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06-03-08 Item 13South Miami NI- AmericaCRY CITY OF SOUTH MIAMI 1 D 1 N�Zo R 1927 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor Feliu and Members f the City Commission Via: Ajibola Balogun, City Manager From: Sanford A. Youkilis, Acting Planning Direct!� Date: May 20, 2008 ITEM Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72 "d STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE Request: The Applicant, Green Monkey, Inc. Inc. has submitted Planning Board Application No. PB -08 -011 requesting a Special Use Approval to operate a new general restaurant to be located at the above referenced location. The proposed restaurant is located in the "SR(HD)" (Specialty Retail Hometown District) overlay zoning district. A general restaurant is permitted with Special Use Approval. STAFF ANALYSIS (1) fide _applicant is proposing to open the "Green Monkey" which will be a c6inbihdtion yoga center and restaurant in an existing two story building located at 5734 Sunset Drive. A yoga center is considered a personal skills instruction studio and is a permitted as of right use in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District. A restaurant use is classified as an "S" use which requires a special use hearing procedure. (2) The restaurant will be on the first floor occupying 2,640 sq.ft.; in addition there will be a retail novelty shop of 614 sq.ft. The yoga studio will be on the second floor and will occupy 2,977 sq. ft. (3) Required parking spaces are as follows: restaurant -27 spaces; retail shop- 3 spaces; yoga studio- 12 spaces. A total of 42 parking spaces are required. The building at 5734 Sunset Dr. was constructed in 1970. The City Commission in 1969 granted a variance (Ordinance No. 26 -69 -658) allowing for the building to be built without off - street parking spaces. Based upon the size of the first floor, 3,254 square feet, the building was essentially "grandfathered" or "credited" with eleven (11) off - street parking spaces by the variance approval. The first floor was occupied by a shoe store which would have required the same eleven (11) off - street spaces. A new use (i.e. restaurant, yoga studio) which occupies the building and has a total parking requirement above the current 11 grandfathered spaces will require that additional spaces be provided. A total of 31 additional off - street parking spaces must be provided. (4) The applicant has advised that they will meet their additional requirement of 31 spaces by utilizing off -site parking provisions set forth in Section 20- 4.4(F)(2), which allows parking requirements to be satisfied by a long term lease for surplus spaces within 1000 feet. The applicant has submitted a long term lease agreement with Mark Richman Properties Inc. which is satisfactory to the City Attorney. A copy of that lease is attached. 2 Planninjj Board Action: The Planning Board at its March 25, 2008 meeting adopted a motion by a vote of 7 ayes 0 nays recommending approval of the special use request with a condition. Parking Board Comments The City's Parking Board at its March 21, 2008 meeting reviewed the proposed application as part of its duties to comment upon use of off -site parking to satisfy required parking. The Board adopted a motion by a vote of 4 -0 recommending that the Green Monkey application be approved with the following conditions: (1) the Parking Board felt that the discrepancy in the Land Development Code allowing the use of leased spaces vs. payment into the Parking Infrastructure Fund in the Hometown District should be resolved; (2) the City should consider other options which could be used to assist in meeting parking requirements. Recommendation: The requested special use approval for a restaurant at 5734 Sunset Drive complies with the LDC requirements set forth for special uses in Section 20 -3.4, and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following condition is recommended: (1) If the proposed restaurant in the future is 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. Backup Documentation: Draft Resolution Application Location Map Letter of Intent Parking Lease Planning Department staff report (3- 25 -08) Planning Board Minutes Excerpt (3- 25 -08) Floor plans Public Notices SAY X: \Comm Items \2008 \4- 22- 08\PBO -08 -011 Special use Rest5734 Sunset CM Report.