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ANALYSIS FOR SPECIAL EXCEPTION
1252 SW 22'a STREET
CASE NO. 2004-0827
Pursuant to Article 4, Section 401 (Schedule of District Regulations, Conditional
Principal Use under the Restricted Commercial C-1 District) of Ordinance 11000, as
amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has
been reviewed to allow Bar at the subject property as follows:
The following findings have been made:
It is found that the subject property consists of an existing legal non -conforming
structure with minimum parking on site and it is also found that the proposed use was
there before.
2) • It is found that the proposed use is appropriate for this location and will benefit the
SD-23 Coral Way Special Overlay District".
It is found that required parking is not being provided, the parking demands could be
mitigated by the abundant of meter parking available along Coral Way (SW 3n1
Street). It is also found that the applicant is requesting a parking variance as a
companion item in this agenda.
• It is found that the subject proposal has been reviewed and found in compliance with
the criteria as set forth in Section 1305 of Zoning Ordinance 11000.
• It is found that upon compliance with the conditions set forth below, this project will
not have any adverse impacts on the swiuunding area.
Based on these findings, the Planning and Zoning Department is recommending
approval of the application with the following conditions:
1. Approval of this special exception shall run with this operator only; any changes
to a different operator shall require a separate Special Exception.
2. This approval is subject to applicant getting the approval of the variance as a
companion item in this agenda.
SUBMITTED INTO THE
PUBLIC RECORD FOR
,,,,_ 1TEMPz. 2b ON9 a7-oy
The last CERTIFICATE OF USE (attached) was
issued for a PRIVATE CLUB 11 /4/94, to the
property located at 1252 S.W. 22 street.
PARKING ON SITE
THREE parking spaces
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City of Miami
CERTIFICATE OF USE
RECORD OF INSPECTIONS
Building and Zoning
275 N.W. 2ndt St.
Miami, FL 33128
Do not operate the business until a Certificate of Use. an Occupational License and. if appli-
cable, a Cie of Occtipancy are issued.
2. For inspection servicse Can from 9 WA :- 4 pm. the say before .the inspection is
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�-- MECHANICAL INSPECTION •Y ss0-7996. t Usage taoda
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PLUMING INSPECTION _ 579-6812
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CERTIFICATE OF USE
INSPECTION FEE RECEIPT
FOR FIRE PREVENTION USE ONLY
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1. Building must be open to all inspectors.
2. The inspection fee is not refundable.`i`t
3. Sign Permit is required for all signs.
4. Do not operate business until Certificate of Use and Occupational
License are issued. -
.-- --&:- fvfake• rtieckgs) ,r - ems) payable irr-the -City of rri ` = =` ICAX-No
S. This document is issued pending collection oflunds from lb? .
instrument of payment. d
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For Buiding & Zoning
Depailment Use Only
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Date
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6.`�quare Footage:
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CASHIER STAMP
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9. 1 have read the application and 1 do freely and vdlORir oral the
statements and information contained therein are true -and
Signature of Owner/Agent Date
D BZ/CA 203 Rev. 04/93 I Distraxidort Mae F Owner/Agent
Pink- Occupational L Goldenrod - Owner/
IN TRUCTIONS:
1. This card must be prominently cfisp1ayed on the site.
2. When all categories of inspection have been approved for use the owner. agent or tenant should take
this form to the Building and Zoning Department located at 275 N.W. 2 Street, first floor.
INSPECTION(S)
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DATE
COitMBIT(S) _ INSPECTOR
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QUAT1SHA O. OGUNTOYINBO
Typist Clerk III
DEPARTMENT PLANNING & ZONNING / ZoningDMs
444 S.W. 2nd Avenue, 4th Floor Miami. F1 33130
(305) 416-1489 Fax: (.305)416-1490 / E-Mail: qoguntoyinboeci.miarni.fl.us
44e4 /tram j d -.
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Sec. 2107. Permits or certificates of use granted in e°or do not authorize
violation of ordinance; correctionsremitted.
A permit or certificate of use issued in error shall not confer any rights to construction or occupancy, and
upon a finding that a permit has been so issued, it shall be revoked, provided actual construction has nCt
commenced._
No permit or certificate of use shall be deemed or construed to authorize violation of any provisions of this
zoning ordinance, and such permits or certificates shall be deemed or construed to be valid only to the
extent that the work authorized is lawful.
