Res No 205-17-15006RESOLUTION NO. 205-17-15006
A Resolution relating to a Special Use application to permit a General
Restaurant use at 5958 S. Dixie Highway.
WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Richard Sklar, submitted Application No. PB-17-019 to the Planning Board
requesting a Special Use Approval to operate a general restaurant at 5958 S. Dixie Highway,
within the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district; and
WHEREAS, the applicant proposes to lease the existing vacant space that will front the
courtyard of the subject building; and
WHEREAS, general restaurants are permitted as a special use within the Special Retail
"SR", Hometown District Overlay "HD-OV" zoning district and are subject to meeting the
general conditions specified in LDC Section 20-5.8 and subject to meeting the special 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:
1. 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.
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; and
WHEREAS, the Planning and Zoning Department has determined that the applicant's
restaurant special use meets the parking requirements for the Special Retail "SR", Hometown
District Overlay "HD-OV" zoning district; 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 October 10, 2017 Planning Board meeting, and following a public
hearing, the Board reviewed application PB-17 -019 and voted 6 ayes, 0 nays to recommend
approval of the request for a special use to operate a general 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. of Res. no. 205-17-15006
Section 1: Special Use Application (PB-17-019) submitted by applicant Richard Sklar to
operate a general restaurant at 5958 S. Dixie Highway, within the Special Retail "SR",
Hometown District Overlay "HD-OV" zoning district is hereby approved. This approval is
subject to the following 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 of the Land Development Code;
2. 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;
3. 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;
4. Any and all exterior renovations or modifications for the new establishment are subject to
approval by the ERPB to the extent provided by the Land Development Code; and
5. If the subj ect 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 17th day of, ~O.!.loc"-,,t~o!.!ob~e~r ____ , 2017.
APPROVED:
jl!IrJ;f~ Y R'
Pg. 3 of Res. No. 205-17-15006
ORM, COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
(dl
South'Miami
THE CITY OF PLEASANTUVING
CITY OFSOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
VIA: Jane K. Tompkins, AICP, Planning Director
From: Steven Alexander, City Manager
DATE: October 17, 2017
SUBJECT:
8 Agenda Item No.: __ -=-_
A Resolution relating to a Special Use application to permit a General Restaurant use at 5958 s.
Dixie Highway.
BACKGROUND:
Located in the Specialty Retail "SR", Hometown District Overlay "HD-OV," the applicant is proposing
to open a new general restaurant use called "Himk and Harry's Delicatessen" in one of the tenant
spaces located at 5958 S. Dixie Highway, which is currently under construction. Pursuant to the
regulations listed in the Permitted Uses, Section 20-7.12(A) of the Land Development Code (LDC), a
special use permit is required for the operation of a general restaurant.
REQUEST:
Richard Sklar, the applicant, is requesting approval to operate a general restaurant in a tenant space
located at 5958 S. Dixie Highway.
ANALYSIS:
Pursuant to the Special Use Conditions, Section 20-3.4 of the LDC, a special use may be approved
and permitted by the City Commission at a public hearing, after a recommendation by the Planning
Board, provided that such use complies with the general requirements, special requirements, and
any other conditions that the City Commission may consider appropriate and necessary.
When reviewing the project, the following items are noted:
• The subject property is near similar restaurant uses to the north (Einstein Bagels) and to the
east (Deli Lane, MyCeviche).
• The subject building was originally reviewed and approved via the Application for Development
Permit (ADP) Process. Pursuant to Section 20-7.3(D} of the LDC,
A complete ADP shall be reviewed by the Director. If the ADP is determined to be
in conformance with the Hometown District Standards, the application shall be
processed for approval pursuant to the applicable provisions of the Code and the
development permit issued by the director without further review by the
planning board, ERPB or the city commission.
Special Use -General Restaurant 5958 S. Dixie Highway
October 17,2017
Page2of4
• As indicated on the attached letter from the architect, the 2,407 square foot space will be
divided into the following patron/non-patron areas:
o . Non-Patron Area: 1,335 S.F.
• Front Counter: 427 S.F.
• Kitchen: 791 S.F.
• Corridor: 117 S.F.
o Patron Area: 1,072 S.F.
• Dining Area: 1,072 S.F.
As shown on Sheet Al.0 of the Floor Plan submitted with the application, the applicant is proposing
to develop the tenant space in order to accommodate a .general restaurant once construction on
the building has finished. This includes the installation of a new kitchen with food prep areas and
patron seating areas.
PARKING SPACE ANALYSIS
Pursuant to Section 20-7.12{A) of the LOC, the parking condition for a general restaurant is as
follows:
• One parking space per 100 SF devoted to patron use
• One parking space per 300 SF devoted to non-patron use
Per the information provided, the minimum number of parking spaces required for the proposed
general restaurant is as follows:
Patron Use Parking Space Requirement
1,072 &.-F-. 1 Parking Space
1 x 0 = 10.72 Parking Spaces ~ 11 Parking Spaces 10 £.F..
