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HomeMy WebLinkAboutR-93-0355k —93. 19 0/ 5 3/9/93 MSCUMON 90. 13 35 ILI Ar ._ ... $ M111 A Mr Al x —tii- AMM Is DWISMR. RMMMM rN HIS .. //yYqQ�� 92 ¢y�'y ADDPZ.�q . ". f. �` + 831 AM ULIC ,T 5741 MT bs FLAGM STREL PLC , FLMDA. 'mjW&As i the, M.amj, Zoningi Board at It meeting of February 22,E 1993, !• It �. iluticrB93 f (�-, which duly before said and + i ; City C mission. aft careful consideration of this matter s - It adrisable and :in the best interest of the teal welfare of the City $N a to deny. the hexein appeal frm the Ward Is action �t z and to .tom .0 �.s on of the Zoning Board - NOW FMMVW BY THE COMSSIC'N OF TM CITY OF MIAM.. � St w ' 6:,dtitiiri J R T119 recitals and isi ings S+s\✓n tined in i � .ft eaumble o �. this ON .�y+am� q y�y �'`�` yy�y �y,� yyy� �} ari.i3.i�Cis�.adopted ed -`..{ d.i+��� ��g .� a�.. L.V 61di<.4 ,ie �.. S s }; if fu aetr forth in this Sectiont tThe Zoning Board's. 'ti ami@iito dezWpeal `fipm Section �2the r gr honing 1 �:f stt ar' s decision r+ d, in his letter of ember 511992 r � t in ikh r��s the revocation of C rtif a ca" Of for . for Stare 92-0831 AQWLiqu6r License 5741 test Plagl+ St ' Wisrai W. arxi at 'by5jC5jCjCC1111 t A. UU� "^^", Gl�and the herein appeal is her y denied.eb W' JEWa t. f ke CM 00 OX r c a t 1•. 4 ' kyf l 3 -�h jq?3, 'j_?.. ..ti .-.i*.`'ia 3a4 �`�jN r s' _ fi�rv.., ,} =�,{ sovm +�yq�Cp�pt t r ..Of '� 25 f 993 . the cityComission contaLmb .�. +w a- ;' At its moeting of April 13, 1943 the City .Commission cantirtued the abov t y ! 4'A* t, y §tf3.. e- Y Z ... .. .r .., _.. .. .. ,'fir• H , Yam, } t r. t z S:P3. ow .L , lot 20, the subsequent survey measured to lot 12. The second survey reflected that my client's business was 210 feet from the newest point of the parking lot. Accordingly, the Certificate of Use wads revoked as it was contended that the restaurant/lounge was not in compliance with City of Miami Code, Section 4-13. Enclosed is a copy of Section 4-13. it is our position that the measurements should be made to the lot. 2c gjSd by the church, not the closest parcel gyjlld by the church. Furthermore, the church itself dries not have a certificate of use. Therefore, t,lie church is operating illegally and my client complied with the Code as the church should not be permitted to operate at its current location. An appeal of the revocation of the Certificate of Use was head before the City of Miami Zoning Board on February 22, 1993 at which time the zoning administrator's decision was affirmed. Tease accept this letter as our request for review of the zoning board's decision to the City of Miami Commission. Our - filing fee of $400.00 is enclosed. Very tly yours, SIT JUGO sG7/ lv Enclosures v, 3- a4•it Sec. 4.11. Some —From residential districts. i No license for the sale of liquor and/or bar and ' wine for consumption on the premises shall be r permitted nearer than five hundred (5 ) feet to eo R (residential) district, unless such institution is so arranged and the building so constructed and the butinem is as conducted as to prevent the f emission of sounds, vibrations and odors. (Ord. f No. 9685, 12, 3.24-83) See. 4-12. Saw* —Pram churches and publics schools In central commercial district, No license,for the sale of liquor to be consumed eitheer upon the premises or off the premises, or for the sate of beer and wine to be consumed on the premises shall be issued in the central commer• vial district to .any person, firm or corporation, where