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE 5 LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL 6 RESTAURANT LOCATED AT 5734 SW 72 °d STREET WITHIN THE "SR (IUD -OV)" 7 SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND 8 PROVIDING AN EFFECTIVE DATE 9 10 WHEREAS, pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC), the 11 Applicant, Green Monkey, Inc.. has submitted Planning Board Application No. PB -08 -011 requesting a 12 Special Use Approval to operate a new general restaurant to be located at 5734 Sunset Drive within the 13 "SR(HD)" (Specialty Retail Hometown District) overlay zoning district. 14 15 WHEREAS, a general restaurant is allowed as a special use in the "SR(HD)" (Specialty Retail 16 Hometown District) Overlay zoning district subject to meeting general conditions specified in LDC 17 Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(13)(4)(b); and 18 19 WHEREAS, the approval of a special use requires a recommendation from the Planning Board' 20 and the approval of the City Commission after a public hearing; and 21 22 WHEREAS, at its March 25,'2008 meeting the Planning Board, after public hearing, voted 7 23 ayes 0 nays to recommend approval with a condition of the special use request; and 24 25 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 26 recommendation of the Planning Board. �- 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 30 31 Section l: The Special Use Application (PB -08 -011) submitted by Green Monkey, Inc. 32 requesting approval to operate a new general restaurant located at 5734 Sunset Drive, all located in the 33 "SR(HD)" (Specialty Retail Hometown District) Overlay zoning district is hereby approved subject to the 34 following condition: 35 36 (1) If the subject general restaurant in the future is determined by the Director of Planning, to be 37 adversely affecting the health or safety of persons residing or working in the vicinity of the 38 proposed use, to be detrimental to the public welfare or property or improvements in the 39 neighborhood, or to be not in compliance with other applicable Code provisions, the special 40 use approval may be modified or revoked by the City Commission upon notification and 41 public hearing 42 43 Section 2: This resolution shall be effective immediately after the adoption hereof. 44 45 46 47 PASSED AND ADOPTED this day of , 2008 48 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm Items\2008 \4- 22- 08\PB -08 -011 5734 Sunset Rest Resolution.doc 2 APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: City of South Miami Planning & Zoning Department 'y::.J... City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fad:: (305) 668 -7356 Application For Public Hearing Bellore 'Planning Board & City Commission Address of Subiect Property: Lot(s) Block Subdivision 5734 SW 72 Street- PB See - E x h i b i t "A" (Meets & Bounds: XSpecial Use _ Justifications for change PUD Approval Applicant: � Green Monkey, Inc. Phone: (310) 666 -3258 Representative: George M c A r d l e Organization: M c A r d l e & Perez, P. A. Address: 201 Alhambra Circle, #711 Phone: ( 305) 442 -2214 Co d 0 Spec i a 1 use permit for a Property Owner: Balogh Erdheim, Prtrsh Signature: X Mailing Address: 777 Arthur Godfrey Rd. Phone: (305) 785 -8394 1 reduced copy @11 "x17" Miami _ 20% Property owner signatures or lArchitectlEngineer: P3 . 4 �1 9) Phone: Affidavit attesting to mail notice sent � R Blitstein Design _ 444 -4433 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase I_Tenant/Lessee tAPPLICATION IS HEREBY ?.yiADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHE_CK THE APPROPRIATE ITEM: _ PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC Variance, a X . Letter of intent —Zoning Map Amendment XSpecial 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 explain application and cite specific Code sections: L X Cgntmct to P, Imba e - L e a s e Current survey (1 original sealed and d 0 Spec i a 1 use permit for a signedil reduced copy @ 11 " x 17 ") X 15 copies of Site Plan and Floor Plans' restaurant 1 reduced copy @11 "x17" _ 20% Property owner signatures or P3 . 