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HomeMy WebLinkAboutM-79-0725RESOLUTION NO, A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXVII, SECTION 1(2)(5), TO PERMIT THE ESTABLISHMENT OF A LIQUOR LICENSE ON LOTS 22 AND 23, BLOCK 1, COMMODORE PLAZA (18-25), BEING 3480 MAIN HIGHWAY, AS PER SKETCH OF SURVEY IN FILE, SAID LICENSE TO BE LOCATED 850' (1000' REQUIRED) FROM A PUBLIC SCHOOL (COCONUT GROVE ELEMENTARY), AND 550', 900' AND 2,450' (2500' REQUIRED), FROM ESTABLISHED LICENSEES; ZONED C-2A (SPECIAL COMMUNITY COMMERCIAL) DISTRICT. WHEREAS, the Miami Zoning Board, at its meeting of September 10, 1979, Item No. 5, following an advertised Hearin adopted Resolution NO., ZB 170-79 by a 6 to 1 vote denying a variance from Ordinance :No. 6871, ARTICLE XXVII, Section1(2)(5) hereinafter set forth;' and; WHEREAS, •the applicant has taken an appeal from the as denia] of saidvariance to the City Commission; an WHEREAS, the City Commission, denial by the Zoning Board, and after carefu matter, findsthat due to peculiar circumstances affecting this parcel of land, practical difficulties and: unnecessary hardships would impair the owner's right to the reasonable use of'the' property without the variance granted as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a variance as per Ordinance No. 6871, Article XXVII, Section 1(2)(5), to permit the establishment of a liquor license on Lots 22 and .23, Block 1', COMMODORE PLAZA (18-25), being 3480 Main Highway, as per sketch of survey in file, said license tobe located 850' (1000' required) from a Public School (Coconut Grove Elementary) and 550' 900', and 2,450' (2500' required) from established licensees, (Special Community Commercial) District, be and the same is hereby granted. notwithstanding t consideration of ;this ATTEST. CITY PREPARED AND APPROVED BY: TERRY V. ASSISTANT CITY ATTORNEY AP D CORRECTNESS G •'GE CITY A clay ,o 2. 13 • , I, , LOCATION/LEGAL OWNER APPLICANT ZONING REQUEST EXPLANATION ZONING FACT SHEET 3480 Main Highway Lots 22 & 23, Block 1; COMMODORE PLAZA (18-25) Francesco Morello 3480 Main Highway Miami, Florida Ph: 446-4335 Neil Loeb 3480 Main Highway Miami, Florida 33133 Ph: 446-4335 C-2A (Special Community Commercial). Variance to permit the establishment of a liquor license on above site, as per sketch of survey in file, said license to be located 850' (1000' re- quired) from a Public School (Coconut Grove Elementary) and 550' , 900' and 2,450' (2500' required) from established licensees. Applicant states that he is seeking "per- mission to install (a) service bar to serve beer, wine, and liquor at tables within subject property (Main Lobster Restaurant) in conjunction with a bonafide restaurant." Beer and wine have been served at the tables for approximately the last 2 years. RECOMMENDATIONS DENIAL. There is no unusual factor in this instance PLANNING DEPARTMENT (no hardship) which justifies the granting of this variance. The distance requirement, Article 24, Section 1(2)(5), was adopted to regulate the number of liquor establishments situated within a given locale. This regulation recognizes that too high a density of these establishments, tends to disrupt and frequently even degrade a neighborhood. ZONING BOARD Deferred on July16, 1979 at the applicant's request. Denied on September 10, 1979 PINE INN BAR I I ( ' 't: .2.450« -Gr,crap--- - _•--- ` F MOS T LIQUOR cooaa,e, 540 "fgr eiooff iami, Mayor and City Commission' Attention: Mr. Joseph R. Grassie„ City of Miami,: Florida Gentlemen: September 25, 1979 re: VARIANCE - DENIED BY ZONING BOARD APPEALED TO CITY COMMISSION BY APPLICANT: Neil Loeb 3480 Main Highway Lots 22 and 23, Block 1 COMMODORE PLAZA (18-25) The Miami Zoning Board, at its meeting of September 10, 1979, Item #5, following an advertised Hearing, adopted Resolution No. ZB 170-79 by a 6 to 1 vote DENYING Variance from Ordinance 6871, ARTICLE XCVII, Section 1(2)(5), to permit the establishment of a liquor license on Lots 22 and 23, Block 1; COMMODORE PLAZA (18-25), being 3480 Main Highway, as per sketch of survey in file, said license to be located 850' (1000' required) from a Public School (Coconut Grove Elementary) and 550', 900' and 2,450' (2500' required) from established licensees; zoned C-2A (Special Community Commercial). Four objections received by mail; three objectors were present at the Hearing. • A RESOLUTION to provide for this Variancehas been prepared by the City Attorney's office and submitted for consideration of the __`__ Commission. cm Z. M. 46 cc: Law Department Planning Department NOTE: Planning Department Tentative incerel ' V _ io Perez .'gon;s Planning and Zoning Boards Administrat ion Recommendation: DENIAL CITY OF MIAMI PLANrflV, ntiNG September 19, 1979 '79 SEP 25 A9 :39 Mr. Aurelio E. Perez Assistant Director City of Miami Miami, Florida. Dear Sir; Lugones': Please accept this letter as a formal request .to appeal the ZB 170-79 decision of Sept. 10, 1979to the City of Miami Board of Commisioner for a re -hearing. Any information you may need, you can get it from. Mr. Rene M. Valdes, at 1710 N.W. 7 St. Miami, Fla. 33125 Phone No. 643-0059. Sicerely 99 Neal Loeb President Main Lobster Restaurant 3480 Main Highway. Miami, Florida. 