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HomeMy WebLinkAboutR-98-0105J-97-727(a) 1/27/98 pp RESOLUTION NO. 9 8 - 10 5 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND 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 PERMIT THE CURRENT PROPERTY OWNER/OPERATOR A TAVERN ZONED C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1673 NORTHWEST 27 AVENUE, MIAMI, FLORIDA, PROVIDED THE SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR ONLY AND WITH THE ADDITIONAL RESTRICTION OF A ONE YEAR ADMINISTRATIVE REVIEW AND SUBJECT TO THE PROPERTY OWNER/OPERATOR'S COMPLIANCE WITH ALL CONDITIONS RECOMMENDED BY THE ZONING BOARD AND THE PLANNING DEPARTMENT. WHEREAS, the Miami Zoning Board at its meeting of September 22, 1997, Item No. 3, adopted Resolution No. ZB 97-97 by a four to three (4-3) vote, granting a special exception requiring City Commission approval as hereinafter set forth; and 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 with the CITY COMMISSION MEETING OF JAN 2 7 1998 Resolution No. 98 - 105 additional restrictions that the Special Exception is limited to the current property owner/operator, a one year administrative review and compliance with all conditions recommended by the Zoning Board and the Planning Department; 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 the current property owner/operator a tavern zoned C-1 Restricted for the property located at 1673 Northwest 27 Avenue, Miami, Florida, more particularly legally described as Tract "A" of PORTOBELLO SUBDIVISION according to the plat thereof as recorded in Plat Book 107 at Page 29 of the Public Records of Dade County, (the "Property) is hereby affirmed and the Special Exception is hereby granted, provided, however, any transfer in ownership/operation of the Property shall require new application for, and approval of, a new special exception for the property, the approval granted herein is further subject to, a one year administrative review and compliance with all conditions recommended by the Zoning Board and the Planning Department. Section 3. This Resolution shall become effective immediately upon its adoption. 2 - 105 PASSED AND ADOPTED this 27th day of January , 1998. ATTES ALTER EMAN, CITY CLERK BY: ASSjg CI ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY W1937:YMT:BSS - 3 - XAVIER LJSUAREZ, MAYOR 9R- 105 PZ-4 ZONING FACT SHEET Case Number: 1997-0040 22-Sep-97 Item No: 4 Location: Legal: Applicant: 1673-1699 NW 27 Avenue (Complete legal description on file with the Office of Hearing Boards) Via del Rio Restaurant, Inc. 1673 NW 27 Avenue Miami, FL App. Ph: (305) 642-1700 Zoning: C-1 Restricted Commercial Virgilio Perez 1401 W. Flagler Street, Suite 201 Miami, FL 33135 Rep. Ph: (305) 642-1700 ext Rep. Fa (--) — ext Request: 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 tavem; zoned C-1 Restricted Commercial. Continued from Zoning Board Hearing of September 8, 1997. 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: N/A Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order Date CEB Action: History: Continued from Zoning Board Hearing of September 8, 1997. Analysis: Please see attached. Zoning Board: Granted. Zoning Board Resolution No. ZB 97-97 Vote: 4-3 Appellant: The neighboring home owners and business owners within 375 ft. radius of 1673 NW 27th Avenue. City Commission: Continued from CC 11/26/97. 98- 10. Miami, F1., Sept.2,1- 997. REFEREMCE: Att.: Teresita Lascaibar Fernandez,R.A.,A.I.C.P. Petition to allow a TAVERN Chief Zone C-1 Restricted CITY OF MIAMI Commercial 1673 N.W.27 Ave. OFFICE OF HEARING BOARDS 444 S.W. 2nd Ave./7th Floor. Miami, F1.33130 LEGAL APELATION We, the under signed 43 home Owners and Business/Owners of the 375 feet of 1673 N.W. 27 Avenue, Miami, F1., address of the"Via del Rio Restaurante", by means of the present we are asking for the following. FIRST: Under the current Law of the State of Florida regulatory of the Hearing Board, and exercising our Democratic and Constitutional Right, also our civil right as citizens of this County, we would like to present our request. SECOND:The original Hearing, (9-8-97), first of the session, was cancelled for reasons that we ignore and was postponed to the 22 of September/1997, but was the last of a four hours session for reasons that we don't know either This Meeting was conducted in a way that we are oppose to the result. THIRD: In the