HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami
Planning and Zoning Department
ANALYSIS FOR
APPEAL OF A WARRANT APPROVED WITH
CONDITIONS
REQUEST: Pursuant to Article 6, Section 6.3.2 set forth in the Miami 21 Code, the Appellant
seeks to rescind the decision of the City of Miami, Planning and Zoning Department, for granting
the Approval of a Warrant with Conditions for Boteco Restaurant.
PROJECT ADDRESS: Approximately 916 NE 79th Street, Miami FL 33138
FILE ID: 14-01012wt
WARRANT PERMIT NUMBER: 2013-0031
APELANT(S): Abed Hammoud
APPLICANT: Ben Fernandez, Esquire on behalf of the property owner Boteco Restaurant,
200 S. Biscayne Blvd, Suite 850, Miami, FL, 33131
NET OFFICE: Upper East Side HEARING DATE: November 5, 2014
COMMISSION DISTRICT: 5 FOLIO#: 0132070163570
ZONING DESIGNATION: T5-O (Urban Center Zone - Open)
GENERAL COMMENTS
On March 15, 2013, the Planning Department received an application for a Warrant Permit,
submitted by the owner of Boteco Restaurant, located at 900 NE 79th Street, Miami, FL 33138.
The applicant proposed to add 85 seats and 25 tables to an existing 1,254 SF outdoor dining
terrace in addition to the interior 2,375 SF existing building, as per microfilm records.
On September 18, 2014, the City of Miami Planning Department recommended Approval With
Conditions of the subject Warrant Permit # 2013-0031 (Copy of the Warrant Permit, and Final
Decision attached).
On October 03, 2014, the Planning Department was notified that an Appeal to seek the
rescision of the Warrant with Conditions was filed with the PZAB, pursuant to Article 6, Section
6.3.2 set forth in the Miami 21 Code.
FILE ID# 14-01012wt Page 1 of 3
City of Miami
Planning and Zoning Department
FINDINGS AND CONDITIONS
The Subject appeal, was reviewed pursuant to Article 7.1.2.4e of the Miami 21 Code, and the
Warrant was approved with Conditions, pursuant to Article 6, Section 6.3.2, of the Miami 21
Code, the Zoning Ordinance of the City of Miami, Florida.
Pursuant to Section 7.1.3.4 of the above cited Zoning Ordinance, the Planning Department
referred the appeal to the following Departments and/or Boards:
• City of Miami, Zoning Department
• Upper Eastside NET Office, Neighborhood Enhancement Team
• City of Miami Code Enforcement
Their comments and recommendations have been duly considered during the review of this
appeal decision. In reviewing this application, pursuant to Article 7, Section 7.1.2.4d of the
Zoning Ordinance, the following findings have been made:
FINDINGS
• As of the date of issuance of the Warrant with Conditions (September 18, 2014) there have
been no Police reports of any noise or disturbance violations, at Boteco Restaurant.
• A Service Request Summary Report issued on October 07, 2014 by the City of Miami Office
of Code Enforcement shows one Noise Violation, reported on April 05, 2011. (Refer to
copies of records attached herein). No other Violation has been reported by the City of
Miami Office of Code Enforcement since the report associated to Boteco Restaurant was
closed on April 13, 2011.
Based on the above findings and the considered advice of the officers and agencies consulted
on this matter and pursuant to Section 7.1.1.2 of the Zoning Ordinance, the Department
recommends to Sustain the Approved Warrant with Conditions subject to the plans submitted
by the applicant and on file with the Planning Department as well as the following limitation:
CONDITIONS
1. Beer, Wine and alcoholic beverages may be consumed both at tables and counters
provided it is in conjunction with the principal and primary consumpsions of meals.
2. Records of all purchases and gross retail sales of food and non alcoholic beverages and all
purchases of gross retail sales of alcoholic beverages must be maintained separately. The
records required above must be maintained on the premises, or other designated place
approved in writing by the City for a period of three years and shall be made available within
14 days upon demand by an officer of the City.