4 �1 9) Affidavit attesting to mail notice sent Section: Subsection: age #: 4 7 Amended Date: X Mailing labels (3 sets) and map X_ Required Fee(s) The undersigned has read this comppleted application and represents that the information and all submitted materials are true and correct to e b 's Imowledge and belief. Applicant's Signature and title Date Phillip Asquith, President Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regullations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Petition Required Method of Pavmer.t 11/19/07 Date of PB Hearir Petition Accepted Date of Commission City of South Miami PB -08 -01 1 Special Use - Restaurant 5734 SW 72 Street Feet 0 300 600 900 1,200 1,500 / WIN ',, _��„ 5950 5798 5780 5712 6811 - -- -' s> 5750 6645 s6,, ig ,� Zj 5764 0 , s. s >�o s� s,' � �c ' >°, _ -- - — 6001 i 5927 5887 n ' 5690 eQ ® _ s�8v �sB 5801 SW 70TH ST t- 7001 ! - - - - -- - -: -- - - - - -- -- -- -- -- co m o _ i 5959 o `-`- -, 5715 � I F� 5820 ® m SW 71ST ST — 'SW TtST -ST Q SUBJECTO 6075 0 PR ERTYI. 5703 r f i , T DR SW 72ND ST , � 5950 ' � "' o s � m u, � ,� � 5800 � rn t, moo "5 5700 y�� _ _. _ _....- 5738 i -- zo ! 5685 5859 , i�, 5750 9 - - -- J 5829 = 5795 - -- --- 7230 or I ...SW 73RbJsr — - - - -- . - - - -- - -- — -- .._..— - -- -- - -- -- -- —— 5940 - - - - -- 7331 F ; 5624 m n - -- U j 7311 Q "' - - -... - 7320 I I 5950 - 3° 7310 = -- - - - -�� - - - - - . -- 5795 -- - - 7301 ~ N Jn' inn i -7 1 5850 i - — ' - -- - - 7320 - i - - - -- - 0 L — 9�'• . rn en - ... - 5791 7390 6022 ° ti 5901 sL - -- - - - -� - -- - - -- ' i 5901 5875 N 5801 7400 7400 5950 g -"- i f i i 5791 n ; - -- - - -- - - -- - -- - -- - -- -- - - -- 7420 - 7410 - -- 7420 S 74TH TER 7441 7430 ; ® -- j p. V 5890 m 5800 0. o o , 5730 7450 7440 � � • 7500 �f 7511sl n _ 7505 7500 , �'^ 7500 J - -- -= - -- - -- �'' -- - ' 7515 7500 �- = - -- - -- - -= _ ' - -- - - - -- - -- 7540 co 752�i -- 7520 7520 - -= � 1 7510 - - - - -- . --- -- 7541 7532 N L 7533 D - ___ 5991 rn ° ° °n ° 7563 n n nn n 7546 - _.__...- 7530 7550 - - - - -- - - --- -- -- - - — . 7549 j 6000 7601 7600 7601 7600 j 7611 - -� 5862 -- 7610 w T r > >� 51 A'3 " 5723 Made by City of South Miami, Engineering & Construction, 3/13/2008. GIS Data by Miami -Dade County (11/2007) GREEN MONKEY, INC. 5734 SNV 72nd Street South ' -Iiarni, Florida 33143 Telephone (305) 666 -3258 February 18, 2008 Julian Perez Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Letter of Intent for the Application for Special Use at 5734 SW 72nd Street, submitted by Green Monkey, Inc. as Applicant Dear Mr. Perez: The structure is located on 5734 S.W ._�end.Street. It will have 6,231 square feet of retail/restaurant on two floors. There will be 3,254 square feet on the ground floor and 2,977 square feet on the second floor. The ground floor will consist of 2,640 square feet of restaurant and 614 square feet of retail The second floor will consist of 2,977 square feet �c�c Z� s�.�(of :There will 31 parking spaces provided by lease. S iI�S�NCM Si,Ici(v� C%(9�t� We are applying for a Special Use Permit. As required by Section 20- 7.12(A) of the South Miami Land Development Code ( "LDC "), application is being made for special use permit under the Hometown District Overlay Ordinance for one general restaurant to be located on a portion of the ground floor of the above referenced structure. We have reviewed the "Required Conditions" of Section 20- 5.8(B)(1) of the LDC and are sure that the restaurant will not adversely affect the health or safety of any person in the vicinity and will, in fact, have a positive affect on the public welfare and improvements in the neighborhood. Thank you for time and consideration. Very truly yours, Green Monke By: Phillip Asquith, President PAl� G SPACE LEASF, This Parking Spsce AgiEerneM (" Agreement") is made and entered in this 2008 ( "Effoctive Date'), between GREEN MO day of April RIC]84AN PROPERTIES, INC., a Florida coepo onC'Landto d') �rPonc tion ( "Tenant ") and -MARK I • USE OF SPACF,. Landlord does hereby