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Home My WebLink AboutApplication & Supp DocsLOUIS J. TERMINELLO* E-MAIL: Ijt@terminello.com NANCY TERMINELLO** E MAIL: nancy@terminello.com ALSO ADMITTED IN: *NEW YORK *WASHINGTON, D.C. **NEW YORK ELI GUERRIERI LICENSING ADMINISTRATOR E-MAIL: eguerrlerl@terminello.com TERMINELLO & TERMINELLO, P.A. ATTORNEYS AT LAW 2700 S.W. 37 AVENUE MIAMI, FLORIDA 33133-2728 (305) 444-5002 FAX: (305) 448-5566 General Office E-mail: ctt@terminello.com PLEASE REPLY TO: MIAMI Office of Hearing Boards City of Miami 444 S.W. 2" Avenue, 7`lt Floor Miami, FL 33130 RE: F&R MANAGEMENT CORP. d/b/a QUENCH 2801 Florida Avenue Coconut Grove, FL 33133 Dear Sir or Madam: May 6, 2003 BROWARD OFFICE 2455 HOLLYWOOD BLVO. SUITE 118 HOLLYWOOD, FL 33020 (954) 929-9800 DANIELLE M. TERMINELLO LEGAL ASSISTANT E-MAIL: danlelle@terminello.com KARA DAVIS LAW CLERK E-MAIL: kara@termInello.com The undersigned represents F&R MANAGEMENT CORP., Your Applicant for a public hearing to request the following: A special exception as listed in Ordinance No. 11000, as amended, the Zoning ordinance of the City of Miami, Article 6, Section 602.4.1.1 to allow a supper club and therefore 5:00 a.m. sales of alcoholic beverages. This location is within the SD-2 commercial zoning district. The use will be located in a region characterized with similar commercial uses, and as such will be compatible with the surrounding neighborhood and would be in harmony with the intent of the plan for the development of the City of Miami. 'I'he business is currently operating as a restaurant permitting the sale of beer, wine and liquor for consumption on the premises and holds a series 4 COP SRX (restaurant) alcoholic beverage license issued by the State of Florida. The granting of Your Applicant's requests will not adversely affect the appearance of the surrounding neighborhood, in fact these uses are compatible with this growing area and will provide a substantial service to the residents in the community. Thank you for your kind consideration in this matter, Ver truly yours Nancy erminello NT/nt N:1Dnta „K-Q\QUENCH (ZONINGPnppl lu..wpd CITY OF MIAMI OFFICE OF HEARING BOARDS 444 SW 2"d Avenue, 7"" Fioor • Miami, Florida 33130 Telephone 305-416-2030 + Fax 305-416-2035 APPLICATION FOR SPECIAL EXCEPTION ***********ROMOIVIriritiVirinl4rtibilitIrelrOmilininir .r.,.r.,r...,.,......,.....l,,.,...i..,, ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO•C DING AN INTERPRETER •FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION, POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY. BOARDS, COMMITTEES AND THE CITY COMMISSION. RESOLUTION RECORDATION COST IS $8.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. WinplrreninlewitiroOniik 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 judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Planning and Zoning Department for his/her recommendations and the Director shall make any further referrals required by these regulations. 1, Nancy Terminello, on behalf of F&R Management Corp. hereby apply to the City of Miami Zoning Board for approval of a Special Exception for the property located at 2801 Florida Avenue, Miami, FL 33133 folio number 01 - LI I X. I - 13 O oo I Nature of proposed use (please be specific): Supper Club I . Three original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Three original plans, signed and sealed by a State of Florida Registered Architect or Engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 3. Plans need to be stamped by the Office of Hearing Boards first and then signed by Public Works, Zoning and Planning prior to submission of application. • 4. An 8'/a x 11" copy of the signed plans attached to this application. 5. An 8'/Z x11" copy of ali exhibits that will be presented at the hearing shall be attached to this application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 7. Certified list of owners of real estate within a 375-foot radius of the outside boundary of property covered by the application (see pages 5 and 8). 8. At least two photographs that show the entire property (land and improvements). 9. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. 10. Other (specify and attach cover letters explaining .why any document you are attaching is pertinent to this application). 