FILE ID# 14-01012wt Page 2 of 3
City of Miami
Planning and Zoning Department
3. It shall be unlawful) to play or operate music boxes, jukeboxes, radios, musical instruments
or any other musical devices on or about the premises between the hours of 11 p.m and 7
a.m the following day, unless said music devicess are played or operated in a closed
building and the sound is not audible from the outside of the building so as to disturb the
quiet, comfort or repose of persons in any dwelling, hotel or other type of rsidence.
4. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation.
5. Failure to comply with the conditions herein shall result in this Warrant permit being revoked.
cCk r) j
_ \ Antonio Pe ez
Chief of Lad Development
Date 1 -14
FILE ID# 14-01012wt Page 3 of 3
Service Request Summary Report
Oct 07, 2014 11:07 AM
Type: NOISE VIOLATION
Area: City of Miami
Group: COM Code Enforcement
Jurisdiction: CITY OF MIAMI
Input By: CM1517
CC Groups:
Location: 916 NE 79TH ST, City of Miami, FL - 33138
SR #: 11-00097058
Priority: 3-Standard
Status: Closed
Status Date: Apr 13, 2011 10:20 AM
Created Date: Apr 05, 2011 04:24 PM
Created By: CM1517
Method Received: Phone
Description:
Residents came to office stated Boteco Restaurant at night on the weekends and sometimes during week, but moreso on
the weekends have loud Noise coming from their restaurant at night. They have a loud movie screen and music
SR Questions
,What is causing the noise?
«lint time did the noise violation occur'
Please provide noise violation location,
Did you utilize the map? You must map property address (on the parcel))
;An inspector will be dispatched to investigate your complaint
Code Enforcement will begin enforcement in 7 day. Call 311
for status of your request or provide an email address to have the
the results sent to von.
Legacy Case Number
Answers
Boteco Restaurant back of restaurant they put up
a large mode screen at night on Sat. & Sun and
during wv eek. They play loud music or movies
past 2-am in the morning. Keeps residence up
late.
2:00 AM
BACK OF RESSTAUR- .N T HAVE A PATIO
BAR WITH A MOVIE SCREEN THEY PUT
UP LATE AN NIGHT. LOUD MUSIC OR
OBSCENE MOVIES PLAYED. RESIDENTS
HAVE KIDS.
Yes
CE2011007021
311 HUB # YOU ARE CURRENTLY ONLINE AT 62030057 Logged in as TREISHA BROWN:1,020A
Answer Hub Service Hub Basic Search Feedback
Once citation in Collections, person only speaks to Collections
Service Request Type
I I SIRIA ID
916 NE 79TH ST
runt Lamm' I FL 5,12.1 [131381
[Created Dale (Start) 1 Created Dale fEnd) IInput By
SHOW Advanced Sesich Fields
Export To: NI SR View: << Fint < Prey Next Last >> Page 1 of 1 Total Results: 11
SR ID It- SR Type Address
14-10400220
14-1 GA5:021 5
13-G0199634
12-OG.124523
12-GD1174,-.6
12.00092753
11-00097663
11-000V058
1_10:OG04097
14.12135355
11-060970:?0
CODE ENFORCEMENT
CU INSPECTION
REQUEST
FIRE r00 INSPECTION
REQUEST
NO BUSINESS FAX
RECEIPT 1 CERTIFICATE
OF USE
Sewch
Clear
$ City Zip • Status $ Created fit 4 Last Actvt 134
City of Miami 33138 C-CLOSED 08405r2014 08/26/2014
916 NE 79TH ST
916 NE 79TH ST
916 NE 79TH ST
NET NSW CUSTOMER 916 NE 79TH ST
SERVICE REQUEST
NET NSW CUSTOMER 916 NE 79TH ST
SERVICE REQUEST
ZONING CALL BACK 916 NE 79TH ST
REQUEST
ZONING CALL BACK
REQUEST
916 NE 79TH ST
NO BUSINESS FAX
RECEIPT / CERDFICATE 916 NE 79TH ST