agree (31) undesignated parking spaces (the "Parking Spaces) atlthe South lOriiami Municipal Parking Garag located at 5829 S.W. 73 $tuner, South Miami, Florida 33.143 (the "Parking Facility"} for. the pang of vehicles of principals' owners, employees. guests acrd invitees of Tenant The Par ' include only numbered paging spaces within the Parking,Faci.lity. Spaces shall 2. TJ'W. This Agrcerr=t shall be for a term of sixty (60) months be my 11 issuance of a Certificate of Oecrapattcy or Temporary Cerctifieste of Occupancy, Za g on the date of the Tenant's retail store lo Occupancy 5734 S,1.tiV. 72 Street, South Miami. Florida 333143 by the City of So tb Miami ("CO Dste') and terminating on the last day of the sixtieth (60 "i) month following the CO bate ( "Termination Date'). 3. RENT. Tenant agrees to pay &C base monthly rent ("Base Rent'), which shall be THREE THOUSAND ONE HUNDRED AND 00/1,(}(1 DOLLARS ($3,100.00) per month, plus applicable sales tax, for the fret twelve (12) months following the Rent Commencement Date, in advance on or before the First (l') &%y of each month to Landlord or his argent by mail or in person to Landlord at the address listed below (the "Rent). 4. RENT COMMENCEMENT. Payment of rent, plus applicable sales tax, shall conatnence on the eadler of CO Tate or the date which is one.hutrdaed and twenty (120) days following the Effective Date ( "Rent Commencement Date "). 5. RENT ESCRI,AV614. Beginning on the first day of months I3, 25, 37 and 49 subsequent to Rent Commencement Date, Base Pent shall be one hundred and three per cent (103 %) of the Base Rent in the immediately preceding twelve (12) months, plus applicable sales tax. (E.g. the Base Rent for rmantlrs 13 through and including ,nwntb. 24 shall be 'THpEE, THOUSAND ONE HUNDRED NINTX =THREE AND 00/100 DOLLARS ($3193.00), plus applicable sales tax,). F. LATE CHARGE. If Tenant fails to pay to Landlord when due any instalMment of the P.cm or other sum due to Landlord, Landlord krill incur additional expenses and inconvenience in an amount not readily ascertainable and which has ndi bees elsewhere provided for between Landlord and Tenant. If Tenant fails to pay Landlord any installment of Rent or other sum to be paid hereunder within five (5) days after its due date, Tenant agrees to pay a late charge equal to five (5)- pm=t tr]ount. t -of the late a Provision for such late charge shall be in addition to all other rights and remedies available to Landlord hereunder or at law or in equity and shall not be construed as liquidated damages or a penalty, or limiting Landlord's remedies in any manner. In addition, Landlord may assess a One IIundred and No /100 Dollars ($100.00) charge for any cheek from Tenant returned to Landlord for insufficient funds. 7. TERA'ITNATION. The Landlord may terminate this Agreement fifteen days after written notice if the Tenant is in breach of this Agreement, including any abuse of parking priviJeges and/or violations of any applicably., laws, statutes, regulations, ordinances or posted parking garage policies. 8. TENANT'S USE. Tenant agrees to use the Parking Space for business purposes only, and further agrees not to use the Parking Space or any part thereof for any illegal or improper purposes; and Tenant further covenants that the Parking Space will not be used for any purpose that will violate any policies of insusa"ce on the Parking Facility or the premises in which said Pang Facility is l �l or which will increase the rate of premium the�rcof. Tenastt mall scot the coshes of the parldng areas timt vroutd be lot it any noise, disturbaatce or nuisance within neighbors. Temnt's access to the parlors Spaces shall be through the Lastcilord��d� tenants or its replaeemertt, at Landlord's sole discretion program or its 9. writing. xioti wherever any notice is required ar penitted hereunder, such notice shall be in writing. Aray notice or deem required or perinitted to be delivered hereunder q. all be deemed to be delivered, wbether ��y received or not, three (3) business days after it is deposited in the United States mail, postage prepaid, Certified or Registered Mail, Return Receipt Requested, or one (1) business day after delivery to a nmtionally recognized courier service, addressed to the parties hereto at the respective addresses set forth below, of at such other address as a patty may have hereafter specified by written notice. Landlord: MRP Properties, Inc. 1$500 NE 51' Avenue Miami, Florida 33179 Attn: Mr. Dark Richman Phone: 305.652,709$ Fax: 305.652.'7017 Tenant: Attn: S �F !