIIOV s LIME CT.D • LEMDNt p f • , TREE VI w / .to • qu .4P ©. . `•s, , ft. �• .A: VE $ne TR s ,Q, •4 t wuonT s A7 • J 9°� ♦ G�GQ� Q MF 1 V In -A F : s. s•„• p u a 30 y• i1 s r 2 Tl6 Q, O 2 r, . • q� _ 0P Q p� ,. 2! 10 Irf �� QQ AV T41kc IT *1 porn • 9 .o` // 11 l • 11 •. s 1 = 3 It •' / f- •w• 4~� c • • , CAMP 12 q 4 w•IT «sr 1 c �' ° s �/ •: Ir w BISCAYNE � O s 7 'Rp r D 2315 \ .� `. 21 <11 ti Of 0 ,,�,,► 4 rT ♦ • 19 '��`'��•' • 104 I w 1 � 9R- 104I 3 APPLICATION FOR SPECIAL EXCEPTION File Number _ within the city generally. or within certain toning districts, certain structures. uses. and/or occupancies specified in this ordinance are of a nature requiring special and intensity review to determine whether or not their should be permitted in specific locations, and if so, the special limitations. conditions, and safeguards which should Oe applied as reasonably 'eeessary 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 judgement of the Zoning hoard be exercised in making such determinations, in accordance with tft rules, considerations and limitations relating to. Special Exceptions. (See Article 16) Formal public notice and hearing. Is mandatory for SOecial Exception. the Zoning hoard shall be solely r08PemsW We for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Depertmant of Planning, Building and Zoning for his recommendations and the director shall make amp further referrals required by those regalations. IManuel Alonso—Poch., apply to the City.'of Nliaal jening board for approval of a Special Exception for property located at .3131 Commodore Plaza Coconut Grove, Eforida 33133 ihatore of Proposed use (ft specific) Supper Club .. In support of this application, the following material is submitted: two copies of a sunray of the proparty prepared by a State of Florida Registered Land 3WV% r. 2. Four copies of: the site P140 sharing (a reouired) proPeriy boundaries, existing (i♦ any) and proposed struetureW , parting, landscaping etc; building olevatioms and dimensions and compmtatiens of lot area and building spocing. X 3. Affidavits disCiosing WOMMp of Pro"M eanered by application and disclosurs of ingest form (attach to application). X :. Certified list of owners of real estate within a 379-foot radius of the outside b"MUMp of property covered by the application. X S. At least two 0etegr4p1W that ON the entire P1QW ty (land and im 0v*- Ments). 6. other (Specify) XX „ 7. Fee of S * to apply toward the cost of prom ing: 9s- 104 /.5 vv .. .—I --- �— I I I --.v. I � i I I Ur I Iu-1 14 ncn� 4, `IU L7LJ I U 744Jb7kJJ r. V�J Special Exception .......................... $60.00 Surcharge Mal to applicable fee from item above, not to exceed six hundred and fifty dollars (MO) except from agencies of the city; such Surcharge to be refunded to the applicant if then is no appeal from a property owner within three hundred and seventy -fire (37S) feet of the subject property. (city code - Section 6141) n Signature or �L Maher Manuel *lonso-Poch Address 2100 Ponce de Leon Blvd., Ste. 1170 Coral Gables, on a 34 ph" (305) 448-4053 STATE OF nNIOA) SS: CMII Of OAK } Manuel Alg Gn—Poch being duly sworn. dmmm emd sass that he is the (Owner)(ftV%Mted Agent of Omer) of the real property dascribM to aasuar to Oration /1 aban; that he has read the ferageing answers and that the saw era true aM• eamplete; and (it acting as sW fer w may) that he has authority to tlhjsl patitism on behalf of the armor.7119" / / Ak- U1.69 • tomer SNm " An SO> mim ' before = this dq of mary WIC, State of Florida at Um PV cowuion Empires: pon Cr.'32 D(PIRES Oa 10. 2= �OFP� l� +u aw v yc34Sdy0� P.04 AFFI0AVIT STATE OF FLORIDA ) } Ss COU11TT OF OW } Before one. the undersigned authortty, this dap personalty appeared Manuel Alonso-Poch , who being by of first duly sworn, upon oath, deposes and saps: 1. That lie is the owner, or the legal r!p.