OF USE
NO BUSINESS FAX
RECEIPT / CERTIFICATE 916 NE 79TH ST
OF USE
NOISE VIOLATION 9t6 NE 79TH ST
ILLEGAL CONSTRUCTION 916 NE 79TH ST
City of kliam1 33138 C-CLOSED 08/05/21314 08/05,2014
CO of Miami 33138 C-CLOSED 0711812014 137/3012014
City of Miami 33138 0/CLOSED 10/21/2013
City of Miami 33138 C-CLOSED 10;31/2012
City of Miami 33138 C-CLOSED 04;19/2012 04/19.2012
City of Miami 33138 C-CLOSED 04102/2012 134/02/2012
City of Mon 33138 C-DUP 04/06/2011
Coy of Miami 33138 C-CLOSED 04E05/2011 04/1312011
City Of MiaMi 33138 C-CLOSED 04105/2011 041312011
Gay of Miami 33138 . C-CLOSED 02117/2010 03109/2010
0
150 300
MIAMI 21 MAP
600 Feet
Address: 916 NE 79 ST
0
150 300
600 Feet
lit 111111
Address: 916 NE 79 ST
L DECISION
r,
er(Fe'rnan e
0 Btscae;
v
iarnLEL 33131
f Fr$itd 1Tha cisco,J. Garcia„D�jrpctor
f ginning & Zoning i?ppartrnent
I:EAcSEi Ak OTIDE- IAt'
Address:
bite `850
File No. 13-0031
f.:Ras'Y
INAL )ELISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Outdoor Dining (Boteco Restaurant)
916 NE 79.St., Upper Eastside
Tina! Decision:
d Approval
B Approval with -conditions
❑ 'Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for a Warrant pursuant to Article 6, Section 6 3.2, Of tile
Miami 21 Code, as adopted, the Zoning Ordinance of the City. of Miami, Florida. This Section
states explicitly that a Warrant shall be.:required for outdoor dining area arid the display and sale
of items from vending carts.
Pursuant to Section: 7.1:3.4 of the above --cited Zoning Ordinance, the Planning Department has
•
Madereferrals to the.fo1IoWing Departments and Boards
• Office of Zoning, Manning& Zoning Department
• Upper Eastside NET°Office, Neighborhood Enhariceinerit Team
Their comments and recorimniendations have been duly :during the review of this final
decision. In reviewing this application, pursuant to. Section 7.1.2.4.(d) of the Zoning Ordinance,
'the foil owing:fihdingshave been. Made:
FINDINGS
Applicant is proposing an outdoor dining area fora restaurant "BotecO,
• The proposed outdoor dining area consists of 25 tableswith:85 seats .adjacent to the building.
+ The proposed location for the outdoor dining area Is on the west side of the property located
at the side of the building within private property on the new terrace.
• The proposed outdoor dining area has been designed effectively not to disrupt the safe flow of
:pedestrians on the pedestrian walkway.
File No.13.0031
• It is_found .that a Certificate of Use for a restaurant was issued 07/23/2007 and is allowed the
sale of beer, wine and alcoholic beverages but shall be incidental to the saleand consumption
of food, :Beer, wine and alcoholic beverages may be consumed both at tables and counters
provided it is in conjunction With the principal and: primary.consumption of meals.
In accordance with the recorded Declaration of ;Restrictions Section 3 Subsection (c) & (d)
records_ of all purchases and grossretail sales of food and non-alcoholic beverages and all
purchases of gross retail sales of alcoholic beverages Must be maintained ;separately. The
records :required above must be maintained on the premises, or other designated place
approved in writing by the City fpr a period of three years and shall be made available within
14 days upon' demand by an officer of the city.