33133 9-725a1 5. 3480 MAIN HIGHWAY Lots 22 and 23, Block 1; COMMODORE PLAZA (18-25) Variance from Ordinance 6871, ARTICLE XXVII, Section 1(2)(5), to permit the establishment of a liquor license on above site, as per sketch of survey in file, said license to be located 850 feet (1000 feet required) from a Public School (Coconut Grove Elementary) and 550 feet, 900 feet, and 2,450 feet (2500 feet required) from established licensees; zoned C-2A (Special Community Commercial). NOTE: Deferred from Zoning Board meeting of July 16, Secretary filed proof of publication of Legal Notice of Hearing and, administered oath to all persons testifying at this Hearing: PLANNING DEPARTMENT RECOMMENDATION: DENIAL. There is no unusual factor in this instance (no hardship) which justifies the granting of this variance. The distance requirement, ARTICLE 24, Section 1(2)(5), was adopted to regulate the number of liquor establishments situated within a given locale. This regu- lation recognizes that too high a density of these establishments, tends to disrupt and frequently even degrade a neighborhood. Ms. Susan Groves, Planning Department: Mme. Chairman, Members of the Board, the Planning Department is recommending denial of this variance petition. We feel there is no unusual circumstance which could justify the granting of this variance. We're further concerned that allowing this variance would also allow too many bars or package stores within the given locale because the license itself would permit such uses. So on this basis, we are recommending denial of the variance. Mr. Suarez: My name is Victor Suarez, attorney for the applicant, 3899 N. W. 7th Street. At this time I would like to make a brief caption of what we're requesting. We already have a 2-COP license. We're seeking a variance to place a 4-COP license instead of the 2-COP. The 2-COP allows beer, wine and champagne. 4-COP would allow beer, wine, champagne and cocktails. Our petition specifies that the cocktails would be at the table with meals and in conjunction with a bonafide restaurant. We are willing to add restrictions to our 4-COP which allows a greater use, for instance, package store, bars, et cetera which I believe would respond to the City's concern regarding bars and package stores. Ms. Callahan: Can we place such a restriction on that variance? Mr. Perez-Lugones: I'll let legal counsel answer that. Mr. Terry Percy: Yes Mme. Chairman, you may. The restrictions placed on the variance would remain there at the facility you're con- sidering should this business change hands. Ms. Callahan: It would remain at the facility? Yes. The successors would be subject to the same 1979 Item 5 ZB "79.79c restrictions. The license is transferable, I understand, at that particular site but the restrictions imposed by this Board would remain constant. Mr. Carner: As I understand it, Mme. Chairman, as long as it's on this site or whatever owner has it at this site, these covenants remain. However, should they move the license which is allowable, as I understand it, for example next door to the next suite of the same building, then these covenants would not be binding? Ms. Callahan: They would have to come before this Board again? Mr. Suarez: They would have to come before the Zoning Board in order to get it approved again, any modifications on that license. Besides, it would have to be approved by the State Beverage Department. Mr. Percy: That is correct. Mr. Suarez: I would like, at this time, to defer to Mr. Valdez. Mr. Valdez: Good evening ladies and gentlemen, my name is Rene Valdez and I am here to help Mr. Suarez in our petition for Mr. Neil Loeb. Any questions you would like to ask me in regard to different uses, and the different types of beverage licenses, I'm willing to answer your questions. You know already what the petition is. We are seeking a limited use of the license that we would like to establish on the premises subject to a covenant or restricted uses as Mr. Suarez stated to you people. Mr. Loeb: My name is Neil Loeb, owner of the Main Lobster Restaurant. Ms. Callahan: Is there anyone else wishing to speak? Objectors? Ms. Basila: May I ask you a question? I was at your premises, I did not enter the premises. Do you have a bar there of any kind? Your beverages are now served at the tables, beer and wine? Mr. Suarez: They're served at the tables with meals. Ms. Basila: And that's what you have planned to continue to