�iM c�A V!fi" G Phone: (� 0 �� %L Fax' l o 31 66, 3z5g .DEPOSIT. The Tenant must pay to Landlord, upon executimn of the Agteemettt, a THREE THOUSAND ONE HUNDPED AND 001100 Dollars ($3,100.00) deposit to be held during the entire duration of this Agreement. Landlord may use this deposit to pay for any lost or damaged permit decals or any delbiquent amounts owed by Tenant to Landlord and Tenant shall be required to submit to Landlord the amount of. security deposit utilized by Landlord no later than the First (l °� day of the :following Month. 11. DISCLAIMER. Tenant afFirms.his understanding that Landlord does not furnish attendants for the parking of automobiles, and if anq employee of Landlord shall, at the request of the Tenant or Tenants employees, guests or invitees„ handle, move, park or drive any vehicle placed in the Panting Facility, then, and in c-very case, such employee shall be deemed the agext of Tenant, and Tint, not the Landlord, sha11 be liable for any loss, damage, injury or expense that ruay be suffered or sustained in connection therewith or arising from the acts of Tenant or any employee who may be acting as agent of Tenant. This Parking Facility only provides Parking Spaces and does not provide safekeeping for vehicles. Landlord will not be responsible if the vehicle of a principal, owner, employee, guest or invitee of Tenant is stolen or damaged. Any attendants that may be present at the Parking Facility are unable to verify the ownership of vehicles departing the Parking Facility. ALWAYS LOCK VPJJICLFS. Landlord is nc,t responsible for items left in any vehicle parked in the Parking Facility. The Tenant and its employees, guests and invitees park at their own risk and the Landlord takes no responsibility for valuables or possessions left in vehicles or any third parry damage that could occux while vehicles have been left in the Farling Facility and/or Parking Spaces. Landlord is not responsible for fire, theft, damage to, or loss of car or any article left in the Parking Facility and/or Parking Spaces, and all such risk shall be assumed by the Tenant. The S m.p.h. speed limit must be observed at all times. 2 12. TONG. Vehicles Fadar� Space or Fazed outside of delirteat� Parki s Landlord and/ parked in an which is not a numbezed Faces (i.e. not parl�ed Within or I.a°xdlo��s agent at the Fit's a par s ace o'�Y one shoWd its 'rchicle be towed xPense. Tenant assut�ec smJe Subject to tong by �n.4ibility astd cost 13. ArJT.giOR1TX. The gerso s and warrant to Landlord that such . �) executing this Agreement on behalf of T errant hereb that upon such execution this Aez on has been duly authorized b Agreement will be bindunt upon Y Y represent accordance with its terms, g p and erif rCeable a don t Tenant so garnet Tenant in 14- ""'DING. EFFECT. both the L.sndlord aad Teua This �lgrecrnerzt tl be effective only when it is signed Landlord does not give the T ne The Tenartt s submission of a signed gn and delivered by ant any intereest: right or option in the Parking Agreement for review by t, 15. EF-OKERS. � Spaces. I- attdtouxl and Tenant represent and `ith any broker in conrt�tion with this �nt to the other that they other harmless from all costs, losses Agreement. Landlord and Taml agree � indemnify have not dealt attorneys' fees and mpenses ' datnaics and exMses (inclu¢i g, without liremnify a d hold the reasonable wising Out of any brew of this��tion and �, F� 16. CI -'DICE OF CAW panty' the interpretation, validity, ' ��E' SEd Caffi cement - this laws of the State of Florida shall govern this •Qgreem•it shall be in MParrn Dade COUdnry Florida. If any A llxnt. VpnUe for any action under invalid or ustenforceable, the validity and enforceability of the P�vision of this shall not be -ilfected thereby. A�ec:ment is held to be remaining Provisions Of this Agreement 17. EN-11R.E AGR.EEmEzNT. _..