Issuance of a building permit based upon plans shall not prevent the zoning administrator from requiring
thereafter correction of errors in such plans. Issuance of a certificate of use based upon application shall
not prevent the zoning administrator from requiring correction of the application or of any violation of the
use regulations of the district.
(Ord. No. 10771, §1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
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�_,, ' City of Miami F 1 ,- `.
''�,. CERTIFICATE OF USE °``,,°� -
s.n .
INSTRUCTIONS
1. Do not operate the business until a Certicatp of Use, an Occupations/ License and, if Applicable, a Certificate of Occupancy are issued.
2. For inspection service: Call from 9 am - 4 pm, the day before the i Ault is needed
NET Office
Building Inspection 416-1100 Upper Eastskie 795-2330
Electrical Inspection _. 416-110 lithe Hart 795-2337
Mechanical inspection 416=1100 z Model City 795-2303
Plumbing Inspection 416-1100 j WyriwoodtEdgewater 579-6931
Fire Inspection 418-1600 _ ''. pa 575-5128
t4ealli/Hotee and Restaura;4 Depa_ 1-850-487-1 a `'DVe 372-4550
Zoning Inspection ,.- ' (SEE NET) Downtown 579-6007 -
-� West Little Havana 643-7164
East Little Havana 859-2713
-r- -= qK 3d4, '`r Fiegarri,.,_,. __642-1250
i a _ t Coral Way 859-2701
N.E. Coconut Grove 579-6018
S.W. Coconut Grove 461-7063�;
3. This inspection fee is not refundable.
4. Building must be open to all inspectors. - ,
;5,; When all the require hay! , Ibved, the must bring isiscertificste of Use form to the Certificate of Use Coordinator.
6. is made b grin access. olp
A sign permit is required f+or ai signs. ] _,
-
will note any major items inspected, but not sated, on the record of it c, and alsoraieeiiorts,.
9. To avoid unnecessary delay in processing appications and ram please cal "Alentwat( is completecLAlso make sure inspectors gain
access to your particular place of buSness,
ti`0::, lospection to reec t iirsrir;ast always besavaileble to
TO.Bf COMPLETED BY
APPLICANT
1. Business flaw• /�j� /'/ / J}_ e^ f/j}_ j/j��-/��%J��y1�/"F' -' �' f/� j({/
2, Date
/r t / i
zip Dade: "F 1 'z m/ ,f L -3 3/ 9-
3. Address off} 5 ar -' a41
in
I/ccec��'� [[[�i�
4. Mailing Address: (If Different) ...
5. Business Telephone No:
305fi /37®.
6_ Emergency Teieghone No:
7'S!0 3 s/ems
7_ Owner o
i"Ede ' 9 c?e 2.
N•/'.;-
8. ZorTi Daat�e:
—r /.5Ll � Gam..
CIS Zoning inspector: + inspectors Initials: ,
, . • ` • +� •.` '� ' '
co
m
Fire Zone:
Type of Cone
Oca %` '�" - # of Stories:
n.
�. •
Dist. Code:
_-r
{ }{-�. ' `lam ] [ (j 1
Night , ...
�r
She6 ' Cc. Load
Y �
f .:-cotebtep--'.
+. i 2- 3 4
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-- Sq. FL/ Units or
3
Restrictions.
E Class:
Usage des:y1 ""_�
OFFICE USE
ONLY
C.O. Number.
Certificate No.t.t
Date '+ •-'. No.
I have read the application and, do freely =argy*tl}tartiy state that the statements and information containeed here is true and correct.
• . t [tale
--1.. _
Signature of OwnerJAgent>
ruesther its issue& Pink - Occupational-ticanses:
n 1 a7nc csa ray mx1'41
- ,.;;'.- • -7)3117
1#t) i Aine) CIS:re& ihrioP
N
City of Miami
CERTIFICATE OF USE 6 Ge....)
INSTRUCTIONS
1. Do not operate the business will a Ceretcate of Use, an Occupational License and, I applicable, a Certificate of Occupancy are issued.