Hearing, (9-8-97), we, the legal Home Owners and Business/Owners, present to the Board the cards signed by us; this is very important and it is required by Law showing that we were opposed, to approve the opening of the Tavern, (at that time as far as we know there were no cards in favor): FOURTH:Before the second Hearing, (9-22-97), and by mean of a return request letter we presented to each Member of the Board our united resolution of Home Owners expressing AGAIN OPPOSITION TO THE TAVERN with the signature of 43 Home Owners of the 375 feet from 1673 N.W. 27 Avenue, and this was over looked and ignored by the Board. FIFTH: The Board gave the approval to a right to vote to a group of yowgg friends and may be without any knowledge of the matter. THIS INVALIDATING TV VOTE OF THE LEGAL HOME/OWNERS LIVING IN THIS AREA FOR MORE THAN 30 YEARS. rn -v A mc,e4on Thanks to the Board San taking youtr. time Son heading th,i 6 to tta and Sore .the prcompt attention to thdts matteh. a Since very L:Ij �n ig ` Address ,_ ¢ k, J7 Sign Address .27 7Ly5& %' 5. Sign �/ Address d7, A)4&l //v ��ie Sign G<. Address Sign Q Address 27 4/KJ RR, Sign Ea-d a- Gi•+t�r'< ldress X 751 AlLV Sign } Addressa Z 7 �C�e• Sign Address %%� %%(j2f %,`7•�' Sign 1� Address �, l 98- 105 ADENDUM: AGAINST T( _LOW TAVEM, ZONE C-1 RESTRICTE ;OMMERCIAL, 1673 To 1699 NX 27 AVENUE, MIAMI, FL, Owneu and Buzinezz about 375 beet aU .thvs area, .(Continuation) Sil Si( Si( Si( Si( Si( Si( Si( d d re s sg 7-50 ,�7 -&0 - l' % J1-- ddress Za-j�-- 12-(' Sc), ddress a)%`57 /L ,-/,' ddress Z�7SE /Vl,,(, ddress Z ,5�e-/ f/ ,Gf� / �% .S 7 ddress ddress ddress ,2 -E-1 i A/, (,c/ ' 7 .5T Sign/J S jj S a of cZ Address I,? q /7 _57- Sign Address OQ7y0--�-2 Sign Address•-�� (L_)[�,,^�1�L,�%��'S� Sign Address 2/�Iv w z Sign Address ;Z %3,7 A) W z z Sig Sig Sig Sig Sig Sig Sig Sig Sig S i.g Sig Sig ddress /lo d d r e s z ddress 7, ?j2&MZ 17 Sr ddress ddress 7 4L = % %Z, 7 -S ddress-1-�d 2%1/ — ddress-�.J��%l Z(J �7 ddress �C% y-P Ptll ddressL ddress / ., 3 A%X_� �1-2 /1-W_ ddress /.6C'0 40 ---�j7 ddressx w .� (D SignAd d re s Dk% " Sign Address 98-- 105 ADENDUM : AGAINST TO AL-jw TAVERN, ZONE C-1 RESTRICTED �— M. ERC I AL, 1673 TO 1699 N.W. 27 AVENUE, MIAMI, FLU &kieu and Buzine,6,6 about 375 beet os t46 cvicea, (Coutc.nuation) Sign pAddressd Sign Address Sign2��6o-z�Address a�6Q PU-) 19 %Z722•, X114. �33M5 Sign &J� A d d r e s sc>'? 6-60 4)- U3, /S 7171P lu/f1 c �� Sign Address 6 ky /Y 4/ 2 1 V r� S" n Address Y " OU w Sign Address D�7 D "'��'1 t b `UPe J Sign ' _ Address Sign Address Sign Address Sign Address Sign Address Sign Address Sign Address Sign Addres Sign Address Sign Address Sign Address Sign Address Sign Address Sign Address Sign Address Sign, Address Sign Address Sign Address Sign Address Sign Address 9 - 105 Mr. George Barket offered the following Resolution and moved its adoption. RESOLUTION ZB 97-97 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 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A TAVERN FOR THE PROPERTY LOCATED AT 1673 NW 27 AVENUE LEGALLY DESCRIBED AS ALL LANDS SHOWN ON THE PLAT OF PORTO BELLO (107-29) PUBLIC RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED COMMERCIAL. 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 IS SUBJECT TO THE FOLLOWING CONDITION FROM THE DEPARTMENT OF PLANNING AND DEVELOPMENT: THAT APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION. Upon being seconded by Mr. Paris Obregon the motion was passed and adopted by the following vote: AYES: Mses. Basila & Morales Messrs. Barket & Obregon NAYES: Ms. Hernandez Messrs. Crespo & Moran-Ribeaux ABSENT: Ms. Cuervo Mr. Gibbs r Ms. Fernandez: Motion carries 4-3 Teresita L. Fernandez, Chief Office of Hearing Boards September 22, 1997- Item #4 Zoning Board I move that the request or ;ends item jp) be (denied) =.I=n:te> in that the requiren. .cs of Section 2305 (were) (were not) satisfied by relevant evidence in the record of the public hearing• a) as stated in the City•s findings of fact, or b) as demonstrated by the petitioner, or c) on the basis of the followinq: ----------------------------------------------------------------- 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 2305, (haw) (have not) been met. Circle aposoQriate conditions: 1305.1 Inoreas and caress. 