__. _. no agreement shall be � eement contains the entire agreement bctw the a effective u change, modify or terminate this a the parties, and greertter�t is in writing and duly signed by the Fes► against whom ' tin whole or in enforcement is sought unless 18- EXCULI'�,,TION OF LAN13 members) to Tenartt or LOI:I). The liability of Landlord (and its Partners, Landlord uncler the tc(aa�os p this Or entity claiming by, (tough or under T p ers, shareholders or use of the Pa-lc U Facility went or arty matter relating to or at�sing out o tlt o �up�cy �f in the Parkin ty ndlor ,parksng Spaces shall be recoverable onl Parking Facility (and any Proeeedi from the sale tltcxeo y the interest of Landlord shareholders ')r Members) shall not be pe��Y liable for an �' and Landlord (and its partners, y deficiency. 19. ASSIGNMENT. Tenant agrees net -to assign this Agreement without the riot of I.�andlcrrd, Prior gsermissioir 20: ' SUCC;JE;SSORS AND ASSICRNS. Agreement shall inure to the benefit of and be terms ; Provisions and covenagts co°,tained in this successors and permitted assigns. g upon the parties hereto and their respective 21' WAIVER. One or more waivers of any covenant, tern or condition of this Agreement party shall not be construed as a Waiver of a subsequent breach of the same The consent c,r a by either pproval by either party shall not be conshued as a waiver of t� or condition. same covenazat, trim or condition. The consent or approval by either Party requiring such consent it a breach of the approval sbal1 not be deemed Pmt?' to or of any act by Clue other approval of any subsequent similar act. Without limiting the foregoinorrMd b La n'i2der unuiececsary consent to or with knowledge of a breach of any covenant or agreement contained in re this Agreement of an Y Bent greement shall not be 3 deemed a waiver of such breach, and no waiver by Landlord of an deemed to have beer made unless =pressed in writs Y pmvisord of this A �� and signed by Landlord, �' erzt shall be 22. LEGAL F_XTENSFS. If any activist oe the Prevail i'29 My shall be reiarbursed for proceeding is commenced by either Landlord or Tenant, judgment is rendered in such action or proceeding) able costs and attorneys' fees (regardless of whether a 2-1. l 1R T iZPRE't'ATIQh1. Captious tltroughOut this Agreement are for Convenience reference only and the words contained therein shall in no way be held to i srterpretatiIm, construction or meaning of the provisions of this Agreement. � ' modify, amplify or add in the 24. FQ7tCEE �lA,>[1RE. �Tcitlter covenant O this. i3�Y shall be required to perform any terra, cQndition, or went so long as such performance is delayed or pmVented by force rnaicure, which shall mean ,nets of mad, labor disputes (whether lawfut or oot), material or Iabor shortages, restrictions b any governmental aUtbOrity,,civil riots;- #hoods, and an other cause not reasotrably within the control of the party chdrning force majeure and t*d' by the exercise y of r due diligence such y or 'n pact, t* prevent or overcome. back of xrottey shat! not be deemed force majeure. PAY is gable, wholly 25. ESTOPPEL CERTIFICATE;. Tiaant shall within ten IQ 0).-days furnish to landlord, without cost, a written instturnent certi ( ) ys written request from Landlord lying to Landlord: (a) That this Agreement is Unmodified and in iu1i forco and ef%et (or if there has been a modificatiom that the sane is in full force and erect, as modiftcd), aind stating the modification; (b) The dates, if any, of tits Rent due and payable ruder this mains gelncng which ns unpaid; m Whether the Landlord lies flailed to perform any covenant teem or coardition under Us Agecerssrt and the nature of such failure, if any; and (d) Such other reasonable information as may be requested by the Landlord. IN jkr (TNESS W�REOF, the patties hereto have ex=uted above written. this Ag mcnt on the date f tat I�IRP j chuian TIES, I Frida c omti y: Name: Title: Pres Grit GREEN MONKEY, a Florida cocporat3on S Name: Phi 1p quith Tide: Vice - President 19 r r K 1! To: Honorable Chair & Planning Board Members From: Sanford