Non-Patron Use Parking Space Requirement
1,335 £.F.. 1 Parking Space .
1 x 30 = 4.45 Parking Spaces ~ 5 Parking Spaces O£.F..
Based on the calculations listed above, the proposed general restaurant will be required to provide
a minimum of sixteen {16} parking spaces.
When the ADP for this building was initially approved, a total of forty-three (43) parking spaces
were provided. However, after the building permit was issued, the project was reviewed by the
Florida Department of Transportation (FOOT), who required that the project lose four (4) parking
spaces, redUCing the number provided to thirty-nine (39). This loss in parking spaces was for the
future renovations of S. Dixie Highway, a state maintained road. Previously, the City Commission
granted Special Use approval to American Harvest, the first tenant in the building via Resolution
#021-17-14822. Based on that approval, twenty-two (22) of the thirty-nine (39) parking spaces were
delegated to the general restaurant, leaving seventeen (17) parking spaces available for Hank and
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Special Use -General Restaurant 5958 S. Dixie Highway
October 17,2017
Poge 30[4
Harry's. Once the parking spaces required for Hank & Harry's has been deducted, they will meet the
minimum parking space requirement for a general restaurant with a remainder of one (1) parking
space that will be available to any future tenants. It is important to note that because all available
parking will be delegated to both the applicant and American Harvest, all future tenants will be
required to either pay into the Hometown District Improvement Trust Fund at $l,OOO/parking space
deficient or obtain a Special Exception waiving the deficient parking spaces. This requirement is
consistent with the following LDC sections:
• Section 20-7.6(C)(2)(b)
If there are fewer spaces provided than required for existing buildings, the applicant
may: obtain a special exception waiving the number of additional spaces required in
accord with the process set forth in Section 20-7.51 of this chapter; or pay into the
Hometown District Improvement Trust Fund a fee as set forth below.
• Section 20-7.6(C)(2)(c)
The fee payment into the Hometown District Improvement Trust Fund for each space
required but not provided shall be one thousand dollars ($1,000.00) per parking
space per year payable at the time of renewal of the occupational license. This fee
may be adjusted periodically by the City Commission as appropriate.
SPECIAL USE ApPROVAL
After review of the project, the proposed general restaurant use complies with both the general
and special requirements listed in both Section 20-3.4(A) and Section 20-3.4(B)(4)(b) of the LDC,
respectively, in that the use:
• Is compatible and complementary to the existing uses within the surrounding areas;
• Shall provide only inside or patio service; Public streets, rights-of-way, sidewalks and
required setbacks may not be used for patio or street-side services of any kind;
• No services of a drive-in or of a fast food nature shall be permitted; and
Furthermore, the requested special use does not conflict with the Comprehensive Plan and
complies with the LDC requirements set forth in Section 20-5.8(8)(1) of the LDC 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.
Last, if the special use 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.
Special Use -General Restaurant 5958 S. Dixie Highway
October 17,2017
Page 4 of4
PLANNING BOARD ACTION:
After the public hearing held at the Planning Board's October 10, 2017 meeting, the Board
recommended approval of the application with a vote of 6 ayes to 0 nays.
RECOMMENDATION:
It is recommended that the City Commission approve the Special Use Permit application. This
approval is subject to the following 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 of the Land Development Code;
2. 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;
3. 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;
4. Any and all exterior renovations or modifications for the new establishment are subject to
approval by the ERPB to the extent provided by the Land Development Code; and
5. 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.
Attachments:
• Application, dated July 11, 2017
• Letter of Intent
• Letter from the Architect, dated July 13, 2017
• PB-17-019 Planning Board Draft Meeting Minutes Excerpt, dated October 10, 2017
• Resolution #021-17-14822 w/staff memo
• Mailing Label Affidavit w/Location Map, dated July 25,2017
• Mailout Affidavit (Notice of Applicant Mailout Affidavit), dated August 29, 2017
• City Notice of Public Hearing
• Applicant Notice
• Legal Ad
• Color Renderings
• Boundary Survey
• New Floor Plan, sheet A1.0
City of South Miami
Plannmg & 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: \ ~S8. ~ ~~ ~\,). ,..\0
Lot(s) __ Block __ Subdivision _____ _
PB -
Meets & Bounds: c::.,.,..l"V\ .. -..... \....\~ .!:a.!:. \ 4g
Applicant: Phone:
.L'.(\~ ~'-~
Representative: Organization:
t.. ~ ~ 'L\...A2.. .
Address: Phone: ~o~. S(l~ .,{Co'l-O.
\\t)(l\ . \-\'.~ ,.... "'r"-->..\.)..C c;:::t..-, ."!:S() 4 .c;;:. \ ~~ \ '6.Q..