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 Otfstseet parkins 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 cams of fire or other emergency, and screening and landscaping. .t 1303.3 19AWK astd service aswa. Due consideration shall be given to the location, scaleo, design, and screening of refuse and service areas to the manner in which refuse is to be stored; and to the manner mad 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 ftanik mad liGhtiam. Due consideration shall be given to the number, size, character, location and orientation of proposed signs, and of proposed lightingg for signs and premises, with particular referents to•traflic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 98- 105 1303.5 Utility_ Due consideration shall .,* given to utilities required, ,with particular reference to availability and capacity of ystems, location of connections, and potentially adverse appearance or other adverse effects property and the character of the area. on adjoining and nearby 1305.6 Drainage Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. where major drainage volume appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. i 0 .7 Pseseryation of natural feataree. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. rn additiou to consideration_ of detailed elseents indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects genorally on adjoining and nearby properties, the area, the neighborhood, or the City, of the use or aeeupaney ae proposed, or its location, construction, d*sign, character, scale or manner of operation. Whom such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular cireumstancos of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimised to the masimna extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. Date Item /� 98- 105 ANALYSIS FOR SPECIAL EXCEPTION 1673-1699 N.W. 27" Avenue CASE NO. 1997-0040 Pursuant to Article 4, Section 401. of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to allow a tavern use at the subject property as follows: Note: This approval encompasses a Class I Special Permit to allow accessory Pool Hall. The following findings have been made: • It is found that the proposed tavern use is located within an appropriate space within an existing Retail Center and is therefore compatible with the area. • It is found that the required parking has been provided as part of the complex. • It is found that the subject proposal, being that it is a component of an already approved retail center, has been reviewed and found in compliance with the following factors: ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities and drainage. • It is found that this analysis is based on the proposal presented only and should not apply to any future tavern proposals for the same location. • It is found that upon compliance with the condition set forth below, this project will not have any adverse impacts on the surrounding area. Based on these findings, the Department Planning and Development is recommending approval of the application with the following conditions: 1. Approval of this special exception shall run with this operator only; any changes to a different operator shall require a separate Special Exception. 98- 105 14 5 APPLICATION FOR SPECIAL EXCEPTION File Number 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 judgement of the Zoning board be exercised in making such deterainotions, in accordance with the rules, considerations and limitations relating to Special ' Exceptions. (Set Article 16) Formal public notice and hearing is mandatory for Special Exceptions. The Zoning board shall be solely responsible for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Oepartmt of Planning, Building and Zoning for his recommenndationns and the director shall make any further referrals required by these "regulations. �.a ,'.e1 ::_in�esraurart,Tr_c. I, hereby apply to the City.'of Mimi Zoning Board for approval of a Special Exception for property located at 1r z ',*T ')77 40 Nature of Proposed Use (Be specific) ^(, T—lVerr T,T—i a '-)nPr T•i ne li tense. , services -7ii1 -r-clue a resta1.srar_t, lio ,,Aver -1�001 4 s rot re?nuire-i to De 4erve t�' Or'nr 1 T,'-ne Por cOnq, —T'tio nr_ ^re--i sec In support of this application, the followiing material is sWmdtted: 1. Two copies of a survey of the property prepared by a State of Florida Registered Laid Surveyor. 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure($), parking, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest fora (attach to application). 