HomeMy WebLinkAboutR-95-0713J-95-820
09/13/95
95- 713
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 92-820,
ADOPTED DECEMBER 10, 1992, WHICH DENIED AN
APPEAL FROM AND AFFIRMED THE DECISION OF THE
ZONING BOARD TO GRANT CLASS I SPECIAL PERMIT
APPLICATION NO. 92-0395 FOR A POOL HALL, WITH
CONDITIONS, FOR THE PROPERTY LOCATED AT 304
SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, ZONED
C-1 RESTRICTED COMMERCIAL, THEREBY DELETING
THE CONDITIONS THAT (1) THE HOURS OF
OPERATION BE FROM 10:00 A.M. TO 9:00 P.M., 6
DAYS A WEEK EXCLUDING SUNDAYS, AND (2) A
SECURITY GUARD LICENSED, UNIFORMED AND ARMED
AT ALL TIMES SHALL BE ON THE PREMISES WHILE
IT IS OPEN FOR BUSINESS.
WHEREAS, the City Commission on December 10, 1992, pursuant
to Resolution No. 92-820, affirmed the decision of the Miami
Zoning Board pursuant to Resolution No. ZB-113-92 adopted
November 2, 1992, which upheld the Zoning Administrator's
decision to grant a Class I Permit for a pool hall with three
tables in connection with a private club for profit, subject to
additional conditions; and
WHEREAS, the applicant, Manuel Reyes, appealed the City
Commission's decision to the Appellate Division of Circuit Court
on the basis that the conditions were in violation of
Section 1306 of City of Miami Zoning Ordinance No. 11000, as
amended, and were not supported by competent and substantial
evidence of record; and
QITY Commuss OI Id'
XBETINrc; OF
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WHEREAS, the Appellate Division of Circuit Court, in the
case of Manuel Reyes v. the City of Miami, Case No. 93-008 AP
filed its opinion on October 21, 1994 reversing the decision of
the City Commission as to certain conditions hereinafter
described and remanding the matter to the City of Miami to enter
the Class I Permit without said conditions;
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. Section 2 of Resolution No. 92-820, adopted
December 10, 1992, is hereby amended in the following
particulars'/:
"Section 2. The appeal in this matter is denied
and the decision of the Miami Zoning Board to grant the
Class I Special Permit Application 92-0395 for a pool
hall with three (3) tables in connection with a private
club for profit, Article 4, Section 401, Schedule of
District Regulations C-1 Restricted Commercial,
Conditional Principal Uses, Number 9, upholding the
decision of the Zoning Administrator in the approval on
September 10, 1992, with conditions, of the Class I
Permit with the following additional conditions: to be
reviewed every six (6) months by the Zoning Board, no
video games, no food preparation on the premises, no
liquor sold or consumed on premises, no activities
outside the enclosed premises,
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
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Gundate no loudspeakers, and no one allowed under 18
years of age, and a seeuri-ty quard 1-J ee'i sed, c..,,.. e
and armed at
all times while the pvemises are epen fer
business, for the property located at 304 Southwest 8th
Avenue, Miami, Florida, more particularly described as
Lot 1, Block 8, BRICKELL RIVERVIEW, as recorded in Plat
Book 5, Page 28 of the Public Records of Dade County,
Florida, Zoned C-1 Restricted Commercial, is hereby
affirmed."
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 28th day of September 1995.
i
STEPHEN P. CLA K, MAYOR
ATTES
WALTER J MAN
CITY CLERK
PREPARED AND APPROVED BY:
J1 M All 0 A-
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. �Q'UINN/ Jq1NES , Ii T
CIW ATTORNEY
W327.DOC
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members DATE 19.1995
TO of the City Commission DATE : FILE
Remand from the Circuit Court
SUBJECT : for 304 S.W. 8th Avenue
FROM : Ces O REFERENCES, Agenda Item, City Commission
Ci ger Meeting of September 28, 1995
ENCLOSURES:
S
i, I ciIDI It ' •
It is respectfully recommended that the City Commission amend the conditions
attached to Class I Special Permit Application No. 92-0395 for a Pool Hall at
304 S.W. 8th Avenue, in order to delete conditions #3 and #6 specifically
related to limited hours of operation and the requirement for a licensed,
uniformed and armed security guard at all times. See the attached Zoning Fact
Sheet and backup for additional information on the original application.
On October 21, 1994, the Appellate Division of the Circuit Court upheld the
decision of the City Commission on December 10, 1992, to approve the requested
Class I Special Permit with all of the conditions except for condition #'s 3
and'6 as described in the attached backup package for this item. This hearing
is on remand from the Circuit Court Appellate Division in order to modify City
Commission Resolution No. 92-820 to comply with the Court's decision.
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_ __ _ . nv 1 Vitt-t- t
LOCATION/LEGAL 304 SW 8 Avenue
APPLICANT/OWNER Ernesto Capote
Teatro Marti
420 SW 8 Avenue
Miami, Florida 33130
545-7866
ZONING C-1 Restricted Commercial
REQUEST Appeal of the Class I Special Permit application 92-0395 for a Pool Hall with three
(3) tables in connection with a private club for profit, per Article 4, Section 401,
Schedule of District Regulations, C-1 Restricted Commercial, Conditional Principal
Uses, No. 9, which was approved with conditions by the Zoning Administrator on
September 10, 1992.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING
PUBLIC WORKS No Comment.