Property Owner: Signature:
Mailing Address: Phone;
Architect/Engineer: Phone:
17~~ ~"t~'"L
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner _Owner's Representative _Contract to purchase _Option to purchase ~TenantlLessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM
_ Tex! Amendment to LOC
_ Zoning Map Amendment
_ PUD Approval
_ PUD Major Change
_Variance
_Special Use
_ Special Exception
_Other (Waiver of Plat)
Briefly explain application and cite specific Code secticns'
Section __ Subsection:__ Page # __ Amended Date: __ _
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
_ Letter of intent
_ Justifications for change
_ Statement of hardship
_ Proof of ownership or letter from owner
_ Power of attorney
_ Contract to purchase
_ 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 '1T'
_ Affidavit-Receipts attesting to mail
. notices sent
_ Mailing labels (3 sets) and map
_ Required Fee(s)
The undersigne has read this com leted application and represents that the information and aJl submitted materials are true and
correct to the est fthe ap licant's .. d·beliefn ~
. . .t), SJcb v II I
Applicant's Signa e and title . Print Name at
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable reguIations. 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 ____ _
I Petition Required __ _ Petition Accepted. _____ _
Method of Payment
Z:\Forms\Current Planning Department Forms\Planning Department Forms\Planning Board\PB -Special Use Application -Revised 1-
25-2016.doc
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R.ARDY·S
. ' I I'l;' ISS l:'{
Corporate Office
1691 Michigan AVe
Suile330
Miami Beach Fl33139
Intended Use
Hank and Harry's Deli is a proven, highly regarded restaurant concept brought to you by
hospitality veterans Buzzy Sklar and Richard Booth. Mr. Sklar has founded such concepts as
Burger and Beer Joint and along with Mr. Booth the highly acclaimed fast casual Sliderz
Restaurants.
Their newest endeavor, Hank and Harry's Deli, opened its first location on Miami Beach 4
months ago to amazing reviews by both the press and locals alike. They have brought back the
New York style deli with a modern twist. The deli features classics such as mile high corned beef
sandwiches to a bagel and nova. With a huge To Go by the pound business Hank and Harry's
Deli will become an instant classic in South Miami as t~e place to all of your appetizing needs.
Hank and Harry's Deli serves breakfast, lunch and unlike most delis will be open for dinner. The
design has a modern clean twist which gives a feeling of comfort. Hank and Harry's wants to be
the go-to place for families in the area whether they are dining in, taking out, getting delivery or
getting catering for a special occasion.
Ownership has roots for over 50 years in the community and is looking forward to serving it on
both a business and charitable level.
We look forward to being part of the South Miami community for many years to come.
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4304 Nf2""A\'BnUB • W~~~ florida 33137 .. T: 3054404314. f;866 443 1486
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, October 10,2017
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section BA-5, requires that al/ 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 oj
$500.00 and an additional $100 for each additional issue. This applies al/ persons who are retained with or
without compensation to influence any action, decision, 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 by the city commission or a city
board. There are some exceptions and exerriptions. The not considered to "be lobbyist: a
representative of a principal at a quasi-judicial hearing, or technical information at
public meetings, representatives of a neighborhood and representatives of a
not-far-profit community based organization for the seek to influence without
special compensation.
Individuals who wish to view or listen
meeting can be found on the city's
I. Call to Order
II. Roll Call
~r.;innc; of the
Subrata Basu (Chairman), Dr. Velma Palmer
. Sally Philips, Mr. Gary Robinson, Ms. Aracely
ompkins (Planning Director) and Mr. Marcus Lightfoot (Senior
City Staff Absent: No
City Attorney: Mr. Thomas Pepe
III. Administrative Matters
Ms. Tompkins thanked the board for their assistance in the selection of dates for a tentative Special
Planning Board Meeting. She then informed the Board that the Special meeting has been tentatively
scheduled for Thursday, October 26,2017 at 7pm and that the Board should keep that date open.
IV. Public Hearings
1
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1. PB-17-019
Applicant: Richard Sklar
A Resolution relating to a Special Use application to permit a General Restaurant use at
5958 S. Dixie Highway.
Applicant: Richard (Buzzy) Sklar
Dr. Philips read PB-17-019 into the record.
Mr. Lightfoot presented the staff report for PB-17-019.
Board member Dr. Velma Palmer arrived at 7:04 P.
Mr. Sklar presented the project to the Board. menus for the new restaurant.
Mr. Lightfoot painted out there was a
The report included the following sta
"It is recommended
application ."
The statement should be
Permit
Special Use Permit
by the City Commission. "
applicant does not indicate items that are sold
the pound will be displayed on video menu
nu would be. Mr. Sklar stated that because this
as a sit-down type restaurant, the breakfast menu will be
rant will be at full capacity, to which Mr. Sklar stated no.
update on American Harvest. Mr. Lightfoot stated that the applicant
is waiting to start ion on the space and can't do so until the shell for the building
receives the necessary approvals from the Building Department. .