4. Certified list of owners of real estate within a 315-foot radius of the outside boundaries of property covered by the application. S. At least two photographs that show the entire property (land and improve- ments). 6. Other (Specify) 7. Fee of S to apply toward the cost of processing: 9R - 105 17 Special Exception .......................... $650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars ($650) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five 9375) feet of the subject rty (City Code - Section 62-6I) % i Signature Owner or Authorized Agent Name C!,��, �� ;%�.�� Address Y J. 64N Gib 1 -7 Phone 3;; i G y— j 7 G 0 STATE OF FLORIDA) SS: COUNTY OF DADE G, being duly sworn, de and says that he is the (Authorized Agent of Owner) of -the real property descri , in swer to question !I, above; that he has read the foregoing answers and that the amw a true and complete; and (if acting as agent for owner) that he has authority t 77 to this petition on behalf of the owner. SWORN TO AND SUBSCRIBED befor this // day of 199I-V. My Commission Expires: (Name) Not& 7!)61 ic, State of Florida at Large F 7, 98- 105 98- 105 STATE OF FLORIDA } } SS COUNTY OF DADE } and says: AFFIDAVIT I Before me, the undersigned authority, this day personally, appeared who being by me first duly sworn, upon oath, deposes 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the',appli—cation and documents submitted in conjunction with this affidavit are true(and 4rec . Further Affiant sayeth not. (SEAL) (Name) Sworn to and Subscribed before me this day of 7t , 19-f? lzz�- Notary Public,/$tate of Florida at Large My CommissiW Expires: OFFICIAL NOTARY SEAL MANUELA FIALLO NOTARY PUB)L;C SPATE OF FLORIDA COMIMISSION NO. C039W DIY COMM15%ION EXP. MAR. 23 2000 98- 105 /? OWNER'S LIST Owner's Name Gator Porto Bello, Inc. Mailing Address 1673-99 NW 27 Avenue Zip Code 33135 Telephone Number Legal Description: Tract "A" of portobello subdivision according to the plat thereof as recorded in plat book 107 at page 29 of the public records of Dade County, Florida. Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description Street Address Street Address Legal Description Legal Description 98- 105 201 DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: Tract "A" of portobello subdivision according to the plat ,'thereof as recorded in plat book 107 at page 29 of the public records of Dade COunty, Florida. 2t Owner(s) of subject real property and percentage of ownenhip. Note: City of Mimi Ordinance•No. 9419 requires disclosure of all parti" having a financial interest, either direct or indirect, in the subject natter of a presentation, request or petition to the City Conaission. Accordingly, question 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address" and proportionate interest. James A. Goldsmith — 80% William I. Goldsmith — 20% L Legal description and street address of any real property (a) owned by any party listed in answer to question 02. -and (b) located within 375 feet of the subject real property. N/A Gator onto Bello, Inc. OR ATTORIIEY FOR OW N James . Goldsmith, President STATE OF FLORIDA } SS: COUNTY Of OAK } / r/ X � eS T/ �Cl�'� rr�, A( , being duly sue, dopean am says that he is the (Omar) (Attorney for DOW) of the real property described in answer to question #I, ; above: that he has rear the feragoing swan and that the saw are true and complete: and (if acting as Mornay few rower) that he has authority to =WAS the Disclosure of Ownership ferw an behalf"of the "Ver. \ L) (Nana) SWORN TO AND SINSCRIrEO n before N this .Q day of (ic_>r=, 19Q�4J Notary Public, State of Florida at large MY COMIISSIONII WIRES: 98- 105 3 DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: 1-73 27 71 T„r?�: Tr Ct ��.�`o' lortn')a i0 -,ul i'V'_.