11. Cost of processing according to the City Code: Special exception $ 800.00 Special exception requiring automatic city commission review $ 2,000.00 Extension of time for special exception $ 500,00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable. fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from the applicant or a property owner within three hundred and severity -five (375) feet of the subject property. Signature Name Address Nancy erminello Terminello & Terminello, P.A. 2700 S.W. 37th Avenue Miami, FL 33133 Telephone (305) 444-5002 Date 2 May 6, 2003 4 STATE OF FLORIDA COUNTY OF MIAM1-DADE The foregoing inst_ rVrnent was acknowledged before me this day of 20 - , by f1/a 4jy,7,ir t//) r who has produced ,t1 / /4' as E•en i 'cation and who did (did not) take an oath. (Stamp) OFFICIAL NOT ' YS BARBARA M PINEDA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC939448 MY COMMISSION EXP. MAY 23 004 STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature who The foregoing instrument was acknowledged before me is day of 20 by of behalf of a corporation, on behalf of the corporation. e/She is personally known to me or has produced as i•=ntification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature 2�The foregoing instrument was acknowledged befo e this day of ' y partner (or agent) on He/She is personally known to me or a partnership, p Y has produced as identification and who did (did n• take an oath. (Stamp) Signature 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Nancy Terminello , who being by me first deposes and says: I. That he shy is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages Of this affidavit and made a part thereof. 2. That all owners which h sh represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition,41 including responding to day to day staff inquires; 17 not including responding to day to day staff inquiries in which case he/she should be contacted at (305) 444-5002 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Nancy Terminello Applicant Name Applicantignature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 6th day of May 20 03 _,by Nancy Terminello, Esq., on behalf of -of F&R Management Corp. a Florida corporation corporation, on behalf of the corporation. H Sh is personally known to me or has produced , iJ� /4' as identlfica on and who did (did no take an oath. le (Stamp) OFFICIAL NOTARYS BARBARA M PINEDA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC939448 MY COMMISSION EX P. MAY 23 2004 Signature OWNER'S LIST Owner's Name F&R MANAGEMENT CORP. Mailing Address 2801 Florida Avenue, Ste 12 Coconut Grove, FL Telephone Number (305) 444-5002 Legal Description: See attached Exhibit "A" Zip Code 33133 Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: 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 Addres Legal Description Yl a Street Address Legal Description Street Address Legal Description 4 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Please see attached Exhibit "A" 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires 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 #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with theiraddresses and proportionate interest. Ronald Y. Schram (50% shareholder) 2801 Florida Avenue, Ste 12 Coconut Grove, FL 33133 Frank Jay Hessel (50% shareholder) 2801 Florida Avenue, Ste 12 Coconut Grove, FL 33133 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. Not applicable Nancy Terminello, attorney Owner or Attorney, for Owner Name . Owner or Atorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 6th day of May 20 03 ,by Nancy Terminello on behalf of F&R _-of Management Corp. a Florida corporation corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) OFFICIAL NOTARY SEAL BARBARA M PINEDA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC9U9448 MY COMMISSION EXP. MAY 23,2004 Signature 04/1tS/2003 11:0S ae52338aa FINSBROOK APARTMENTS FME 02 R1E:16373111 '151 t� 4ft 2ir7 6 +� 2. 