2. For inspection service: Caft from 9 am -4 pm, the day before the inspection is needed.
NET Office
Building Inspection 416-1100 Upper Ea:Aside 795-2330
Electrical Inspection 416-1103 Little Haiti, 795-2337
Mechanical inspection 416-1100 Model Cfty 795-2303
Plumbing Inspection 416-1100 Wynwood/Edgewater 579-6931
Fire Inspection .416-1600 ftJlapattah 575-5128
Health/ ,...- - - ,,,.,, , ', 'Dept. 4 ...s=1E-Dpi Ovenown 372-4550
Zoning Inspection Downtime) 579-6007
'
West Labe Havana i 643-7164
East Little Havana - 859-2713
642-1250
Coral Way .859-2701
N.E. Coconut Grove 5 iwni
S.W. Coconut Grove 461-7063 .;
Iti
3. This inspection fee is not refundable.
4. Building must be open to all inspectors.
When
5. all the required inspections have been approved, the applicant must bring this CenthcaZ of Use form to the Certificate of Use Coordinator.
6. A reMspection fee viill beassessed i the inspector is unable to gain amass.
7. A sign pent* is niquired for ail signs.
8. Inspectors wftl note any major kerns inspected, but not Wed. on the record of inspections, and also rejections.
9. To avoid unnecessary delay in processing applications and fekispections, please cal when work is compieted. Also make sure inspectors gain
access to your particular place of business.
10. inspection fee receipt and record of inspection must always be availabte to the inspectors.
TO BE COMPLETED BY
APPLICANT
1. Business c.--
2. Date
• 404/0 4-
.,,iX
3. Add • , and zip code:
-... _P
4. Mailing Address: (If Different)
5. Business Telephone No:
Emergency NofTelephone ,..5,.,
• - ,....-..-. 0 =
co
NI
8. Zo * Date:
/ *11.7g
Chief Zorkeig Inspector Inspectors
Fire Zone: Type of
. .
t of
CO
CI.-
i'''
Dist. Cod 1
[ 1 [ 3 [ If 1
Night lnsp.
Yes i No
Shell
Yes / No
Occ. Load
Bldg. Protection
1 2 3 4
Corridor
I /E
C
U. Exempt
. Yes / No
,..,
z
Approved Use:
Sq. Ft./ Units
1 Ro 7)
s:
co
0_
Li..
Usage codes:
C /
OFFICE USE
ONLY
C.O. Number.
Certicate No.
Date Receipt No.
I have read the application and I o the statements and intorrnation contained here is true and correct.
Signature Owner/
ot
Distribution: White 1ary - One/Agent (after a cerAcate nuober es ; Pink - occupaticflal Licenses:
Whilst Card Plaftninee R.
BZ/IS 416 Rev. 07/03
RECORD OF INSPECTIONS
INSTRUCTIONS:
1. This card must be prominently displayed • • site.
2. When all categories of inspection ha - • : _. approved tor use: the owner, agent or tenant this form to the Planning and Zoning ,
Department bated at Miami Rive - • - Center, 4th Floor, 444 S.W_ 2 Ave, Miami, FL 33128
INSPECTION(S)
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INSPECTOR
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MECHANICAL
FINAL
DADE COUNTY
HEALTH DEPT.
FINAL46'3
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k. FIRE PREVENTION
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4 e A I t OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS 850-922-5335
1940 NORTH MONROE STREET
NORTHWOOD CENTRE
TALLAHASSEE FL 32399-1015
MELISSA ENTERTAINMENT INC
EL CLIQUE
1252 CORAL WAY
I
FL 33145
DETACH HERE
STATE OF FLORIDA AC, 1279518
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REG'tULATION
SEA2330449 02/17/04 030496601
SEATING FOOD SERVICE (2010)
MELISSA ENTERTAINMENT INC
EL CLIQUE
IS LICENSED under the provisions at 02.509 Ye.
s:piratiw eat.: OCT 1, 2004 L04021700342
1279518
DATE
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS SE6#Lo4021700342
LICENSE NBR
17/2004 030496601 SEA2330449 NBR. OF SEATS: 70
e SEATING FOOD SERVICE (2010)
med below IS LICENSED
der the provisions of Chapter 509 FS.
piration date: OCT 1, 2004
GISSSA ENTERTAINMENT INC
CLIQtEE
52 CORAL WAY
+ll FL 33145
•
NON- .