% antative of the owner, submitting the accompanying application for a public hearing ranuirad by Ordinance 11000 of the Code of the City of NUM, Florida, affecting the real property located in the City of Mimi, as- described used listed of the pages attached to this affidavit and safe a part thereof. 2. That ail owneis which he represents, if a w. hare ghee their fu11 and cospleto permission for his to act in their Waif for the dwW or wodffica- tfon of a classification or regulation of zoning as set out in, the accompanying petition. 3. That the paps attached hereto and nede a Pvt of this affidavit contain the current nawo, wiling addresses, phone m km and legal dam chow: for the the real pow tp of which he is the owner or legal repras"tative. t. the facts as represented in the application add decvaants svbwitted in conjunction with this affidavit are true and corr!ct. hrthtr Affiadt sayeth not. Sworn to and Subscrim before ae this 2 day ofvj w�V ' It � 1 Notary A*lfc. $tat* of Florida at Large NY Couission Empires: COMMMIS R LOPEZ �+ � *40 " ovaAXM= mOWSOGM 98- 104 /7 OWNER'S LIST Owner's Nme Commodore Partners, L.C. Nailing Address 2100 Ponce de Leon Blvd., Ste. 1170, Coral Gables, FL 33134 Telephone Number (3 0 5) 4 4 8- 4 0 5 3 Legal Description: Lots 13, 14, 15, Block 2, COMPiODORE PLAZA, PB 18, PG 25 Owner's NMe Mailing Address Telephone Number Legal Description: Owner's Now Mai ling Address Telephon! Nus�ber Legal Description: Any other reel estate property vaned individwlly, jointly, or soesrelly (by corporation, partnership or privately) within Sn feet of the suyect site is listod as follano. Street Address Legal Description 3108 Commodore Plaza Lots 18, 19, 24, Block 1, COMMODORE PLAZA PB 18, PG. 25 Street Address Street Address U-041 Description Legal Description 9R- 104 19 DISCLOSURE OF NKRSRIP I. Legal description and street address of subject real property: 3131 Commodore Plaza, Coconut Grove, Florida 33133 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 ee-quires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, requast or petition to the City Commission. Accordingly, Westion 02 requires disclosure of shareholders of corveration, beneficiaries of trusts, and/or my other interested parties, together with their addresses and proportionate interest. Manuel Alonso—Poch 50% owner 2100 Ponce de Leon Blvd., Suite 1170, Coral Gables, FL 33134 Michael Halpern 50% owner 209 Duval Street, Key West, Florida NOne 3. Legal description and street address of any_ real property (a) owned by any party listed in o wr to question !2. and (b) located Mitma 375 feet of the subject real property. SPATE OF FLORIDA } SS: COMITY OF OAK } Manuel Alonso—Poch . befog drly sm", de}osas mild says that he is the (►cease hint) (Owaar) (Atte'ney for Omer) of the M1 property deseribod in answer, to question fl above; that he hoe rtN the foregoing ansiwrs aid that the saga are true and cowlete and (if acting as attorney for owner) that he hat wtherity to execute the disclosm of Orweralp fora an behalf of tht . n r"" L44-- (SF AL) or Attornq for Owner SYORN TO AND Im _ before as this 2 day o 19 Notary public. State of Florida at Large my C"ISSIiN1 Expian: ALDIS ROIL LOPEZ 1COAAMISSM • ccsVA62 a EXPIRES OCT 10. 4000 SONMINNOUGH oF> AnAhnc aoNoa+aco. Nc 98- 104 Z I WJCALL TRI-COUNTY for. RECORD AND RETURN TO AND THIS INSTRUMENT PREPARED BY: Craig D. Savage, Esquire Mamber, Savage & Singer, P.A. 801 N.E. 167th Street North Miami Beach, FL. 33162 Folio Nos. 01-4121-047-0180; 01-4121-047-0190; 01-4121-047-0230 & 01-4121-047-0440 WARRANTY DEED 97R295348 1997 JUL 02 15:25 DOC:STPDEE 7Y806.00 SURTX 59350.00 HARVEY RUVIN+ CLERK DADE COUNTY. FL THIS DEED, made this 27th day of June, 1997, between COUNTY NATIONAL BANK OF SOUTH FLORIDA, a National Banking Institution, whose address is 801 N.E. 167th Street, North Miami Beach, Florida 33162 as "GRANTOR" and COMMODORE PARTNERS, L.C., a Florida limited liability company, whose post office address is 2100 Ponce de Leon Boulevard, Suite 1170, Coral Gables, Florida 33134 as "GRANTEE". (Wherever used herein, the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations