Res. No. 123-09-12932RESOLUTION NO. 123 -09 -12932
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL
TO LOCATE A GENERAL RESTAURANT AT 5823 SUNSET DRIVE WITHIN THE
"SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC),
the Applicant, GSC Restaurant, LLC has submitted Planning Board Application No. PB -09 -015
requesting a Special Use Approval to operate a new general restaurant to be located on the
ground floor of an existing three story mixed use office /retail building at 5823 Sunset Drive,
within SR(HD)," Specialty Retail Hometown Overlay Zoning District; and
WHEREAS, a general restaurant is a retail use which is permitted as a special use in
within "SR(HD -OV)," Specialty Retail Hometown Overlay Zoning District and is subject to
meeting general conditions specified in LDC Section 20 -5.8 and subject to meeting special use
requirements set forth in LDC Section 20- 3.4(B)(4)(b); and
WHEREAS, the approval of a special use requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at its July 14, 2009 meeting the Planning Board, after public hearing, voted
5 ayes 0 nays to recommend approval with conditions of the special use request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
accept the recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Special Use Application (PB -09 -015) submitted by GSC Restaurant,
LLC. requesting approval to operate a new general restaurant located at 5823 Sunset Drive,
located within the "SR(HD -OV)," Specialty Retail Hometown Overlay Zoning District is hereby
approved subject to the following conditions:
(1) The applicant shall satisfy their additional off -site required six spaces by executing a
long term lease acceptable to the City Attorney, or by contributing to the Hometown
District Improvement Trust Fund as set forth in Land Development Code Section
20 -7.6 (C)(2).
(2) If the proposed general restaurant is, in the future, determined by the Director of
Planning, to be adversely affecting the health or safety of persons residing or working in
the vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements in the neighborhood, or to be not in compliance with other applicable
Res. No. 123 -09 -12932
2
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 28th day of July, 2009
ATTEST:
1�'ZR?
'— CITY CLE
READ AND APPROVED AS TO
APPROVED:
Commission 'Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
XAComm Items \2009 \7 -28 -09 \Special use Rest 5823 Sunset Rest Revised Resolution.doc
4 -0
Absent
Yea
Yea
Yea
Yea
South Miami
All-NnericaCft
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Departme A
Date: July 28, 2009 ITEM fled
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT AT 5823 SUNSET DRIVE WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN
EFFECTIVE DATE.
APPLICANT'S REQUEST
Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, GSC
Restaurant, LLC. is requesting a Special Use Approval to operate a new general restaurant at the above
referenced location. The location of the restaurant is on the ground floor,of an existing three story mixed
use office /retail building. The proposed restaurant is located in the "SR(HD)," Specialty Retail Hometown
Overlay Zoning District which allows restaurants if approved through the special use process. The LDC
provides that special uses must be approved by the City Commission after a public hearing and receipt of
a recommendation from the Planning Board.
STAFF ANALYSIS
(1) The restaurant will occupy 898 sq. ft. The required parking spaces for the restaurant will be 9 spaces
(1 space per 100 sq. ft.). The restaurant will occupy a first floor storefront previously occupied by a
retail establishment. The 1965 building has off - street parking spaces for the current uses in a rear
parking lot. The number of spaces provided for the building is not sufficient according to current LDC
parking standards thereby making the building non - conforming as to off - street parking requirements.
Any new uses which are located in the building will be required to meet current parking standards for
that use less any credits allowed for the previous use occupying the space where the new use will be
located.
(2) The substitution of the proposed restaurant for a current retail use will require the applicant to provide
6 additional off -site parking spaces (9 spaces -3 spaces credited to the current retail store use).
Hometown District Regulations (Section 20- 7.6(C)(2)(b) states that a change of use in an existing
building requiring additional parking spaces must provide for these spaces by: (1) obtaining a special
exception (variance) from the City Commission; or (2) contribute an annual fee for each space to the
Hometown District Improvement Trust Fund; or (3) execute a long term lease (5 year minimum) to
use surplus off - street parking spaces at another location (LDC Section 20- 4.4(F)(2).