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No Comment.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 91-1548 Last Hearing Date: 09/25/91 Found: GUILTY
Violation(s) Cited: Failure to provide required off-street parking.
Ticketing Action:
Affidavit of Non -Compliance issued on: 12/01/91 Daily Fine: Lien Recorded On: 01/07/92
Total Fines To Date: N/A
CEB Action: To comply by 11/28/91 or be fined $100 per diem; Complied on 12/13/91; Release of Lien on
02/27/92.
HISTORY
ANALYSIS See attached recommendation.
ZONING BOARD Denied the appeal, upheld the Class I with conditions. (Res. No. 113-92)
APPELLANT
CITY COMMISSION
APPLICATION NUMBER 95- 108 Page 1 November 2, 1992 Item# 6
0ir-- a):a.3
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RECOMMENDATIONS:
Planning Building & Zoning Denial of Appeal
ANALYSIS:
The applicant for the Class 1 Special Permit for a Pool Hall at
304 S.W. 8th Avenue is not the same person as the operator that
i
was cited under CEB Case No. 91-1548.
The applicant meets all zoning requirements and notified all
i
adjacent property owners who indicated no objection.
The only objection was from Mr. Ernesto Capote of Teatro Marti,
located a block away at 420 S.W. 8th- Avenue. His objection was
based on the assumption that this type of operation would draw
undesirables to the area, such as drunkards, criminals and drug
addicts.
I requested an opinion from the City Attorney's office on whether
I could deny a Special Permit based on assumed criminal or
disruptive activity. The response from Mr. Joel E. Maxwell,
Chief Assistant City Attorney, was in the negative (See attached
copy of memo dated September 21, 1992).
I therefore approved the Class 1 Permit No. 92-0395 with
conditions. (See attached).
9 5 -- 17 "" 3
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NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT tN AND
FOR DADE COUNTY, FLORIDA
APPELLATE DIVISION
Case No. 93-008
K,
MANUEL REYES
Appellant,
M
THE CITY OF MIAMI
Appellee.
OPINION FILED Octot)er 21, 1904
An appeal from Resolution 92-820 of the City of Miami, City
Commission, bade County, Florida.
Leonard H. Rubin for the Appellant, Karen S. Pec:ko, Assistant
City Attorney, for the Appellee,
Before Robbie M. Barr, Jennifer Bailey, and Alan S. Gold, J.J.
ALAN S. GOLD, JUDGE.
Appellant, Manuel Reyes, appeals from Zoning Resolution Number
92-820 of, the City of Miami., which denied Appellant's appeal from
the City's Zoning Board and upheld the issuance of a Class I
Special Permit for a pool hall with three: tdble5 in connection with
a private club for profit, subject to certain additional
conditions, including that ( 1 ) the hours of operation be from 10: 00
A.M. to 9:00 P.M., six days a week excluding Sundays, and (2) a
security guard licensed, uniformed and armed at all times be on the
premises while it is opened far business (here.inafter
"conditions"). Appellant contends that the conditions are in
violation of Section 1306 of the City of Miami Zoning Code and are
1
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unsupported by competent, substantial evidence of•record. We find
merit in Appellant's arguments and reverse.
The Appellant filed his application for Class I Special Permit
to operate a three table pool room at 304 S.W. 8th Avenue, Miami,
Florida. The Zoning Administrator granted the permit as being in
compliance with the City's zoning ordinances, subject to the
limitations that the use include no video games, no food
preparation, no beer, wine or liquor to be sold on the premises and
no activities outside the enclosed premises. Prior to issuing the
permit, the Zoning Administrator was advised by the City Attorney
that he lacked discretion to deny the permit based— on assumed
criminal or disruptive activity by a prior tenant of the premises,
with the same type operation, if the application otherwise met all
applicable land use regulations.
After the permit was granted, an adjacent business owner, as
an aggrieved party, filed an appeal of the permit to the City's
I
Zoning Board. By Resolution ZB 113-92, the Zoning Board, following
jnotice and public hearing, denied the appeal, but imposed
I additional conditions on the Class I Special Permit, two of which
ro
were the subject of the Appellant's appeal to the City of Miami
Commission. Neither the Zoning Board nor the City Commission set
for.'Lh Lhe Reasons for Lhe conditions, although, evidently, they
were imposed in response to concerns heard from objectors during
the hearing before the Zoning Board.
The City's resolution under appeal is the result of a quasi-
judicial process concerning the issuance of a permit. Jennings v.
2
9 5 - 713
Commission fails to contain competent, substantial evidence
establishing a substantial relationship between the conditions
imposed and the need to be regulated. It is tundamental, and long
established, that there must be a substantial and reasonable
relationship between the need for the zoning restriction and the
public.. health, safety, morals or welfare to justify interference by
exercise of the police power, with an owner's right to enjoyment of
property. City of Miami Beach v. Lachman, 71 So. 2d 148 (Fla.
1948). Without such a substantial relationship, the zoning action
is in violation of basic substantive due process rights. This
fundamental constitutional, protection is also .reflected in Section
1306 of the City of Miami Zoning Code where conditions or
limitations are prohibited beyond that which is reasonably
necessary to accomplish the purpose for which the safeguard J.s
imposed.