Mr. Basu asked how about the size of the building, to which Mr. Lightfoot responded that he
would have to research the information and report back to him. Mr. Basu then asked how many
confirmecJ tenants were in the building. Mr. Lightfoot responded that the only confirmed tenants
were American Harvest and Hank and Harry's. Mr. Basu asked if there were office spaces in the
building to which Mr. Lightfoot responded yes, on the second floor. Mr. Basu asked about the
availability of the vacant spaces in the building. Mr. Sklar responded that there are two (2) more
spaces available which will be for dry retail stores. Mr. Basu commented that those two (2) retail
2
spaces will have to contribute to the Hometown Improvement Trust Fund, to which Mr. Lightfoot
responded yes.
Dr. Philips asked if the hallway in the restaurant had to be counted, to which Mr. Lightfoot stated
yes.
Mr. Lightfoot gave a brief history on the parking situation for the building. Mr. Sklar added that
there is a lot that can be used for additional parking. Mr. Basu stated that payment into the
Hometown Improvement Trust Fund could be burdensome for future tenants into the building,
and possibly some other avenue could be worked out. Ms. Tompkins explained to the Board that
this issue was explained to the property owner who still d to go ahead with assigning the
parking spaces to the restaurants.
Dr. Palmer stated that because there is no parki
is possible that the establishment may not wa
Ms. Alicea asked if there were any plans
Mr. Lightfoot responded that he was
stated that there was a discussion about
died.
Dr. Palmer asked if there wi!
submitted by the property ow
added that a plan was subm
with outdoor
responded th
r future tenants in the building, it
the City.
since it may be widened.
US-l. Mr. Robinson
parking for a business.
mments on PB-17-019.
PB-17-019. The motion was seconded by Ms. Alicea.
Mr. Basu: Yes
Dr. Palmer: Yes
Mr. Jacobs: Yes
Dr. Philips: Yes
3
. RESOLUTION NO. 021-17-14822
A Resolution approvilig a special use approval to permit a general restaurant
at 5958 S. Dixie Highway.
WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, AH Somi, LLC submitted Application No. PB-17-001 to the Planning Board
requesting a Special Use Approval to operate a general restaurant at 5958 S., Dixie Highway,
within the Special Retail"SR", Hometown District Overlay "HO-OV" zoning district; and
WHEREAS, the applicant propo~es to lease the existing vacant space that will front the
courtyard of the subject building; and . .
WHEREAS, restaurants are pennitted as a special use within the Special Retail "SR",.
Hometown District Overlay "HD-OV" zoning district and are subject to meeting the general
conditions specified in LDC Section 20-5.8 and subject to meeting the special 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 -sid~ services of any kind.
11. No services of a drive-in or of a fast food nature shall be pennitted.
ill. 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 detemrined that the applicant's
restaurant special use meets the parking requirements for the Special Retail "SRI!, Hometown
District Overlay '~HD-OV" zoning district; 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 January 10, 2017 Planning Board meeting, and following a public
. hearirig, the Board reviewed application PB-17-017 and voted five (5) ayes, zero (0) nays to
recommend approval of the request for a special use to operate a restaurant; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR At"''']) CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Pg. 2 of Res. No. 021-17-14822
Section 1: Special Use Application (PB-17-001) submitted by applicant AH Somi, LLC
to operate a general restaurant at 5958 S. Dixie Highway, within the Special Retail "SR",
Hometown District Overlay "HD-OV" zoning district is hereby approved. This approval is
subject to the following 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 ~pecial Use Approval of the Land Development Code;
2. 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.
3. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2)
Outdoor Seating I Dining ~or all corrnnercial Properties, of the Land Development Code;
4. 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 extend provided in the
Land Development Code.
5. If the subject general restaurant is, in the future, determined by the Director ofPl~g,
to be adversely affecting the health or safety <}f 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 7th day of, February ,2017.
APPROVED:
L~4I4d
READ AND APPROVED AS TO FORM, COMMISSION VOTE: ~-O
LANGUAGE, LEGALITY A...lIID Mayor Stoddard: Yea
EXECUTION THEREOF Vice Mayor Welsh: Yea
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Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
Yea
Yea
Yea
(dl South~iami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: Steven Alexander, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
DATE: February 7, 2017 Agenda Item No., 15"
SUBJECT:
A Resolution relating to a Special Use application to permit a General Restaurant use at 5958
S. Dixie Highway.
BACKGROUND:
Located in the Specialty Retail "SR", Hometown District Overlay "HD-OV," the applicant is
proposing to open a new general restaurant use in one of the six (6) tenant spaces located at
5958 S. Dixie Highway, which is currently under construction. Pursuant to the regulations listed
in the Permitted Uses, Section 20-7.12(A) of the Land Development Code (LDC), a special use
permit is required for the operation of a general restaurant.