A. Youkilis, AICP Acting Director of Planning t� Date: Larch 25, 2008 Re: Special Use Approval Restaurant South Miami 5734 SW 72nd Street PB -08 -011 Applicant: Green Monkey, Inc. Location: 5734 SW 72 Street A RESOILUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOU'T'H MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL. USE APPROVAL., TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL. (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE APPLICAN'T'S REQUEST: Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant is requesting a Special Use Approval to operate a new general restaurant at the above referenced location. The proposed restaurant is located in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District. A general restaurant is permitted with Special Use Approval. A general restaurant shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design shall provide a sit -down area for the customers. S'T'AFF ANALYSIS (1) The applicant is proposing to open the "Green Monkey which will be a combination yoga center and restaurant in an existing two story building located at 5734 Sunset Drive. A yoga center is considered a personal skills instruction studio and is a permitted as of right use in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District. A restaurant use is classified as an "S" use which requires a special use hearing procedure. (2) The restaurant will be on the first floor occupying 2,640 sq.ft.; in addition there will be a retail novelty shop of 614 sq.ft. (3) The yoga studio will be on the second floor and will occupy 2,977 sq. ft. (4) Required parking spaces are as follows: restaurant -27 spaces; retail shop- 3 spaces; yoga studio- 12 spaces. A total of 42 parking spaces are required. The building at 5734 Sunset Dr. was constructed in 1970. The City Commission in 1969 granted a variance (Ordinance No. 26 -69 -658) allowing for the 5734 SW 72 St. Special use approval March 25, 2008 2 (5) building to be built without off - street parking spaces. Based upon the size of the first floor, 3,254 square feet, the building was essentially "grandfathered" or "credited" with eleven (11) off - street parking spaces by the variance approval. The first floor was occupied by a shoe store which would have required the same eleven (11) off - street spaces. A new use (i.e. restaurant, yoga studio) which occupies the building and has a total parking requirement above the current 11 grandfathered spaces will require that additional spaces be provided. In the case of this proposal 31 additional off -street parking spaces must.be provided. (6) The applicant has advised that they will meet their additional requirement of 31 spaces by utilizing off -site parking provisions set forth in Section 20- 4.4(F)(2), which allows parking requirements to be satisfied by a long term lease for surplus spaces within 1000 feet. The applicant must present a...lease agreement which is satisfactory to the City Attorney and City Commission. prior to final approval of the special use request. SPECIAL CONDI'T'IONS APPLICABLE: The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20- 5.8(B) 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. In addition, special uses may also be required to comply with supplemental requirements, which are set forth in Section 20- 3.4(B)(4)(b). In the case of a general'restaurant, the following requirements are listed: (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. A separate application for outdoor seating would be required. (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. PARING BOARD COMMENT'S The City's Parking Board at its March 21, 2008 meeting reviewed the proposed application as part of its duties to comment upon any use of off -site parking to satisfy required parking. The Board adopted a motion by a vote of 4 -0 recommending that the Green Monkey application be approved with the following conditions: (1) the Parking Board felt that the discrepancy in the Land Development Code allowing the use of leased spaces vs. payment into the Parking Infrastructure Fund in the Hometown District should be resolved; (2) the City should consider other options which could be