do? Mr. Suarez: All we're seeking is an extension to allow for liquor which at present is not allowed. We're requesting that liquor be added which at this time is not allowed. When patrons ask if we can serve them liquor, we have to say 'no'. Mr. Greer: My name is David Greer. I'm the owner of four lots on Commodore Plaza - Foremost Liquors. I'm also assistant professor of beverage management at Florida International University. I'm certainly not against whiskey but too much is enough. There is St. Stephen's School which isn't listed on this application within the required distance. There's Ransom School. Within 20 feet is a liquor bar -'Bananas'. Right next to it is the'Taurus'. I don't think we live in Las Vegas. I hope we don't. This seems to be a reason a restaurant license is available for 4,000 square feet and 200 seats - anyone can get a restaurant license, and that's evidently what the usage is and that's open to them without any variance. They're entitled to that. It just seems that it will be much too much. We have the 'Village Inn' with a bar license. We have the 'Cafe Europa'. We have 'Bananas'. We have 'Taurus'. A11 of those are right together within 300 feet of one another. Another one certainly doesn't seem, if you would believe, as though it's necessary or needed. Thank you. -19- September 10, 1979 Item 5 ZB Mr. Perez-Lugones: Two points as a matter of clarification, Mme. Chairman: The two schools that he mentioned are private schools. The Ordinance addresses only 'public schools' as a matter of distance re- quirement. Also, that the Building Department has reviewed all the licenses around the 2500 feet distance requirement, and has found that only three of those are of the same type; the variance is from the same type of license; in this case a 4-COP. Mr. Danziger: My name is Richard Danziger. I'm the owner of Pross Liquors at 3036 Grand Avenue, Coconut Grove. I know according to the State, the 4-COP license is executed by means of allowing people to consume beverages, liquor, wine, what -have -you on premises and also to sell package merchandise and have it go out according to the laws of the State. So once that license is issued by the State, a 4-COP license gives that person with that license tremendous latitude. I had the opportunity myself in 1974 to serve on the Citizens Advisory Committee in Coconut Grove and one of the big factors in our forming of the Citizens Advisory Committee and a Planning Study for Coconut Grove, was to eliminate variances as much as we possibly can. I think it's one of the things that Grove businesses and the residents are deeply concerned about; the number of variances that are going through Planning and Zoning. So I think these are important things. They are important things and every time they come up Coconut Grove people should consider them very, very carefully. I also think the inherent need to keep the atmosphere of Coconut Grove without variances is extremely important. Violations of the variances would conflict with the following: Not enough distance for the different schools as mentioned by Mr. Greer and not enough distance from . . . Liquors or Pross Liquors. The Main Lobster Restaurant at 3480 Main Highway is not a hardship case and it would be a mockery to our existing zoning laws in the City of Miami to allow this Board to approve variances in the zoning of Coconut Grove. It would literally open up a 'Pandora's Box' for others to do the same. Parking and traffic continue to be an increased problem and can only aggravate this conflict situation by granting a variance in our C-2A Downtown area of Coconut Grove. If the Main Lobster had the necessary required seating capacity and the important parking requirements for such a license like other restaurants in Miami, then they would have a legitimate reason to acquire a liquor license, a 4-COP license. Under the circumstances, we do not need variances of any sort in Coconut Grove. Let's keep Coconut Grove with its unique character without variances. We are unique from the rest of Miami and for that matter, the rest of Dade County. They can only be kept that way without variances. Mr. Mobley: Mme. Chairman, Members of the Board, my name is Alan Dale Mobley and my office is at 3300 Rice Street, #4. Unlike the two previous objectors, I'd like to give my viewpoint in that I have no interest in the liquor business here in Coconut Grove. I've been frequently critical of the City of Miami's granting of variances within the Grove. As you may have heard, we have a severe parking problem throughout the Grove. I personally am not satisfied that this building at 3480 has ever had to require parking, or if it does require the Code not within a reasonable distance, and I think you should consider this before granting a 4-COP license to this enterprise, notwithstanding