Pursuant to Sec. 7.1.2.4 (d) of the Miami 21 Code, the City': of Miami Zoning Ordinance, the
application has been reviewed and found sufficient.
Based on the above findings and the considered advice of the officers and agencies consulted pn
this matter and pursuant to Section 7.1.1.2 of the Zoning Ordinance, the subject proposal is
hereby approved with conditions subject to the plans submittedby theapplicant and on file with
the Planning Department as well as the following;timitation:
CONDITIONS:
1. Beer, wine and alcoholic .beverages may be consumed both at tablet and counters
provided itis in conjunction with theprincipal and primary consumption of meals.
2. Records of all purchases and gross retail sales of food and non-alcoholic beverages and
all purchases of gross retail sales of alcoholic beverages must be maintained separately.
The records required above must be maintained on the premises, or other designated
place approved in writing by the City for a period of three years and shall be made
available within 14 days upon demand by an officer of the City.
3. It shall be unlawful to play or operate music boxes, jukeboxes, :radios, musical
Instruments or any; other musical devices on or about the premises between the hours of
11 p.m. and 7 a.m. the foliowmg day, unless said music devices are played or operated in
a closed building and the sound Is not audible from the outside of the building so as to
disturb' the quiet, comfort or repose of persons in any dwelling, hotel or other type of
.residence.
4. Any noise generated on site shall conform to Chapter 36 of the City Code noise
regulation.
S. Failure to comply with the conditions herein .shall result in this Warrant permit being
revoked:
NOTICE
The final decision ;of the -Director may be appealed to the Planning, Zoning, and Appeals
Board by :any aggrieved party, within fifteen (15) days of the date of issuance by filing a
written, appeal and appropriate)fee with:the Office of Hearing Boards, iodated at 444 SW 2" d
Ave., 3rd Floor, JViianii, FL/ 313b. Telephone number (305) 416.2030
Signature
Francisco,! . G'eFcia, Director
Planning Zoning Department
Date
ABUTTING+OWN,ER
OWNER ADDRE.$5:
CiV, STATE CODE
pPAty T .'':.'
CITY OF MIAMI
WARRANT
GRTESY NOTICE ,
Jf (k
Residence
889NE .78 S_t
mismi LtW38
^2OO S Biscayne Blvd. Suite 850
CITY, STATE CODE
Miami, FL 33131
You are hereby notified that the application submitted by the above to the Director of the City of
Miami Planning & Zoning Department for a Warrant has been approved for the following
proposal:
PROPERTY AFFECTED
916 NE 79 Street
ZONING DESIGNATION
T5-0
NATURE OF APPLICATION
To allow an outdoor dining area of 85 seats and 25 tables on an
existing terrace of 1,254 sq. ft. for an existing restaurant.
The subject Warrant was approved on
The enclosed copy of the final decision contains the findings made by the Planning & Zoning
Department.
September
18
2014
Article 7.1.2.4e of the Miami 21 Code allows any person or persons jointly, or any board, agency
or officer of the City of Miami aggrieved by the decision of the Director of the Planning & Zoning
Department on an application for a Warrant to seek review of such decision by the Planning
Zoning & Appeals Board. To do this, within fifteen (15) calendar days of the date the decision
was rendered, an appeal must be filed with an appropriate fee paid to Hearing Boards located at
444 SW 2rd Avenue on the 3rd Floor. For an appointment to appeal, please call 305-416-2030.
The petition and supporting documents for this Warrant are on file at the Planning &
Zoning Department located at 444 SW 2nd Avenue on the 3rd Floor, Miami, Florida 33130
and are available for public review during regular working hours. Please call (305) 416-
1400 for an appointment to review the documents.
