14THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
VIA: Jane K. Tompkins, AICP, Planning Directo~
FROM: Steven Alexander, City Manager
DATE: July 12, 2017
SUBJECT:
Agenda Item No.: J 4
A Resolution relating to a Variance application to reduce the amount of required parking
spaces for a general restaurant located at 4000 SW 57 Avenue.
BACKGROUND:
Located in the General Retail "GR" zoning district, the applicant, Delicias de Espana is in the
process of expanding their busihess, an existing general restaurant use in the multi-tenant
building at 4000 SW 57 Avenue. With the expansion, the restaurant is taking over the spaces
formerly occupied by Allen Drugs and the S&S Diner. On March 7, 2017, the City Commission
adopted Resolution #048-17-14849, which granted special use approval for the expansion of
the general restaurant at the above listed location with the condition that there be resolution
of the shortage of fourteen (14) off-street parking spaces prior to the issuance of the Business
Tax Receipt.
REQUEST:
Delicias de Espana is requesting approval through Section 20-5.9(G)(7), of the Land
Development Code (LDC), Variance Approvals, to reduce the number of off-street parking
spaces for the general restaurant use as required by Section 20-4.4(B)(7) of the LDC.
ANALYSIS:
Pursuant to the Variance approvals, Section 20-5.9 of the LDC, a variance for off-street parking
can be reviewed and permitted by the City Commission at a public hearing, after a
recommendation by the Planning Board.
When reviewing the project, the following items are noted about the project:
• The building was constructed in 1946 and predates the off-street parking requirements of
the LDC. As such, the property is considered legal, non-conforming in this respect. However,
expansions of uses are required to provide off-street parking spaces.
• Delicias de Espana was previously approved as a general restaurant use on May 15, 2001 via
Resolution #68-01-11216.
• The proposed expansion will occupy the area where both Allen Drug Store and S&S Diner
were located.
Variance -Off-Street Parking 4000 SW 57 Avenue
July 12,2017
Page. 2 of5
• The existing one-story building is near similar restaurant uses to the north (Blue Sky Food by
the Pound, and Subway), residential properties to the south and to the east, and CVS
Pharmacy to the west.
• The attached Floor Plan indicates that the area of expansion has a ground floor square
footage of approximately 3,607 square feet and a second-floor square footage of
approximately 358 square feet.
• There is no on-site parking for this property. Parking spaces are provided in the right-of-way
along SW 4pt Street and SW 57 th Avenue.
As shown on the attached Building Plan, sheet Al.11, the applicant is renovating the now
vacant tenant space where both Allen Drugs and S&S Diner were previously located. Over time,
Delicias de Espana has evolved and now includes a restaurant, bakery, clothing store, and small
grocery store. As shown on the plans, the applicant will convert part of the existing storage to a
new bakery area and the existing diner and sales floor to the restaurant's dining area. At this
time, there are no plans to use the second-floor mezzanine space.
PARKING SPACE ANALYSIS
Pursuant to Resolution #68-01-11216, when the Special Use was granted, Staff performed a
parking analysis and determined that the restaurant would require twenty-one (21) spaces.
After giving credit for the previous use, a deli, Staff calculated that the property was still short
seven (7) spaces for the restaurant use. The property owner and City then negotiated a parking
agreement whereby parking spaces were created along SW 4pt Street, and the owner made a
monetary contribution towards those improvements. The contribution was equivalent to nine
(9) spaces, the seven (7) spaces needed for the restaurant and two (2) additional spaces for
future usage.
Prior to the expansion approved in 2017, the total amount of required parking spaces for the
subject building was as follows:
Previous Development Chart
Delicias de Espana Restaurant 2,034 21
Delicias de ana Retail Store 6,227.75 21
S&S Diner Restaurant 210
Retail 6
Twice Consi ment* Consignment Store 6
Doctor's Office* Doctor's Office
Variance -Off-Street Parking 4000 SW 57 Avenue
July 12, 2017
Page 3 DIS
Following approval of the restaurant expansion, the total amount of required parking spaces for
the subject building will be as follows:
Proposed Development Chart
Delicias de Es na Restaurant 6,686.30 67
Delicias de Espana Retail Store 5,267.14 18
Delicias de Espana Deli 273.31 2
Twice Cons nment* Con nment Store 547 6
Doctor's Office* Doctor's Office
*Note: The Twice Consignment Store and the Doctor's Office are not changing and are not
affected by this application.
The plans to expand the restaurant thus result in an increase in parking demand of sixteen (16)
spaces. After applying the parking agreement's credit of two spaces, the property is thus short
fourteen (14) spaces, which the applicant is trying to address via the Variance process.
Pursuant to Section 20-S.9(H} of the Land Development Code, all variance decisions shall be
based on an affirmative finding as to each of the following criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
Response: Because the building was built in 1946, it predates the parking space
requirements outlined in the LDC. Because the property is completely built out, it is
difficult to add additional off-street parking spaces on the site. However, the LDC
provides an alternate avenue for the applicant to mitigate the deficit in off-street
parking via a parking agreement with the City. Because of that, the variance request is
not necessary to relieve the particular extraordinary conditions relating t,o a specific
property.
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restriction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, confiscatory or unduly oppressive because of conditions of the property that
distinguish it from other properties under similar zoning restrictions;
Response: Denial of the application would not result in a hardship to the owner. As
indicated in Resolution #048-17-14849, the deficit in off-street parking can also be
Variance -Off-Street Parking 4000 SW 57 Avenue
July 12,2017
Page 4 0/5
addressed via annual payment into the City's Parking Fund pursuant to LDC Section 20-
4.4(A)(3) of the LDC.
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
Response: The existing structure encompasses the entire property with an alleyway at
the rear, which was permitted prior to the adoption of the City's LDC. The configuration
of the site leaves little to no room for the construction of any additional spaces on the
site and could be considered an extraordinary condition or circumstance. When the
restaurant originally received special use approval via Resolution #68-01-11216 in 2001,
the applicant mitigated the deficit in parking via payment to the City for the
construction of on-street parking spaces along SW 41 st Street. At this time, the applicant
is voluntarily electing to expand the restaurant into the adjacent vacant tenant spaces,
which triggered an increase in the required off-street parking and should be considered
a self-imposed hardship.
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
Response: The applicant's decision to expand the restaurant into the adjacent tenant
spaces triggered the increase in required parking for the property. If the tenant spaces
were occupied by another retail use with a less restrictive parking requirement, there
wouldn't be an increase in the required parking for the property and a parking
agreement or variance would not be required. Because of that, the requested variance
is not the minimum variance necessary to make possible the reasonable use of the land,
building or structure.
5. That the approval of the variance will be consistent with the general intent and
purpose of the Land Development Code, and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
Response: During the review of the Special Use permit application for the proposed
expansion, residents from the area spoke on the influx of vehicular traffic primarily
created by the applicant and how it has intruded into their lives. Reducing the parking
requirement would assist the business in their effort to provide a service to the
community, but could be injurious to the neighborhood or otherwise detrimental to the
quality of life and welfare of the surrounding public with the creation of additional
patrons and little to no room for the vehicles to be parked. The LDC provides other
options for mitigation that could possibly be used at some point in the future to expand
the existing on-street parking spaces' in the area. While the variance request is
consistent with the general intent and purpose of the Land Development Code, it would
be injurious to the neighborhood or otherwise detrimental to the public welfare.