in hand paid to GRANTOR by said GRANTEE, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the GRANTEE the following described real property, and rights and interest in real property located and situated in the County of Dade and State of Florida, to wit: Lots 18, 19, and 24, "in Block 1, and Lots 13, 14, and 15, in Block 2, of COMMODORE PLAZA, a/k/a The Plat of Irving J. Thomas Company's Subdivision in the Town of Coconut Grove, according to the Plat thereof as recorded in Plat Book 18, at Page 25, of the Public Records of Dade County, Florida. SUBJECT TO: 1. Real property taxes for the year 1997 and subsequent years; and 2. Zoning or other regulatory laws and ordinances affecting the land; and 3. Easements, rights of way, limitations, reservations, covenants and restrictions of record. The GRANTOR does hereby fully warrant the title to all the premises hereby conveyed, and will defend the same against the claims of each and every person or persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA COUNTY OF DADE COUNTY NATIONAL BANK OF SOUTH FLORIDA, a National Banking Institution By: c Richard A. Kuci, Jr. Executive Vice President 801 N. E. 167th Street N. Miami Beach, FL 33162 [Corporate Seal] I HEREBY CERTIFY that on this 27th day of June,1997, before me, the undersigned authority, personally appeared Richard A. Kuci, Jr. Executive Vice President of County National Bank of South Florida, a National Banking Institution, to me known to be the person described in and who executed the foregoing instruments and he acknowledged before me/that he executed the same )He is personally known to me. {� I// , My Commission Expires: KEC:YtOEo w OFOCUK RECOOO8 D" ,F 040E CCU—, FLORIOA RECORo VEW4150 HARVEY RUVIN CLERK cIRC{AT COLRr p4� OFfOAL NOTARY SEAL O`PRv YYONNE M SMITH G ('- ('� COIOM6WN NUIMER CC598810 I Y CJ ` My COWASSION EXPIRES J: cv�� LzL NOV. 20.2000 98- 104 Z-5 Angela George ! LFT_Q] I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) FOLIO [412104704401 ADDRESS [3131] j ] [COMMODORE LEGAL: 1) 21 54 41 2) COMMODORE PLAZA PB 18-25 3) LOTS 13-14 & 15 BLK 2 LIEN NO TYPE STATUS DATE PAGE NO: !0001] ] [PLZ ] UNIT [ ] 4) LOT SIZE 75.000 X 103 5) OR 17699-0173 0697 2 (4) COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ ENTER ACTION [1 ] NO MORE RECORDS XMIT [ ] Window ARPSWIN/1 at PRODUCTION 9 6 Pg=1 FORM RCV LTAI Date: 10/7/97 Time: 8:18:36AM 98- 104 25 0 PZ - January 26, 1998 Miami City Commission Miami City Hall 3500 Pan American Drive Miami, Florida 33133 U Re: January 27, 1998 Commission Meeting Agenda Item No. PZ 8 '. D Appeal of Zoning Board Resolution #J-98-82(a) & J-98-82(b) Granting Sloppy lq�'s Restaurant a 5:00 A.M. Special Exception to Ordinance 11000, Article 6,- Section 602.4.1 Dear Commissioners: �I[� �LJ The undersigned residents of Coconut Grove are nosed to the issuance of a Special Exception that would allow liquor to be served until 5:00 a.m. at Sloppy Joe's Restaurant. Since the opening of Sloppy Joe's, our neighborhood has experienced, among other problems, the following: 1. Increased parking on our residential streets; 2. Increased criminal activities associated with the additional parking; 3. Increased traffic and motorcycle noise; 4. Excessive broken beer bottles and other litter; 5. People stumbling drunkenly about our streets in the early morning hours; and, 6. A man, naked from the waist down, in the middle of the street at 3131 Commodore on a recent Sunday evening. It is bad enough that many of us cannot get a good night's sleep, but having to endure an additional two -three hours of these activities is simply unacceptable. We believe the Zoning Board did not rule properly when they granted this 5:00 a.m. Special Exception to Sloppy Joe's. Specifically, please note the following: 1. The Applicants stated at the Zoning Board hearing that they had not received ay complaints on the operation of their business. As evidenced by the testimony of Ellie Haydock, NET Administrator, a