2
(3) The applicant is proposing to lease the required spaces from Mark Richman Properties (South Miami
Parking Garage). A letter confirming this arrangement from the Richman firm is attached.
(4) The proposed special use complies with the conditions set forth in LDC Section 20- 5.8(B) and in
addition the proposed use also complies with all supplemental requirements for a general restaurant
as set forth in LDC Section 20- 3.4(13)(4)(b).
Planning Board Action:
The Planning Board at its July 14, 2009 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the special use restaurant request with the following conditions:
(1) The applicant shall satisfy their additional off -site required six spaces by executing a long
term lease acceptable to the City Attorney;
(2) If the proposed general restaurant is, in the future, determined by the Director of Planning, to
be adversely affecting the health or safety of persons residing or working in the vicinity of the
proposed use, to be detrimental to the public welfare or property or improvements in the
neighborhood, or to be not in compliance with other applicable Code provisions, the special use
approval may be modified or revoked by the City Commission upon notification and public
hearing.
Administration Comments
The current Land Development Code regulations for projects in the Hometown District allow for the
selection of one of three options to provide required parking spaces which can not be accommodated on
site (Section 20- 7.6(C)(2)(b). The applicant for this restaurant has chosen the long term lease of spaces in
the City's parking garage as a method to provide the required six off -site parking spaces. Another
alternative would be an annual contribution ($1,000 per space) by the business owner to the Hometown
District Improvement Trust Fund. The third alternative would be for the applicant to seek a special
exception waiving the additional spaces.
Backup Documentation:
Draft Resolution
Application
Location Map
Letter of Intent
Planning Department staffreport (7- 14 -09)
Planning Board Minutes Excerpt (7- 14 -09)
Rest. Site/Floor Plans
Public Notices
TJV /SAY
X: \Comm Items\2009 \7 -28 -09 \Special use Rest 5823 Sunset Revised CM Report.doc
i))67 o'-r --CJ f S
City of South Miami
Admik Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 668-7356
ADDlication For Public Hearing Before Planning Board & City Commission
Address of Subject Property: 5e6 ut se-k- Or. ✓t
Lot(s) _ Block _Subdivision
PB --
Meets & Bounds:
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Applicant: e c( t �t'L�� l l L-
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Phone: 5 3 �J ( CIO
Representative: R.... 0 QK'4k t"'
Organization: SG L I L
Address: -2 cjcjj 41tr yov- (+
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Phone: -J05 (�Ojg ZT 2
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Property Owner. �I�� A,u v ) {-; i Yt t 5 T�
Signature:
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Mailing Address: S 7 r t�>
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Phone: ✓J _ v _ 271
Architect/Engineer.
Phone:f
P�S THE PLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Representative _Contract to purchase _Option to purchase _Tena ntlLessee
—
_Owner _Owner's
APPLICATION PPLICATION IS HEREBY MADE FOR THE FOLLOWING:
MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
FPLEASSE CK ALL THAT APPLY:
ntent
Text Amendment to LDC Variance
Zoning Map Amendment Ypecial Use
ons for change
_
_ PUD Approval _Special Exception
(Waiver of Plat)
t of hardship
VProof of ownership or letter from owner
— PUD Major Change _Other
-7 Power ofattorney
Briefly explain application and cite specific Code sections:
= Contract to purchase
✓Current survey (1 original sealed and
c e, E ;QCA' a 1 a' Pp�'r oJLI� {^J o�. �
per�ut7t; n � b �
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signed /1 reduced copy @ 11 "x 17 ")
_ 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
20% Property owner signatures or
Affidavit attesting to mad notice sent
Section:_ Subsection:_ Page #:_ Amended Date:
\/Mailing labels (3 sets) and map
•
�' Required Fee(s)
The undersigned has read this comppleted application, and represents that the information and all submitted materials are true and
Cal e e licant's imowledge and belief.
XP,ic e and title p{ Date
6� 65c �e3tti�.rc;�} LL .