all the other very valid criticisms made about the number of liquor licenses and restaurants in the area to begin with. Thank you. Ms. Callahan: Incidentally, he did satisfy our legal department with the proper number of parking spaces. Mr. Mobley: At what location? Ms. Callahan: I have not been informed by the legal department -20- September 10, 1979 Item 5 ZB ,'- but they told me that they have been satisfied. Mr. Mobley: Well I would respectfully submit that if he didn't have parking you would alleviate the problem of drunk drivers but that's being facetious. I would suggest that any further 4-COP licenses be granted in conjunction with the 4000 square feet or 200 seating capacity of a legitimate restaurant operation. Thank you. Mr. Carner: I'm not that familiar with the liquor laws so can you help me. There has been reference to the fact that under certain circumstances you would not need a variance, that there is a license that covers restaurants. What precludes you from getting that license? Mr. Valdez: The license that the other gentleman referred to is what we call 'SRX-4-COP' which the State of Florida will issue that license to anybody who can come up with a minimum of 4000 square feet and seating arrangements for 200 people. Now we can get that license or anybody can get that license in Dade County as long as he meets the requirements. We are not trying to increase either the size of the restaurant, nor the environment in the area. Therefore, we are not creating this kind of situation. That is why we are going this way where we'll be able to serve the people; we can control the number of people that come to the place, and we have sufficient parking in the area. Mr. Suarez: In other words, I think the answer to the We do not need the 4000 square feet nor the 200 seats - if I reflects on the concern of everybody here - that there would people driving; too much of a parking problem, I think if we way we would be increasing that problem by adding more seats We're trying to do it the other way. question is: think that be too many went that , more people, Mr. Carner: Then in effect what you're asking this Board to do is through a variance you're asking us to contribute to a way of cir- cumventing the intent of the State law? Mr. Suarez: Not quite because you're allowed to have a 4-COP license which, in effect, does the same as the other license that the gentleman was explaining. Mr. Valdez: The 4-COP that we are requesting does not necessarily mean 'seating arrangement'. With this type of license, you can have 5 people sitting down or 20 people or 1000 people. So actually, we are not saying to you, you're trying to go around the law. The State of Florida will abide by your decision here tonight. They don't care as long as we have this type of license - a quota type 4-COP license - we can put it any place that you would allow us to do in the City of Miami. We can refer example to Miami Jai -Alai which was granted permission under the same condition. Mr. Carner: But it does require a variance? Mr. Valdez: It does require a variance from you people, yes. Your approval. Ms. Callahan: The way I understand it, the only additional thing that you wish to do in addition to what you have now is to serve cocktails at the table, is that correct? Mr. Valdez: That is correct, Ma'am. Those two gentlemen who spoke before have what you call a '3-PS' license, not a 4-COP license. They have only the right as a package store to sell off the premises. There is a license - #23-10573-PS located at 3036 Grand Avenue. Now this is a different license altogether from what we are seeking. He is -21- September 10, 1979 Item 5 ZB 79•'725 limited to off -premises sales; a package store. The other store is under the same condition, only to sell off the premises, not for con- sumption on the premises. So there's a difference between what we want and what they have. There's no conflict whatsoever. We can't hurt them and they can't hurt us. Ms. Callahan: If that's all, we'll close the public hearing and have discussion among the Board Members. Ms. Kolski: I'd like to ask the Department a question: Do you know if the other restaurants in the immediate area that have either 2-COP or 4-COP licenses have the proper square footage for those licenses? And seats? Ms. Laura Butler, Building Department: As far as we know, all the restaurants in the area which have'incidental'licenses meet the square footage requirements. Ms. Kolski: Thank you. Mr. Rolle: Does the record show at this time that there are other establishments with the same exact kind of license? Ms. Callahan: Can you answer that? Mr. Whipple: Would you repeat that? Mr. Rolle: Mr. Whipple, are there other establishments in the area with the same exact kind of license that these gentlemen are requesting? A 4-COP? Mr. Whipple: To my