. TRANSFERABLE .
FEB BUSH
wmrarmanu
DIANE CARR
The occupant content of this business establishment has been
set by the Fire Marshal of the City of Miami by the authority of
Section 8.110 of the South Florida Fire Prevention Code.
AFFIDAVIT
STATE OF FLORIDA)
1 ss.:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally appeared Timothy K.
Barket, personally known to me, who, after being duly sworn and said as
follows:
1. I, TIMOTHY K. BARKET, am a managing partners of TekRab Holdings, LLC.,
which owns the property located at 1252 SW 22 Street, Miami, Florida.
2. On or about October 2000, TekRab Holdings, LLC., purchased the property
from a person known to us as Steve Martin.
3. At the time of purchase Mr. Steve Martin was operating and continued to
operate a bar/lounge known as The Eagle subsequent to our purchase as our
tenant.
4. Prior to Mr. Martin use of the property as The Eagle, it was operated as
a bar/lounge known as The Clique.
5. I personally grew within 2 miles of the property, I maintained a law office
within M mile of the property from the years of 1989 to approximately 1996 and
as long as I could remember the property was always sed as - bar/lounge.
6. I have personal knowledge of the
affirm that the foregoing is true as fa
FURTHER AFFIANT SAYETH NAUGHT.
ct-
i,/1.
ripf
ivi
SWORN TO AND SUBSCRIBED before me, at,Dade County,
d herein and swear or
ly known to me.
TIMOTHY
TekRab
Florida, this 1 -I day of February, 20
Notary Pubic, State of Florida
Signature:
Print: 54,1e4 ar /it ??2 . ig* Sams Abdelax.
My Commission Expires: My CommissionDD13W18
a w 01
Expimes Juy 01, 2008
T, Managing Partner
LLC.
2- Coral Way, in that area has restaurants, small
Shops, and a lot of residential use, and we do
not find that the proposed use for a bar is
Appropriate or desirable.
3- The ABUNDANCE OF PARKING METERS at Coral
Way, consists of FIVE METERS and ONE NO
PARKING LOADING ZONE. These five meters
serve TWO RESTAURANTS (open until 9:00 P.M.),
ONE BAKERY AND
ONE LIQUOR STORE (OPEN UNTIL 12:00 P.M.)
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4- Article 13 SPECIAL PERMITS GENERALLY
Section #1305 is vary broad, sections 1305.1,
1305.2 and 1305.8 might bIt considered.
SECTION #1309 . PERMIT APPLY TO PROPERTY
NOT PERSON.
IF you grant this special exception or permit
the property located at 1252 S.W. 22 street will
ALLWAYS BE A BAR. (copy attached)
If this so called property had all along a permit
for a bar, we would not be here, the special
permit runs with the structure or use as it was
Issued and shall be binding upon heirs and
assigns.
Sec. 1309. Permits apply to property, not person.
When granted, a special permit under any of the Gasses of special permits set out in
section 1301 of this ordinance above, together with any conditions or safeguards attached
thereto, shall apply to the land, structure, or use for which it was issued, and shall be binding
upon heirs and assigns, unless abrogated or altered in the manner set forth in this ordinance.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1305. Considerations generally; standards; findings and determinations
required.
As appropriate to the nature of the special permit involved and the particular
circumstances of the case, the following considerations and standards shall apply generally, in
addition to any other standards and requirements set forth concerning the class or kind of permit
being considered. City agents, agencies, or boards charged with decisions concerning special
permits shall make, or cause to be made, written findings and determinations concerning such
of the following matters as are applicable in the case, shall reflect such considerations and
standards specifically in the record, and shall be guided by such considerations and standards
in their decisions as to issuance of permits, with or without conditions and safeguards, or denial
of applications.
uN.//iiCrary 1.rm nicode.coniigateway.dlll(11 lorida1119967/19969/i 9982?r—templatesSn=d... 7/26/04
1305.1, Ingress and egress.
Review for adequacy shall be given to ingress and egress to the property and structure
and uses thereon, with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or other emergency.