Variance -Off-Street Parking 4000 SW 57 Avenue
July 12, 2017
PageS afS
PLANNING BOARD ACTION:
After the public hearing held at the Planning Board's June 13, 2017 meeting, the Board
recommended denial ofthe application with a vote of 3 to 2.
RECOMMENDATION:
Staff recommends denial of the variance application by the City Commission.
ATTACHMENTS:
• Application, dated April 27, 2017
• Letter of Intent w/Statement of Hardship
• Draft excerpt of Planning Board meeting minutes, dated June 13, 2017
• Resolution #048-17-14849
• Resolution #68-01-11216
• City of South Miami Off Street Parking Agreement, dated April 12, 2001
• Mailing Label Affidavit w/Location Map, dated AprilS, 2017
• Affidavit of Jerry Proctor (Notice of Applicant Mailout Affidavit), dated June 2,2017
• City Notice of Public Hearing
• Applicant Notice
• Legal Ad
• Boundary Survey
• Delicias de Espana Plans, prepared by Angel C. Saqui, FAIA
• Cover Page, Sheet AO.01
• Existing Building Plan, sheet Al.09
• Building Plan, sheet A1.11
• Floor Plan, sheet A1.12
• Square Footage Plan, sheet A1.13
• Restaurant Expansion Floor Plan, sheet A1.14
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RESOLUTION NO. _________ _
A Resolution relating to a Variance application to reduce the amount of
required parking spaces for a general restaurant located at 4000 SW 57
Avenue.
7 WHEREAS, on March 7, 2017, the City Commission adopted Resolution #048-17-
8 14849 which granted Special Use approval for the expansion of the existing general restaurant,
9 Delicias de Espafia, into adjacent tenant spaces located at 4000 SW 57 Avenue with the
10 condition that there be resolution of the shortage of fourteen (14) parking spaces prior to the
11 issuance of the Business Tax Receipt; and
12
13 WHEREAS, the applicant, Delicias de Espafia, submitted an application (number PB-17-
14 014) requesting a variance of Section 20-4.4(B)(7) of the Land Development Code (LDC) for a
15 reduction, of fourteen (14) required off-street parking spaces for a general restaurant located at
16 4000 SW 57 Avenue which is in the General Retail "GR" zoning district; and
17
18 WHEREAS, pursuant to Section 20-5.9 of the LDC, the approval ofa variance requires
19 a review by the Planning Board and a recommendation to approve, deny, or approve with
20 conditions, as well as the approval of the City Commission after a public hearing; and
21
22 WHEREAS, at its June 13, 2017 meeting, the Planning Board held a public hearing on
23 the application, considered each of the variance criterion listed in Section 20-5.9 of the LDC, and
24 voted three (3) to two (2) to recommend denial of the variance requested; and
25
26 WHEREAS, the Mayor and City Commission of the City of South Miami, having
27 considered each of the variance criterion listed in Section 20-5.9 of the LDC and having found
28 that those conditions have been met, desire to approve the application for the variance.
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1: The recitals set forth in this resolution are true and they are supported by
34 competent substantial evidence and they are incorporated into this resolution by reference as if
35 set forth in full herein.
36
37 Section 2. The application (number PB-17-014) submitted by Delicias de Espana
38 requesting to reduce the required off-street parking requirement from sixty-seven (67) spaces to
39 fifty-three (53) spaces, which is a reduction of fourteen (14) off-street parking spaces, for the
40 operation of a general restaurant within the GR zoning district located at 4000 SW 57 Avenue,
41 South Miami, Florida, is hereby approved.
42
43 Section 3. The approval of the requested variance includes, as an Exhibit to the Application,
44 the architectural plans signed and sealed by Angel C. Saqui II, AlA, dated April 25, 2017 for the
1 proposed expansion of the existing general restaurant located at 4000 SW 57 Avenue which is
2 incorporated herein by reference.
3
4 Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any
5 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
6 affect the validity of the remaining portions of this resolution.
7
8 Section 5. Effective Date. This resolution shall become effective immediately upon adoption
9 by vote of the City Commission.
10
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PASSED AND ADOPTED this ___ day of, _______ , 2017.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
City of South Miami
Planning & Zoning Department
City Hall. 6130 Sunset Drive. South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application/or Public Hearing Be/ore Planning Board & City Commission
Address of Subject Property: 4000 SW 57 Avenue Lot(s) Block Subdivision
PB
Meets & Bounds: See attached survey
Applicant: Delicias de Espana Phone: 305-669-4485
4016 SW 57 Avenue, Miami, Fl33155
Representative: Jerry B. Proctor, Esq. Organization: Bilzin Sum berg Baena Price & Axelrod
Address: 1450 Brickell Avenue, Suite 2300 Phone:3~350-2361
Miami, Fl 33131
n ....... I, II "
Property Owner: Matthews-Jacobs Investments LC Signature: ') -~ >tM4{. -. f~-yI{~ •
Mailing Address: PO Box 27878
J, iFlLl'l'rJJAT'fJ)Wf
Phone: 52~5333
Tucson, AZ 85726
ArchitectlEngineer: Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
x Owner: OWner's Re resentative Contract to urchase tion to urchase Tenant/lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMmED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
Text Amendment to LOC ~ Variance Letter of intent
_ Zoning Map Amendment _ Special Use = Justifications for change
_ PUD Approval _ Special Exception _ Statement of hardship
_ PUD Major Change _ Other (Waiver of Plat) _ Proof of ownership or letter from owner
~ Power of attorney
Briefly eXf!lain application and cite specific Code sections: _ Contract to purchase
See attached letter of intent _ Current survey (1 Original sealed and
signedl1 reduced copy @ 11" X 17")
_ 15 copies of Site Plan and Floor Plans
24 x 36", 1 reduced copy @ 11" x 17"
_ Affidavit-Receipts attesting to mail
notices sent
Section: --Subsection: _ Page #: __ Amended Date: __ _ Mailing labels (3 sets) and map
Required Fee{s} . The undersigned bas read tillS completed apphcation and represents that the tnfonnaton and all submitted matenals are true and
correct to the best of the applicant's knowledge and belief. , ..
. . ~/).7i~ ,4IJAI3EL LLERAIJJ), , , " o;~ /.:1.'7 /JDi)
'-'7'~~::;;=:2':'~r:7:~=~ Print Name .. Jt1 beha.1f Of '€rfJPs1b LIf/?1~l1 -Date, .• ' r J
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable registrations. Applications found not in compliance will be rejected and returned to the applicant
OFFICE USE ONLY:
Date Filed _____ _
Petition Required ~_~_
Method of Pa ent
MIAMI S38S34O.2 77832145109
Date of PB Hearing _____ _ Date of Commission _____ _
Petition Accepted ___ -:-__
Bilzin Sumberg
VIA HAND DELIVERY
Ms. Jane Tompkins, AICP
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re:· Application for Variance of Off-Street Parking Requirements
Applicant: Delicias de Espana
Property: 4000 S.W. 57 Avenue
Dear Ms. Tompkins:
Jerry B. Proctor
Tel 305-350-2361
Fax 305-351-2250
jproctor@bilzin.com
On behalf of Delicias de Espafia ("Applicant"), please accept this application for a
variance from the provisions of Section 20-5.9 of the Land Development Code of the City of
South Miami. The Property is located at the southwest corner of Bird Road (SW 40 Street) and
Red Road (SW 57 Avenue) and is zoned GR (General Retail).