-sior, aCCnr;.Ifn-,tn tl'. �t ioreoC s 'not. 1'17 ')c' -e 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 esquires 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 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. i-+--.n 3. �ernan.iez- ��1 ')-.,. er (I '�eseo� 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 02, and (b) located within 375 feet of the subject real property. ,/a OWNER WATTORNEY FOR OWNER STATE OF FLORIDA } SS: COUNTY OF DACE } ? aroz , being duly sworn, deposes and says that he is the (Please Print) (Owner) (Attorney for Owner) of the real property described in answer to question 01 above; that he has read the foregoing ansrers and that the same are true and complete and (if acting as attorney for owner) that he has authority to execute the disclosure of Ownership form on boatf of the oviner. SWORN TO AND SUSSCRISED before me this day of Tu—`; 110 MY COMMISSION EXPIRES: 4e� Signature of/oimer or Attorney for Owner "I -A :T A FiALLO NOTARY PI;FLi'_' cS1 A-E OF PL0 JC:; cogs �._s;o?a pro. c:C 496 at Large • OFFICIAL NOTARY SEAL MANUELA FIALT-0 NOTARY PCB .IC SPA; OF FLORIDA COI-1MMION NO. CC539863 MY COWMISSION EXP. MAR. 23-VW 9��- 105 IV TO WHOM IT MAY CONCERN We hereby authorize Maria D. Fernandez, President of Via del Rio Restaurant located at 1673 NW 27 Avenue to apply for an Special Exception from Zoning Ordinance 11000, as amended, Article4, Section 401, Schedule of District Regulations to allow a tavern in C-1 zoning designation. Legal Description of Property: Tract A of Portobello Subdivision according to the Plat as recorded in plat book 107, page 29 of the Gator Portd loell% Inc. records of Dade County, FL. James A. G lsmith, President OWNER OR ATTORWY FOR OWNER STATE OF FL RIDA COUNTY OF ADE Be it known tha a foregoing instrument was acknowledged before me thdL'1 day of .l-L in thert—iffication Nine Thousand Nine Hundred and Ninety Seven by 9X ACoo o[.45A4 Uri+ whois personally known to me or who produced as id and who did not take an oath. Notary Public Serial # f pug= "OFFICIAL SEAL' State of Florida S Ussene M Commission I��Z Y 19199 _ vepio• Commission#CC 432647 9 8 - 105 pis TO WHOM IT MAY CONCERN We hereby authorize Maria D. Fernandez, President of Via del Rio Restaurant located at 1673 NW 27 Avenue to apply for a Special Exception from Zoning Ordinance 11000, as amended, Article 4, Section 401, Schedule of District Regulations to allow a tavern in C-1 zoning designation. Legal Description of Property: Tract A of Portobello Subdivision according to the Plat as recorded in plat book 107, page 29 of the public records of Dade County, FL. Gator Porto Bello, Inc. LA-� /�- -r William Gold ith, Vice President STATE OF FLORIDA COUNTY OF DADE Be it known that the foregoing instrument was acknowledged before me the 15th day of September in the year Nine Thousand Nine Hundred and Ninety Seven by William Goldsmith who is personally known to me. n Notary Public Serial # KATHLEEN N. WHEE. cF State of Florida ���'r' COMMOSKM f CC M1375 OXPFA8 NOV 21, IM SONM THIU ATLAtM.c �� ►ram. a� 98- 105 Power of Attorney Know All Men By These Presents That Maria D. Fernandez, President of Via del Rio, Inc Has made, constituted and appointed, and by these presents do make, constitute and appoints Virgilio Perez, with offices at 1401 W. Flagler street, Suite 201, Miami, Fl. 33135., true and lawful attorney in fact for her and in her name, place and stead to submit an application, prepare all paperwork, make all appearances and do anything that may otherwise be necessary in connection with obtaining a Special Exception to operate a Bar. C.O.P. license in the City of Miami, Fl. for the premises described as: Legal Description: Tract A of Portobello Subdivision according to the Plat as recorded in plat book 107, page 29 of the public records of Dade County, Fl. AKA; Via del Rio Restaurant located at 1673 NW 27 Ave, Miami, Fl. 33125 giving and granting unto Virgilio Perez said attorney in fact full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as she might or could do if personally present , with full power of substitution and revocation, hereby ratifying and confirming all that VirgHio Perez said attorney in fact or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness Whereof, I have hereunto set my hand and seal(s) the 11 day of April , in the year One Thousand Nine Hundred and Ninety Six. 7alland De ' red i�thpresence of Maria D. Fernandez President -Via del Rio, Inc (L.S.) State of Florida County of Dade Be it known tat the foregoing instrument was acknowledged before me the 11 day of r in the year Nine Thousand Ninec�and _ ty Six b Maria D. Fernandez, who X is personally known to me or who produce as identificatip and who did not take an oath. Notary PytSliyE Serial # V State of Florida NOTLFU131C �"r":- JFFLORIDA.ON NO. CC 0984MY ION EXP. MAR 23.20� 98- 105 P,-7 -00 LAY I 1 1 dI-OVl�%�$l &k .141031614 Return to: Maurice Rosen, Esq. Address: 16666•N.E. 19th Avenue Suite 112 North Miami Beach, FL 33162 Prepared by: Harvey D. Rogers, Esq. Address: 1401 N.W. 17th Ave. Miami, Florida 33125 (305) 325-0040 A h. ... � �' ' ,• .r,.