C I T
P I a n n i
x 0 n M I A
n g & Zoning D e p a r
444 SW 2m AVE 3' FLOOR MIAivn, FL 33130
NW W.MIAMIGOV.COM/PLANN1NG
M I
t m e n t
WARRANT NOTIFICATION LETTER
You are hereby notified that an applicatio'ra will be submitted to the City of Miami Planning
Department for approval of a Warrant under the provisions of the Miami 21 Code; for the following
proposal:
NOTIFICATION TO: JOSE A GONZALEZ &W MARTHA
ABUTTING OWNER NAME
ABUTTING PROPERTY ADDRESS
APPLICANT
APPLICANT ADDRESS
CITY, STATE ZIP CODE
SUBJECT PROPERTY
ZONING DESIGNATION
NATURE OF APPLICATION
929 NE 78 ST
916NE79ST,LLC
900 NE 79th Street
Miami, FL 33138
900 :NE 7 9" Street
T5-O
Boteco Restaurant
The applicant is proposing to add 85 seats and 25 tables on existing terrace of 1.254 sq. ftfor
outdoor seating area in an addition to the interior area of 2.375 sq. ftof existing building as per
microfilm records
FOR NEW CONSTRUCTION:
PROPOSED USE(S)
HEIGHT
No. of PARKING SPACES
SQUARE FOOTAGE (by use):
ri'a
FOR ALL OTHER APPLICATIONS:
DETAILED DESCRIPTION OF PROPOSAL
This project will be reviewed for approval for a Warrant; consequently the Planning Department will have
on file all documentsplans and supporting materials ;pertaining to this proposal. Should you wish to review
this file it will be made available by appointment with the Land Development Division of the Planning
Department located at 444 SW 2"`' Avenue. 3`° Floor. For an appointment please call at (305) 416-1400
The Final Decision issued by the Planning Director may be appealed to the Planning, Zoning, and Appeals
Board (PZAB) pursuant to provisions set forth in the Miami 21 Code. within fifteen (15) days of the date of
issuance (posting to City's weasite) of the Warrant permit by filing a written appeal and appropriate fee with
the Office of Hearing Boards located at 444 SW 24d Avenue. 3'" Floor, Miami. FL 33130 For an
appointment, please call (305) 416-2030
The Miami 21 Code rewires that all abutting property owners, registered Neighborhood or Homeowners Associations
City Commissioner be notified of Warrant applications in an approved notification letter.
. Planning Department 4"..
//i 15-13
Office of Zoning:.
CITY OFf1'i l ANt I
'' 1 i4 T, r! n. n
t,.I..fit,
•k,
rt,
"This decision is final,
unles an appeal is filed
w Hearing Boards
within 15 days of the
final decision."
File ID 14-01012wt
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-15-003
January 21, 2015
Dr. Ernest Martin offered the following resolution and moved its adoption:
Item PZAB.2.
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S),
GRANTING THE APPEAL, THEREBY DENYING THE WARRANT PERMIT APPLICATION NO. 2013-0031 ISSUED
BY THE PLANNING DIRECTOR ON SEPTEMBER 18, 2014, TO ALLOW AN OUTDOOR DINING AREA ON THE
PROPERTY LOCATED AT APPROXIMATELY 916 NORTHEAST 79TH STREET, MIAMI, FLORIDA.
Upon being seconded by Mr. David H. Young, the motion passed and was adopted by a vote of 9 - 2:
Ms. Jennifer Ocana Barnes
Mr. Chris Collins
Ms. Maria Lievano-Cruz
Mr. Charles A. Garavaglia
Mr. Charles A. Gibson
Ms. Maria Beatriz Gutierrez
Dr. Ernest Martin
Mr. Daniel Milian
Mr. Juvenal Pina
Ms. Melody L. Torrens
Mr. Manuel J. Vadillo
Mr. David H. Young
A
Fra Cisco .tarcia, Director
Planning and. Zoning Department
Yes
Absent
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Absent
x4cution D to
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF ( I (1h1.. , 2015.
ann'i f-.r cola
Print Notary Name
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Notary Public State f Florida
My Commission Expires: 2., (2101)(6,
JENNIFER S0LA
MY COMMISSION # EE 172869
�. \oP EXPIRES: February 26, 2016.