It is undisputed that the Appellant established before the
Zoning Administrator and the Zoning Board that the application for
Class I Special Permit complied with all substantive and procedural
requirements of the City's land development regulations. At this
point, the burden shifted to the City to demonstrate that the
additional conditions were reasonably necessary for the
accomplishment of a legitimate governmental purpose. CLy Com'rs�of
Brevard v.-Sy r., supra, 627 So. 2d at 476. As indicated, no such
evidence sufficiently appears of record. Instead, the record
establishes that the conditions are arbitrary and discriminatory.
The condition that this three table poolhall be restricted in
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ZUN I U I -=-w,` u uu uv r u• i u r L[1�.,;, � Ll �. f iF U/
06
its hours of operation from 10:00 A.M. to 9:00 P.M., six days a
week, is directly contrary to the City's own ordinance which
governs the operation of all other poolhalls in the City of Miami..
As noted in the City's own brief, with exceptions not applicable
here, Section 5-1, City of Miami Code, mandates that poolrooms be
closed no later than midnight and reopen no earlier than 8:00 A.M.
Answer Brief of Appellee, page 3. The record fails to establish by
competent, substantial evidence any reasonable necessity to single
out this one small business for such disproportionate treatment
other than Lhe neighbors unsubstantiated fear that Appellant will
permit illegal activities on the premises as did the former tenant.
As to this matter, the City's own attorney correctly advised the
Zoning Administrator that the requested Class I Special Permit
could not be denied based on assumed criminal or disruptive
activity,
Similarly, the condition requiring "art armed, uniformed and
licensed security guard at all times" is likewise unsupported by
competent, substantial evidence demonstrating a substantial and
reasonable necessity between the condition imposed and the need the
City seeks to regulate. The City conceded at oral argument that no
City ordinance of general applicability imposes such an obligation
on other poolrooms, regardless of the number of tables involved.
Nonetheless, the City argues such conditions may be imposed on a
case by ease basis under Section 1305.8 of the City of Miami. Zoning
Code which pertains to the "control of adverse effects generally."
Such a broad reliance on this generally worded section of the
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zoning code is in direct conflict with the well established
principle that all, persons similarly situated should be able to
obtain a permit approval upon meeting uniform standards. See Cif
Nat'l Bank of Miami v. City of Coral Springs, 474 So. 2d 964, 634
(Fla. 4th DCA 1965); City of Lauderdale Lakes v. Corn, 427 So-2d
239 (Fla. 4th DCA 1983); Park of Commerce v. City of. Delray Beach,
606 So. 2d 633, 634 (Fla. 4th DCA 1992). Otherwise, the official
approval or denial of such a permit would depend upon the whim or
caprice of the public body involved. Property owners are entitled
to notice of the conditions they must meet in order to improve
i,
their property in accord with the existing zoning and other
development regulations of government. Park of Commerce v. City of
Delray Beach, supra, 606 So. 2d 633, 635. As stated in the Park of
Commerce case by the Fourth District Cuu.tt of Appeal, "(tlhose
conditions should be set out in clearly stated regulations.
Compliance with those regulations should be capable of objective
determination in an administrative proceeding." Id.
Accordingly, we reverse and remand to the City of Miami to
enter the Class 7 permit in question, absent the two conditions in
question.
ROBBIE M. BARR AND JENNIFER BAILEY, J.J., CONCUR.
COPIES FURNISHED TO:
COUNSEL OF RECORD AND
TO ANY PARTY NOT REPRESENTED
6
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J-92-932(a)
11/24 f 92
RESOLUTION NO. 9 2- 820
I
A RESOLUTION DENYING AN APPEAL FROM AND
AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT THE CLASS I SPECIAL PERMIT APPLICATION
92-0395 FOR A POOL HALL WITH THREE (3) TABLES
IN CONNECTION WITH A PRIVATE CLUB FOR PROFIT,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, C-1 RESTRICTED COMMERCIAL,
CONDITIONAL PRINCIPAL USES, NUMBER 91
UPHOLDING THE DECISION OF THE ZONING
ADMINISTRATOR IN THE APPROVAL ON
SEPTEMBER 10, 1992, WITH CONDITIONS, OF THE
CLASS I PERMIT, WITH THE FOLLOWING ADDITIONAL
CONDITIONS: TO BE REVIEWED EVERY SIX (6)
MONTHS BY THE ZONING BOARD, NO VIDEO GAMES, NO
FOOD PREPARATION ON THE PREMISES, NO LIQUOR '
SOLD OR CONSUMED ON PREMISES, NO ACTIVITIES
OUTSIDE THE ENCLOSED PREMISES, HOURS OF
OPERATION FROM 10:00 A.M. TO 9:00 P.M., SIX
(6) DAYS A WEEK EXCLUDING SUNDAYS, NO
LOUDSPR"RRS, NO 002 ALLOWED UNDER 19 YEARS OF
AGE, AND A SECURITY GUARD LICENSED, UNIFORMED
AND ARMED AT ALL TIMES WHILE THE PREMISES ARE
OPEN FOR BUSINESS, FOR THE PROPERTY LOCATED AT
304 SOUTHWEST STH AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), ZONED C-1
RESTRICTED COMMERCIAL.
