5924 SW 68 ST_GREEN MISC Al
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To: L. Dennis Whitt Date: October 28, 1996
City Manager
From: Bill Mackey, AICP Re: Proposed Bakery at
Director of Planning& Zoning 5924-S;W:58-Street
PROPOSED BAKERY AT 5924 S.W. 68 STREET
Pursuant to your request, please find a brief summary of the situation at 5924 S.W. 68 Street.
On October 1, 1988, a license was issued to Lifestaff for a bakery at 5924 S.W. 68 Street. The
Code Enforcement files indicate that September 30, 1990, was the last date that a bakery was
legally licensed at 5924 S.W. 68 Street. The files also indicate that the property came before the
Code Enforcement Board on this and other issues and that there are liens against the property.
On October 25, 1989, the City Commission adopted the new Land Development Code which
designated the parcel at 5924 S.W. 68 Street as NR(Neighborhood Retail) [see attached map
excerpt]. A bakery is not a permitted use in the NR zoning district [see attached Code excerpt].
The bakery use was legally discontinued as of September 30, 1990, when the occupational
license expired. Per Section 20-4.8(A)(6), "No building or land, used for a nonconforming use,
which remains vacant and unusued for a continuous period of six (6) months, whether or not
fixtures are removed, shall again be used except in conformity with the regulations of the district
in which such building or land is located...." .
However, illegal use of the building as a bakery continued as late as April 25, 1996 [see attached
letter referencing termination of use]. Per Section 20-4.8(C)(3) of the Land Development Code,
"The intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish
the existence of a non-conforming use."
I hope that this information will be useful to you.
Thank you.
c: Earl G. Gallop
City Attorney
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20.3.3 SOUTH MIAMI LAND DEVELOPMENT CODE
ZONING DISTRICT
R L M N" S G I H PP C P
USE TYPE O O O R R R I R O A
j N R
D' K
Stock Brokerage Services P P P P P 10
Tailor or Seamstress P P 11
Taxidermist IP 11
Telephone Answering Services P P P P P 11
Tutorial Services P P P . P P 11
Theater or Cinema P P 15
Travel Agency P P Pil P I P 1 10
Watch and Clock Sales & Repair i P P P 1 11
Video Tape Rental Store P P P P 11
RETAIL AND WHOLESALE TRADE I
Air Conditioning Sales & Services I I IP P1 I 1 11
Antique or Curio Shop 1PIP P I 1 11
Automobile Accessories & Parts S P x 11
Automobile Dealer S S 9 11 £
Bait & Tackle Shop P P 11
Bakery - - P P P 11
Bicycle Sales & Services P P P 11
Boat Dealer S S 9 11
Book or Stationery Store S S j P I P I P 16 11
Business Machine Sales & Services I I P I P I P 1 11
Camera & Photo Supply Store ISIS I P I P I P 116 11
Carpeting or Flooring Sales I I P I P I P 11
Clothing or Apparel Store (new only) I I P I P I P 1 11
Confectionery or Ice Cream Parlor S S P I P I P I P 1 116 8
Consumer Electronics or Music Store I P PI I 1 11
Cosmetics Store I I P PIP I I I 11
Dairy Products Store I p p p 1 8
Deli I p p p 8
Department or Dry Goods Store I P P P 12
Drinking Place S S P I P P 16 7
Drug, Pharmacy or Sundry Store S S P P I P I P 116, 11
Fabric or Drapery Shop I - P I P I P 11
Florist S S P P I P I P 16 11
Gasoline Service Station S1 ISIS 5 T11
Grocery Store (over 4,000 sf gfa) I P I p I p 8
34
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LAW OFFICE OF
MA$ITZA GONZALEZ
IOOSI PINES BOULEVARD
SUITE E
PEMBROKE PINES, FLORIDA 33024 TELEPHONE(954)431-5200
FACSIMILE (954)435-0944
April 23, 1996
Ms. Sonia Lama ApR 4 I�b
City of South Miami
Director of Building and Zoning D{�${ON
6130 Sunset Drive BUILDING
Miami, Florida 33143
RE: South Miami Bakery, Inc.
5920 S.W. 68th Street
Miami, Florida
Dear Ms. Lama:
This an update on the status of my client's efforts to obtain
possession of the subject property and cure the existing violation.
As we previously informed Ms. Vazquez, who was handling this
file, we were in the process of evicting the tenant in possession
of the property. The Dade County Sheriff posted a Writ of
Possession. on the propert_y_. Execution on the Writ will take place
on Thursday, Apri1.,25,-_199.6 At the time that the Writ was posted,
it was confirmed by my client that the tenant had ceased operation
of the bakery.
