Loading...
HomeMy WebLinkAboutR-93-0070J-93w48(a) 1/12j93 RESOLUTION NO. 9 3 - 70 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING 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, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW A BEER AND WINE BAR FOR THE PROPERTY ,LOCATED AT 1751 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 15-17, 32-38, AND WEST 5.4' OF LOT 39, BLOCK 2, LAWNVIEW, AS RECORDED IN PLAT BOOK 3 AT PAGE 154 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ZONED C-1, RESTRICTED COMMERCIAL. WHEREAS, the Miami Zoning Board at its meeting of December 7, 1992, Item No. 1, duly adopted Resolution No. ZB-123-92 by a eight to zero (8-0) vote, denying a Special Exception, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds that the application for a Special Exception does not meet the applicable requirements of Zoning Ordinance No. 11000; 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. GTTY COMMSSION MEETING OF JAN 2 8 1993 Rewluflon Na 3 Section 2. The decision of the Miami Zoning Board to deny a Special Exception from Ordinance No. 1,1000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, C-1 Restricted Commercial, Conditional Principal Uses, to allow a beer and wine bar for the property located at 1751 Southwest 8th Street, Miami, Florida, also described as Lots 15-17, 32-38, and west 5.4' of Lot 39, Block 2, LAWNVIEW, as recorded in Plat Book 3 at Page 164 of the Public Records of Dade County, Florida, zoned C-1, Restricted Commercial, is hereby affirmed and the Special Exception is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of Jnu ry 1993. ATTEST: IXATTY HIRAI CITY CLERIC PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY M3372/GMM/rcl ,VIER L./SUAR.EZ , MAYOR APPROVED AS TO FORM AND CORRECTNESS: ACMACM91q JOVEls, fir CITY ATTOR�/ -2- 93- 70 mwopl' Z 10 20NING FACT $MEET LOCATION/LEGAL 1751 SW 8 Street Lots 15-17, 32.38, and West 5.4' of Lot 39, Block 2, LAWNVIEW (3-164) PROC APPLICANT/OWNER Paul Jeremie Francisco Hidalgo, Agent 17890 W. Dixie Highway 1118 1751 SW 8 Street North Miami, Florida 33160 Miami, Florida 33135 937-4841 541-5695 } ZONIN6 C-1 Restricted Comercial/SD-12 Buffer Overlay District 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, C-I Restricted Commercial, Conditional Principal Uses, to allow a beer and wine bar. RECOMMENDATIONS: PLANNING, BLDG i ZONING Denial. PUBLIC WORKS No Comment. PLAT AND STREET N/A DADE COUNTY TRANSPORTATION No Comment. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Nearing Date: N/A Found: N/A Violation(3) Cited: N/A Affidavit of Mon -Compliance issued on: N/A Lien Recorded on: N/A Total Fines To Date: N/A Coeaments: N/A 41STORY ANALYSIS The submitted purrs for the proposed beer and wine bar, along with the depicted pool tables, are a highly intensive use for this particular portion of S.W. 8th Street, especially in light of the fact that there will be alcohol consumed on the premises and that late night hours are comm. There are currently sufficient bars and pool halls in the neighborhood to meet the needs of the area, and there are over 1100 locations citywide in which beer and wine can be obtained. Introducing another such facility to this particular area will have an overall negative impact on the adjacent residential neighborhood. Reasonable use of the existing space can be achieved by the establishment of another less intone commercial use which Meets all of the existing toning requirements. 93- 70 - I (.. , AMICATION KMER 92- 117 December 7, IM Items 1 Page 1 11/25/92 At its�'9' 1992, t Ltxaitxtg vow of ZONING BOARD rM0jU ► 0 123-92, ioq denial c a a One PROPONENT ENT and three OPPOIENTB were present at the meeting. Four replies AGAINST were received by mail. FRANCISCO HIDALGO 1751 SW M STREET MIAMI, EL, 33135 TEL: (305) 541-5695 DEC. 17TH, 1992 T To: Hearing Board Division Building & Zoning Dept. 275 NW 2nd St. Fdn. 226 Miami, PI# 33128 Attn. Mrs. Zhx"ita Fernandez, Ref: Hearing # 92-117 Prop. ems: 1751 SW 8th St. Dewar Mrs. Ferrkhdez : I herekV appiLcto the City of Miami zoning Board for an appeal on the Hoard's deciasJM--thi,scgast December 7th, 1992, crying my petition