WHEREAG, tho Miami Zoning Board at its 1tmpAt; na of
November 2, 1992, Item No. 6, duly adopted Resolution ZB 113-92
by A aPven to two 17-2) vote. denvino the appeal and upholding
the Zoning Administrator's decision to grant the Class I Permit
as hereinafter set forth; and
WHEREAS, the applicant, Teatro Marti, has taken an appeal of
said Zoning Board's decision; and
01TV C011 dISSiON
MEET!= OF
DEC 10 T92
Atr^I-Ai:o R0.
92- 820
Q;S- 7-`11
3
RUG—Ze 'y Z3 11L.ry 1 a .a L P R4
WHEREAS, the City Commission after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to deny
the herein appeal from the Zoning Board's action and to affirm
the decision of the Zoning Board;
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 appeal in this matter is denied and the
decision of the Miami Zoning Board to grant the Class I Special.
Permit Application 92-0395 for a pool hall with three (3) tables
in connection with a private club for profit, Article 4, Section
401, Schedule of District Regulations C-1 Restricted Commercial,
Conditional Principal Uses, Number 9, upholding the decision of
the Zoning Administrator in the approval on September 10, 1992,
with conditions, of the Class I Permit with the following
! additional conditions: to be, reviewed every six (6) months by
the Zoning Board, no video games, no food preparation on the
premises, no liquor sold or consumed on premises, no activities
i
outside the enclosed premises, hours of operation from 10:00 A.M.
TO 9:00 P.M., six (6) days a week excluding Sundays, no
loudspeakers, no one allowed under 18 years of age, and a
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92- 820
9 5 d ;. 3
e
security guard licensed, uniformed and armed at all times while
the premises are open for business, for the property located at
304 Southwest 8th Avenue, Miami, Florida, more particularly
described as Lot 1, Block 8, BRICKELL RIVERVIEW, as recorded in
Plat Book 5, Page 28 of the Public Records of Dade County,
Florida, Zoned C-1 Restricted Commercial, is hereby affirmed
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this loth day ofj^ Decer , 1992.
ATTES
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY%
(-►a- 109-9-0--
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Q[J .7 E ,
CITY ATTOR E
IMA:ra:M32 7
- 3 -
aR L. SUA EZ, MAYOR
/3
92- 820
M05— 713
LAW OFFICES
LEONARD H. RUBIN
—Z SUITE 1125. ALFRED 1. duPONT BL'1LDING
169 EAST FL_ACLER STREET
MIAMI, FLORIDA 33131
TELEPHONE
10 November 1992
374-0544
Ms. Teresita Fernandez
Chief, Hearing Boards Division
Planning, Building & Zoning Dept.
CITY OF MIAMI
275 N.W. 2nd Street
Miami, Florida 33128
Re: Appeal to the City Commission
ZB113-92 of November 2, 1992
imposed additional conditions
Permit in C-1 Zoning District
Duel Reyes for a pool roam
Ave.
Dear Ms. Fernandez:
BOARD CERTIFIED CIVIL TRIAL LAWYER
BOARD CERTIFIED IN MARITAL LAW
CRIMINAL LAW
MEMBER NEW YORK BAR
fV
of Zoning Board Resolution
(Item 6 of Agenda) which
upon the Class I Special
previously granted to
(3 tables) at 304 S.W. 8th
Pursuant to Sections 3201 and 3202 of Article 32, Section 1801
of Article 18, and Section 2001 of Article 20, of Zoning Ordinances
#11,000 of the City of Miami's Zoning Code, my client, Manuel
Reyes, takes his appeal to the Miami City Commission because he is
aggrieved by Resolution ZB113-92 of the Zoning Board of November 21
1992, as follows:
1. By passing its Resolution ZB 113-92 on November 2, 1992,
imposing additional conditions upon the Class I Special Permit in
C-1 Zoning District, for a pool room (3 tables) at 304 S.W. 8th
Avenue, including limiting business to six (6) days (by excluding
Sundays), and restricting the hours e�R operation until 9:00 p.m.,
and requiring the continuous preser,r, g of a licensed, uniformed and
armed security guard, the Zonine-,it;ard abused its discretion, and
departed from the essential reV.�,rements of law, and acted without
substantial competent evidence to support its resolution, and
imposed unconstitutional pre -conditions upon Manuel Reyes's use of
the Permit previously granted to him.
2. The Resolution is unreasonable, capricious and arbitrary
and is not rationally related to the zoning ordinances of the City
of Miami and were not contemplated by those zoning ordinances.
3. The Zoning Board improperly used Nuisance Abatement Board
procedures of Chapter 45.5 of'the City Code to regulate land -use,
14 and thereby acted beyond the scope of governing zoning regulations.
92- 820
9r,- 7 i
Ms. Teresita Fernandez
CITY OF MIAMI
j 10 November 1992`-
Page 2
I respectfully request that this matter be placed on the
agenda of the Miami City Commission for purposes of.a hearing on
this appeal to that body.
Respectf
Leonard H. Rubin
LHR/cwl
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Mr. Arsenio Milian offered the following Resolution.
and moved its adoption.