REQUEST:
AH Somi, LLC, the applicant, is requesting approval to operate a general restaurant in a tenant
space located at 5958 S. Dixie Highway.
ANALYSIS:
Pursuant to the Special Use Conditions, Section 20-3.4 of the LDC, a special use may be
approved and permitted by the·City Commission at a public hearing, after a recommendation
by the Planning Board, provided that such use complies with the general requirements, special
requirements, and any other conditions that the City Commission may consider appropriate
and necessary.
When reviewing the project, the following items are noted:
• The subject property is near similar restaurant uses to the north (Einstein Bagels) and to the
east (Deli La"ne, MyCeviche) .
• The subject building was originally reviewed and approved via the Application for
Development Permit (ADP) Process. Pursuant to Section 20-7.3(D) of the LOC,
A complete ADP shalf be reviewed by the Director. If the ADP is determined to
be in conformance with the Hometown District Standards, the application·
shall be processed for approval pursuant to the applicable provisions of the
Special Use Approval-5958 S Dixie
february 7, 2017
Page 2 of 5
Code and the development, permit issued by the director without.further
review ,by the planning board, ERPB or the city commission.
" As indicated on the attached site plan, the 2,900 square foot space will be diVided into the
following patron/non-patron areas:
a Non-Patron Area: 1,145 S.F.
a Patron Area: 1,755 S.F.
As shown on,Sneet A~l of the Site/Floor Plan submitted with the application, the applicant is
proposing to develop the tenant space in order to accommodate a general restaurant once
construction on the building has finished. This includes the installation of a new kitchen with
food prep area and patron seating areas.
PARKING SPACE ANAL Y515
Pursuant to Section 20-7.12{A) of the LDC, the parking condition for a general restaurant is as
follows:
" One parking space per 100 SF devoted to patron use
o One parking space per 300 SF devoted ta non-patron use
According to the information provided, the minimum number of parking spaces required for
the proposed general resta'urant is as follows:
Patron Use Parking Space Requirement
1,755 ~ 1 Parking Space .
1 x (' L = 17.55 Parking Spaces ~ 18 Parking Spaces 100 =-r-:-
Non-Patron Use Parking Space Requirement
1,145 ~ 1 Parking Space
1 x 300 ~ = 3.81 Parking Spaces ~ 4 Parking Spaces
Based on the calculations listed above, the proposed general restaurant will be required to
provide a minimum of twenty-two (22) parking spaces,
When the ADP for this building was initially approved, a total of forty-three (43) parking spaces
were provided. However, after the building permit was issued, the projectwas reviewed by the
Florida Department of Transportation (FOOT), who required that the project lose four (4)
parking spaces, redUCing the number provided to thirty-nine (39), This loss in parking spaces
was for the future renovations of S, Dixie Highway, a state maintained road_ At this time, there
Special Use Approval-5958 S Dixie
February 7, 2017
Page 3 015
are no other prospective tenants for the building, leaving all thirty-nine (39) parking spaces
available to the proposed restaurant. Once the parking required for the restaurant has been
deducted, seventeen (17) parking spaces will be left for the remaining future tena·nts. Once the
remaining parking spaces have been utilized, any future tenants will be required to either pay
int~ the Hometown District Improvement Trust Fund at $1,OOO/parking space deficient or
obtain a Special Exception waiving the deficient parking spaces. This requirement is consistent
with the fqllowing LDC sections:
• Section 20-7.6(C)(2)(b)
if there are fewer ·spaces provided than required for existing buildings, the
applicon~ may: obtain a special exception waiving the number of additional
spaces required in bccord with the process set forth in Section 20-7.51 of this
chapter; or pay into the Hometown District Improvement Trust Fund a ff!e o? set
forth below.
.. Section 20-7.6(C)(2)(c)
The fee payment irito the Hometown District Improvement Trust Fund for each
space required but not provided shall be one thousand dollars ($1,000.00) per
parking space per year payable at the time of renewal of the occupational
license. This fee may be adjusted periodically by the City Commission as
appropriate.
SPECIAL USE ApPROVAL
After review of the project, the proposed general restaurant use complies with both the
general and special requirements listed in both Section 20-3.4(A) and Section 20-3.4(B)(4)(b) of
the LOC, respectively, in that the use:
• IS compatible and complementary to the existing uses within the surrounding. areas;
• Shall provide only inside or patio service; Public streets, rights-of-way, sidewalks and
required setbacks may not be .used for patio or street-side services of any kind;
• No services of a drive-in or of a fast food nature shall be permitted; and
F~rthermoreJ the requested special use does not conflict with the Comprehensive Plan and
complies with the LDC requirements set forth in ·Section 20-5.8(B)(1) of the LDC 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.
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Special Use Approval -5958 S Oi,';e
February 7, Z017
Page 4 of 5
Last, if the special use 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.
STA.FF RECOMMENDATION:
It is recommended that the City Commission approve the Special Use Permit application. This
approval is subject to the following 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 oftheLand Development Code;
2. 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.