�.�� =�0 'bpi' `� THIS 1t&WARTY DEED made the g:Lf, day of May, A. D., 1984, by VARVBY D. ROMS, Trustee, hereinafter called the Grantor, to GATOR POATO BEL%Or a Florida CO - ration whose post office address is 2J-Tv N. c: J6�Yil,ss'. C� A1.d1, Miami, Florida •S&1[en, , hereinafter Called the Grantee: WITH: That the Grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situated in Dada County, Florida, to wit: ALL RANDS SHOWN ON THE PLAT OF PORTO SEI.I,O, according to the Plat thereof as recorded in Plat Book 107, at Page 29 of the Public Records of Dade County, Florida. Subject to: ' 1. Zoning restrictions, easements, conditions, limitations and conditions of Record Common to the Plat. This property is not the homestead of the Grantor. TOGET" with all tenements, hareditaments and appurtenances thereto belonging or in anywise appertaining. To HAVE AND To SOH the same in fee simple forever. z. imD the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple: that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever: and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1968. IN w3:7m 8 N MMY, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: '7 H ,RVEY RO S rustse STATE OF F } } S.S. COUNTY OF DADE ) I HSREBY CERTIFY that on this day, before me, an officer duly authorized in .the State and County aforesaid, to take acknowledgments, personally appeared HARVEY D. ROGERS, TRUSTEE, to se Down to be the person described in and who executed the foregoing instrument and has acknowledged before se t'�•. executed the same. 6}'� WITNESS my hand and official seal in the C last aforesaid this day. of May, A.A., 1989. llo�y =w'M pia. ffi. 98- 105 ✓f i5mum a rm wus 03ri.3r r.Ji lE�:14301 PC 873 Ova ctatat ft..RAMCO FORM a ` Quit -Um Bad, Executed ihts jot J day of i" —W,)A k � A. D. !4 �`f . by HARVEY D. ROCaERS, individually and as trustee first party, to GATOR PORTO BELLO, INC, a Florida Corooration whose postofficeaddress is 2250 N.E. 163rd St. , #6, N. Miami Beach, F1. 33162 second party: eetxsa. an w 1. eh. "t{rsr roue" unit ••.egad rTX ebR 1!t tlaader w rhea, hair, tqd e. dolt. ar rr#Ite►l • •nit the Mention ad wise d asyaeadsae, sAaerer t4 ssaeu littftt"ethr Thai lire said first party, for and in consideration of the sum of S 10. n0 in hand paid by the said second party, the receipt whereof is hereby acbnowlodged, does hatrby remise, re- leose end quit -claim unto da $aid second party fo,"r, all du right. Ntla. Interest, claim and de aq� which the sold fiat party has in and to do following described lot, pis" w pstroei of land, attoato, lyin ddd boisigr_ in the County of Dade State of Florida a . b•wil: �fi �: � • T U All lands shown on the Plat of Porto Bello according to the Plat therof, as recorded, in Plat Book 107, at Page 29 of the Public `n Records of Dade County, Florida subject to: o a u ,r :tt, 1. Existing Mortgages v'e� 2. Taxes for 1989 and all subsequent u years it The instant property is not the homestead of the Grantor. E i> 7 i •n u � � WU:L tj THIS OUIT-CLAL*r DEED -IS BEING RECORDER TO SHOW THE TRANSFER OF THE PROPERTY FROM HARVEY D. ROGERS both individually and as Trustee. Stamps were placed on original Deed. Original Deed recorded in O.R. Book 14103, Page 614, trade County, Florida. .tw•w P.ICFittRD P. WOO ? 7���� `_ �/�t,� gElh CNtCII>T COti� i# Not Wd �D Vold the same together with all and singular site appur:onators thwannee 66wing w in anytaiso appertaining. and all the estate. riahl, lisle. Interest, lien, equity and claim whol. soewr of IAe nasal first'perty, either to law or equity. to the only proper we. benefit end behoof of the said racote I party forever. hn O bltt3s Uhtmfr The sold first party has slgned and settled these presents the dal and year first abode wrillon. Signed. «shad and Bohm ed in presence of: _ HATt MROG R. ,- iviTuaily » and as Trustee STATE OF FLORIDA, c oUmTY OF DADE I HEREBY CERTIFY that an this day before me, an officer duty and wisted in the State aforesaid and in the County aforesaid to take sclnowtedsments, personally appeared HARVEY D. ROGERS, individually and as trustee. to ms known to be the person described in and who executed the forepins inw mene and he isl5nowiedged before me drat he exatuied the same. WITNESS my land and official seal in the County and jut slonsatd tkie ,: • e cif: Wit, s A. D. It 89, `?t� NOTARY LIC M.e •.