Matthews-Jacobs, LC (the "Property Owner") received unanimous approval of the City
Commission on March ], 2017 of a Special Use for expansion of the existing "Delicias de
Espafia" facility (the "Restaurant") into the existing adjacent building space at the corner of Red
Road and Bird Road formerly occupied by the "S&S" restaurant and "Allen's" pharmacy. The
approving resolution held that the Restaurant expansion would constitute a public benefit, and
the City Commission agreed that the reactivation of the corner space within the building would
be compatible with the surrounding area. .
The Applicant hereby requests a variance, pursuant to Section 20-5.9 of the Land
Development Code, to permit the continued use of the existing retail building on the Property,
including the restaurant plans approved on March 7, with a parking requirement of 1 00 spaces
where 84 spaces were approved by past actions of the City Commission and by the fact that the
original "Allen's" building and retail use on the Property pre-dated the existence of the City of
South Miami Land Development Code.
The following facts are relevant in your consideration of this application:
MIAMI 5371610.2 77832/45109 1
Bilzin Sumberg Baena Price & Axelrod LLP 11450 Brickell Avenue, 23rd Floor, Miami, Florida 33131-3456
Tel 305.374.7580 I Fax 305.374,:7593 I bilzin.com
~~? Bilzin Sumberg
1. The building was built on the Property in 1946 and predates the City's Land
Development Regulations.
2. There are six (6) parking spaces adjacent to the Property on S.W. 5ih Avenue
(Red Road) that comply with Section 20.4.4(A); these spaces are not assigned or credited to
other properties, and are used by patrons of the businesses on the Property.
3. There are approximately 42parking spaces west of the Property on the north side
of/S.W. 41 Street that are also not assigned or credited to other properties and are also used by
patrons of the businesses on the Property. The Property Owner paid $25,575 toward the
improvement of this parking area in 2001.
4. The Applicant presented testimony at the February 14, 2017 Planning Board
hearing and the March 7,2017 City Commission hearing that the number of restaurant seats was
decreasing from the approximately 173 existing Delicias de Espana and former S&S Diner seats
to approximately 147 seats, proposed for the renovation and expansion of the Delicias de Espana
Restaurant approved by "Special Use" by unanimous vote of the City Commission on March 7,
2017.
Please also consider the following facts:
(a) The variance is necessary to relieve particular extraordinary conditions
relating to this specific property. The Property's development predates the Land Development
Code. Section 20-1.11 of the Land Development Code provides that "this Code shall be in full
force and effect from and after its passage, the effective date being October 26, 1989." The
Property, along with its iconic building, have been used for commercial purposes for over 70
years.
(b) Denial of the variance would result in hardship to the Property Owner and
Applicant. The Land Development Code in the GR (General Retail) district does not offer the
same treatment of parking regulations for restaurants as the Hometown District. The Hometown
District recognizes the design benefits of on-street, shared parking and does not require parking
allocation for kitchen and other restaurant spaces not accessible to the public. The development
of the Property and the surrounding area follows the same principles as the "Hometown" area; no
parking on site, with shared on-street and/or municipal parking facilities in the vicinity to serve
commercial patrons.
(c) The extraordinary conditions and circumstances do not result from the
actions of the applicant. The application of "suburban" parking regulations on an urban
commercial design and operation do not result from actions of the Applicant. Since the original
development of the Property, the adjacent roadways (Red Road and Bird Road) have been
widened through actions by government agencies, not the Property Owner, further limiting the
parking options for the Property.
(d) The requested variance is the mInImUm variance necessary to make
possible the reasonable use of the land, building and structure. Expanding one use within the
building on the Property (the Restaurant) creates an impact that is less than multiple demands
with different employees, hours of operation, delivery demands, etc., and the number of
MIAMI 5371610.2 77832/45109 2
~'Bilzin Sumberg
restaurant seats is decreasing. The non-conforming structure on the property has not been
increased in size since it was constructed in 1946.
(e) That the approval of the variance will be consistent with the general intent
and purpose of the Land Development Code, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare. The unanimous approval of the "Special Use,"
including staff's supporting recommendation, provided the necessary compatibility elements for
the modification of the commercial space to accommodate the Restaurant.
Thank you for your consideration of this application.
Sincerely,
~~~ .;;f{t~ .:;./' -,6?r~
;~ Jerry . Proctor
JBP: id
c: JefreyMatthews
Cristina Llerandi
MIAMI 5371610.2 77832/45109 3
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, June 13, 2017
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommenda with the city, including the
city manager, city attorney, department heads, city personnel, or the city commission or members oj
any city board, concerning a matter that could foreseeably be city commission or a city board. There
are some exceptions and exemptions. The following are be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present information at public meetings,
representatives of a neighborhood association without of a not-for-profit
community based organization for the purpose of
compensation.
Individuals who wish to view or listen
meeting can be found on the city's
I. Call to Order
II. Roll Call
..... "' .• n ..... of the
Palmer (Vice ChairwomanL Ms. Fischer, Dr.
(Planning Director) and Mr. Marcus Lightfoot {Senior
City Staff Absent:
City Attorney: Mr. Thomas Pepe
III. Administrative Matters
None at this Time
IV. Public Hearings
1
1. PB-17-014
Applicant: Delicias de Espana
A Resolution relating to a Variance application to reduce the amount of required parking
spaces for a general restaurant located at 4000 SW 57 Avenue.
Applicant: Jerry Proctor (Legal Counsel)
Ms. Fischer read PB-17-014 into the record.
Mr. Lightfoot presented the staff report for PB-17-014.
Mr. Proctor presented the project to the Board. Mr.
and continued his presentation.
Board member Emily Glavey arrived at 7:32 P.ly!.
Dr. Philips asked if the parking space Cq!Qill~tl~ns were done
Hometown District. Mr. Proctor resporia~~:that he does not
moment. Mr. Proctor then stated that h~;f~lol,.Jld be happy to
continues. ".:~ >:;:";':".: ,,:;::P:'·j;i:·::,·,
"-:";:, ':";;j.. . ......... :::.:';' .... ,
documents to the Board
property was in the
W~",Tn:>T information at the
'.' ..... ";. " :::.::. ,(;::~:;;~:J)t\:){··
Dr. ,Palmer asked if the parkiigl~~~';:?9?reSSed'~~\l~'{:'1ime of the restaurant expansion. Mr.
Proctor stated that Staff addres~~p"tfi~\p~rking by'W~y!;pf a condition on the Special Use
resolution.'\\ '·iXI,\~<." \;'1~:i> : , ... <\ \~~t·.;·· .; ... :::;:;:.::.::;< ....
Dr. PhiliPSaSkE:!Q;~h~~~H?~~q~are foot~~~ .. Of~I1~!i~~~~h~rr~rea·~~s. Mr. Proctor responded that
the restaurant.;n~~the foll~Wf6g square fqQ!~g~S~" <i\~';,:};.
"'\.:.::", X :.:>'.~.: ;'~~:::.j::::':< ", .... ,: ",::.~ . . ,; ....... ;.-... ,.., ""\/:;>\;, ,1~iii~~~~\1E.,;;;g~t!~\i";';~*~
i .. ----.. ....•..•..• '_. :'.:=_>::_;':, , ''';: .:?~?::> <:\¥ :\~\;if" ":':':~::Bk;\}\: "\~>~:::::"
MfJiproctor then st~t~a:that thJ~'lQtal non-patron square footage was approximately 3,700 S.F.
"\~::~~:{~t:':· ',{,':: ::':::~'" "":::} ":::::}:::::"" whiCh?§~pproximately2.q~ of the'Q4Uping.
:";;~:,:",:,<':. '. :::':;:
';:::!::j::;(l:r~:t::.:: '1}:~~~f;\ .