Please have a code enforcement officer inspect the property as
soon as possible to report that in fact the property is in
compliance and that the violation has been cured so that any
further penalties or fines assessed against my client can be
terminated.
Thank you in. advance for your anticipated cooperation.
V trul 70 ,
MARITZA GONZALE
MG:gnv
cc: Mr. Jose G. Alberni
PANADERI\city.lt
b ~
a'
City of SOuth Miami
6130 Sunset Drive,South Miami, Florida 33143
September 24, 1996
Mr. Larry Berrin
5880 South Dixie Highway
South Miami, Florida 33143
Dear Mr. Berrin:
This letter is in response to your correspondence dated September 5, 1996, regarding the
potential, future use as a bakery facility of the property located at=5924 S.W. 68 Stree
I have forwarded your correspondence to the City Manager's Office, so that this matter may
come to the attention of the Mayor and City Commissioners. For your information, the issue of
the proposed Transit Oriented Development District will be reviewed by the City Commission at
a Joint Meeting with the Planning Board and the Environmental Review& Preservation Board.
This Joint Workshop is scheduled for October 22, 1996, at 7:00 PM. You may wish to attend
and make your concerns known to the members of the Joint Workshop at that time.
I hope that this information will be useful to you, and I look forward to your participation in this
workshop. If you have any questions regarding this or any other matter, please contact me.
Thank you for your inquiry.
Sincerely,
t
Bill Mackey, AICP
Director of Planning& Zoning
c: Eddie Cox
City Manager
Carlos E. Gutierrez, Sales Associate
CB Commercial Real Estate Group, Inc.
777 Brickell Avenue, Suite 1000
Miami, Florida 33131-2900
c:\...\EAR Document\Bemn
"City of Pleasant Living"
5880 South Dixie Highway • Miami, Florida 33143 • (305) 667-5577
September 5, 1996
Mr. William A. Mackey, Jr.
Ladies & Gentlemen of the Commission
6130 Sunset Dr.
South Miami, FL 33143
RE: 5,600 s.f. (single story bakery facility)
5924 SW 68 St.
So. Miami, FL 33143
Dear Mr. Mackey and Ladies & Gentlemen of the Commission:
I am writing to introduce myself as the purchaser of the above mentioned property located within
the city of South Miami. My wife, Sheryl, and I own and operate the Hot Cookie Cafe, a.k.a. Hot
Cookies, which was first opened on Sunset Drive in 1979. We consider having a bakery facility
again in South Miami a natural homecoming for us.
We are presently under contract to purchase a bakery facility at Southwest 68th Street, which
would allow us to consolidate our production, thus expanding our growth potential. This site is
centrally located to our retail facilities and precisely fits our needs as we see them. Since our
initial interest in March of this year. we have consulted with Mark Wynnemer, an architect, and
Mr. Mackey on the proper procedure to buy, renovate and re-open for business this closed
former bakery facility.
The existing "N-R" zoning classification does not permit a bakery to operate at that location. We
were advised of a proposed T.O.D.D. ordinance that was pending, and that by late August to
earl%% September, we should have the ability (zoning wise) to renovate and re-open this bakery
facility. No guarantees, but it looked promising.
On September 3, 1996 we attended a commission hearing on this T.O.D.D. ordinance and were
extremely disappointed at the results. Our aim, our plan, our vision is the following:
We are interested in purchasing this property and spending an additional $100,000 to
renovate and bring up to code this facility in order to open for business. We will be hiring
numerous employees from the immediate area and will operate a first-class facility that is
in harmony with the existing area. (The Day Care Center operating next to this site
approves of our purchase.)
Mr. William A. Mackey Page 2
My hardship is that under the present zoning, our bakery is not allowed. We are attempting to
make a considerable investment in an area that could use revitalization. Due to the previous
tenants problems, the present owners involuntarily lost their Certificate of Occupancy and the
property's "grandfather" status as a bakery. We would like to have this status restored. We
request your collective help in allowing our vision and plan to come to fruition. We are confident
our bakery is in the best interests of the City of South Miami and the surrounding neighborhood
and its residents. Providing life and vitality to this area is in everyone's best interest, rather than
maintaining a closed and vacant building.
We are ready to proceed and desire your assistance in allowing our vision to become a reality.
We feel confident in our future in South Miami and thank you for any assistance you can give us
in this matter.
Sincerely,
Larry Berri
LB/c