Upon receipt, aTTplica$onsT and all submitted materials
comn ill will reviewed be re ted andplianced itthee and D=evelopment Code and other
11 rr
appucauic -_.._�
OFFICE USE NL C�
Date Filed% / Date of PB Hearing % `� /C1 Date of Commission
Petition Requ e(r d� Petition Accepted Z
Method of Payment
11/19/07
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Letter of Intent
City of South Miami, City Half
Planning and Zoning Department
613D Sunset Drive
South Miami, Fl. 33143
Proposed new Restaurant for GSC RESTAURANT LLC at 5823 Sunset Drive, South Miami, Florida 33143
Dear Sir or Madam,
on behalf of our Tenant, GSC RESTAURANT LLC, we request your consideration to grant Special Use
Permit for above caption project located in the City of South Miami.
The Special Use Permit is for a new restaurant located on the 5825 Sunset Plaza Building located on
5823 Sunset Drive. The new restaurant will be located at the ground floor and will be approximately 881
square feet under A /C.
I believe the new Restaurant will be in compliance with the local code requirements and will interact
well with existing businesses of the neighborhood.
I respectfully request your department's thoughtful review and approval of our petition for this Special
Use Permit.
Sincerely,
togg�gr E -D arte
President
GSC RESTAURANT LLC
1- 877 -212 -6458
www.georgestonecrab.com
To: Honorable Chair &
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Departmen
Date: July 14, 2009
Re: Special Use Approval
Restaurant
5823 Sunset Drive
PB -09 -015
Applicant: GSC Restaurant, Inc.
Location: 5823 Sunset Drive
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL
TO LOCATE A GENERAL RESTAURANT AT 5823 SUNSET DRIVE WITHIN THE
"SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
APPLICANT'S REQUEST:
Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, GSC
Restaurant, Inc. is requesting a Special Use Approval to operate anew general restaurant at the
above referenced location. The location of the restaurant is on the ground floor of an existing
three story mixed use office /retail building. The proposed restaurant is located in the "SR(HD),"
Specialty Retail Hometown Overlay Zoning District which allows restaurants if approved
through the special use process. The LAC provides that special uses must be approved by the
City Commission after a public hearing and receipt of a recommendation from the Planning
Board.
STAFF ANALYSIS
(1) The restaurant will occupy 898 sq.ft. The required parking spaces for the restaurant will be 9
spaces (1 space per 100 sq. ft.). The restaurant will occupy a first floor storefront previously
occupied by a retail establishment. The 1965 building has off - street parking spaces for the
current uses in a rear parking lot. The number of spaces provided for the building is not
sufficient according to current LDC parking standards thereby making the building non-
conforming as to off-street parking requirements. Any new uses which are located in the
building will be required to meet current parking standards for that use less any credits
allowed for the previous use occupying the space where the new use will be located.
5823 Sunset Dr.
Special use approval
July 21, 2009
Page 2 of 3
(2) The substitution of the proposed restaurant for a current retail use will require the applicant
to provide 6 additional off -site parking spaces (9 spaces -3 spaces credited to the current
retail store use). Hometown District Regulations (Section 20- 7.6(C)(2)(b) states that a
change of use in an existing building requiring additional parking spaces must provide for
these spaces by: (1) obtaining a special exception (variance) from the City Commission; or
(2) contribute an annual fee for each space to the Hometown District Improvement Trust
Fund; or (3) execute a long term lease (5 year minimum) to use surplus off - street parking
spaces at another location (LDC Section 20- 4.4(F)(2).
(3) The applicant is proposing to lease the required spaces from Mark Richman Properties
(South Miami Parking Garage). A letter confirming this arrangement from the Richman firm
is attached.
SPECIAL CONDITIONS APPLICABLE:
The overall purpose of going through the special use process is to determine the compatibility of
the proposed use with the surrounding neighborhood. A special use must comply with the
conditions set forth in Section 20- 5.8(B) in that the use:
a) Will not adversely affect the health or safety of persons residing or working in the
vicinity of the proposed use;
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
In addition, special uses may also be required to comply with supplemental requirements, which
are set forth in Section 20- 3.4(13)(4)(b). In the case of a general restaurant the following
requirements are listed:
(i) All such establishments shall provide only inside or patio service on private property.