Dr. PhilipsstC!ted that if :this property were in the Hometown District, the non-patron area ":::<~~~~y: "", "~-:>f ':':"::
described w6Ul~t:~quatet~~.liirteen (13) parking spaces. When thought as patron area, it would
equal thirty-eigHt:;l~~)f~~tking spaces. The difference would be fifteen spaces. Mr. Proctor
responded that the;d!ff~~~ce would be twenty-five (25) spaces instead of fifteen (15).
The Vice-Chairwoman opened the floor to public comments on PB-17-014 .
• Alicia Menendez -Oppose
The Vice Chairwoman closed the floor to public comments on PB-17-014.
Ms. Fischer stated that she is 100% in agreement with the recommendation of staff. There is
already a problem with parking in the area, and the restaurant expansion will on increase the
2
problem. This is a self-imposed hardship that could be avoided by not expanding the restaurant
portion of the business.
Dr. Philips stated that if this business were in the Hometown District, there wouldn't be an issue
with parking. She then stated that she doesn't see why it couldn't be approved when there are
so many parking spaces allocated towards just the non-patron area in the restaurant. Dr. Philips
then stated that the variance application should be approved. The same standards that are
applied to the Hometown District should be applied to this property as well.
Ms. Fischer stated that whenever an exception is approved in the Hometown District, the
argument that the area is very walkable is always men . The situation in the area where
the applicant is located is different. There are consta ng issues with the building and
individuals state that it is an enforcement issue. The . uld not have to enforce issues like
the ones that occur in this part of the City. Beca nt from the Hometown District
and the decisions cannot be the same.
Ms. Glavey asked if the City is looki '5/j.'~Nii11~.t::"
LDC/Comp Plan Rewrite. Mrs. Tompkins ...
related to parking, not just the standa ..... .
vacant tenant spaces at the moment. This ap>
that is asking for something dn't be a .
Board should do whatever it
progressive and
sidewalks.
irements as part of the
at all the regulations
City has a lot of
u",u"",,, in South Miami
rr .. o'rnu,n District. The
must remember that area.
I;fi'i'kiii··"·· .•• been diminished due to the issues
. She then stated that she agrees with staff's
motion was seconded by Dr. Palmer.
3
RESOLUTION NO. 048-17-14849
A Resolution relating to a Special Use application to permit a General
Restaurant use at 4000 SW 57th Avenue.
WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Matthews-Jacobs Investments, LLC, submitted Application No. PB-17-002 to the
. Planning Board requesting a Special Use Approval to operate a general restaurant at 4000 SW
57th Avenue, within the General Retail "GR" zoning district; and .
WHEREAS, the applicant operates an existing restaurant in the building and proposes to
expand the operations into the tenant space formerly occupied by Allen Drugs and S&S Diner;
and
WHEREAS, restaurants are permitted as a special use within the General Retail "GR"
zoning district and are subject to meeting the general conditions specified in LDC Section 20-5.8
and subject to meeting the speci~l use requirements set forth in LDC Section 20-3.4(B)(4)(b) for
a general restaurant; and
WHEREAS, the applicant's restaurant special use meets the special use requirements set
forth in LDC Section 20-3.4(B)(4)(b) which are:
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.
11. No services of a drive-in or of a fast food nature shall be permitted.
lll. The City Commission shall review and recommend approval, disapproval or
modification of all site plans and project specifications for this special use permit; and
WHEREAS, the Planning and Zoning Department has detennined that the applicant's
restaurant special use does not meet the parking requirements for the General Retail "GR" zoning
district and the shortfall must be addressed; 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 the February 14,2017 Planning Board meeting, and following a public
hearing, the Board reviewed application PB-17 -002 and voted five (5) ayes, one (1) nay to
recommend approval of the request for a special use to operate a restaurant with conditions; and
WHEREAS, the City Commission desires 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:
Pg. 2 of Res. No. 048-17-14849
Section 1: Special Use Application (PB-17-002) submitted by applicant Matthews-
Jacobs Investments, LLC to operate a general restaurant at 4000 SW 57tiJ Avenue, within the
General Retail "GR" , zoning district is hereby approved. This approval is subject to the
foil owing terms and conditions as well as all applicable City ordinances, codes, rules and
regulations:
1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b) General
Restaurant and Section 20-5.8 Special Use Approval ofthe Land Development Code;
2. Resolution of the shortage of fourteen (14) parking spaces prior to the issuance of the
Business Tax Receipt;
3. The approved special use shall lapse after six (6) months if no master building permit
which implements the special use or certificate of occupancy has been issued for such use
and if the City Commission has not specified a longer approval period for good cause.
4. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2)
Outdoor Seating / Dining for all commercial Properties, of the Land Development Code;
5. If required by the Code, any and all exterior renovations or modifications for the new
establishment may be subject to approval by the ERPB, to the extent provided in the
Land Development Code;
6 .. The restaurant shall not operate nor shall deliveries be received between the hours of
10:00 p.m. and 6:00 a.m.
7. If the subject 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.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court 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 7 th day of, _M_a_r_c_h _____ , 2017.
APPROVED:
f4lp~
Pg. 3 of Res. No. 048-17-14849
CITY CLERK MAYOR
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
~J , .~
RESOLun9N NO. 68-01-11216
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE· CITY OF
SOU.TH MIAMI, RELA1:ING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAN.D DEVELOPMENT CODE FOR A SPECIAL USE·
APPROVAL TO LOCATE AGENERAL RESTAURANT "DELICIAS de ESPANA" IN
THE"GR'" GENERAL RETAIL·ZONING DISTRICT SPECIFICALLY LOCATED AT
4016 AND 4020 SW 57 th AVENUE. '
WHEREAS, Emesto Llerandi on behalf of "Delicias de Espana has submitted an application f0r a
special use to ~lIow a general restaurant to be located in the "GR" General Retail District Zoning District
specificallyat 4016 and 4020 SW 57 th Avenue; and . .. . .
" ,"
WHEREAS, a general restaurant is allowed as a special use in the "GR" General Retail District
Zoning District subject to meeting certain conditions specified in Land Development Code Section 20-
3.4(B)( 4)(b);and
WHEREAS, the approval of a special use requires a recommenda.tion from the Planning Board
. and the approval ofthe City Commission after a public hearing; and
WHEREAS, the Planning Department staff has recommended approval of the special use request
subject to certain conditions; and
WHEREAS, on April 24, 2001 ·the Plamiing Board, after public hearing, voted (4-3) to
recommend denial 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 Department staff, as specified below; .
NOW, THEREFORE, BE IT RESOLVED.i3Y THE MAYOR AND CITY COMMISSION·OF ...
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That an application for special use to, allow a g.eneral restaurant to be located in the
"GR" General Retail· District Zoning District speciflcal1y at 4016 and 4020 SW S7 1h. Avenue;· is hereby.
approved subject to the following conditions: .
...
1) That the establishment be gi~en a conditional :Occupancy License, Wltil the parking
agre~ment· is paid· off in full. The.. Qqcupational License shall be revocable in the event
that the parking agreement is not paid in full. . ,.
Page 2 of Res. No. 68-01-11216
Section 2: This res0lution :shan be. effective :immediately after the adoption, herem .
PASSED AND ADOPTED tbis l5> day of May, 2001.
READ AND .APPROVED A.S TO fORM:
.. ~.
·Commission Vote:
. lvIayorRo})aina:
.' ....
Vice Mayor .Felit!