3. 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.
4. Any and all exterior renovations or modifications for the new establishment is subject to
approval by the ERPB to the extend provided by the land Development Code.
5. 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 ~se approval may be modified or revoked by the City
Commission upon notification and public hearing.
PLANNING BOARD ACTION:
After the public hearing held at the Planning Board's January 10, 2017 meeting, the' Board
recommended approval of the application with staff's terms and conditions (6-0).
AnACHMENTS:
• Draft Resolution
• Application Package
• Draft Excerpt of Planning Board Meeting Minutes
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(~.' . r~i'O . '. ::-.:>" : ,~.'. ". ,,",'. ~ . : .':1
,,~. dev·e'lo.pment ..
, . ' .. rS3's,q .y'.i'c. ~'s' ,.' .~.' . .",,::A
zoning public notification packages I lists of property owners within a specific radius + radius maps + mailing labels
rdrmiami.com I diana@rdrmiami.com I 305.498.1614
July 25,2017
City of South Miami
Re: Property Owners List within 500 feet of:
SUBJECT: 5958 S Dixie Hwy, South Miami, FL 33143
FOLIO NUMBER: 09-4036-029-0080
LEGAL DESCRIPTION: AMD PLAT OF SOLOVOFF SUBDIV LOTS 1 TO 3 & LOT 4 LESS
SW15FT & LOT 11 BLK 2 PB 7-11
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: 1'5
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 a[ld 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 t6 this report
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.' ":: :·i~fe "'( e I. 0 pTln. Ern t ,. ;
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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
SUBJECT: 5958 S Dixie Hwy, South Miami, FL 33143
FOLIO NUMBER: 09-4036-029-0080
LEGAL DESCRIPTION: AMD PLAT OF SOLOVOFF SUBDIV LOTS 1 TO 3 & LOT 4 LESS
SW15FT & LOT 11 BLK 2 PB 7-11
PERMIT X, INC.
7923l'i'W 195 Terrace
HIALEAH, FL 33015
www.permitx.net (786) 306-4492
mpermx@aol.com(305)710-1118
August 29,2017
City of South Miami
Sylva Martin Building
6130 Sunset Drive
South Miami, FL 33143
RE: Hank & Harrys 5958 S Dixie Hwy.
To Whom It May Concern,
I Fritzgerald Masson, attest that I have notified the abutting properties of 5958 S Dixie Hwy. South
Miami. Please find the certified receipts attached for your reference.
If you should have any questions or concerns please find my contact information above.
Thank you for your time.
Dated: August 29,2017
--
State of: \1'UYIC\..O
County of-'-: -'-:f?>"(-IfW::--;-::a.,-:-rq-:r----
Subscribed and sworn to before ~eJ1~bjs 2(1 day of --L1k4..!.4-l'g~u~Si-----
Notary Public S ignature,=:.AOW"-+:',,::-,-' --,--,l.UOI'--::--.,,--..,_:-:---.--__
Notary Public Name: .1yUi.()j)ClrCA ?«bUl.lJ
My Commission Expires: 01 \?.1:) \"z.~ _____ _
1
NOTICE OF PlJBLIC 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, October 10,2017 at 7:00 P.M., the City of South Miami's Planning Board
will conduct public hearings in the City Commission Chambers at the above address on the
following items:
1. PB-17-019
Applicant: Richard Sklar
A Resolution relating to a Special Use application to permit a General Restaurant
use at 5958 S. Dixie Highway.
SW73RDST
5940
7311
5901
SW74TH ST
Ali 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 bearing. 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 calling 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.
HAN:j{,,(J1t
11LA-R]~Jr~'S
D ':. !'.\ I !: ~ ~ C ~
Corporate Office
1691 Michigan AVe
$uite330
Miami Beach FL 33139
I ntended Use
Hank and Harry's Deli is a ,proven, highly regarded restaurant concept brought to you by
hospitality veterans Buzzy Sklar and Richard Booth. Mr. Sklar has founded such concepts as
Burger and Beer Joint and along wi~h Mr. Booth the highly acclaimed fast casual Sliderz
Restaurants.
Their newest endeavor, Hank and Harry's Deli, opened its first location on Miami Beach 4
months ago to amazing reviews by both the press and locals alike. Tbey have brought back the
New York style deli with a modern twist. The deii features classics such as mile high corned beef
sandwiches to a bagel and nova. With a huge To Go by the pound business Hank and Harry's
Deli will become an instant classic in South Miami as the place to all of your appetizing needs.
Hank and Harry's Deli serves breakfast, lunch and unlike mosNleliswi11 be open for dinner. The
design has a modern clean twist which gives a feeling of comfort. Hank and Harry's wants to be
the go-to place for families in the area whether they are dining in, taking out, getting delivery or
getting catering for a special occasion.
Ownership has roots for over 50 years in the community and is looking forward to serving it on
both a business and charitable level.