Public streets, rights -of -way, sidewalks and required setbacks may not be used for
patio or street -side services of any kind. A separate application for outdoor seating
would be required.
(ii) No services of a drive -in or of a fast food nature shall be permitted.
(iii) The city commission shall review and recommend approval, disapproval or
modification of all site plans and project specifications for this special use permit.
RECOMMENDATION
The requested special use approval for a restaurant at this location complies with the LDC
requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set
forth in Section 20 -5.8. Approval of the application with the following conditions is
recommended:
(1) The applicant shall satisfy their additional off -site required six spaces by executing a
long term lease acceptable to the City Attorney;
5823 Sunset Dr.
Special use approval
July 21, 2009
Page 3 of 3
(2) If the proposed general restaurant is, in the future, determined by the Director of
Planning, to be adversely affecting the health or safety of persons residing or working in
the vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements in the neighborhood, or to be not in compliance with other applicable
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
Attachments:
Application
Location Map
Letter of Intent
Communication from M. Richman
Copies of Public notices
Survey
Restaurant Site/Floor Plans
TJV /SAY
X:1PB\PB Agendas StaffReportst2009 Agendas Staff Reportsl7- 14- 09\PB -09 -015 Special use Rest, 5823 Sunset Dr.doc
MARK a PROPERTIES3 INC.
SOUTH MIAMI PARKING a Y A.
5829 SW 73rd Street, Suite 1
South Miami, Florida 33143
June 12, 2009
Attn: GSC restaurant LLC
Roger Duarte
Tel: (305) 661.2525
Fax: (305) 661.2960
The south Miami municipal garage has monthly parking spaces available for your business. We
have 6 spaces available for you as soon as your ready to open, and more if necessary. The price is
$53.50 per space per month including sales tax. Payment is necessary to reserve the spaces, and we will
offer you a five year lease term with an additional five year option. We look forward to helping you, and
wish you all the best in your new business venture.
Sincerely,
C,r
Danny Young
305- 661 -2525
55BZALW� 7th STREET SUITE 202 SUR1,EYN.. 7.0005077-2
MIAMI, FLORIDA 33126
TELEPHONE:,f305) 2644660 a it a P, U r- LT r Ij ur rs H jc
FAX. (305) 264-0229 LAND SURVEYORS SHEET NO. 2 OF 2
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 14, 2009
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:40 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll
quorum: Present: Mr. Morton, Ms. Yates, Mr,
Absent: Mr. Farfan, Mr. Comendeiro.
call. Board members present constituting a
Whitman, Mr. Cruz, and Ms. Young.
City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria
Stout -Tate (Administrative Assistant 11).
IV. Planning Board Applications/Public Hearings
(A) PB -09 -015
Applicant: GSC Restaurant.
Location: 5823 Sunset Drive
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5823 SUNSET DRIVE
WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT
OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read into record.
Discussion:
Mr. Youkilis stated that this is a special use request for placing a restaurant at 5823 Sunset
Drive. Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the
applicant, GSC Restaurant, Inc. is requesting a Special Use Approval to operate a new general
restaurant at the above referenced location. The location of the restaurant is on the ground
floor of an existing three story mixed use office /retail building. The proposed restaurant is
located in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District which allows
restaurants if approved through the special use process. The LDC provides that special uses
Planning Board Meeting Excerpt
July 14, 2009
Page 2 of 3
must be approved by the City Commission after a public hearing and receipt of a
recommendation from the Planning Board. The restaurant will occupy 898 sq .ft. The required
parking spaces for the restaurant will be 9 spaces (1 space per 100 sq. ft.). The restaurant will
occupy a first floor storefront previously occupied by a retail establishment. The 1965
building has off - street parking spaces for the current uses in a rear parking lot. The number of
spaces provided for the building is not sufficient according to current LDC parking standards
thereby making the building non- conforming as to off - street parking requirements. Any new
uses which are located in the building will be required to meet current parking standards for
that use less any credits allowed for the previous use occupying the space where the new use
will be located.