Commissioner Beth~l:
Commissioner RtlSSell
C:oll1lUissi{}n~r Wisconibe:
4-0
Yea
Yea
Yea
Yea
Not present
CITY OF SOUTH MIAMI
OFF STREET PARKING AGREEMENT
r A~ THIS AGREEMENT made and entered into ~h.iS J2'~ day of
. , 2001, by and between Matt.hews-Jacobs InveEftments,
L •. , a Florida Limited Liabl.l~ty Cgmpany, herel.nafter referred to
as the "Owner" and the City of South Miami, a pO,litical subdivisio:r;t
of the Corrnnonwealth of Florida, hereinafter r~ferr.~ t-o as the l1Cityll: ' '". ,,'.
",
WHEREAS, the Owner owns a certain parcel ;'f ).anci"'locp.ted
in .the City at 4000 through 4040A S.W. 57th Avenue, referred to as
the "'Property" i and
WHEREAS, a restaurant, "Delicias de Espana" is currently
being operated within the property at 4016 S.W. 51th Avenue without
the.South Mlami Development Code (Code) required seven (7) parking
spacesj and
'WHEREASi Section 20-4.4 of the Code provides that all
structures and uses which are' erected, established or enlarged
shall provide adequate off-street parkin~ spaces and control
mechanisms for onsite vehicular and pedestr~an traffic. . .
WHEREAS, Section 20-4.4(A) (2) of the Code provides for
the improvement of adj acent rights' of way in commercial· zonins
. districts as a means for obtaining a credit for on-street parking
spaces; and '
WHEREAS, the Ci ty has determined that a payment· of
twenty-five thousand five hundred and seventy-five dollars
($25,575.00) ·paid to the City for the improvement of the parkins
areq on 41st Street shall be sufficient to allow Owner to meet the
current code requirements of seven (7) 6ff-street· parking spaces
for Delicias de Espana J s current needs plus a two (2) parking space
additional "code-required parking" credit, yet to be specifically
assig:ned to any: pa.rt~qular.tenant wit.hin Owner' s, prop~.;r:~Yi ,9.n,d .. '
WHEREAS, the Owner agrees to tender the required
aqcording to the following payment schedule:
$5,000
$5,000
$9 r 975
$5,600
Immediately upon execution of this Agreement;
by July 15, 2001;
by February 15, 2002; and
: by May 1, 2002.
i:tow, THEREFORE, THIS AGREEMENT WITNESSETH: That for and
in consideration of the promises and the covenants and agreements
herein contained, the parties hereto agree as follows.: .
. 1. The City agrees that, upon proper execution of this
Agreement .by the Owner' and receipt of payment in the amount of
$25,575.00 (according to the payment schedule above) . and ...... ..!
··~~i~\
..........
fulfillment of all other.. Code requirements, it will provide Owner
with a credit of nine (9) on-street parkins spaces.
2. The credit of nine parking spaces is for purposes
of· zoning required parking only. No representation is made by the
City as to the actual disposition of said spaces, i.e. whether
these spaces are ·meteredj or can be reserved for particular
. properties .or establishments. .,
3. The City agrees that on-street parking credits
shal~ run with the Property ..
4. It is mutually understood and agreed that the Owner
shall comply with all relevant laws and regulations.
5 . This Agreement shall be binding upon the Owner .. and
the Ownerl~·_successots and assigns and upon the City of South Miami
and the City',s successor:s. and assign·s. ' . . .
. IN WITNESS WHEREOF I the parties hereto have affixed their
signatures and seals: . "
OWNER:
. MATTHEWS-JACOBS INVESTMENTS, L.C.
(a Florida Limited Liability Company)
CITY OF SOUTH MIAMI
C·ity Manager
Approved as to form:
..... "
public notification packages I lists of property owners within a specific radius + radius maps + mailing labels
rdrmiamLcom I diana@rdrmiami.com I 305.498.1614
April 5, 2017
City of South Miami
Re: Property Owners List within 500 feet of:
SUBJECT: 4000 SW 57 Avenue, South Miami, FL. 33155
FOLIO NUMBER: 09-4024-006-0050
LEGAL DESCRIPTION: WESTERFIELD MANOR SEC 1 & 2 PB 18-47 LOTS 11 THRU 14 INC
lESS E10FT & N20FT FOR RIW BlK 2 & 15FT ALLEY lYG W & ADJ CLOSED PER ORD-33 92-
1527 & ORD 31-13-2178 OR18675-1827&48/19076-3380 0300 5
This is to certify that the attached ownership list, map and mailing labels are a complete and
accurate representation of the real estate property and property owners within 500 feet radius of
the external boundaries of the subject property listed above, including the subject property. This
reflects the most current records on the file in Miami-Dade County Property Appraisers' Office.
Sincerely,
Rio Development Resources, LLC
Diana B. Rio
Total number of property owners without repetition: 91
Abutting. or contiguous, property owners are listed in BLUE
Rio Development Resources, LLC ("RDR') has used its best efforts in collecting the information published in this report and the
findings contained in the report are based solely and exclusively on information provided by you and information gathered from
public records and that local government. By acceptance of this report, you agree to hold RDR harmless and indemnify RDR from
any and all losses, damages, liabilities and expenses which can be claimed against RDR caused by or related to this report.
public notification packages I lists of property owners within a specific radius + radius maps + mailing labels
www.rdrmiamLcom I diana@rdrmiamLcom I 305.498.1614
500' RADIUS MAP
1--L_~I __ -SW40TH ~ ___ -tr-,--w9N
SUBJECT: 4000 SW 57 Avenue, South Miami, FL. 33155
FOLIO NUMBER: 09-4024-006-0050
LEGAL DESCRIPTION: WESTERFIELD MANOR SEC 1 & 2 PB 18-47 LOTS 11 THRU 14 INC
LESS E10FT & N20FT FOR RfW BLK 2 & 15FT ALLEY LYG W & ADJ CLOSED PER ORD-33 92-
1527 & ORO 31-13-2178 OR18675-1827&48/19076-3380 0300 5
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Planning and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663-6326; Fax #: (305) 668-7335
On Tuesday, June 13, 2017 at 7:00 P.M., the City of South Miami's Planning Board will
conduct a public hearing in the City Commission Chambers at the above address on the
following item:
1. PB-17-014
. Applicant: Delicias de Espana
A Resolution relating to a Variance application to reduce the amount of required
parking spaces for a general restaurant located at 4000 SW 57 Avenue.
5701
SW40THST
~ 4001 ~ ~ ,.L It ~ ~ ~ '"
-I 40n
57114 ::t
~ <Ifl21 i It. ~ i m t8 '"
SW 41ST ST
1545
573B 571D 4100
5756 5742
1540
5711
All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or
filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission
whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked
to contact the Planning and Zoning Department by caJling 305-663-6326 or writing to the address indicated above ..
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, and for such purpose may need to ensure that
a verbatim record ofthe proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based (F.S. 286.0105). Refer to hearing number when making any inquiry.
AFFIDAVIT OF JERRY PROCTOR
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Personally appeared before me, the undersigned authority, duly authorized to take
acknowledgments and administet oaths, Jerry Proctor, who upon first being duly, sworn and
cautioned, deposes and states:
1. My name is Jerry Proctor. I am a resident of Miami-Dade County, Florida. I ani over
the age of 18. I am free from disabilities and impairments, both legal and physical,
which would prevent me from being able to testify truthfully. The matters set forth in
this affidavit are based upon my own personal knowledge and pledges.