* lliitlrwrrrirsc»!f►ACEtaAdJfi): HARVEY D. ROGERS, ESQ. .«tiypg 1401 N.W. 17th Avenue t!, wc_ id 33125 Mlamir Flor a (305) 325-0040 V 98- 105 INVITATION WE HEREBY INVITE YOU TO VIA DEL RIO RESTAURANT LOCATED AT: 1673 NW 27'�' Avenue, Miami, Fl. DATE Monday, January 26"' , 1998 at 12:30 p.m. (Lunch will be served) PURPOSE TO INSPECT AND EVALUATE SAID PROPERTY PRESENTLY SCHEDULED FOR A HEARING IN FRONT OF THE CITY COMMISSSION OF MIAMI ON JANUARY 27t'71998. INVITACION POR MEDIO DE LA PRESENTE DESEAMOS EXTENDERLE UNA INVITACION A VIA DEL RIO RESTAURANT LOCALIZADO EN EL: 1673 NW 27"' Avenida, Miami, Fl. FECHA Lunes 26 h de enero de , 1998, hora 12:30 p.m. ( Almuerzo sera servido) PROPOSITO INSPECCIONAR Y EVALUAR DICHA PROPIEDAD PARA UNA VISTA PUBLICA FRENTE A LA COMICION DE LA CIUDAD DE MIAMI QUE TENDRA EFECTO EL 27"' DE ENERO DE 1998 (c��:/�r�j�S4,iryry,%., ((,'1��Y�LC t4.. (:;�I'�"*0 �`9}�.�s" 9R— 105 ,,fa. Iel 4e M h, [pq sr;leo00000000rl �)p � ,00, WA vTL lro Ax r IL112aarr rrrrssrrwrwrrsrwwrrrwwrwwrrwsrwrasrwssrrrrrwr:•srwrwrwrwrrwrwrswrwwrrrsrrrwrwwrwrwrwww SOFAS (SOUPS) POLLMS (CHICIMN) SOFA DE REZ MICA GRANDE $4.50 CHICI ARRON DE POEM $4.50 (BEEF SOUP) (CHICKEN FRIED PING) SOPA DE POLLO $2.85 POLLO FRTI'O $4.50 (CHICKEN SOUP) 09= CHICKEN) POLLO ASADO $4.50 ARROZ CON CALAMARES $5.50 CARNZ DIE PURWO (PORK) (RICE R SQUID) CHUL.ETAS DE CERDO $4.50 ARROZ CON SALCHICHAS $3.90 (PORK STEAK) (RICE WITH SAUMGE) MASAS DE PUERCO $4.50 1IWMCS (STEAKS) (CHUNKS OF PORK) CAMAROMICS (SMMEWIP) BISTEC DE PAL.OhOLLA $3.30 (PALOMILLA STEAK) CAMARONES EbWANIZADOS $7.95 (BREADED SIIIt W) BISTEC DE RVOONADA $8.00 (KIDNEY STEAK) CAMARONES AL AJI LO $7.95 (GARLJC SHRDM BISTEC DE POLLO $4.95 (CHICKEN STEAK) CAMARONES ENCHLLADOS $7.95 (SHRIMP IN SAUCE) BISTEC EMPANIZADO $6.50 (BREADED STEAK) CAMARONES ALA PLANiCHA $7.95 ((TRILLED Sim) BISTEC hfM ANESA $7.95 (MQ.ANESA STEAK) SODAS $1.00 SANWICHES CUBANO S2.50 BISTEC DE JAMON S5.25 PAN CON BISTEC $3.00 (JAM STEAK) PAN CON CROQUETAS $2.50 PAN CON BISTEC POLLO $4.00 BISTEC DE HIGADO $5.95 BATIDOS S2.00 (LIVER STEAK) JUGO DE NARANJA $2.00 PASTELES $0.50 BISTEC CHURRASCO $6.95 CROQUETAS $0.50 (CHUIUASCO STEAK) OSTIONES (OYSTERS) $3.00 CE LVFZAS NACIONALES $2.00 CARVE ASADA ESTILO MICA $6.50 CERVEZAS UfTERNACIONAL $2.50 (BAKED BEEF MICA STYLE) TOOOB LOB !LA 011 SON SRZVMK t CON AIMA94 WIMAJDKA& AL40UR 06 O ' 06TON19S Y EN'BALADA ( ALL FLAT AM SZRVZD WrM LOCI, D AMB, SWIMT PLANTAINS OR GRERM PLANTAi1" Submitted into the pt oiiG roman. In c;onrection wah 98- 105 CRIME ANALYSIS DETAIL, REQUEST #97-166 "v�to- PREPARED BY OFC. J. MANN t.. 1673 NW 27 AVE OCTOBER 1, 1996 THRU OCTOBER 26, 1997 NaRESTAURAN ALI FINAL SIGNAL INCIDENT # DATE TIME REPORT ARREST 13-Information W2911085 10/18/97 1:29 a.m. No No 13-Information W2401068 8/28/97 1:50 a.m. No No 13-Information W1871144 7/6/97 3:09 a.m. No No 13 -Information W0241011 1 /24/97 12:13 a.m. No No 14-Information W3401836 12/05/96 7:30 p.m. Yes No 14-Information W2831116 10/10/97 3:28 a.m. Yes No 17-Accident V3201110 11/15/96 4:56 am Yes No 26-Burglary W1461222 5/26/97 7:13 a.m. Yes No 32-Assault/Battery V3281318 11/23/96 10:18 a.m. Yes No 32-Assault/Battery V2792060 10/5/96 10:47 p.m. Yes No 98- 105 1673 NW 27 Ave (Continued) Page 2 34-Disturbance V2791027 10/5/96 12:32 a.m. No No 34-Disturbance V3041103 10/30/96 4:14 a.m. No No 34-Disturbance W0821928 3/23/97 9:59 p.m. No No 34-Disturbance W1012070 4/11/97 11:09 P.M. No No 34-Disturbance W0951353 4/5/97 10:22 a.m. No No 98- 105 CRIME ANALYSIS DETAIL, REQUEST #97-166 PREPARED BY OFC. J. MANN 1603 NW 27 AVE OCTOBER 1, 1996 THRU OCTOBER 26,1997 FINAL SIGNAL INCIDENT # DATE TIME REPORT ARREST 13-Information W2451933 9/2/97 9:11 P.M. No No 26-Burglary W2121390 7/31/97 11:06 a.m. Yes No 27-Theft W 1761418 6/25/97 1:20 p.m. Yes No 34-Disturbance V2961317 10/22/96 10:31 a.m. No No 98- 105 CRIME ANALYSIS DETAIL, REQUEST #97-166 PREPARED BY OFC. J. MANN 2744 NW 17 Street JANUARY 1, 1996 THRU OCTOBER 26,1997 FINAL SIGNAL INCIDENT # DATE TIME REPORT ARREST NONE 9R-- 105 CRIME ANALYSIS DETAIL, REQUEST #97-166 PREPARED BY OFC. J. MANN 1710 NW 27 AVE OCTOBER 1,1996 THRU OCTOBER 26,1997 FINAL SIGNAL INCIDENT # DATE TIME REPORT ARREST 13-Information W2861133 10/13/97 5:54 a.m. No No 