RESOLUTION ZB 113-92
AFTER CONSIDERING THE FACTORS SET FORTH
IN ORDINANCE 11000, AS AMENDED, THE
ZONING BOARD DENIED THE APPEAL OF THE
CLASS I SPECIAL PERMIT APPLICATION 92-
0395 FOR A POOL HALL WITH THREE (3)
TABLES IN CONNECTION WITH A PRIVATE CLUB
FOR PROFIT, PER ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, C-1
RESTRICTED COMMERCIAL, CONDITIONAL
PRINCIPAL USES, NUMBER 9, UPHOLDING THE
DECISION OF THE ZONING ADMINISTRATOR IN
THE APPROVAL ON SEPTEMBER 101 1992, WITH
CONDITIONS, OF THE CLASS I PERMIT WITH
ADDITIONAL CONDITIONS: TO BE REVIEWED
EVERY SIX (6) MONTHS BY THE ZONING
BOARD, NO VIDEO GAMES, NO FOOD
PREPARATION ON PREMISES, NO LIQUOR SOLD
OR CONSUMED ON PREMISES, NO OUTSIDE
ACTIVITIES, HOURF OF OPERATION FROM
10:00 AM TO 9:00 P*:, SIX (6) DAYS A WEER
EXCLUDING SUNDAYS, NO LOUD SPEAKERS, NO
ONE ALLOWED UNDER 18 YEARS OF AGE, AND A
SECURITY GUARD LICENSED UNIFORMED AND
ARMED AT ALL TIMES, FOR THE PROPERTY
LOCATED AT 304 SW 8 AVENUE ALSO
DESCRIBED AS LOT 1, BLOCK 28, BRICKELL
RIVERVIEW (5-28) PUBLIC RECORDS OF DADE
COUNTY (PRDC).
Upon being seconded by Mr. Ronald Fox the motion
was passed and adopted by the following vote:
AYES: Ms. Basila
Moran-Ribeaux, Fox, Barket
Milian, Sands and Luaces
NAYES: Ms. Morales and Mr. Alonso-Poch.
ABSENT: Ms. Perez -Nodal.
No. Fernandez: Motion carries 7 to 2.
November 2. 1992 Item 06
Zoning Board
09— Q9A
95" r'13
Teatro
420 S.W. Sth. Avenue - Miami, Fl. 33130
Tel: (3os) 545.78M - Fax 545-7351
September 21, 1992.
Ms. Teresita Fernandez
City of Miami Hearing Board =�
Planning, Building and Zoning Dept.
275 N.W. 2nd Street
Miami, FL 33128 T
a
RE: Appeal of the Decision of the Zoning Administrator to Grant a Class,
Permit for the Operation of a Pool Hall at 304 S.W. Sth Avenue '
Dear Ms. Fernilndez:
Pursuant to Section 1800 of the City's Zoning Ordinance, this shall constitute our appeal
of the decision of the City of M'iami's Zoning Administrator to grant a Class I Permit for
the operation of a pool hall at 304 S.W. Sth Avenue (the "Property"). The decision of the
Zoning Administrator was rendered on September 10, 1992.
Until very recently, another pool hall operated out of this location. Both the City and the
neighborhood had countless problems involving the hall and its patrons, including code
violations, which led the City of Mami Code Enforcement Board to revoke the facility's
certificate of use and occupancy.
The Property, which is zoned C-1, is not an appropriate location for this type of use. in
recognition of the fact that pool halls are not like other commercial uses that are permitted
as of right in the C-1 zoning district, the Zoning Ordinance provides that pool halls are
only permitted in the district by Class I Permit. In considering whether to grant a Class I
Permit, the Zoning Administrator, and the Zoning Board, on appeal, must consider the
impact of the proposed uses on other surrounding uses.
The operation of the proposed pool hall would have a substantial properties. The
proposed pool hall would detrimentally affect the value of our properties and would have
an injurious effect on the safety, health and welfare of our neighborhood
Attached to this letter is a list of individuals who oppose the establishment of the
proposed pool hall on the property. The attached group consists of residents, property
owners as well as friends and customers of the Testro Marti.
i7
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We have taken great strides towards the revitalization of this area of the City. The
approval of the pool hall would be a major setback to our efforts and achievemgAts.
Please notify the undersigned of the date for the consideration of this appeal by. the Zom
Board.
v
Sincerely,
Ern o Capot
�•a�.•� Qt.t,�.aat�
/rAA: �1
1`6
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95_
Edil.sardo Iglaesias
434 SW 8 Avenue
Miami, Florida 33130
Rolando Marrero
438 SW 8 Avenue
Miami, Florida 33130
.Felipe !Martinez
400 SW 8 avenue
Miami, Florida 33130
Noeai Perez
400 SW 8 Avenue
Miami. Florida 33130
Elida Cartageno
440-442 SW 8 Avenue
Miami, Florida 33130
Evelia Del Pozo
428 SW 8 Avenue
Apt. #3
Miami. Florida 33130
Ernesto Capote
Teatro Marti, Inc.
420 SW 8 Avenue
Miami, Florida 33130
Manuel Peres
304 SW 8 Avenue
Miami, Florida 33130
r
�Z
APPLICATION FOR CLL33 1 sPaCIAL OEM
oils •so.
It is intended that Class 1 Special Permits be required where
specified uses` or characteristics• of use are of a nature
requiring mandatory technical determinations or reviews to
establish special conditions and mateguards. In general, such
determinations and reviews will normally be by agencies or
officers other than the Department of Planning, and may involve
matters such as design for trafflop pprkiag and loading
facilitlea, health and environmental considerations, and legal
determination&.