1305.2. Offstreet parking and loading.
Review for adequacy shall be given to offstreet parking and loading facilities as related
to adjacent streets, with particular reference to automotive and pedestrian safety and
convenience, internal traffic flow and control, arrangement in relation to access in case of fire or
other emergency, and screening and landscaping.
1305.3. Refuse and service areas.
Review for adequacy shall be given to the location, scale, design, and screening of
refuse and service areas; to the manner in which refuse is to be stored; and to the manner and
timing of refuse collection and deliveries, shipments, or other service activities, as such matters
relate to the location and nature of uses on adjoining properties and to the location and
character of adjoining public ways.
1305.4. Signs and lighting.
Review for adequacy shall be given to the number, size, character, location, and
orientation of proposed signs, and of proposed lighting for signs and premises, with particular
reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby
property and the character of the area.
1305.5. Utilities.
Review for adequacy shall be given to utilities required, with particular reference to
availability and capacity of systems, location of connections, and potentially adverse
appearance or other adverse effects on adjoining and nearby property and the character of the
area.
1305, 6. Drainage.
Review for adequacy shall be given to provision for drainage, with particular reference to
effect on adjoining and nearby properties and on general drainage systems in the area. Where
major drainage volumes appear likely and capacity of available systems is found marginal or
inadequate, consideration shall be given to possibilities for recharge of groundwater supply on
the property, temporary retention with gradual discharge, or other remedial measures.
1305.7. Preservation of natural features.
Review for appropriateness shall be given to provision for the preservation of existing
vegetation and geological features whenever possible.
1305.8. Control of potentially adverse effects generally.
In addition to the review of detailed items indicated above, as appropriate to the
particular class or kind of special permit and the circumstances of the particular case, review for
appropriateness shall be given to potentially adverse effects generally on adjoining and nearby
properties, the area, the neighborhood, or the city, of the use or occupancy as proposed, or its
location, construction, design, character, scale or manner of operation. Where such potentially
adverse effects are found, consideration shall be given to special remedial measures
appropriate in the particular circumstances of the case, including screening or buffering,
landscaping, control of manner or hours of operation, alteration of proposed design or
construction of buildings, relocation of proposed open space or alteration of use of such space,
or such other measures as are required to assure that such potential adverse effects will be
eliminated or minimized to the maximum extent reasonably feasible, and that the use or
httn•//lihrary 1 mi,niendle rim/vatewav ill lift 1 /flnricla 1/19967/19969/199R7`Yf=tpmniatpAfn=d 7/7h/04
ARTICLE 13. SPECIAL PERMITS; GENERALLY Page 7 of 9
occupancy will be compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of nearby property.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 10976, § 1, 4-20-92)
5-This proposed bar will have seating for 70
people in an area of 1500 square feet
MELBA ENTERTAINMENT INC,
1252 CORAL VAY MIAMI, FL
JINNI, -IF ew
poIt hula KM MOM imo
to'Heclth
DEPARTMENT
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arw
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i9
WANK
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•
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Pan
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00000 Qa
/DIM WOW WILL
at hall Weal 1 um Laa1L r
MPG NW WILL
LEGEND!
1 REFRIGERATOR
2 HAND MASH
3 ICE RAM
4 SINK
II COUNTER
6 EXTERN SINK
7 BOTTLE SHELF
6 COM BOTTLES
9 BOTTLE SHELF
tO BAR SINK
11 ICE HEAR
12 NAND VASHER
00
§0
Mu MOP COMM MUM near
art
Ink 11
Applicant p , 1 number of Nato
Pima wo is complianon subject to:
l) Connection to approved water end waetawma systems.
2) Compliance with eppl ablo setae and load coda.
3) Compliance with all points on apecifieMdoa subbed.
See Comuicnb , gaze nation WOIt$bect.
Mocha
roiena
oar,
Work with License (a112)
Type ii2010 NiThartert Food Semi=
File 111181948 jMEUSEA ENTERTAINMENT i
4) License #12330449 'Sating
Fed Tax W1Et90802209 1Cuttent, Active
Street f11252- '.„Sfirtot .
. •
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I st License 102/19,2004 Rank Date 101 /29,2004 Cortfficate it 45012 _
Method I 1-911032
Fee Exempt No
Modifiers
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sithll Renewal Seri I
PIAN 'Plan Review,
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