13-Information W2851971 10/12/97 9:44 p.m. No No 13-Information W0501870 2/19/97 7:57 p.m. No No 13-Information V2871092 10/13/96 1:44 a.m. No No 21-Stolen Tag V3381637 12/3/97 3:58 p.m. Yes No 21-Stolen Tag W1551010 6/4/97 12:15 a.m. Yes No 29-Robbery W2851951 10/12/97 9:33 p.m. Yes No 32-Assault/Battery W1591508 6/8/97 1:46 p.m. Yes Yes 32-AssaultBattery V3372029 12/2/97 11:26 p.m. Yes No 34-Disturbance V3201554 11/15/96 3:01 p.m. No No 34-Disturbance W0252022 1/25/97 10:33 p.m. No No 08- 105 1710 NW 27 Ave (Continuation) Page 2 34-Disturbance W0512098 2/20/97 10:48 p.m. No No 34-Disturbance W1501540 5/30/97 3:04 p.m. No No 34-Disturbance W1251028 5/5/97 12:39 a.m. No No 34-Disturbance V2791121 10/5/96 3:11 a.m. No No 34-Disturbance W2772202 10/4/97 11:25 p.m. No No 34-Disturbance W1961873 7/15/97 8:17 p.m. No No 98- 105 CRIME ANALYSIS DETAIL, REQUEST #97-166 PREPARED BY OFC. J. MANN 1750 NW 27 AVE OCTOBER 1,1996 THRU OCTOBER 26,1997 FINAL SIGNAL INCIDENT # DATE TIME REPORT ARREST 13-Information W2881264 10/15/97 9:30 a.m. No No 13-Information W2711429 9/28/97 12:13 p.m. No No 13-Information W2661635 9/23/97 3:59 p.m. No No 13-Information W2641919 9/21/97 9:09 P.M. No No 13-Information W1551980 6/4/97 8:45 p.m. No No 13-Information W1242042 5/4/97 11:40 p.m. No No 13-Information W1231952 5/3/97 8:27 p.m. No No 13-Information W0862086 3/27/97 11:00 P.M. No No 13-Information W0641823 3/5/97 7:15 p.m. No No 13-Information W0051206 1/5/97 4:54 a.m. No No 13-Information V3511032 12/16/96 1:12 a.m. No No 13-Information V3191926 11/14/96 7:41 p.m. No No 18-Accident Hit & Run W 1531286 6/2/97 10:26 a.m. Yes No 98- 105 1750 NW 27 Ave (Continued) Page 2 19-Motor vehicle W0641309 3/5/97 11:06 a.m. No No 21-Stolen Tag W2472040 9/4/97 9:30 p.m. Yes No 21-Stolen Tag V3201464 11/15/96 1:18 p.m. Yes No 21-Stolen Tag V2851818 10/11/96 6:55 p.m. Yes No 22-Stolen Car V3041657 10/30/96 4:47 p.m. Yes No 22-Stolen Car V3062039 l l/l/96 10:37 p.m. Yes No 22-Stolen Car V3451187 12/10/97 9:24 a.m. Yes No 22-Stolen Car W2741167 10/1/97 7:47 a.m. Yes No 22-Stolen Car W2841040 10/11/97 12:32 a.m. Yes No 22-Stolen Car W2941162 10/21/97 7:42 a.m. Yes No 22-Stolen Car W0171146 1/17/97 6:35 a.m. Yes No 22-Stolen Car W1511995 5/31/97 9:14 p.m. Yes No 22-Stolen Car W1791913 6/28/97 8:43 p.m. Yes No 22-Stolen Car W 1741228 6/23/97 9:45 a.m. Yes No 22-Stolen Car W1631027 6/12/97 12:33 a.m. Yes No 26-Burglary W0461186 2/15/97 3:45 a.m. Yes No 26-Burglary W2671164 9/24/97 6:12 a.m. Yes No 27-Theft W2211027 8/9/97 12:22 a.m.' Yes No 27-Theft W2921400 10/19/97 11:34 a.m. Yes No 27-Theft W0291976 1/29/97 8:07 p.m. Yes No 27-Theft W0091794 1/9/97 6:34 p.m. Yes No 27-Theft W0211700 1/21/97 5:23 p.m. Yes No 27-Theft W0191327 1/19/97 11:18 a.m. Yes No 27-Theft W 1821241 7/ 1 /97 9: 51 a.m. Yes No 98- 05 1750 NW 27 Ave. (Continuation) Page 3 27-Theft V3321522 11/27/96 2:46 p.m. Yes No 27-Theft V3501322 12/15/97 10:32 a.m. Yes No 27-Theft V3521226 12/17/96 9:03 a.m. Yes No 27-Theft V2812103 10/7/97 9:59 p.m. Yes No 28-Vandalism V3651871 12/30/96 7:47 p.m. Yes No 28-Vandalism V3331216 11/28/96 8:18 a.m. Yes No 28-Vandalism W1991719 7/18/97 5:44 p.m. Yes No 28-Vandalism W0951463 4/5/97 12:19 p.m. Yes No 32-AssaultBattery W0911897 4/1/97 8:03 p.m. Yes No 34-Disturbance W0831738 3/24/97 5:30 p.m. No No 34-Disturbance W0801931 3/21/97 7:50 p.m. No No 34-Disturbance W0641953 3/5/97 9:19 P.M. No No 34-Disturbance W0331383 2/2/97 1:08 p.m. No No 34-Disturbance W2191044 8/7/97 1:04 a.m. No No 34-Disturbance W1811923 6/30/97 7:15 p.m. No No 34-Disturbance W1521461 6/1/97 11:55 a.m. No No 34-Disturbance W1012012 4/11/97 10:15 p.m. No No 34-Disturbance W1311864 5/11/97 8:57 p.m. No No 34-Disturbance W2922023 10/19/97 11:08 p.m. No No 34-Disturbance W2921959 10/19/97 10:15 p.m. No No 34-Disturbance W2212132 8/9/97 11:15 p.m. No No 34-Disturbance W2581617 9/15/97 4:12 p.m. No No 34-Disturbance V3051886 10/31/96 6:43 p.m. No No 34-Disturbance V2942002 10/20/97 11:57 p.m. No No 98- 105 1750 NW 27 Ave (Continued) Page 4 36-Suspecious Veh. W2201240 36-Suspecious Veh. W2881032 38-Suspecious Pers V3611690 38-Suspecious Pers. W0021009 38-Suspecious Pers. V3551803 38-Suspecious Pers. W0222010 55-Domestic Violence W2131646 8/8/97 8:14 a.m. No No 10/15/97 12:47 p.m. No No 12/26/96 6: 3 8 p.m. No No 1 /2/97 12:10 p.m. No No 12/20/97 8:41 p.m. No No 1/22/97 11:58 p.m. No No 8/1/97 3:47 p.m. Yes Yes 98- 105