We look forward to being part of the South Miami community for many years to come.
Thanking you in advance,
Buzzy Sklar 4rd Booth
propreit9t r ?--ft ______
\../
MIAMI DAILY BUSINESS REVIEW
Publisned Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade Counly, Florida
STATE OF'FLORIOA
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 -PLANNING AND ZONING
DEPARTMENT -OCT. 10, 2017
in the XXXX Court,
was published in said newspaper in the issues of
09/29/2017
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 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 County,
Florida, for a period of one year next preceding the first
publication of Ihe altaehed copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
ecuring this advertisement for
(SEAL)
MARIA MESA personally known to me
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PROFESSIONAL LAND SURVEYORS AND MAPPERS
12211 SW 129th OT. MIAMI FL 33186
tel: 305·316-8474 fax: ~05·378·1e62 www,3tcl.com
LEGEND & ABBRE\fIATlO.NS:
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I.DATE OF COMPLETION:
I
~3Q.~1e 1
JH.EGAL JESt;!!~IQN AND LI\.OPgRTY ADDRESS:
tots 1 •. ~ 3, and ti, and the Nol1hellsterly.35 reetof Lot 4, Bloc~ 2; In. SOlOVOfF
SUBDIVISION, ~c:eoldln8 to the p1at thereof as recorded In Plat Book 7. at Page U.
of the PUblic Rec:dtdl of Mlaml·Oada County, Florida.
PROPitRTY ADDRESS: !59SB SOUTH DlXIEHWY. souru MIAMI fL 33143
RluoII09-4Q36:-029-OO80
t.:Ef01I'If[)Td: .
Sank or Am.CricGt ~.A.ltnd its RIC'IUSOn and IInians
Old-Rcpublio Natlollli Titlo.lolUl"WOConIpnny
ORST ScMllnvuton.1.LC
(jrtqtS1~IFinllnclal.L.P.
ORWIreet CuDllal, L.P.
nr-ACCURACY:
lHIS SURvt:Y WAsPREQlCA1EO ON THE EXPECTED USE Of LAND. As
ClASSIFIED I~ .THE. STANDAAOS OF PRACTICE FOR LAND SURVEYING
IN WE STATE o)!; FlO~fDl\.: PURSUANT 1 0 RULE 5J.t7 OF THE FLORIDA
ADMINlBTRAnVE conE IS ·SlmUR9AN" TH!:. MINIMUM REi..AlWC
OIST.MCeACCURApv FOR nus TYPE OF SURVEY 181 FOOT IN 1,~
FEeT. THE ACClJAACV OOTAiNeD 8'f MI!ASUREMENT AND CALCULATION
OF CLoseo G!::OMETRIC FIGURES WN3 FOUND TO EXCEEO -rnlS
RE~UlREMENT~
IV.sOURCIlS OF DATA:
lHIS SlJAVEV IS DASI:O UPON RfCOAOEO INFORMATION AS PROVIDED
BY cueNT. NO BPF.CIFIC SEARCH OF THe: puallC RECQRD HAs eel!~
MAO'E Q'f 3T~I •.
HORm ARROW DIR~CTJON IS SMED ON AN ASSUMED MERIDIt\N.
SEARINGS'AS SHOWN l~enEON ARF. B,Ast.D UPON THE. CENTER LINE OF
US-f., WlTH AN ASSUMen I\P.ARINO OF N47°61'36"e. SAID LitlE TO BE
CONSIDERED A'WElI. MONUMI:NTEU LlN(;.
THIS SURVEY ..w; IiErm PREPARED FoR THE EXCLUSIVE use QF.THE.
emmes NAMED tlEr-teON ONLY At1fl THE CERnFICATIONS HEREON DO
NOT EXTEND T~ Ni'l UNNAMEOPARlIES.
LOCATION MAP
NOT'TO SCALE
SECTION 18, TOWNSHIP 54 S" RANGE 41 E.
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VI-$URVllYOR'S CERTIFICATE:
'HlRnYC£I«LfY: tHAI UlIII 'OCUl0AAV8IJRYIY" N/OTIltiIl\IfMiY ........ R"IIstA.1'IHG nft.REFFlOMW"" PelII'OIWl!OUMDl""""DlnlCllON,f,H!j1U1RI.II!AIfl)t:oIIIWlTTOmf.eE!lTOf""'~AAO'I!1Jt~ .lHOR.m1I1l1,"'IATI5AIq"9OCl14OAAVeW\Vll"t'UI!ETII,.,mlHTVftf6Ttd!APPI.rCNlll!p~I.Oo"nllt
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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 thaI he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily 'Business Review
flk/a Miami Review. a daily (except Saturday. Sunday and
Legal Holidays) newspaper. published at Miami in Miami-Dade
Couniy, 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-OCT. 17.2017
in the XXXX Court,
was published in said newspaper in the issues of
10106/2017
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 continuously published in said Miami -Dade
County, Florida .:e~c,h.. 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
f securing this advertisement for
6 day 0 CTOBER. AD. 2017 '
J),iMtV cfirMu;&
(SEAL)
MARIA MESA personally known to me
32SE I
MIAMI·DADE COUNTY
Fence demolished by
Irma? Dade waives
permit rules for
unincorporated areas
IIY DOUGLAS HANKS
dhNtl:s@miarnihaald.com
Miami-Dade this week
waived permit requirements
for residential fences dam-
aged by Hurricane Irma,
allowing homeowners to fIX
the fences without approvals
provided the structures
aren't surrounding pools.