2. I am the attorney representing Matthews-Jacobs Investments, LC, owner of property
located at 4000 SW 57 Avenue in the City of South Miami, Florida (hereinafter the
"Property").
3. On June 2,2017, in accordance with City of South Miami requirements, I mailed or
caused to have mailed notices advising property owners within 500 feet of the
Property of the pending Variance application at the City of South Miami relating to
the Property.
FURTHER AFFIANT SA YETH NAUGHT. ~
. ~~
STATE OF FLORIDA)
~erryPrQ or
) SS:
MIAMI-DADE COUNTY )
. @J
The foregoing instrument was acknowledged before me this ~IR day of~ne, 2017, by
Jerry Proctor. He is personally known to me.
My Commission Expires:
b,", I", (.;JOIC,
MIAMI 5317126.1 77832/45109
Sign Name:
Print Name: J)e..jOfC-S ,4. m; J I~
NOTARY PUBLIC
Serial No. (none, ifbJank): ________ _
Page 1 of 1
[NOTARIAL SEAL] ___ _
#' '''f.._ Notary Public State of FlorIda r"J ~ Delores A Miller ~~ 11 My Commission FF 243147
~o, ... '-Explre~ n7/31/2019
Jerry B. Proctor, P.A.
May 16, 2017
To Whom It May Concern:
Re: Delicias de Espana Zoning Application
Delicias de Espana has filed a zoning application to the City of South
Miami regarding property at 4000 SW 57 Avenue, the southwest comer
of Red Road and Bird Road. The attached letter of intent provides
additional information.
I may be reached at (305)779-2924 if you have questions. Prior to the
City Commission hearing regarding this application, the City of South
Miami will provide additional notice.
Sincerely,
~~ ~~~ (. ~roctor, P.A.
Jerry B. Proctor
President
9130 S. DADELAND BLVD., SUITE 1700, MIAMI, FL 33156
305.779.2924 JPROCTOR@PROCTORPA.COM
VIA HAND DELIVERY
Ms. Jane Tompkins, AICP
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Application for Variance of Off-Street Parking Requirements
Applicant: Delicias de Espana
Property: 4000 S.W. 57 Avenue
Dear Ms. Tompkins:
C~ Bilzin Sumberg
Jerry B. Proctor
Tel 305-350-2361
Fax 305-351·2250
jproctor@bilzin.com
On behalf of Delicias de Espana ("Applicant"), please accept this application for a
variance from the provisions of Section 20-5.9 of the Land Development Code of the City of
South Miami. The Property is located at the southwest comer of Bird Road (SW 40 Street) and
Red Road (SW 57 Avenue) and is zoned GR (General Retail).
Matthews-J acobs, LC (the "Property Owner") received unanimous approval of the City
Commission on March 7, 2017 of a Special Use for expansion of the existing "Delicias de
. Espana" facility (the "Restaurant") into the existing adjacent building space at the corner of Red
Road and Bird Road formerly occupied by the "S&S" restaurant and "Allen's" pharmacy. The
approving resolution held that the Restaurant expansion would constitute a public benefit, and
the City Commission agreed that the reactivation of the comer space within the building would
be compatible with the surrounding area.
The Applicant hereby requests a variance, pursuant to Section 20-5.9 of the Land
Development Code, to permit the continued use of the existing retail building on the Property,
including the restaurant plans approved on March 7, with a parking requirement of 100 spaces
where 84 spaces were approved by past actions of the City Commission and by the fact that the
original "Allen's" building and retail use on the Property pre-dated the existence of the City of
South Miami Land Development Code.
The following facts are relevant in your consideration of this application:
MIAMI 5371610.2 77832/45109 1
C~ Bilzin Sumberg
1. The building was built on the Property in 1946 and predates the City's Land
Development Regulations.
2. There are six (6) parking spaces adjacent to the Property on S.W. 5ih Avenue
(Red Road) that comply with Section 20AA(A); these spaces are not assigned or credited to
other properties, and are used by patrons of the businesses on the Property.
3. There are approximately 42parking spaces west of the Property on the north side
of S.W. 41 Street that are also not assigned or credited to other properties and are also used by
patrons of the businesses on the Property. The Property Owner paid $25,575 toward the
improvement of this parking area in 2001.
4. The Applicant presented testimony at the February 14, 2017 Planning Board
hearing and the March 7, 2017 City Commission hearing that the number of restaurant seats was
decreasing from the approximately 173 existing Delicias de Espana and former S&S Diner seats
to approximately 147 seats, proposed for the renovation and expansion of the Delicias de Espana
Restaurant approved by "Special Use" by unanimous vote of the City Commission on March 7,
2017.
Please also consider the following facts:
(a) The variance is necessary to relieve particular extraordinary conditions
relating to this specific property. The Property's development predates the Land Development
Code. Section 20-1.11 of the Land Development Code provides that "this Code shall be in full
force and effect from and after its passage, the effective date being October 26, 1989." The
Property, along with its iconic building, have been used for commercial purposes for over 70
years.
(b) Denial of the variance would result in hardship to the Property Owner and
Applicant. The Land Development Code in the GR (General Retail) district does not offer the
sarD:e treatment of parking regulations for restaurants as the Hometown District. The Hometown
District recognizes the design benefits of on-street, shared parking and does not require parking
allocation for kitchen and other restaurant spaces not accessible to the pUblic. The development
of the Property and the surrounding area follows the same principles as the "Hometown" area; no
parking on site, with shared on-street and/or municipal parking facilities in the vicinity to serve
commercial patrons.
(c) The extraordinary conditions _ and circumstances do not result from the
actions of the applicant. The application of "suburban" parking regulations on an urban
commercial design and operation do not result from actions of the Applicant. Since the original
deyelopment of the Property, the adjacent roadways (Red Road and Bird Road) have been
widened through actions by government agencies, not the Property Owner, further limiting the
parking options for the Property.
(d) The requested variance is the mlmmum variance necessary to make
possible the reasonable use of the land, building and structure. Expanding one use within the
building on the Property (the Restaurant) creates an impact that is less than multiple demands
with different employees, hours of operation, delivery demands, etc., and the number of
MIAMI 5371610.2 77832/45109 2
C~ Bilzin Sumberg
restaurant seats is decreasing. The non-conforming structure on the property has not been
increased in size since it was constructed in 1946.
(e) That the approval of the variance will be consistent with the general intent
and purpose of the Land Development Code, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare. The unanimous approval of the "Special Use,"
including staffs supporting recommendation, provided the necessary compatibility elements for
the modification of the commercial space to accommodate the Restaurant.
Thank you for your consideration of this application.
JEP: id
c: Jefrey Matthews
Cristina Llerandi
MIAMI 5371610.2 77832/45109
Sincerely,
3
City of South Miami
Pial!JlIming & Zoning Department
City HaIl, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application/or Public Hearing Be/ore Planning Board & City Commission
Address of Subject Property: 4000 SW 57 Avenue Lot(s) Block Subdivision
pe·
Meets & Bounds: See attached survey
Applicant: Delicias de Espana Phone: 305-669-4485
4016 SW 57 Avenue, Miami, FL 33155
Representative: Jerry B. Proctor, Esq. Organization: Bilzin Sum berg Baena Price & Axelrod
Address: 1450 Brickell Avenue, Suite 2300 Phone: 305-350-2361
Miami, FL 33131
...-1.. ~ f',. fi n
Property Owner: Matthews-Jacobs Investments LC Signature: 'j. ~0e) ~A-lL . r~. y~", .