The Zoning Administrator shall be responsible for, the
administration and processing of applications for Class 1 speoiat
Permits, and for determinations thereon. Decisions of the Zoning
Administrator regarding Class 1 Special permit& shall be affected
and limited by reports received on aaadstory referrals as
provided in Section 1402. (Section 1301'a). t
I NUj2 , hereby .apply to the Zoning
Adaffi strrator o Ehe City or Namurfor apptovai of a Class 1
Special Permit Under the provisions of Article 1; and•14 of the
City of Miami Zoning Ordinance•
Zoning Distriotr
Address of PropacO �..
�— K Mature at, Proposed use o aped 0
6VJ
Date of last special avant at this locations N 1.1
I attach the following In. support, or.•Oupianation ota this
ap licationt r ••
a riptioa of property.••aad/or •survey, �nd/or
ir
oor plan.
b) Si • , owing (as,requtred)' report'boundaries,
sainting and proposed strusture(a 9 pamia , land•
soaping, soreeningp e%e.0 with diaen&toma &at am puta•
tion of lot &reap floor area ragtag lot eoeerage, ate.
See Section 1308.=.1. Me
X o) yes of, $1000004 '
d) Atfidatit.
e) Notification of adjacent property owners. .
e t) Police Department Review (Need).••. •
_ ' g) Authorization MC y propertyf
„ h) Other .(apecity) (ec�C)9!�
UWFLe or.wes s;
Name a � t, P9 r
City. State, Up
Fora 8.8;
Zoning InspeoRorps aeeemmeaaadatit,•t
r
„N•! • 1
zoning MmWatrator' a aiMi"01
�t7�oCJ
After considering all recommendations and reviewing all
requirements and criteria of Zoning Ordinance 11000, as amended,
I find that the proposed use is in conformity with the terms,
requirements and purposes of- this ordinance and therefore.grant
this Special Permit for a Pool Room with the limitations as
listed:
1. No Video games
2. No Food preparation
3. No Beer, Wine or Liquor sold
or consumed on premises.
4. No activities outside enclosed m
premises. N D
The granting of this Special Permit is subject to appeal atMQ
Zoning Board of any person aggrieved or by any officers boar�,
agency within the City, within fifteen (15) calendar MR3 o 9.
date of this decision. r"i _'-1
J ep �,. Genuardi, P.E.w
O%
9,5 "I13
_1
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
`0 Joseph Genuardi, P.E. °ATE July 1, 1992
F•Le
Zoning Administrator
• SUBJECT Came Room Licenses
v
r V •y .
a ROM REFERENCES
Pablo Canton, Administrator
Little Havana N.E.T. ENCLOSURES
We are aggressively enforcing the City Code in all restaurants
that are operating as bars and specifically those with game room
licenses that look like bars.
I would like to maintain restaurants to resemble places where
families can go together for lunch or dinner and restrict the
availability of pool tables only to those that have a bar
license.
It is also important to regulate the opening of additional game
rooms (pool halls) in the Little Havana area as most of the
existing ones have a negative effect in the community.
There is one particular pool hall trying to open on S.W. 8 Avenue
between 3rd and 4th Street (across the street from Riverside
Park) and a block north -,of Teatro Marti. The opening of such
business will be detrimental to the area and request your
cooperation in denying their application if at all possible.
PC:dp
Au
92- 820
AJ?cWl
Inc.
;'. July 161992.
Commissioner Victor De Yurre
City of Nfiami
3500 Pan American Drive
Miami, FL 33133 y r
' RE: Billiard locted at
>` 304.06 S.W. SthAve.
Dear Commissioner De Yurre:
This letter is to inform you about a license that the City of Miami is issuing in favor of a person
establishing a billiard located at the address above.
We believe that this place will be a source of problems to our neighborhood, we had have this
problem before (Thorn is another billiard on Sth Avenue, between Flagler and First Street, that
also should be closed.) It will be a focus of people bad dressed; mostly men alone that drink a lot;
many of them criminals or drug addicts; a place constantly requiring the intervention of the police
squad.
Since our premises are located half block away, we are really concerned about the problems that
this kind of business will bring to the community and also to us. We are a business established
here for more than twenty-five years to entertain and cultivate people throughout the theater. If our
customers do not find a pleasant atmosphere they do not like to stay, they are afraid of parking the
cars, and even walk to the theater. This could force us to close our doors.
Please, do not let this to happen Help our community by avoiding the re -opening of this center.
Sincerely,
Ernesto pote
President
P.S. There are many decent business that could well grow in this area, we feel we are an example
to it. But they need the help of our representatives. •
MABILLCMDOC
JnA 0TIT o.r. A..--..- AI:.-: (`ngi ;4K.7`AJ
95— 713
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
-� 1u:1:erio 01medillo GATE. July 23, 1992 FILE
:eru;y Director
Josep�' 4. Cenuardi, .E.
Ccn:r�g Administrator
SUBJECT - Proposed Pool Hall at
304-306 S.W. 8th Avenue
REFERENCES:
ENCLOSURES•
In reference to the letter from Mr. Ernesto Capote to
Commissioner Victor De Yurre, please be advised as follows:
1. The property is zoned C-1, Restricted Commercial, which
permits Pool Halls by Class 1 Special Permit.