meeting was held on October 23, 1997, at which over fifteen area residents expressed numerous complaints and concerns regarding Sloppy Joe's. Present at that meeting were the Assistant City Attorney Jose Fernandez, Lt. Colombo, and Manny Alonso- Poch, co-owner of Sloppy Joe's. 2. Conveniently for the Applicants, Lt. Colombo, the area net officer, was not available at the Zoning Board hearing to provide relevant information on criminal incidents at 98- 104 Sloppy Joe's. There have been numerous police reports on incidents at Sloppy Joe's, including an incident where a person was knocked unconscious and hospitalized. The following are police report numbers for incidents at 3131 Commodore Plaza: 2551089-W, 2552125-W, 2602108-W, 2611013-W, 2611018-W, 2631749-W, 2632086-W, 2701101-W, 2721773-W, 2892030-W, 3041094-W, 3042438-W, 3112144-W, 3261105-W, 3281681-W, 3391066-W, and 3471166-W. We believe this is an extremely high number of incidents, as compared to other area restaurants. 3. Numerous residents in the neighborhood voiced their opposition to this Special Exception at the hearing, including many representatives of homeowners and civic groups in the surrounding neighborhoods. On file with the City Clerk's copy of this letter are signatures of area residents evidencing opposition to this Special Exception. 4. Finally, Sloppy Joe's continues to operate without proper permits for their existing license. We have been advised that they are not up to applicable fire codes and do not have a permit for their sidewalk cafe. They also continue to serve liquor to people already inebriated, who then end up passed out, vomiting, urinating, and driving out of our neighborhoods at 3:00 a.m. in the morning. If they are so neighbor and family oriented, as evidenced by their testimony, then these problems would have been corrected, the residents would be able to sleep at night, our streets would not be littered with broken beer bottles, and their patrons would not be put at risk. For these reasons, we ask that you grant the appeal and deny Sloppy Joe's the 5:00 a.m. Special Exception. Thank you for your consideration of this matter. Sincerely, cc: Mayor Xavier Suarez City Clerk City Attorney City Manager 98 - 104 STIRRUP Gk, vE HOMEOWNERS ASSOCIATION, INC. FRANKLIN AVENUE MIAMI, FLORIDA 33133 October 20, 1997 The Honorable Joe Carollo Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Carollo: The undersigned residents of Stirrup Grove are wed to the issuance of a supper club license to Sloppy Joe's Restaurant. Since Sloppy Joe's opening, our neighborhood has experienced an increase in parking, traffic, criminal activities, and young people stumbling drunkenly about our streets. We also endure noise and music until 2:00-3:00 a.m. in the morning. Having to endure an additional two -three hours of these activities is simply unacceptable. Although you may not take the wishes of the community into consideration, we will consider the actions taken by the Zoning Board and City Commission in the upcoming elections. cc: Miami City Commissioners Building & Zoning Director Miami City Manager 98- 104 Sincerely, The Residents of Stirrup Grove wlr 4 � ' 98- 104 The Honorable Xavier Su z Mayor, City of Miami Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: The undersigned residents of Coconut Grove are strongly opposed to the issuance of a supper club license to Sloppy Joe's Restaurant, as well as all other supper club applications by restaurants or bars in the Grove. We do not believe it is in the best interest of our community for more establishments to be serving liquor until 5:00 a.m. Thank you for your consideration of this matter. Y' Signature " wl I'mmIll 0 �6 0 jo Signature 02�J,40 Me ignature �� , " �k, -/� �, Signature Signature Sig ature Cam! N Printed Name Address ,,,, Printed Name 3 Address A7j Oi . j ' sra Printed Name Address Printed Name Address Printed Name _� 4� lorytal . Addres Printed Name 3_�(Z2 �--7� Address 1 ICES/'-2ce C�c�L,G�m ft