Mailing Address: PO Box 27878
J, i.FIl.t:1{ 'rJJA'T'rJ)W,>
Phone: 520-444-5333
Tucson, AZ 85726
Architect/Engineer: Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
x Owner: Owner's Re resentative Contract to urchase . 0 tion to urchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITIEO MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC _x_ Variance Letter of intent -= Justifications for change _ Zoning Map Amendment _ Special Use
_ PUD Approval _ Special Exception _ Statement of hardship
_ PUD Major Change _ Other (Waiver of Plat) _ Proof of ownership or letter from owner
~ Power of attorney
Briefly explain application and cite specific Code sections: _ Contract to purchase
See attached letter of intent _ Current survey (1 original sealed and
signed/1 reduced copy @ 11" x 17")
_ 15 copies of Site Plan and Floor Plans
24 x 36", 1 reduced copy@ 11" x 17"
_ Affidavit-Receipts attesting to mail
notices sent
Section: --Subsection: __ Page #: __ Amended Date: __ _ Mailing labels (3 sets) and map
ReQuired Fee(s)
The undersIgned has read thIS completed apphcatlon and represents that the tnfonnatlOn and all submItted matenals are true and
correct to the best of the applicant's knowledge and belief.
Applicant's Signature and title Print Name Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable registrations. Applications found not in compliance will be rejected and returned to the applicant
OFFICE USE ONLY:
Date Filed _____ _ Date of PB Hearing _____ _ Date of Commission _____ _
Petition Required ~ __ _
Method of Pa ment
Petition Accepted _____ _
MIAM15385340.277832/45109
MIAMI DAILY BUSINESS REVIEW ,
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI,DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that. he· or· she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
f/k/a Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement:
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-PB-17-014 APPLICANT: DELICIAS DE
ESPANA-ETC
in the XXXX Court,
was published in said newspaper in the issues of
06/02/2017
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade Courity, Florida and that the ·said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade Coun·ty,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
corporation any discount, rebate, commission
purpose securing this advertisement for
2 ,AD. 2017 # ~~
(SEAL)
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
. Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business· Review
flk/a Miami Review, a daily (exc:ept Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being. a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-MEETING DATE CHANGE -JULY 12,
2017
in the XXXX Court,
was published in /laid newspaper in the issues of
06/30/2017
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been cqntinuously published in said Miami-Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any. discount, rebate, commission
or refund for the advertisement for
(SEAL)
MARIA MESA personally known to me
SUNDAY JULY 22017
MIAMIHERALD.COM NEIGHBORS
*********** ~~HAPPY~
CITY OF SOUTH MIAMI
COURTESY NOTICE FOURTH of JULY
(MEETING DATE CHANGEI
NOTICE IS HEREBY given that th~ City C(1mmi$~on of the City of South Miami. Florida will conduct
Puhlic Hearing(~) at its regular City Commi);sion meeting scheduled for Wedne .... day July 12 2fll7. heginning at
7:00 p.m .. in the City C,)mmh;sinn Ch~unbers. (131) Sunset Drive, to consider the folh1wing item\s}:
A RCS{ltUtioll authorizing the City Manager to enter into a multi-ycar contract for citywide phone service
\.\llh WindstrC<lIIl for a tCImllot h) exceed five (5) consecutive years.
A Resolution lluthoriLing thc City !vJanagcr to cx.cculc a fhe (5) year lntcrlocal Agreement with
Miami-Dild .. ' Countv /.Iud Cn-Pennittccs of I~ Nrttional Pollul?..nl Dischar~' Elimination System (NPDES)
pcrnlit program for ·pollution monitoring. ~.
A Resolution :1.uthoriling lh~ City l\'lanag~r to award a ()n~ (1) year contract with on (lptlon-lo-renew for
four (4.), one (1) y"ar p~riods to GNoler Mi<lmi C3t~rers, Inc. (hOMe") for th~ City's senior progrmll
weekend delh-cry m .... o] service.
,\. i{l:'solurion :Iuthoriling th~ City M~-lnag:er to negotiate and tn I:'nter intl)'l threl! (3) YI;!;tr u,b7J.·C'l;!ment with;m
,'plinn 10 renew for.m adJitionailwo ye:us with M:linguy Lunds .... :.tpc Services, Inc. for landscaping: s .. ~vic~s
for p(lrk. ... amI public right-(,f-way ar .... m; within the City.
IA RC<;(llurion relating. to :.t Varian.::c applicatioIl to redut'c thc amnunt of required parking sp:tt'CS for a\
\feneral rc:;;taur:mllocatcd at 4000 SW 57 Avcnuc, J
A R .. ~~mlution rd~lting to a Spedal Usc application ro permit:\ General RCl)t:tunmt usC' at 5738 Sun-::.et Drive.
A R~soIU!ion relaling to a Spt.'Cial LIse application to pennit <t General Rcstaur.mt us~ at 7316 SW
57 Avenue.
ALL intt'ft'!::.ted panit"~ are invited to attend and will ~ heard.
For further information. plem:£' contact the City Clerk':> Office at: 305-663-6340.
Maria 1'1:1. l'l:lenendez, CMC
City Clerk
Pursuant to Florida Statutes 2S6.0105, the City hereby advises the public thol ir a perst)ll decides to appeal any decision
mode by this Board. Agency or Commission ""ith respect to any maller cOIl:;idered at it:-meeting or heoring. he or !'.he wilJ
need a f0COro of the prOCt.."e'dings, and thaI [or su.:h purpose. affecll>d person may n~ed [0 ensure that a "erbatim record of the
proct"e'dings is made which record include!'. the It':.timony ond evid .. '"llce upon which the appeal is to he ha:.t'd.
EDElMAN
FINANCIAL PLANNING
Wednesday, July 12
Aventura, FL
1 p.m. & 7 p.m.
SlS/individual • S2S/couple
Seats are limited, so reserve yours today!
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or call 866-PLAN-EFS (866-752-6337).
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want, with no surprises
Advisory services offered through Edelman Financial Services, LLC. Securities offered through EF Legacy Securities, LLC,
an affiliated broker/dealer, member FINRAISIPC. Life, long-term disability, long-term care or other nonvariable insurance
products offered through EFS and Edelman Insurance Services LLC in California, license no. OG00750. Variable insurance
products offered through EFLS and EF Legacy Insurance Agency LLCin California, license no. OL01472.
I 255E
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DRAWI'tti I>FOI'l1ATIG>I i5EF1CT& TO _ ElE5T OF MY ~ AND ea/EF AN ACOJRAlE _ATIG>I OF 1HE EXIST'" AND FROFOSED FIELD CG>ID1T1bN5: AU. SW5EGIENT WOFl< GENERAlED "'1' OTI£l<5' 6A5ED G>I lHI5
! I i g!! l> i ~ANGEL C. SAQUI, FAIA
'.. iii ~ ;;I ARCHITECTS PLANNERS INTERIORS. Ltd.
i • I 0 ~ 250 BIRO ROAD SUITE f308 AA-2778 PHONE: (305) 445-4544 ~ ~ >-~ '-CORAl GABlES. flORIDA 33148NWW.SAQUtARCH1TECTS.CoM FAX: (305) 445-6044 .. , .
~ K'\. SHEET TITL=
\..)II COVER 5!-lEET
_FORCOI5I1O!JC;TIQN
DELICIAS DE ESPANA
4016 SW 57TH AVE
MIAMI, FLORIDA 33156
~CIR TO >£1<IFY AU. DU'1EN5IClN5 '" FIElD FRlCIR TO CClN511<1JCTlClN. NO!JF( ARCHITECT OF""" DI5CIO£PA1jC1E5 .........
