Res. No. 246-97-10216RESOLUTION NO.246-97-10216
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR
A SPECIAL USE PERMIT FOR A "RESTAURANT,GENERAL,"
PURSUANT TO SECTION 20-3.4 (B)(4)(b)OF THE LAND
DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT
5820 BIRD ROAD,SOUTH MIAMI,FLORIDA 33155;PROVIDING
FOR A LEGAL DESCRIPTION;AND,PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,Mr.Jae Soo Yoo submitted an application to request
aSpecialUse Permit,as specified in Section 20-3.4 (B)(4)(b)of
the Land Development Code,to operate a "Restaurant,General,"
which istobe known as Minami Japanese Restaurant and which is
to be located in the UGR"General Retail zoning district;and,
WHEREAS,the subject property is located at5820 Bird Road;
South Miami,Florida,33155,and is legally described asfollows:
Lots 11 and 12,less the North 20.0 feet for right-of-
way,Block 1,"WesterfieldManorSection 3,"according
totheplatthereofas recorded inPlat Book 27atPage
9 of the Public Records of Dade County,Florida;and,
WHEREAS,the property ownerhas submitted a letter ofintent
authorizing thefutureuse proposed bytheapplicant;and,
WHEREAS,Planning &Zoning staffhas recommended approval of
the application fora Special Use Permit with conditions,which
recommendation is based on (a)the merits of the application and
(b)consistency with theCity'sadopted Comprehensive Plan;and,
WHEREAS,on October 28,1997,the Planning Board voted 5:2
to recommend approval ofthe item with conditions;and,
WHEREAS,the Mayor andCity Commission oftheCityof South
Miami desire to accept the recommendations ofthe Planning Board.
NOW,THEREFORE,BEITRESOLVEDBYTHE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Minami Special Use:Public Hearing November 18,1997
Section 1,The applicant's request for a Special Use Permit,
as specified in Section 20-3.4 (B)(4)(b)ofthe Land Development
Code,in order to operate a "Restaurant,General,"which is to be
known as Minami Japanese Restaurant and which istobe located in
the WGR"General Retail zoning district,is hereby granted.
Section 2.This approval is subject to the following which
are conditions recommended by the South Miami Planning Board:
(1)that a six-foot high fence be erected along the second
half of the rear of the property,so that the entire back has
such a fence;
(2)that exhaust be emitted through the roof as opposed to
the side of the restaurant;
(3)that the disposal of garbage and trash be daily and that
steam cleaning be monthly;and,
(4)that curbing be installed as opposed to wheel stops for
vehicles parking in the back of the property.
Section 3.This approval is subject to the following which
are conditions recommended by the Planning &Zoning staff:
(1)that the rear delivery area is not to be used at any
time as an outdoor cleaning and/or preparation area;and,
(2)that six-foot wooden fencing is to be utilized for all
required screening.
Section 4.This approval is subject to and dependent upon
the restriction and limitation of the "Restaurant,General"use
to 582 0 Bird Road and as indicated on the submitted site plan.
Section 5.The City Manager may revoke this approval upon a
determination that any other portion of the property,legally
described herein,is being utilized for restaurant purposes,
including storage,food preparation,deliveries or any services
related to restaurant uses,which are not authorized and licensed
by the City of South Miami forthe subject property.
Section 6.The City Manager may revoke this approval upon a
determination that any other property is being utilized for
restaurant purposes,and such use is related to the subject
Minami Special Use:Public Hearing November 18,1997 2
Res.#246-97-10216 page 3
property,but such usehasnotbeen authorized and licensed by
the City of South Miami,including storage,food preparation,
deliveries or any other services related to this restaurant use,
Section 7.The City Manager shall have final approval and
authority over all matters regarding the determination ofthe
applicant's compliance withtheintentofthisresolution.
Section 8.This resolution shall take effect immediately
upon its adoption bythe affirmative voteof four members ofthe
City Commission.
PASSED AND ADOPTED this 18th day of November,1997.
ATTEST:
MjCZZ£)
CITY CLERK
READ AND APPROVED AS TO FORM:
?./£<£~//f-
PITY ATTORNEY
c:\...\reports \5820BirdRoadRes.doc
APPROVED:
COMMISSION VOTE:5_q
Mayor Price:Yea
Vice-Mayor Robaina:Yea
Commissioner 01iverosYea
YeaCommissionerYoung:
Commissioner Bethel:Yea
Minami Special Use:Public Hearing November 18,1997
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor andCity Commission
From:L.Dennis Whitt
City Manager
Date:November 12,1997
Agenda Item #
Re:Comm.Mtg.11/18/97
Minami Japanese Restaurant
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI.FLORIDA.
RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT,GENERAL."PURSUANT TO
SECTION 20-3.4(B)(4)(B)OFTHELAND DEVELOPMENT CODE,REGARDING THE PROPER1Y LOCATED AT
5820 BIRD ROAD.SOUTH MIAMI.FLORIDA 33155;PROVIDING FORA LEGAL DESCRIPTION:AND.
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
Theapplicant,MinamiJapanese Restaurant,isrequestingaspecialusepermitinordertooperate
a Restaurant,General at5820SW40Street.The previous useatthis location was Steak-Out
whichwasapprovedas &Restaurant,Convenience withdeliveryservice.TheproposedJapanese
restaurantwouldprovidetableservicefor60to65patronswithtake-outanddeliveryservices.
ThePlanningBoardvoted5:2torecommendapprovalwithconditions:(1)thata six-foot high
fencebeerectedalongthesecond half of therear of the property,so that the entire backhassuch
afence;(2)that exhaust be emitted through the roof as opposed tothe side of the restaurant;(3)
thatthedisposal of garbage andtrashbedailyandthatsteam cleaning be monthly;and,(4)that
curbing be installed as opposed towheelstopsforvehicles parking intheback of the property.
Pursuant to Section 4-2 of the City's Code of Ordinances,alcoholic beverages cannot be served
atthis location dueto single-family residences which are immediately adjacent tothe property.
RECOMMENDATION:Approval.
Attachments:
Resolution for Public Hearing and adoption
Staff Report by Planner Gregory J.Oravec
Copy of Section 4-2 Alcoholic Beverages
Letter of Intent from Property Owner
Letter of Intent from the Applicant
Reduction of the Proposed Interior Layout
Copy of the Sketch of Survey by Surveyor
Advertisement for Publication and Mailing
Mailing Area Map (500-foot mailing radius)
Letter from Dade County Public Schools
Excerpted PB Minutes of October 28,1997
Commission Advertisement (City Clerk)
City Manager's Report:MinamiJapaneseRestaurantSpecialUsePermit