the place of business is within three hun- dred (300) feet of a church or public achool; pro- vided the method of measurement that shall be applied too determine whether or not a place of business applying for a license to sell liquor for consumption either on or off' the premises (quali- nes,J shall be by measurement made or taken from the main front entrance of the said place of business to the: nearest point on a parcel of hand occupied by a churchor parcel of land set aside for, and used, or proposed to be used, for public school purposes, and the said measurement shall he made along the route of ordinary pedestrian t ratf ic. (Ord. No. 9585, § 2, 3.24.83; Ord. No. 9664, § 1. 7.28-83) Sec. 4-13. Same---Mrom churches and public schools in combination residential - commercial districts. No license for the sale of liquor to be consumed e•ithvir upon, the premises or off the premises or for the sale of beer and wine to be consumed on the premises shall be issued in the combination resi- dential and commercial district to any person, ri�.'.t'1hr.�.e un ' -..} flo at achurch or nearer than one thousand (1,000) feet to any public school; provided the method of rneasurernent that shall be applied to detertnino whether or not a place of business applying for a licensee to sell liquor for consumption either on or SUPP. No. 3.5 1 4-!4 off the premises [qualifies,) shall be by measuze- ment made or take u. �► ISt4. OURSWroad i� a he»rh or a parcel of land set aside for, and used, or proposed to be used, for public school purposes, and the said measurement shall be made along the route of ordinary pedestrian traffic. (Ord. No. 9585, 12, 3.24.83; Ord. No. 9664, 6 1, 7-28.83) Sec. 4-14. Exception# to distance require- ments. (a) The restrictions hereinabove set forth shall not be applicable to apartment -hotels, and mo- tels,* with fitly (60) or more guest rooms or to office buildings containing at least sixty thousand (60,000) square feet devoted to and maintained for office room space, and said hotels, motels, and office buildings may contain places of husirtess for the sale of liquor and./or beer and wine to be con• surned on the premises where ;uch sales are con• ducted in an orderly manner. and where such sale of liquor and/or beer avid wine in said hotels, apartment -hotels, motels or office buildings is strictly incidental to the principal hotel, motel or office building use and where there are no signs of any type exhibited or displayed to the outside, indi• cating that liquor and/or beer and wine is obtain- able therein, and where the room for the sale of liquor and/or beer and wine as conducted does not opera upon any public street or sidewalk. Not more than one (1) certificate of use and/or occupancy for consumption on the premises shall be issued for any one (1) hotel, apartment -hotel, motel or office building. (b) The restrictions as to distance as hereinabove set forth shall not be applicable to bona fide res• tauranta and dining rooms where the sale of li• quor and/or beer and wine is entirely incidental to the principal use of selling food, and where no sign or display is trade to the outside indicating that alcoholic beverages are obtainable therein and where such restaurant has a space of at least four thousand (4,000) square feet, having accotn• modations for service of two hundred (200) or more patrons at tables and containing all necemary equipment and supplies for serving full course *CUY cawr cross mforarxca—Howla and rnotsiw, ch, 25. �M 0, and Moved its Elba Morales adoption. 