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Res. No. 010-90-9036RESOLUTION NO.10-90-9036 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,DENYING A SPECIAL USE PERMIT TO ALLOW AN EATING ESTABLISHMENT IN AN NR (NEIGHBORHOOD RETAIL)DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 1&2,BLOCK 4,COCOPLUM TERRACE ADDITION,AS RECORDED AT PLAT BOOK 48,PAGE 38,OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA, A/K/A 6400 S.W.62ND AVENUE,SOUTH MIAMI,FLORIDA. Agenda Item PB-89-030 WHEREAS,the applicant has requested a special use permit for an eating establishment in an NR district and the staff recommendation is that the proposal complies with current zoning regulations;and WHEREAS,ata public hearing on December 12,1989,the Planning Board voted 6-0 to deny the request. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That a special use permit to allow an eating establishment in an NR (Neighborhood Retail)district on property legally described as: Lots 1 &2,Block 4,COCOPLUM TERRACE ADDITION,as recorded at Plat Book 48,Page 38,of the Public Records of Dade County,Florida,A/K/A 6400 S.W. 62nd Avenue,South Miami,Florida. is hereby denied. PASSEDANDADOPTEDthis 16th dayofJanuary 1989. APPROVED: ATTE cfrr clerk y HAD AND APPROVED AS TO FORM: m-CITY ATTORNEY (\ Resolut\6400SW62.VAR &jj=*_/^c^C & TRACT A GARDENS h TRACT APPLICANT:JAWlS Pet-fillET^ OWNER: MRP REFERENCE:(j^O*^W 4»Z-A^£ COMMENTS:Sf£aAc yj%€Peft-HCT'i ^tCT,HC PtA< C\TV o*SOUTH MIAMI -PIAMNING &0AAD Compass Scale.fk-V^T. Dm.W**.Chk PS «1 Hearing No..#3$. City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday,December 12,1989,at 7:30 P.M.in the City Commission Chambers,the Planning Board of the City of South Miami will conduct aPublicHearingonthe following matters. PB-89-030 Applicant: Request: Location: Legal: Janie Peralez Special Use Permit to allow an Eating Place in an NR District,asspecifiedinSection 20-3.3(E)of theCityofSouth Miami Zoning Code. 6400 S.W.62 Avenue Lots1&2,Block4,COCOPLUM TERRACE ADDITION, according tothe Plat thereof,as recorded in Plat Book48atPage38ofthePublicRecordof Dade County,Florida. YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING,SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS,ANDFORSUCHPURPOSEMAYNEEDTOENSURETHATA VERBATIM RECORDOFTHEPRO CEEDINGS IS MADE,WHICH RECORD INCLUDESTHE TESTIMONY AND EVIDENCE UPON WHICHTHEAPPEAL IS TO BE BASED.(F.S.286.01 OS) PUBLIC HEARING WILL BEHELD IN THE COMMISSION CHAMBERS AT THE CITY HALL,6130 SUNSET DRIVE,SOUTH MIAMI.FLORIDA,AT THE TIME AND OATE STATEO ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND.OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BEMADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING.THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARO CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED.THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT A FUTURE DATE.INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OFTHE ZONING DIRECTOR BY CALLING «67-3«9l OR BY WRITING.REFER TO HEARING NUMBER WHEN MAKING INQUIRY. PLANNING BOARD PSB100-7 BZ REV.12-9—Bl THIS IS A COURTESY NOTICE PB-89-030 Applicant: Request: Location: Legal: RESULT: PLANNING BOARD MINUTES DECEMBER 12TH,1989 Janie Peralez Special UsePermitto allow anEatingPlaceinan NRDistrict,as specified in Section 20-3.3(E)of the City of South Miami Zoning Code. 6400 S.W.62 Avenue Lots 1&2,Block 4,COCOPLUM TERRACE ADDITION, according to the Plat thereof,as recorded in Plat Book48 at Page 38 of the Public Record of Dade County,Florida. Mrs.Peralezsignedin.There were two citizens present tospeak against granting thisrequeststating that thedrugdealingand street noisesalready present would only increase with the addition of this business. Chairman closed thePublic Hearing.Motiontodenymadeby Mr. Carver,seconded by John Andrews. MOTION TO DENY:6-0 PB-89-030 Applicant: Request: Location: Legal: STAFF REPORT December 5,1989 Janie Peralez SpecialUsePermitto allow anEatingPlaceinan NR District,as specified in Section 20-3.3(E)of theCityofSouthMiamiZoning Code. 6400 S.W.62 Avenue Lots 1&2,Block 4,COCOPLUM TERRACE ADDITION, according tothe Plat thereof,as recorded in Plat Book 48 at Page 38of the Public Record of Dade County,Florida. ANALYSIS The proposal complieswithcurrentzoning regulations andmay be permitted bySpecialUse approval.TheproposedEatingPlace willbelocatedwithintheexistinggasolinestationwhichwill continue tooperateasagasolinestationalongwiththe proposed use,if approved. LAND DEVELOPMENT CODE EXCERPT SECTION 2Q-3.4 SPECIAL USE CONDITIONS (4)Eating Place (a)All such establishments shall provide only inside or patio service. (b)No services of a walk-up,drive-in or fast-food nature shall be permitted. (c)Establishments shall be located not less than three hundred (300)feet from another such use. LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI