Res No 071-14-14165RESOLUTION NO. 71-14-14165
A Resolution relating to a request for an extension of time for issuance of
permits for a Special Use that was previously approved by Resolution No.
166-13-13984, to locate a general restaurant at 5864 Sunset Drive.
WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Nach Group, LLC submitted to the Planning Board Application No. PB-13-022
requesting a Special Use Approval to operate a general restaurant to be located at 5864 Sunset
Drive, within the Specialty Retail "SR", Hometown District Overlay "HD-OV" zoning district;
and
WHEREAS, at the August 6, 2013 Commission meeting, and following a public hearing,
the Commission voted unanimously to recommended approval of the special use request to
relocate this existing restaurant (Marhaba) to the new location, by Resolution No. 166-13-13984;
and
WHEREAS, special use approvals shall lapse after six months if no master permit or
certificate of occupancy has been issued for such use; and
WHEREAS, the applicant is working with the City to obtain a permit for the project at
this new location and is requesting an extension of 180 days pursuant to the requirements of
Section 20-5.8(D) of the Land Development Code to facilitate completion of permitting; and
WHEREAS, the applicant filed a request for an extension and four affirmative votes of
the City Commission is required for the granting of such an extension.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The request for an extension oftime to obtain appropriate permits for a Special Use
which was previously approved by Resolution No. 166-13-13984 and submitted by applicant
Nach Group, LLC, to operate a general restaurant located at 5864 Sunset Drive, within the
Specialty Retail "SR", Hometown District Overlay "HD-OV" zoning district is approved
for a period of 1 8 0 days.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a comi of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 1 5 thday of Apr i 1 ,2014.
APPROVED:
li!i{11v/44
Res. No. 71-14-14165
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
Commissioner Edmond: Yea
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven J. Alexander, City Manager
From: Christopher Bririlo, AICP ,r /
Planning Director /
Date: April 15, 2014 ITEM No. / "
A Resolution relating to a request for an extension of time for issuance of
permits for a Special Use that was previously approved by Resolution No.
166-13-13984, to locate a general restaurant at 5864 Sunset Drive.
BACKGROUND
South Miami
bOd
iOTP
2001
pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), the applicant, Nach
Group, LLC submitted to the Planning Board Application No. PB-13-022 requesting a Special
Use Approval to operate a general restaurant to be located at 5864 Sunset Drive, within the
Specialty Retail "SR", Hometown District Overlay "HD-OV" zoning district (Figure 1).
Figure 1
5864 Sunset Drive
Extension ()f special use approval -General Restaurant
April 15, 2014
Page2of2
At the August 6, 2013 COlTh'11ission meeting, and following a public hearing, the Commission
voted unanimously to recommended approval of the special use request to relocate this existing
restaurant (Marhaba) to the new location, by Resolution No. 166-13-13984. The applicant has
been working towards submittal of permit plans for the conversion of the existing frame store to
a restaurant.
However, Section 20-S.8(C) & (D) of the City's land development code states in part, that an
approved special use shall lapse after six months if no master building permit of certificate of
occupancy has been issued, and provides that the City Commission by four affirmative votes
may grant an extension for a previously approved special use.
The applicant had verbally requested an extension of 6-months (180 days) to this approval prior
to the expiration date. Staff evaluated the request and recommends that the Commission grant the
approval for an extension to the previously approved special use.
Z:ICommission Items120 14104·) 5-14lExtension Special use approval Marhaba Rest 5864 Sunset Dr_eM report.docx