for special exeption. i feePoat the recatu*ndastion to deny by the Plannin90 Bdg & Zoning Dept.,, and theSt arsalmsis was imcurate, and that it carried weight with the Board's deaiai w Sincerely, 14 •. N 93- 70 f Ms. Elba Morales offered the following Resolution and moved its adoption. RESOLUTION ZB 123-92 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD DENIED 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, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW A BEER AND WINE BAR FOR THE PROPERTY LOCATED AT 1751 SW 8 STREET ALSO DESCRIBED AS LOTS 15-17, 32-38, AND WEST 5.4' OF LOT 39, BLOCK 2, LAWNYIEW (3-164) PUBLIC RECORDS OF DADE COUNTY. Upon being seconded by Mr. George Barket the motion was passed and adopted by the following vote: AYES: Ms. Basil& and Morales Sands, Luaces, Moran-Ribeaux, Fox, Barket and Alo+nso-Poch NAYES : None. ABSENT: Mr. Arsenio Milian No. Fernandez: Motion carries to 8 to 0. Deem ber 7, 1992 Item # I Zoning Board 93- 70 n F11'_�r3�ral ROOM ROOM s �Q� IaeL�i :�e�ic 4ll .._. iaeea��eeus lilt logo� �aaaam°dmm avevovo��m� �mameemm0oo + , " • M 1, LIO 14 ! ! { ai K1 40 �� 33 I. �� ,201t� ti 3 4� a I t�y�Z • �� t • ! a t + ! I _ •� •� •1 N •I ( w TT • • • I�_� t t • • t �c Node LITTLETRACT VANA ! r y rRa ;j It 11140 I,V 6 t 0 Ili 111 Ila • t �r�Ir i 1 l i I jf foe ( G ~•FOR S.var. 5 Si' 111IL�E• C� {aR .•�tibcQ ,ba t, 91, tt e, 1• t! t I Io • li I 1 not 9 41 - 4 �110. 1 • ,0 ,• r SJM. I r ;� ! t � • • • � � \ 2t Y • r• t 11 t• to 19 .t 1! it is I 1j 7 �.......�� S 7 t 22 i• 1i at of as it ,• Ir to Is It 1. S.W. 10 S. i 1 ! 0! • ! le • 11 !II 23 t• u :=it+ to 1• �t • le . • ,• + eo{ t . tr sw.,� at e� •t W de JIGs ' tt Ia� lilto e 9 • ST. r • • c 7� :• :• t o , to �, �, • �. sT® Mona 1 i• IIlE III II lel I. ft 1• /f N li t- ST 1 R . ! • 1110 11 1� � i• Z• t L i t to 91 t I•I,♦ , • f , S T. 1 iT v 7; W7�lftic q—w- W. 41A �10 N%) im A6 Np zz op", --k RI AFIX. I�W -40 — !vo ... 'Al n ME k aw. - t2�; Skm 'TIT Ol mug wCall APPLICATION FORA CLASS 0 SPECIAL PERMIT OR SPECIAL EXCEPTION File Number ©SE-83-®,. Within the City generally, or WrMin certain to fig disr+tcts, cartain suuatures, uses, h wWor occup mctes specified in this wdhwwg are of a nature requiring special and int"ve review to determine whettiar or not they should be pwmttted in specif tc iocatWp% and it sob the special Um ttatiM4 cadtioru, and saf e8uarft which should =- be applied as reasady neceaery to pronmote the gourl A purposes of this ZMUV Ordiruatce, and, in partfcWar, to protect aOotMWV prvpsrdss and the neighborhood } tram avotdabie potenataliy adverse effect& it is fuWw tnterded that the expertise _ anmd Aidgmmt of the Ze ft Board be es cL"d in mddng swh determination% in acaordtce with the rules, condderattone and Umitarttons rehroV to Clarss D Special i . pwmtts and Special Ecepttwm (See ArUctaJ'S I Formal pubis notice and howft is not mandatary for Class D Special Permytts, but is mandatory for Special ZrcepdorM DR other ngwcL% then claws of special permtts are ate =no. 7M Zamt board shall be sddy mow"* * Par determtnatftm on gWUcattons for Class D Special Permits amid Speelad �eoaptioa4. Ail 0010001 qn 6t these classes Of special psremtU ahali be referred to aw d rect r of the Departamans Of Piing for Ids -rgcommermdMMM and the dtrer"£ar swl ndoa my further re wrWs ra p&ed by these rqwlatiom hereby apply to the Pity of Class 0 $pedal Permit special Eicception for property Ivoatvd at 1751 S.W. Sth Sty"t. Miad, Florida 331Is - Micni. Nature of Prop wW the (8e'pecf f tc) UM G WM "t__ - r� 93- '70 Form10-83 93- 70 • F .M-A _v. ;- r 3TATt Of MAIDA) }as COW" Of CAM F hefore so, the urAerrigned authority, this day personally appeared ai = am.— , who bring by so first duty sworn, upon oath, 4e000e6 and rarer I. 'that he is she ew:wr, or the legal representative of the owner, submitting the accompanying application for a public hearing as r"ti>:ed br ostlrwmo 11000 of the Code et the City of l MLO Florida, effaWeiig tho seal psapos y located in the City of UNA, as doe asib" and Raced on the papm attached to this affidavit am made a past thasest. 2. 