Mr. Youkilis went on to say that the substitution of the proposed restaurant for a current retail
use will require the applicant to provide 6 additional off -site parking spaces (9 spaces -3
spaces credited to the current retail store use). Hometown District Regulations (Section 20-
7.6(C)(2)(b) states that a change of use in an existing building requiring additional parking
spaces must provide for these spaces by: (1) obtaining a special exception (variance) from the
City Commission; or (2) contribute an annual fee for each space to the Hometown District
Improvement Trust Fund; or (3) execute a long term lease (5 year minimum) to use surplus
off - street parking spaces at another location (LDC Section 20- 4.4(F)(2).
(1) The applicant is proposing to lease the required spaces from Mark Richman Properties
(South Miami Parking Garage). A letter confirming this arrangement from the Richman
firm is attached.
The requested special use approval for a restaurant at this location complies with the LDC
requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements
set forth in Section 20 -5.8. Approval of the application with the following conditions is
recommended:
(1) The applicant shall satisfy their additional off -site required six spaces by executing
long term lease acceptable to the City Attorney;
(2) If the proposed general restaurant is, in the future, determined by the Director of
Planning, to be adversely affecting the health or safety of persons residing or working
in the vicinity of the proposed use, to be detrimental to the public welfare or property
or improvements in the neighborhood, or to be not in compliance with other applicable
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
Mr.. Morton asked what the impact on this restaurant is if the proposed LDC Amendment on
tonight's agenda to remove the parking lease provision is adopted. Mr. Youkilis stated that
this business would be grandfathered or vested as the restaurant special use was submitted
before the any possible adoption date for the amendment to the parking provisions.
Mr. Cruz would this tenant use the outside space using outside for sitting. Mr. Youkilis stated
that Administration would take care of this issue if a future application was submitted, and the
approval would be subject to administrative requirements.
Planning Board Meeting Excerpt
July 14, 2009
Page 3 of 3
Mr. Whitman asked the applicant Mr. Roger Duarte how many employees would be in the
restaurant and how many tables would fit into this small space. Mr. Duarte answered that
there are 3 employees and it would have 3 -4 tables. It is a very small space.
Mr. Whitman inquired about the use of the parking spaces. Mr. Youkilis stated that the tenant
is required to have six off -site spaces and that his employees' may park there. Mr. Duarte
stated that he was not aware that the employee's may park in the six spaces that he was
paying for.
Ms. Young asked about the hours of operation. Mr. Duarte answered by saying that the
restaurant would be open between 11:00 a.m. -9:00 p.m.; 6 days a week excluding Mondays.
Mr. Morton opened the Public Hearing:
Speaker:
NAME: ADDRESS: SUPPORT /OPPOSE
Dr. Steve Halegua 5837 Sunset Drive OPPOSE
Dr. Halegua does not like the fact that there would be another restaurant in the City of South
Miami. This will make the parking situation worse.
Speaker:
NAME: ADDRESS: SUPPORT /OPPOSE
Beth Schwartz None Provided SUPPORT
Ms..Schwartz stated that there is a parking garage that is not being used properly. What is
one more restaurant in the downtown? Let this applicant come in and stimulate our area.
Perhaps instead of not letting this tenant come in and start a new business, the landlords could
decrease the rent and help out the existing tenants assisting with the stimulation of the area.
Speaker:
NAME: ADDRESS: SUPPORT /OPPOSE
Phillip Stoddard 6820 SW 64 Court
Mr. Stoddard feels that competition should be encouraged but he is concerned about the
parking garage issue. He believes that Mr. Mark Richmond is being paid twice; once by the
tenants and then by residents /visitors who need to park and believes that it is not fair.
Mr. Morton closed public hearing.
Motion:
Mr. Whitman made a motion to recommend approval with the conditions recommended by
staff-, the motion was seconded by Ms. Young.
Vote: 5 yes, 0 no.
X:\Comm Items \2009 \7- 28 -09\PB Minutes 7 -14 -09 Excerpt Rest.doc
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