21 offered the following Resolution RESOLUT-10—N _11-91 SIDERI G THE FACTORS SET FORTH AFTER CON- BOARDIN 110001ANDTHE ZOUP ORDINANCE NO. HELDTHE DENIEt) THE APPEAL THE ZONING ON OF 1992 DECISION NOVENSFR 41 I AS ORDINANCE NO. 11000, ADK INISTRATORt ORDINA14CE OF THE THE ZONING A14ENDED v CITY or MIA14I ARTICLE 18t SECTION 1800t OF USE No. 92- REVOKING THE CERTIFICATE 9 1992, WHICH JULY SUED ON 0831t is STORE TO An EXISTING AJDDED A LIQUOR FOR THE CERTIFICATE ICATE OF USE 5741 WEST FLAGLER PROpERTy LOCATED AT STREET* onded by 14r. Osvaldo Moran -RibeauX Urn being sec following.vote : po te d by th9 pE pas sad and ado the mot ion ,was pa AYES Morales and Sasila FAX and Moran-Ri,1,14hux NAYESt Mr'. Barkett Sands and Lu&CeB ABSENT: Mr. Arsenio Kjljan and Manuel A lonso-poch. ezt eOtion carrjes 4 to 3. rnandN ig FebruA" 2Z 1993 Item 2 B"r4 4P 0 ob jJ 21 1. L-j�. r— 7. 40 4 op t ja io fe 0. ST. tmp um a Piz gig am lft� Am at w MON Tm iu £. � }S °rtc L, 00S)'370 3�33 )670 (305 K.[ilarkF;T kAUirai�w� ' 14eembe.3 , 1992 Yotir and surprise. tO my client, You have Obviously Vl d performed, However, h e �.Arements were not afie in survey c line tdlth City of iami Cade, Section 4-1�3, Section 4-13 4 .4 . r q �re that the measur+ z + t 9�e �nayd+ fromnt I�q�t R}� main y }� /�r}�a business t �.r+i thenearest JSe e i� 1�.+ point � i t t W �l y1� y8�5 6£ E. the lace a: � f entrance '!q(� y..1A rCh !G� hasis added) he V-e4.01 of aTidu ' e by f ig 10cated on parcel/lot 20 } The second survey measured f. church J1.ot to parcel./lot 1�2 which is apparently a parking lot. Parcel/lot 12 is not occupied by the church, gg accordingly, demandis being made that your revocation of the Certificate of Use be immediately rescinded. If you are demand, please accept this as out unwilling to comply with our decision. e hereby request that a hearing be C appeal of y0ur conducted immediately to review your decision in ,accordance with all provisions set forth in the City of Miami Code and/or the Administrative Procedure Act. I look forward to your prompt response ly yours, I mbe r 4 19 2 Yours truly, - .Ellba Morales of feed the •. }� moved and moved its a..- tion6 RESOLUTION ZB 9-93 RESOLUTION T4 CONTINUE TO F EBRUARY 22 , 1993 THE APPEAL OF THE NO"VEMBER 4 , 1 ? 9 2 F DECISION OF TOTE ZONING AEMINISTRATCR r ORDINANCE NO. 11000 0 XS AN.:rNDED r THE ZONING ORDINANCE OF CITY. OF M?AMI , ARTICLE 18, SECTION 18a0, REVOKING THE CERTIFICATE OF USE 140. 92-0831, IS aUED ON JUDY 9, 1992, WHI: ADDED A LIQUOR STORE TO AN EXISTING RESTAURMT CERTIFICATE OF CASE FOR THE PROPERTY LOCATED AT 5741 WEST F:::ACLER STREET Upon being seconded :^y Mr. Ronald Fox the motion was passed and adopted by the following vote AYESt Ads. Basila and Morales A.lonso-Poch, Milian.. Fox y. Barket and Sands } NAYESt None. ABSENTS Mx. Luaces and Moran--Ribeau:x Ms Fernandez: Motion carries 7 to 0. m RawcoRo OF INSPECTIONS . . .............. Do mat ra U I@ tho low co"iftste ©+ Use, an OCCU04WAI UcAn" A sinf$3 00f C Cie. a carlificato of Occupancy at* a 'don is mosdod, C;il froM 9 &M 4 OM, thO dGY WON tN iM*Q0C 2. For Im's,00clion sory SUILoiNG INSPECTION 579-= Ott'* ELECTRICAL INSPECTION 3w- MECHANICAL INSPECTION *vL CIERTirpICATE OF USE ......... de oc -ee 5 4! Z40- s le(WItec at, signs low :;..Sires Jso Ara -se S, ;;i,ayar,,e 0 11"e 1-1y 'cl y1arm, —ec" j :r _�;,ey )r:e?, a e frorn Inq ts ,emc3mg coitec,"con r ............ '),vrek ......... v.) 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