1994 NAY 20 lei iv 1 1 :T = 11►40D.013 SURTX g.90 HA. B sVIM* CUM DADE COUNTY, FL TaIS QUITCLAIM DEED, executed this — day of _199.'t , by the rtesaluticn Trust Corporation as Receiver for -. t -. x- _ ..; :� , . and Conservator for /o. ly,yioo Pr nog savings Rtnic_ a corporation existing under the laws of the United States heretnefter called the Grantor and $ ommuriily Dsv ]pgrpenr Housi,rtr Corp,. who mean address is --- Q'CJrrCLAIM DEED hereinafter called Grantee. wrPNa.SSI X, that the said Grantor, for and in consideration of the sutra of Ten and No/1b0 Dollars (S20.00) and other Val At consideration to said Grantor in hand paid, the receipt whereof is hereby aclmowledged, and by these presents does remise, release and quit- claim unto said Grantee, and Grantee's h s, or successors, and assigns forever, all the right, title interest, claim end demand which the said Grantor has in and to the following described parcel of land in the County of tiada_ , and State Cif Florida., to wit: . . "SER J1T A" TO HAVE AND TO HOLD the same together wtth all and singular the appurtenances and itnproverfants tharunte belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of Grantor. either in law or equity, to the only proper use, benefit and behoof of the said Grantee, and the Grantee's heirs, or successors, and assigns forever. ('Grantor" and "Grantee" and used herein for singular or plural, the singular shall include the plural, and any gender shall Include ell genders, as context wires.) Signed, Sealed and Delivered in Our Presence. (Wit.) (wit.) : _4 ._._.,. . State of(. County of!� RESOLUTION TRUST CORPORATION Rocolvor for lRrir_lce]Jbbpe SimiUfdl Militadalit2n ziOrBy:CCA42-J Attornay-irxPat leiwpatat, fS• C.r Title. HEREBY CERTIFY, That on this 041ey of t . 1994- before xn , an officer duly a thorized in the State apd County aforqd to take aoknowledgerneuns, personally appeared kiRKtf a • C 2k(f 7#7 i #J i of P.eaoIution Trust Corporatio as Reeeiver for BrickellbancJavipas Association lUgorporation under the laws of the United Stateito me known to be the person described in and who executed the foregoing conveyance and acknowledged before me that she/he executed the names in the name of said corporation; that as aueh Attoxney- ]n-lanct she/he is duly authorized by the corporation to do so; that she/he affixed thereto the official seal of said corporation, and the said instrument is the act and deed of maid corporation. vvrrlinss an• Mk signature cad official seal in the County erpsaid 41" 4411 Iv 9002] OTISNINE3,L '8 OTIHNImI3.L 99229tt20C XVd LOt0T as CO/VT/20 64/ 5/2003 11:06 300233002a PINEERCO< APARTMENTS PAL3E 03 Signed. Sealed and Delivered in Our Presence: (Wit.) . Ohrit.)"5' FZAREN M. XiARRiS State Ot' gbiE I� County of b ..0 R1lSOLU'jON TRUST CORPORATION Comervator for Iljlywraodl P'idrrfiathaLNEAk Attorney -in -Pact 2ui as a„ac - �- Caro) fel Title: 6650 powers Yaerry Road Suite 200 Atlanta, GA 30339 x rxmararr CER7•"O'S.', "Y`hut on aria Wday of , I.99a. before xne. an oMoss duly �tharieed in a St&ta d Cooney en do sralmowdedgernen s. personally appeared Fi( B - T f Rraolution TOW Corporatio a Conservator for Hollywood ecia�ri SaviW .Sank corporation under the laws of the J t"� to ms known to be the Moon describa in end who executed the foregoing convey ra"f'�ece axed acknowledged before ma that sheJho executed tho same in the name of maid corporation: that as such Attorney -in -Fact shethe is duly authorized by the corporation to do sa; that she/he affixed thereto the °Moira seal of said corporat%n, and the said instrument is the sot and deed of said corporadon . WITNESS My signature and official seal in the County and S .. is last aforesaid TXXS DOCUM$NT WAS 7R1VAA2D 3Y. MUTAAY K. DUBBIN, ESQu RE 444 Brioko a. Avenue Suits 650 Miami. PZorida 32121 0001j 0113NIW Ia.L V 011HMIIIiI3i 99929tt90C IVA C0:0T QUA CO/VT/20 04/15/2003 11.036 3052338320 p PINEBROOK APARTMENTS OFF.163T3 L 153 RED. PALE 04 Commercial Units 1 and 2, and Units 216, 220, 222, 223, 227, 232, 410, 412, 414, 416, 418, 419, 420, 421, 422, 423, 424 and- 436 of GROVE SQUARE, a, Condominium, according to the Declaration Of Condominium 'thereof, recorded in Official Records Book 13440, at Page 1547, of the Public Records of Dade County, Florida, together wi h an undivided interact in the common elements appurtenant thereto, and together with an easement for loading and unloading pursuant to that certain Order Amending Final Judgment entered Juries 27, 1991, Circuit Court, Dade County, Florida, Cane No. 82-13109 CA 21, filed July 3, 1991 in Official Records Book 15091, page 1889, Public Records of Dade County, Florida. • RlOCitaln ix ON Nara iiaeolo484 4r OAKCoVM17. hoRIpN. MON MOM HARVEY KUN{N, Clark Of drat g Ougy Dom OTOfp] OT1HMINEHL '8 011BMIWiI3,L 99g29fl OC Did CO:OT I M CO/6T/2O