2. A Certificate of Use had been issued on September 24,
1990, for a game room under.Ordinance 9500 in a CR-3/7
zoning district to a tenant, Mr. Rene ):iallo.
3. On August 120 1991, the owner was cited for code
enforcement action for failure to provide required off-
street parking. The case was heard on September 25,
1991. The owner entered into a stipulation to find
parking by a certain date. Unable to do so, the
tenant, Mr. Fiallo, closed the business and the owner
received an affidavit of compliance on December 23,
1991.
4. On June 12, 19920 Mr. Leonard Rubin, attorney for Mr.
Manuel Reyes came to see me to discuss use of this
retail space and the requirements for parking. He
pointed out that all the businesses on this strip
retail structure, including a beauty salon and a coin
laundry and coffee shop, were operating without any
parking,
In researching our files, I found that the strip retail
building was built in 1948 without parking, since no
parking was required at that time.
Therefore, the building has a legal non -conforming
characteristic of use and unless a use requiring more
parking, such as a restaurant, no parking is required.
5. The owner proceeded to apply fqr a Class 1 Special
Permit for a Pool Room with three (3) pool tables. He
;NL
no nn^ 95- 713
i
I
Guillermo Olmedillo
Deputy Director
July 23, 1992
?AGE 2
provided me with a list of surrounding property owners
(Thirty (30)), indicating they have no objection to
this use.
o. I have received recommendations from the Zoning
Inspector, Eddie Borges, the NET Administrator Pablo
Canton and Mr. Ernesto Capote, President of Te atro
Marti, to deny this Class 1 permit based on the
problems they were having when the former tenant, Mr.
Fiallo was operating a game room (See attached
memorandum and letters).
7. I am now at a point where I will have to make a
decision to approve or deny this application. I must
now determine whether I can deny this based on past
illegal criminal activities at this location and on Mr.
Capote and. Mr. Canton's opinion that these criminal
activities will again take place.
I think perhaps we should obtain a legal opinion
because this issue has come up before. I have spoken
to Joel Maxwell, Chief Assistant City Attorney, and he
indicated, unofficially, that he does not agree with
Pablo Canton's memo.
If a pool or billiard parlor creates an undesirable effect. in an
area, then perhaps we should restrict these uses to C-2 or "I"
district or only permit them with a Special Exception which would
require a public hearing.
JAG/ jg
cc: Sergio Rodriguez
Pablo Canton
File
:�t5
95- 713
CITY OF MIAMI. FLORIDA
,INTER -OFFICE MEMORANDUM
� A. Quinn Jones, III
c,ATE August 18, 1992 TILE
City Attorney
sus,JecT Request for
Legal Opinion
nEFERENCES
Cesar H. Odio
City Manager ENCLOSURES
Your legal opinion is requested on the following question:
Can the City withhold approval and issuance of a Class
I Special Permit and a Certificate of Use (CU) to an
applicant based on the fact that the lessee of the
premises was cited by the police for criminal
activities when the business was being operated by a
.different tenant and based on. the concerns of the
surrounding neighbors that the illegal activities will
resume if a CU is issued for the same type of business?
Background
A Game Room, including billiard or pool tables, was being
operated at 304 S.W. 8th Avenue. Police had to intervene on
several occasions due to problems with gambling and drugs at the
location. The tenant finally closed after enforcement action.
Now, the owner of the property has applied for a Class 1 Special
Permit for a pool room and video game room, which is permitted by
Special Permit under the City of Miami Zoning Ordinance 11000, as
amended, in a C-1 district, which is the zoning designation for
this property.
They have met all toning requirements, including notification of
adjacent property owners.
We have received recommendation from the NET Administrator and
the operator of a nearby business, to deny this application based
on the past illegal activities and possible resumption of these
activities, and that this business (Pool/Game Room) would have a
negative effect in the community.
If you require any additional information, please contact Joseph
A. Genuardi, Zoning Administrator at 579-6800, Ext. 728.
cc: Sergio Rodriguez
Guillermo Olmedillo
Joseph Genuardi
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
� TO
Joseph Genuardi
Administrator, Planning,
Building and Zoning Dept.
FROM oe E Ma���Xlw
J
Chi ssistant City Attorney
DATE September 211
,, 1992 `L` A-92-53�
SUBJECT
Application for a Class-1
Special Permit
REFERENCES 304 S. W. 9 th Ave.
ENCLOSURES
The City of Miami may not withhold issuance of any land -use
approval if the applicant for such approval has met all
requirements. If an applicant for a Class-1 Special Permit
satisfies the requisites for such said permit's issuance under
the zoning ordinance, such permit should be issued immediately;
it being axiomatic that the governing body or official may only
act on an application for a permit .in accordance with governing
regulations.
Any deviation from the standards and criteria set forth in
applicable regulations indicates that the official may be acting
arbitrarily. Thus such action is impermissible.
If there are alleged criminal activities associated with an
authorized zoning use, the remedy is to utilize the Nuisance
Abatement Board procedures of Chapter 45.5 of the City Code to
limit such public nuisances. The City's zoning ordinance does
not deal with criminal activities. It is a land -use regulatory
instrument.
