16CITY 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 Brimo, 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
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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 of special use approval -General Restaurant
April 15, 2014
Page 2 of2
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. The applicant has
been working towards submittal of permit plans for the conversion of the existing frame store to
a restaurant.
However, Section 20-5.8(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:\Commission ltems\2014\04-15-14\Extension Special use approval Marhaba Rest 5864 Sunset Dr_CM report.docx
1 RESOLUTION NO. __ _
2
3 A Resolution relating to a request for an extension of time for issuance of
4 permits for a Special Use that was previously approved by Resolution No.
5 166-13-13984, to locate a general restaurant at 5864 Sunset Drive.
6
7 WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
8 the applicant, Nach Group, LLC submitted to the Planning Board Application No. PB-13-022
9 requesting a Special Use Approval to operate a general restaurant to be located at 5864 Sunset
10 Drive, within the Specialty Retail "SR", Hometown District Overlay "HD-OV" zoning district;
11 and
12 WHEREAS, at the August 6, 2013 Commission meeting, and following a public hearing,
13 the Commission voted unanimously to recommended approval of the special use request to
14 relocate this existing restaurant (Marhaba) to the new location, by Resolution No. 166-13-13984;
15 and
16 WHEREAS, special use approvals shall lapse after six months if no master permit or
17 certificate of occupancy has been issued for such use; and
18
19 WHEREAS, the applicant is working with the City to obtain a permit for the project at
20 this new location and is requesting an extension of 180 days pursuant to the requirements of
21 Section 20-5.8(D) of the Land Development Code to facilitate completion of permitting; and
22
23 WHEREAS, the applicant filed a request for an extension and four affirmative votes of
24 the City Commission is required for the granting of such an extension.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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29 Section 1: The request for an extension oftime to obtain appropriate permits for a Special Use
30 which was previously approved by Resolution No. 166-13-13984 and submitted by applicant
31 Nach Group, LLC, to operate a general restaurant located at 5864 Sunset Drive, within the
32 Specialty Retail "SR", Hometown District Overlay "HD-OV" zoning district is _____ _
33 for a period of days.
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35 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
36 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
37 not affect the validity of the remaining portions of this resolution.
38
39 Section 3. Effective Date. This resolution shall become effective immediately upon
40 adoption by vote of the City Commission.
41
42 PASSED AND ADOPTED this __ day of ,2014.
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44 ATTEST: APPROVED:
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46
47 CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
CITY ATTORNEY Commissioner Edmond:
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