Printed Name 33y 9 �"2t�/1 iru � A v 4- Address 98— 104 The Honorable Xavier SL Z Mayor, City of Miami Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: The undersigned residents of Coconut Grove are strongly opposed to the issuance of a supper club license to Sloppy Joe's Restaurant, as well as all other supper club applications by restaurants or bars in the Grove. We do not believe it is in the best interest of our community for more establishments to be serving liquor until 5:00 a.m. Tha/nljyyou for! your consideration of this matter. Si Vature' Signature 4 Signature Signature Signature Signature Signature Price Iq Address Pj'nted Name/7/ Address Printed Name Address Printed Name Address Printed Name Address Printed Name Address Printed Name Address 98- 104 The Honorable Xavier S, :z Mayor, City of Miami Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: The undersigned residents of Coconut Grove are strongly opposed to the issuance of a supper club license to Sloppy Joe's Restaurant, as well as all other supper club applications by restaurants or bars in the Grove. We do not believe it is in the best interest of our community for more establishments to be serving liquor until 5:00 a.m. Thank you for your consideration of this matter. Signature Printed Name 4.)L9n - Signature Signature Signature Signature Signature Signature ��11 g ►�l(.Q,a tJ...��J Printed Name Address Printed Name Address Printed Name Address Printed Name Address Printed Name Address Printed Name Address 91- 104 The Honorable Xavier Su, Mayor, City of Miami Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: The undersigned residents of Coconut Grove are strongly opposed to the issuance of a supper club license to Sloppy Joe's Restaurant, as well as all other supper club applications by restaurants or bars in the Grove. We do not believe it is in the best interest of our community for more establishments to be serving liquor until 5:00 a.m. you for your consideration of this matter. Signature Signature Signature Signature Signature Signature Printed Name Address Printed Nam Address Printed Name Address Printed Name Address Printed Name Address Printed Name Address Printed Name Address 9R- 104 Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances to local restaurants/bars, these problems will not only continue, but will proliferate. We urge you to cast your vote and return the enclosed form Thank you for your support. to 98- 104 ASSOCIATION MEMBER(S)' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5:00 a.m. Supper Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 5:00 a.m. Supper Club Variances to restaurants/bars? a YES p/ NO Dated: I Ls— Address: LA Signature Signature Signature Printed Name Printed Name Printed Name 98- 104 Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances to local restaurants/bars, these problems will not only continue, but will proliferate. We urge you to cast your vote and return the enclosed form Thank you for your support. to J I/!l e a.ea 98. 104 ASSOCIATION MEMBER(S)' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5:00 a.m. Supper Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 50) a.m. Supper Club Variances to restaurants/bars? ❑ YES ❑ NO Dated: Address: Signature Signature Signature Printed Name Printed Name Printed Name y8- 104 Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances/to local restaurants/bars, these problems will not only continue, but will proliferate. We urge you to cast your vote and return the enclosed form to e7 Thank you for your support. v 98- 104 ASSOCIATION MEMBER(S)' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5:00 a.m. Supper Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 5:00 a.m. Supper Club Variances to restaurants/bars? ❑ YES x NO Dated: ��a?S /f Address: .35-66 A4'N Ck.*o G2 A & nczr G rvv,c 3 3 r"IM I 41, 40K Printed Name rh,'/ 4� Signature Printed Name Signature Printed Name 98- 104 Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances to local restaurants/bars, these problems will not only continue, but will proliferate. �� veloqsou� We urge you to cast your vote and return the enclosed form to V / ! 