1
>IS. ----.
EXISTING
COUNTER
EXISTING
KITCHEN
EXISTING DISPLAY
EXISTING
SALES FLOOR
o
o
EXISTING STORAGE
EXISTING KITCHEN
TWICE CONSIGNMENT
1,547 SQ. FT.
DOCTOR OFFICE
1,370 SQ. FT.
EXISTING BUILDING AREA BREAKDOWN
DELICIAS DE ESPANA 8,261. 75 SQ. FT.
miCE CONSIGNMENT 1,547 SQ. FT.
DOCTOR OFFICE 1,370 SQ. FT.
VACANT SPACE (ALLEN DRUGS + DINNER)
GROUND FLOOR 3,607 SQ. FT.
SECOND FLOOR 358 SQ. FT.
TOTAL 15,143.75 SQ. SF.
10
W
U)
~ > ['J <l: ['J
:r: <l: l-
I:"-0
U) ii:
::= 0
Ul ...J
LL
10 ...;
~ ::E 0 <t ~
::E
~ CI-4ECK. N:JJ2, AlA
~ I. DATE t2-22-2/D16 ~
ReIO ! R.CON$. -~ COMM. 1&31
~ I-____ l. __ ~ ___ _
I [[JJ [[JJ [[JJ[[JJ[[JJ
: 0 0
I ~ zgzg V ~,o V 9
: ~ zgzg ,"~-~"oN9 9 I 95~D 99
: 999
I
I
I
I
I
RELOCATED
KITCHEN
RELOCATED BAKERY
-----------~-. --------
D
D
EXISTING KITCHEN
LII II II
I 'I~~ L ___________ ~
L _____________________ _
TWICE CONSIGNMENT
1,547 SQ. FT.
DOCTOR OFFICE
1,370 SQ. FT.
NORlII
1-@...:...,l,--1, -:::~~~!E;:';:;~;;7!N~. ~~'-O~' P...!:L::.:...A..::...N:...-_____ ~e
~~ 3~ ~ -'" BUILDING AREA BREAKDOWN 19"""" d !il
DELICIAS DE ESPANA 8,261.75 SQ. FT. Iiill ............ ~lI-
1WICE CONSIGNMENT 1,547 SQ. FT. Q ""'-~ ~ --....
DOCTOR OFFICE 1,370 SQ. FT. ~ ~ ~')"O---~~::;a~~-~..) ")
RESTAURANT EXPANSION g ~ ~ """'"
GROUND FLOOR 3,607 SQ. FT. I ~ . '\ .....
JS,E""C0'f"'N"'-.D -'-'FL""'00"'-'R'---__ ~_:rri3~58foSQ. FT. ill .~..... rv ~ ~
'"" n >-" \ -""-b TOTAL 15,143.75 SQ. SF. ;l! ~ '11\ I -,'-"":J'"ooj,-LJ
Iii '\ "\ ~ i'~~ ~ ~ r"~
3 ~
m ~ i ~ 2
I!!
~ SHEET,
~ AUl ~;I=D:;:-;-U.N.;--r.:-DA;------j I ! CI-lECi<.. N:J!/l, AlA
~ I. DATE 12-22-21Z!16 ~
RaiD ! RCON& -
COMM. 16.'
I.
1"'1
I
r--
WALK IN
FREEZER
-II
J
I I I I L...
Dbo rnr-
KITCHEN
2,4.03.56 SO. SF.
STORAGE
T FOOD I
DISPLAY 1
J
I
J
STORAGE
WALK IN
FREEZER
j I ~
DELI
273.31 SO.FT.
II T
OFFICE 7
246.04 SO.FT.
STORAGE
STORAGE
~ ,
...II" ~LJ'
@~~~~,~AN
J r
MARKET
MARKET
P [
I l
STORE
llI r I~ -
r-
GIFT
WRAPPING
L-
-
B I' -
STORAGE STORAGE
STORAGE
STORAGE
1,105.36 SO. FT. -
r--~lROOM
-...II" \jl D
NORTII
~8
>-1 CHECK. 1CJI1, AlA
t. DATE 12-22-2tZ1lh ~
R.eID -I
R.CON5 -G~COMM:::"::::::":::. +''':-::'':;---1
STORAGE
1,105.36 SQ. FT.
.~ !
~
BUILDING AREA BREAKDOWN ~ <t",
E:' =:R
~~ DELICIAS DE ESPANA 8,261. 75 SQ. FT. ir:::.... ~ lWlCE CONSIGNMENT 1,547 SQ. FT. U
DOCTOR OFFICE 1,370 SQ, FT. ~ -w: -
RESTAURANT EXPANSION g ". t!It:,a
GROUND FLOOR 3,607 SQ. FT. i~ ~~ ~ >-1\ SECOND FLOOR 358 SQ. FT.
TOTAL 15,143,75 SQ. SF, ~ 6 '1~"~ ~ ~
~ ~,
" I!; ~ (Ii
5 fi ~ ~ ~ <I) n ~ I! r:
<Ii
~ i ~
~
(Ii a
! ~ « \!>
i <I) z j! « (Ii l;;
I 0.. \0 Ii
Ul to !5 w ~
il W > M I ~ « M
W J: « I-~ 0 ~ 0 ~
I to ~ \Ii
Ul ::: 0 II!
til ...J i « LL
\0 ~ "' ~ -~ ~ tJ 0 ::E
I -<t ~ . ~ ..J ::E a
W ~
0 i ~ s
g
I i
~ ~~n i -< uin 0: __
~O,"" ~ ~ "l! ~ "W if ~ ~ S ~
6\ '" ~ r:J ~ I!; ~
(Ii -< ~.~ ~ W ~:t i IJ') Z n~ Z ~:> • « 5 U.J " a. (I)
~ I ~ ~ li!i Z
'<{
~~Ul~i --l
Il
; d ~;i ill
~ Z-~ ~ I < ~;I 2 i~ g ~
i ~
~ e~EET,
S A1J3 ~ i ~
(lic>1l.N. DA ,., I C~ECK. """,AlA
I. DATE 12~22·2t)16 ~ Re.ID ! R. CONS -
COMM. 1&31
o
o 0
o
o
RELOCATED KITCHEN
UP
RESTAURANT SEATING
RELOCATED BAKERY
NORllI
r---:-1 -¥:R~E:.;:S-7-:!T A~U:..;,..R::::-A:!...:.NT~EX-=.!.P...!....A...:.!...N=S=I O-!...:N--,-P=L=OO=R'--'--.!...-P=LA.....:.!.N-=--------{ (Q
A1.14 SCALE, 1/4' = 1'-0" D
~g ~ ,
BUIU>lNGAREA BREAKDOWN I~ ,
DELICIAS DE ESPANA 8,261.75 SQ. FT. ~ --• ___
lWlCE CONSIGNMENT 1,547 SQ. FT. Q "'l
DOCTOR OFFICE 1.370 SQ. FT. ~ ~ ('00..1 ~ ~ f----J
RESTAURANT EXPANSION 8 '" .
GROUND FLOOR 3,607 SQ. FT. ~
SECOND FLOOR 358 SQ. FT. ~ !'l ~~ Cr:"~t-r-
TOTAL 15,143.75 SQ. SF, ~ 6 ~ 1 ~I' i~ _ 1\
10 1\ 1\ ~ 16\ 1,1 , I -t-I-'"
~ N\ g g 1\[\
3 ~ I\~ I ~ h~ jI!