'leas all owness Wonsan he ropmen", if anr, have 90" thels full and cools" pemlesies► far him to twat is their behalf few the clime of me"Clageioo of a classification or rawpmlatum of $"A" a on ooe is the ""OP TLAV pent". i . iAse an pages ass"b d here" am moot a past o f this adsifawtt oeat"* the Cessennt mono, aailinN oddseares , phone nurme and lapel dfoesiptieas !es the seal pseposty which he is the owew or 1"" - 010- !. 1" fW" as aeaeaf its Wn applleaelon and doeus> -k&s sYaLteawt SA areayuastioa with chin alflda+bt use true am e020aRs0 ftrome Asc# "S "I th aft. Swaim to apt s s befcae ai t is ,1f t !!y Casaaissip�f inepi;esi i f010 r, 93_ 70 MW DISCLOSURE OF OWNERSHIP 1. Legal 4escription and street address of subject real property: LAWNVIEW PB 3-164 BLOCK 2 ' LOTS 15-17, 32-38 AND WEST 5.40 FT OF LOT 39 AKA 1749-1755 SW 8TH ST. r MIAMI FL. 2. Ow er(s) of svbjtct real property and porcontaga of ownership. Note: City of Mini Ordinance No. 9419 requires disclosure of all parties having A financial interest, either direct or indirect, in the subject setter of a presentation, request or petition to the City Coeission. Accordingly, question 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate into ► T g, oMaoai NOTARI tau ' �1�a A Mdl9A:.•w0A 1000 OWNERSHIP PAUL JEREMIE 4 mm.n .8480 W eaarfttrpi, as 3. Legal description and street address of any real property (a) owned by am patty listed in answer to question 02, and (b) located within 313 fat of the subject rat property. LAWNVIEW PB 3-164 BLOCK 2 LOTS 25-31 INCLUSIVE - 100% OWNERSHIP PAUL JER STATQ OF FIXIOA SSt CUM OF OAK } PAUL TEREMIE , being duly swan, deposes and says that he is the .(Owner) (Attorney for Owner) of the real property described in areswMr to question #I, about; that he has raw the foregoing answers and that the seep are true and cooplote; and (if wtieq als attm" for owner) that he has authority to execute the Oisclasure of Ownership fart as behalf of the owner. C SMOQN TO AM 9JhSCR18 0 -, before ue this 19T_ day of Nov. 192; NY COMISSiO# EAiIMM: t..,/ . PAUL No.-, � NMq4W11C. state of nomda at Lads OARLOS J. HARADIAGA Ry� �" WW93�- 70. 0 form a24e Us IT dl 4""*qI LIMITED POWER OF A77ORNEV (with Durable Provision) TO ALL PERSONS, be it tntrrn, that 1, PAUL JEREMIE 4 DARE COUNTY, FLORIDA FRANCISCO HIDALGO Is Grauor. 3o "by mats arsd `rant a limited and Specific power t,( stuwmy to Of DADE COUNTY,FLORIDA ind aromm and constitute said individual at my ammey •,ndact, Mr nansed suostntyin•ftsct Owl m t foil power NOW Amith ? to andattaitt, cotmmn and perfontt only the followet acts on my be1Wf w dw (swat essent ty Ill 110600010 ptlnortMiy: all with tuts Power of stdtswt um and revncum a tke Pr wA* (Dea nbe spacdk *Ahern» TO SUBMIT AN APPLICATION, PREPARE ALL PAPERWORK, MAKE ALL APPEARANCES AND DO ANYTHING THAT MAY OTHERWISE Sr. NECESSARY IN CONNECTION WITH APPLYING FOR A ZONING EXCEPTION FOR THE PREMISES DESCRIBED AS: LAWNVIEW PB 3-164 LOTS 15-17, 32-38 AND W 5.40 FT or LOT 39, ALSO KNOWN AS 1749-1755 SW,8TH ST., KIAMI, FL. The sudwrhy o med sttdl iachsdtt such utcuiOW We at ors famommy rtagamm or mmcswy to carry out stud Wfam tkG q ctfiL at emea s sad dmatat uatcd or comcmpland btacm My ttuo my-wam apessr w ttsaceps 04 appoiatm m subs ea to its taws. maid ataa to act and ptxforra is aatd fidetury capacity toaaatest with any brat to =1 as he rt M dise ftm dOms advisable, sad 1 trm tfy all ed so tamed awL t (sass w twobwo fay aft my-at•faet so me-1 eats (tad 42paraa iaetwaed in the full thmm of the daua ad respoftomkies awAviermed AsseiO SPeciat dr rebla prs> kkmst albs power d a mmw sled bo leaks(( open x$ tAtrt not be dbmd bar disability of Ma dt aor. and *W 4*wwiN v taoatirtw N hN (tits ttta/ t!!sa trstN teeatad by snbss*wm w*,at - . bet awe sell m d vtlid dw dw d - .19 (insual p ovowrts witch i *). S*Nd vWwtud •k/4' 4t►d '' . 19�� SOW ie dll pnslO e.. Orarrar PAUL JEWS NO ��.. Aamsey-ht'FnA 1MANCISCO 11104 iO Surd nAltIDA "OvuliggR it ' 1992 CnstOty d DADS SS. ' hm pamo y sty BVI'M 11", PAUL JIMSHIS dtt dwo SOON rwits Ow. wUas-8 a tsaa. aw" or 40AWWW"d do filsO�ntatsr pof Omufty a Isis ar ttw fm as 04 41114L Who WL job""Famer my Comm" sows ISO, ,�rwe+r eat 2Hli� er w paaat a Via► 93 70 1 {