QrFoF atpR Bonded Thru Budget Notary Services
DECISION
cite 850
. tanaiscti J. a rola, 1 j ctor
fanning & 4oning ,De rtment
nicE THAT
Address:
Final Decision:
3°
FINAL D
File No. 13-0031
ISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
"Outdoor Dining (Boteco Restaurant)
916 NE 79 St., Upper Eastside
❑ Approval
El Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for a Warrant pursuant to Article 6, Section 6.3.2, of the
Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida. This Section
states explicitly that a Warrant shall be required for outdoor dining area and the display and sale
of items from vending carts.
Pursuant to Section 7.1.3.4 of the above -cited Zoning Ordinance, the Planning Department has
made referrals to the following Departments and Boards
• Office of Zoning, Planning & Zoning Department
• Upper Eastside NET Office, Neighborhood Enhancement Team
Their comments and recommendations have been duly considered during the review of this final
decision. In reviewing this application, pursuant to Section 7.1.2.4 (d) of the Zoning Ordinance,
the following findings have been made:
FINDINGS
• Applicant is proposing an outdoor dining area for a restaurant "Boteco."
• The proposed outdoor dining area consists of 25 tables with 85 seats adjacent to the building.
• The proposed location for the outdoor dining area is on the west side of the property located
at the side of the building within private property on the new terrace,
• The proposed outdoor dining area has been designed effectively not to disrupt the safe flow of
pedestrians on the pedestrian walkway.
File No.13-0031
• It is found that a Certificate of Use for a restaurant was issued 07/23/2007 and is allowed the
sale of beer, wine and alcoholic beverages but shall be incidental to the sale and consumption
of food. Beer, wine and alcoholic beverages may be consumed both at tables and counters
provided it is in conjunction with the principal and primary consumption of meals.
• In accordance with the recorded Declaration of Restrictions Section 3 Subsection (c) & (d)
records of all purchases and gross retail sales of food and non-alcoholic beverages and all
purchases of gross retail sales of alcoholic beverages must be maintained separately. The
records required above must be maintained on the premises, or other designated place
approved in writing by the City for a period of three years and shall be made available within
14 days upon demand by an officer of the city.
• Pursuant to Sec. 7.1.2.4 (d) of the Miami 21 Code, the City of Miami Zoning Ordinance, the
application has been reviewed and found sufficient.
Based on the above findings and the considered advice of the officers and agencies consulted on
this matter and pursuant to Section 7.1.1.2 of the Zoning Ordinance, the subject proposal is
hereby approved with conditions subject to the plans submitted by the applicant and on file with
the Planning Department as well as the following limitation:
CONDITIONS:
1. Beer, wine and alcoholic beverages may be consumed both at tables and counters
provided it is in conjunction with the principal and primary consumption of meals.
2. Records of all purchases and gross retail sales of food and non-alcoholic beverages and
all purchases of gross retail sales of alcoholic beverages must be maintained separately.
The records required above must be maintained on the premises, or other designated
place approved in writing by the City for a period of three years and shall be made
available within 14 days upon demand by an officer of the City.
3. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the hours of
11 p.m. and 7 a.m. the following day, unless said music devices are played or operated in
a closed building and the sound is not audible from the outside of the building so as to
disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of
residence.
4. Any noise generated on site shall conform to Chapter 36 of the City Code noise
regulation.
5. Failure to comply with the conditions herein shall result in this Warrant permit being
revoked.
NOTICE
The final decision of/the-Director may be appealed to the Planning, Zoning, and Appeals
Board by any aggrieved party;, within fifteen (15) days of the date of issuance by filing a
written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd
Ave., 3rd Floor, Miami, FL 33 3 1. Telephone number (305) 416-2030
Signature
Francisco J.`�
Planning &
ar Cl`a, Director
'Wing Department