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Home My WebLink AboutAppeal Letter to City Commission7001 BERCOW RADGLL & FERNAN DEZ ONING, LAND USE ANC ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: 13FernandezCa1BRZoningLaw.com VIA HAND DELIVERY March 11, 2015 Ms. Olga Zamora City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Appeal of PZAB Decision File 14-01012 Warrant Permit Number 2013-0031 Dear Ms. Zamora, cil ss This law firm represents Boteco restaurant located at 900 NE 79th Street in relation to the referenced appeal. This letter shall serve as a request that the hearing before the City Commission be scheduled for the April Planning and Zoning session. The reason for our request is that, as a result of meeting with Code Enforcement representatives and area residents, our client has agreed to submit revised plans for the Commission's consideration that incorporate certain improvements that are relevant to outdoor seating approved by the Warrant. These plans need to be reviewed by the Zoning Department and the Planning Department. Accordingly, we would respectfully request that the appeal be scheduled in April. Thank you for your consideration. Sinc B n Fernandez Enclosure z X 05 --+ rn z SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM RE CD 111 BERCOW RADELL&Micikkilf1i ZONING, LAND USE ANI EN\/IFtCp5fEi$E $ q:L33W Direct: 305-377-6235 E-Mail: BFernandez@BRZoningLaw.com VIA HAND DELIVERY February 3, 2015 Ms. Christine Hwa City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Appeal of PZAB Decision File 14-01012 Warrant Permit Number 2013-0031 This law firm represents Boteco restaurant Located at 900 NE 79th Street. This letter shall serve to appeal the Planning Zoning and Appeal Board's recent decision granting the appeal of Mr. Abed Hammoud, in relation to the referenced Warrant obtained by our client. This appeal to the City Commission is filed pursuant to section 7.1.2.4.(e) of the Miami 21 code. A copy of the Planning and Zoning Department's Analysis and minutes indicating the PZAB determination is attached as Exhibit A. The fee required pursuant to section 62-23 (B) of the city of Miami code is also enclosed. Boteco appeals the Decision for the following reasons: 1. The decision of the Planning Zoning and Appeals Board was not based on competent and substantial evidence. The Planning and Zoning Department analysis supports the application and recommended denial of Mr. Hammoud's appeal. 2. The comment of the limited number of objectors were not supported by verifiable or credible evidence. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Ms. Christine Hwa February 3, 2015 Page 2 3. Evidence was presented by Mr. Hammoud after the hearing was closed in violation of article 7.1.4.6 (j) and the applicant was not entitled to conduct cross examination of Mr. Hammoud in relation to this supplemental documentation. For all of the foregoing reasons, we hereby appeal the Planning Zoning and Appeal Board's decision and ask at the City Commission reconsider and approve the Warrant as recommended by the Planning and Zoning Department. Enclosure Sin,e f Ben Fernandez BERCOW RADELL & FERNAN DEZ ZONING, LAN 1:3 USE ANID ENVIRONMENTAL LAW WARRANT FINAL DECISION To: Ben Fernandez 200 S Biscayne Blvd. Suite 850 Miami, FL 33131 From: Francisco J. Garcia, Director Planning & Zoning Department File No. 13-0031 PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: Outdoor Dining (Boteco Restaurant) Address: 916 NE 79 St., Upper Eastside Final Decision: ❑ Approval Approval with conditions 0 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 2"d Ave., 3rd Floor, Miami, ?L 33130. Telephone number (305) 416-2030 Signature Francis d. /t arcia, Director Planni & Zoning Department 2 Date 'iv ( i