half of the county's homes,
but does not apply to prop-
erties within city limits,
since cities have their own
zoning procedures.
NEIGHBORS I SUNDAY OCTOBER 8 2017
MIAMIHERAlD.COM
The waiver only applies to
properties governed by
county zoning nlles in Mi.,-
mi-Dade's unincorporated
areas. That covers about
The rule, approved by the
County Commission on
Tuesday, lets homeowners
repair fences without per-
mits, providing they use the
same materials, design and
layout as the pre-Irma
fence. Fence permits start at
$130 and increase based on
the size of the fence being
MAnAS j OCNER mocrtff@\lniamtiterakicom
Downed fences littered Miami·Dade after Hurricane Irma. Miami-Dade has waived permit requirements for repairing
them provided the fence doesn't surround a pool. The waiver only applies to residential properties outside of city limits
SEE FENCE, 33SE in the cou nty. .
WHAT EDUCATION SHOULD BE!
RIVIERA DAY SCHOOL 68"'.1 Nervi. Str •• t. Cor>I G:obl ••. FL .,3146 1 Td.305.666.1856
RIVIE.RA PREPARATORY SCHOOL Y775 SW 87 A"on,,,·. M"lIIi. Fl33176 lTd. 786.300.0300
ww .... r;v;er .. chooJ •. coll1 I I\crrcdilc,1 hI' ~I~r. SACS. MSA. Ai. NCPSA. NIPSA
CITY OF SO{;,(H ML\J'\.U
!'IOTICE OF PGBLlC HEARING
NOTICE IS HEREBY !!i"on d,.t the City C'.omlTl;.,ioll or 'he City
of South Miruni. Aorid3 "'ilI conduct F'llttlic HearingCs) at its r.egulst
Ciry Commission llKeting !IoCheduled fm' Tur.sda)'. Octlll-er 17. ~OI7.
beginning. at 1:00 p.m .. in Ihe City Cl"lmnli~"il\1I Chrun~rs, 6130
Sunsel Drive. ttl conlddfr the following item('!:):
( A R~s('lluth."lrt 1~131ing t('l n Special U~(' aprliciltion to permit a\
Genernl Rt:staur~nl use at 5958 S. Dixie High\L·ay. J
A .Rest'lutifm IIllpn.n.'ing rt'new31 nr the pritl( agreemenl hrtween
tho City and St"'en AieuDd .. for City M.n:oyer Services.
iltntndi~!! Stcrinn Hl 1\. 10 C'nlnply ,,,jlh Cjl),'s current IJ\!n~on
onlin:mce ;mrJ allowing for 3~itlSlml"lIt" W ~:\lnry lind hem'tit'i
tl~l1t ure pmvitJtd rf'r in t'ach annual budgeL
I\LL jntcrr:;tcd r.1rtic!= ~ jnviled to ntrl'ud nnd will b~ hennl,
fnr fuL1htr inf~""ud;on. pl~n.st conWC'r tht City CI~rk''C Office at:
30~-66~-C,3o\(l
M:ui.1 M. Mmeu!!.z. CMe
CityCI.,~·
Ptmlu:.m 10 fltlTida Staml" ..... 2~6 011'15. lhe aty hereby l\dvj~'4' Ih~ lI"hlll' lh:l11ra
'['I-~"In dl~iul!!lln "PJ'l"Q1.my dc('j~inll Pllhl,,-by :hh Rna .. J. ~~-CtK'Y In Cl)mrni1J.il'n
,,·hh n'%'I'1!Ct In .In" m.r.c:r cnr,)oifkr~1 ,11 ~~ mecmng nr ht·:tring. hi.-Irr!<h~ \10;11 nl."\!'C1
" r~OtJ of Ihe pJ't1C\.'f'din~~, ,u1J Ih!11 r~lJ ~~h r"rpnA". arrt."CI~d pl!l'SC'tn lIIoly De~d
1n ~n.r;.UN Ih:\1 a ''\'I\I!Ulm NtnnJ llr.he prtJCC\."\lengll i!rll1h,d~ which (('Clll~IIIh'hldcr!
tll~' ',-"limon:; ",nd cl'idcnce upnn whith tlJ~, :l.ppcall~ In be 11",,(',1.