1 Thank you for your support. his- 104 ,ASSOCIATION MEMBER(Sl' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5.00 a.m. Supper Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 5:00 a.m. Supper Club Variances to restaurants/bars? ❑ YES NO Dated: Address: �)Nf M Q), IM 10�j Sig ature Printed Name Signature Signature Printed Name Printed Name 98- 104 Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances to local restaurants/bars, these problems will not only continue, but will proliferate. We urge you to cast your vote and return the enclosed form Thank you for your support. to / WICII 98- 104 ASSOCIATION MEMBER(S)' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5.00 a.m. Sauer Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 5:00 a.m. Supper Club Variances to restaurants/bars? ❑ YES VIZ NO Dated: l 1Z S% 4 g Address: 3503 wit-owovn C► Co ccj i4U-r- GPI VE F t_ % - f=�� Signature Signature Signature tiAty-a- SIMONt-+OPF- Printed Name Printed Name Printed Name 98- 104 Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances to local restaurants/bars, these Problems will not only continue, but will proliferate. We urge you to cast your vote and return the enclosed form to illj! V elgspuei� QNP Thank you for your support. 98. 104 ASSOCIATION MEMBERN' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5:00 a.m. Supper Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 5:00 a.m. Supper Club Variances to restaurants/bars? ❑ YES NO Dated: 1 � 9 Address: �JSC�S %A, (A upp GC Ote)% 5L4-� -�b < � Signature Printed Name "I j JtrAN TtiomAS b0271-p,4P Signature Printed Name Signature Printed Name Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances to local restaurants/bars, these problems will not only continue, but will proliferate. We urge you to cast your vote and return the enclosed form to Thank you for your support. 98" 104 ASSOCIATION MEMBER(S)' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5.00 a.m. Supper Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 5:00 a.m. Supper Club Variances to restaurants/bars? ❑ YES Dated: Address: Signature/ NO //2 c/ 5 66�), z� LA2 - F/�l . 33133 �J 0 ZJ45-e,�7ZI Printed Name ect i ature Printed Name Signature Printed Name 98— 104 Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances to local restaurants/bars, these problems will not only continue, but will proliferate. We urge you to cast your vote and return the enclosed form to s Til Leji2t�--ut Thank you for your support. 98- 104 ASSOCIATION MEMBER(S)' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5:00 a.m. Supper Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 5:00 a.m. Supper Club Variances to restaurants/bars? a YES' NO Dated: Address: ignat Printed Name Signature Signature Printed Name Printed Name 98- 104 Dear Member: Please find enclosed an Association Member(s)' Voting Form on the issue of 5:00 a.m. supper club variances. This issue is currently being decided by the City of Miami. As many of you may have noticed, crime, parking, traffic, noise, and other nuisances have been on the increase in our neighborhood. With the issuance of 5:00 a.m. variances to local restaurants/bars, these problems will not only continue, but will proliferate. We urge you to cast your vote and return the enclosed form Thank you for your support. 98- 104 ASSOCIATION MEMBER(S)' VOTING FORM As a member(s) in good standing of the Camp Biscayne Homeowners' Association, the undersigned hereby casts his/her/their vote on the following issue: 5:00 a.m. Supper Club Variances Do you believe it is in the best interest of your neighborhood for the City of Miami to issue 5:00 a.m. Supper Club Variances to restaurants/bars? ❑ YES NO Dated: l I 1!; l w Address: .3 Uq O M 4h eat r� i P[ 33 113 Signat Signature Signature z i Printe kame Printed Name Printed Name 0 9-8- iC4