JEM:ep:M393
cc: A. Quinn Jones, III
City Attorney
Sergio Rodriguez
Director of Planning,
Building and Zoning,Department
Joseph W. McManus
Deputy Director of Planning,
Building and Zoning Department
a7
9r,- 7 13
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CERTIFICATE OF USE
CITY OF MIAMI • BUILDING A ZONING DEPARTMENT
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AVMCANi
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
r0 DATE c L---
Teresita Fernandez, Chief September 15, 1992
Hearing Boards Section SUBJECT
E1 Club Latino
304 S.W. 8 Avenue
FROM ' ' ' — t^"" REFERENCES
Pablo Canton, Administrator
Little Havana N.E.T. ENCLOSURES
Enclosed you will find a Class 1 Special Permit signed by the
Zoning Administrator Joe Genuardi on the above referred address.
The approval of a pool room in the area will cause a negative
impact in an area which we are trying to improve.
I would like to testify together with police officer Noel Nogues
on behalf of the neighbors in the area. I would appreciate if
you could inform me as to the time and date of the hearing.
PC :dp
01: Z!d Z 1 d3S Z6.
Z
. i,cuple.
Bring hope to the children of East Little Havana �'/�,
_. L1ly k7-c)
kTER THE TRAGIC and senseless
Little Havana is suffering from the flight
low motivation, a lack of long-term goals,
fatal -shooting of 3-year-old Bernabe
of its more affluent residents toward
and an increasing sense of moral irrespou-
Ramirez, East Little Havana's
Dade's suburbs- These refugees from
sibility. These are all typical traits of a
transformation into "Vietnam".— as resi-
urban ills take with them a solid tax -base
dangerous, self-defeating subculture, the
dents nave Iong called
and a degree of Ieverage over local liti-
natural breeding ground for the criminal
it — ceased to be an
cians. That leaves a social, c ura , and
activities of the gangs and individuals,
aniusing metaphor.
po itical void for the newest wave of East
who terrorize the Rarnuezes' neighbor -
The decent people
Little Havana residents. Mostly recent
hood.
who live in the area
immigrants from Cuba and Central Amer-.
George Valdez, 35, who grew up in the
west of the Miami
ica, they -bring with them imited resources
area, eloquently summarized the feelings
River but east of 12th
a;:
and zero poll i u .
of many residents who believe -that they
Avenue between
Northwest Seventh
' :.
e avan�is also'reeling from are condemned to a life of poverty and
tl�e cumulative impact of years of official,f�,insecurity: -There is not ins here for the
'
Street and Southwest
��.�>Mr:�;b - .'>� ��
.n glect. It threatens to get worse in this era T
k ds of this neighborhood_ They have been
I l th Street of course
�A��E�
of shrinking budgets, at a time when the -
e says_ --And what happens
have never found anv?
dilemma facing local officials is: What's.
you abandon something? Weeds
thing comic in the met-
M®RCATE
the lesser evil — cutting social services for
grow." Hierba mala, or bad grass.
aphor. They feel that
the poor or slashing police and fire protec-
Isabel Ibalmea has lived in Little
they are the victims of SPECIAL
tion l Or, what is less harmful — closing
Havana for two decades. She has seen one
a cruel hoax perpe- ONTRIBUTOR
clinics and hospitals for the indigent or _
family after the other disintegrate. "Par -
rated b local
neglecting the maintenance and repair of
ents work their butts off day after day to
and vwa t 11d w ave i ored
ublic housing, streets, and parks?
try to cope with the rising cost of living,"
t eir p i is
As a financially strapped city govern-
she says. "When they come home late in
i o.one can change what'already has
ment begins to retreat from East Little
the evening, they are not in a mood to
befallen the grieving Ramirez family, but
Havana, there begins to emerge a highly
police their kids."
there is still tim to cban a the rapid Bete-
visible, yet marginal, subculture. Its
America's prevailing conservative
rioratio at is i ting so much of Little
r� 1 hers feel left out of
mood _wants us to believe that the best
Havana.
mainstream society, w ich doesn't hold
antidote to our neighborhood's "weeds" is
Like traditional immigrant neighbor-
out any rewards for them. They pursue
to spray them with more jail cells and
hoods in .other densely populated cities,
instant gratification and are saddled by
more severe punishments. At best such
dubious "solutions" treat only the symp-
toms of what ails the residents of the coun-
trv_'s Little Havanas.
To seek effective solutions to crime, we
must fight the causes of social alienation:
family disintegration, destitution, unem-
ployment and underemployment, illiter-
acy. These ills carry the stigma of social
and economic inequality, kmerica's most
corrosive malaise.
It may no longer be fashionable tc
advocate remedies for the root causes of
crime. Yet there is nothing new' -about the
real cures for these social ills. It is widely
bel}eved, for instance, that the disintegra-
tion of families is ameliorated by provid-
ing people with stable, well -paying jobs —
a goal that corporate America has all but
abandoned.
The crude reality is that neither govern•
ment nor most Americans are in the mood
-to contemplate hard, yet realistic, reme-
dies for the 'plights of places such as�a_s_t
Little Havana. This raises, then, a ma
rou ng ques ion: How many little Ber�
nabes must die before we, as a society
once again muster the courage to counter
social inequality and injustice with serf
ousness?
'Nalist Fcarpa-n
Gs Clerk
9 5 - ' 13