HomeMy WebLinkAboutR-15-0550Vop City of Miami
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Resolution: R-15-0550
File Number: 15-00949wta
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL,
THEREBY APPROVING WARRANT PERMIT NO. 2014-0018, ALLOWING
OUTDOOR SEATING FOR A NEW RESTAURANT, WHICH ENCOMPASSES A
WAIVER FOR AN ADAPTIVE USE OF AN EXISTING OFFICE BUILDING TO A
RESTAURANT USE PROVIDING A TOTAL OF SIX (6) PARKING SPACES ON SITE,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 5599 BISCAYNE
BOULEVARD, MIAMI, FLORIDA.
WHEREAS, an application was filed for a Warrant to allow outdoor seating for a new restaurant
("Application"), which encompassed a Waiver for an adaptive use of an existing office building to a
restaurant use providing a total of six (6) parking spaces on site, for the property located at
approximately 5599 Biscayne Boulevard, Miami, Florida; and
WHEREAS, on July 2, 2015, the Director of the Department of Planning and Zoning approved,
with conditions, Warrant Permit No. 2014-0018; and
WHEREAS, Kirk De Leon, Esq. filed an appeal pursuant to Section 7.1.2.4(e) of the Miami 21
Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), of Warrant
Permit No. 2014-0018; and
WHEREAS, on October 7, 2015, the Planning, Zoning and Appeals Board ("PZAB"), after a public
hearing, denied Warrant Permit No. 2014-0018 and granted the appeal by adopting Resolution PZAB
R-15-067, by a vote of five to two (5-2); and
WHEREAS, on October 21, 2015, Courtney at 5599, LLC and Trilussa, Inc. filed an appeal,
pursuant to Section 7.1.2.4.(e) of the Miami 21 Code, of the PZAB's decision to deny Warrant Permit
No. 2014-0018; and
WHEREAS, based on the testimony and evidence presented, and after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to support approval of the Application; and
WHEREAS, the City Commission has considered the manner in which the proposed use will
operate given its specific location and proximity to the adjacent uses; and
WHEREAS, the City Commission has considered the requirements of the Miami 21 Code and
Article 4, Table 12, Design Review Criteria; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated
grounds for this appeal and the facts presented in support thereof justify reversing the decision of the
PZAB; and
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File Number: 15-00949wta Enactment Number: R-15-0550
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds
that the Warrant to allow outdoor seating is compatible with the adjacent uses and does comply with
the criteria for a Warrant as set forth in Section 7.1.2.6 of the Miami 21 Code and Article 4, Table 12,
Design Review Criteria;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission reverses the decision of the PZAB as set forth in Resolution
PZAB-R-15-067, approves the appeal giving rise to this hearing, and therefore approves the
Application with the following conditions:
1. Neither the Warrant nor the Waiver shall be transferable, except to a family member of the
Rannucci family, and must remain with Trilussa Inc. d/b/a Casa Abbottega, and any change of
operator besides the Rannucci family shall require new Warrant and Waiver; and
2. The operator shall advise all employees and patrons to not park on Northeast 56 Street or
Northeast 55 Terrace, Miami, Florida or in residential areas of Morningside neighborhood; and
3. The maximum outdoor seating is twelve (12) seats; and
4. No patrons shall be offered outdoor seating after 10 P.M.; and
5. Any person sitting outside shall be moved indoors by 11 P.M.; and
6. The operator shall develop and construct an eight (8) foot high masonry wall by May 10, 2016
where the restaurant abuts single family homes at 455 Northeast 55 Terrace and 448 Northeast 56
Street, Miami, Florida; and
7. The operator shall develop and construct an eight (8) foot high masonry wall by May 10, 2016
where 465 Northeast 56 Street abuts the property located at 445 Northeast 56 Street a/k/a 5001
Biscayne Boulevard, Miami, Florida; and
8. The City Commission shall consider the status of compliance with the conditions of the
Warrant six (6) months after issuance of the Certificate of Use for the restaurant at a public hearing
with specific mail notice given to Kirk De Leon at 465 Northeast 56 Street, Kevin Hinds at 448
Northeast 56 Street and SD Technologies at 455 Northeast 55 Terrace, Miami, Florida. The cost of
the notice will be paid by the Applicant/operator; and
9. The Applicant shall plant and maintain landscaping as approved by the Department of Public
Works to buffer the Morningside neighborhood from the restaurant within the City owned median
adjacent to the restaurant. A covenant running with the land approved by the Director of Public
Works and in a form acceptable to the City Attorney shall be recorded by the Applicant regarding
planting and maintenance of the landscaping in the median; and
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File Number: 15-00949wta
10. All other conditions included in the original Warrant are incorporated.
Enactment Number: R-15-0550
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1 }
Footnotes:
{1} This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar days from the date passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission or upon date stated
herein, whichever is later.
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