knowledge, there are no establishments in the are which have a 4-COP. They are all 'incidental'. Mr. Rolle: Then it is our understanding that the specific regu- lations refers to competing for the same kind of license? Mr. Whipple: It's not a competition factor. There's a license allowed in one provision in which you do not have to meet any requirements; as long as you have a license you can do it providing you meet the distance requirements. The applicant tonight does not meet the distance require- ments for this type of license. Other establishments which are 'incidental and do not have a full license, are exempt from meeting the distance requirements. Mr. Rolle: So your answer is there would be no conflict? That's the bottom line answer? Mr. Whipple: No, I didn't say there was no conflict. I was trying to explain the difference between the two. The conflict is the type of license that the applicants are before you with tonight which is a conflict with respect to the existing law. That is why they're before you seeking a distance variance. Mrc. Baro: Mr. Whipple, are you saying that in order to get a 4-COP they would have to conform to not only distance but to also the other provisions like the square footage and the seating capacity? Mr. Whipple: No Ma'am, a 4-COP has no restrictions. They can serve beer, wine, liquor on premises and they can distribute it or sell package off premises with that license without any restrictions. EXCEPT for the distance requirement. They do not have to meet the 4000 square feet nor the 200 seats that are required for 'incidental' licenses. Mrs. Baro: The other one that Mr. Valdez mentioned, SRX-4-COP is the one that requires the seating capacity et cetera. -22- September 10, 1979 Item 5 ZB right. That is the 'incidental' license as Mrs. Baro: So the reason for the variance would be because of distance. That is why they're before us here this evening. Mr. Whipple: That is correct. Our distance requirement for this type of license - this type of establishment. Ms. Kolski: Mme. Chairman, how far away is this establishment? Mr. Whipple: It's about 400 feet but they have an 'incidental' license also. Mr. Rolle: I'd like to ask Mr. Whipple once again the question that I'm raising and maybe we need to have the Attorney to answer this point: Are we saying that the distance requirement of 2500 feet is in keeping or is not in keeping in this request? Mr. Whipple: I'll give the Attorney an opportunity but in my opinion the law states: 'There shall be 2500 feet between licenses'. 4-COP licenses. They are seeking a variance from this plus whatever it might be for the school and the Church, but basically, that's what the law requires. They are seeking a variance from that and that's why they're before us this evening. Mr. Percy, Law Department: The only impediment, Mr. Rolle, this applicant does not comply with the distance requirements pointed out in the Ordinance and they're seeking this Board to waive it. • Mr. Mobley: Mme. Chairman, I have a question, as a graduate of St. Stephen's many years ago, I would question Mr. Perez' statement that because it is a parochial school and I would address this to the City Attorney, and that Ransom is a private school, that this was not the intent in the application of the State law as far as distance from the schools. I think this is an important consideration. Mr. Percy: Mme. Chairman, to paraphrase the language in the Ordinance, it refers to land occupied by churches and public schools. So the Ordinance didn't contemplate private schools. Ms. Callahan: If there are no more speakers, the Board is ready for a motion. Mr. Carner: My pappy said 'Never do by indirection if you can't do it directly' and I'm going to move for denial. Ms. Kolski: Second. Mr. PerezLugones:; Motion to deny made by Mr. Carner, seconded by Ms. Kolski. 1 moved its Mr.'Stephen Carner offered ;the 'following resolution adoption: RESOLUTION ZB-170-79 RESOLUTION TO DENY REQUEST FOR VARIANCE FROM ORDINANCE 6871, ARTICLE XXVII, SECTION 1 (2) (5) , TO PERMIT THE ESTAB- LISHMENT OF A LIQUOR LICENSE ON LOTS 22 AND 23, BLOCK 1; COMMODORE PLAZA (18-25) BEING 3480 MAIN HIGHWAY AS PER SKETCH OF SURVEY IN FILE, SAID LICENSE TO BE LOCATED 850 FEET (1000 FEET REQUIRED) FROM A PUBLIC SCHOOL (COCONUT GROVE ELEMENTARY) AND 55 FEET, 900 FEET AND 2,450 FEET (2500 FEET REQUIRED) FROM ESTABLISHED LICENSEES; ZONED C-2A (SPECIAL COMMUNITY COMMERCIAL). and Upon being seconded by Mrs. Patricia Kolski, this resolution and adopted by the following vote: AYES: Mmes. easila, Kolski, Callahan Messrs. Carner, Freixas, Gort NAYS: Mrs. Baro. Mr. Perez-Lugones: Motion passes 6 - 1, to deny. You have the right to appeal to the City Commission and you have 15 days to do so. If you wish to appeal, please come to my office and I'll explain the proper procedure.