used to assist in meeting parking requirements. RECOMMENDATION The requested special use approval for a restaurant at this location complies with the LDC requirements 5734 SYir 72 St. Special use approval March 25, 2008 set forth for special uses. in Section 20 -3.4 and the conditional use requirements set forth in Section 20- 5.8. Approval of the application with the following conditions is recommended: (!) Prior to the transmission of this application to the City Commission the applicant must present a long term lease agreement for 31 off -site parking spaces; this lease must be satisfactory to the City Attorney. (2) If the proposed general restaurants are, in the future, detennined 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 Location Map Letter of Intent Floor Plans LDC Section 20- 4.4(F)(2) Copies of Public notices SAY X:\PB\PB Agendas Staff Reports12008 Agendas Staff Reports\3- 25- 08\PB -08 -011 Special use Rest, 5734 Sunset.doc CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 25, 2008 City Commission Chambers 7:30 P.M. EXCERPT V I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Mr. Jorge Cruz was duly sworn in as the new Planning Board member. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Mr. Davis, Ms. Yates, and Ms. Chael. City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz (Administrative Assistant). IV. Planning ]Board Applications/Public Hearing PB -09 -011 Applicant: Green Monkey, Inc. Location: 5734 SW 72 Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 57.34 SW 72 °d STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE Action: Mr. Morton read the item into the record. Mr. Youkilis advised that the applicant is requesting a special use approval for a restaurant on the first floor and the Yoga studio which will be on the second floor. The restaurant use requires the special use approval. Both uses combined require total of 42 parking spaces. The building in 1969 was granted a variance allowing the building to be constructed without off - street parking spaces. Based on the size of the first floor the building was Planning Board Meeting March 25, 2008 Excerpt Page2of3 credited with eleven. off - street parking spaces. The first floor was previously occupied by a shoe store which required eleven parking spaces. The new use will be credited the eleven spaces however it must provide the additional 31 required spaces. The applicant has advised that they have a five year lease with the City Municipal garage. The lease agreement will be presented to the City Attorney and the City Commission prior to the final approval of the special use. On March 21, 2008 the Parking Board adopted a motion by a vote of 4 -0 recommending that the Green Monkey special use application be approved with conditions; (1) the Parking Board felt that the discrepancy in the Land Development Code allowing the use of leased spaces vs. payment into the Parking Infrastructure Fund in the Hometown District should be resolved; (2) the City should consider other options which could be used to assist in meeting parking requirements. Staff recommended approval with conditions Mr. Morton was concerned that the Board's recommendations made to the parking moratorium ordinance have not been seen by the City Commission. He was concerned that the Board might recommend an item having a condition regarding the parking moratorium. Mr. Youkilis advised that the City Attorney ruled that the ability to lease spaces as listed in section 20- 4.4(F) is available City wide including the downtown area. Therefore the applicant will satisfy the parking requirements with a five year long term lease without having to pay into the parking fund. Ms. Young questioned if the language "long term lease of five years" was indicated in the resolution. Mr. Youkilis .rep-lied -it was a decision made by the City Attorney. After the five years the business has to close if the parking lease does not continue. In doing a five year lease the applicant is given the opportunity to lease from another parking facility. Mr. Youkilis also advised that the parking situation may be resolved by either providing a five year lease, paying into the infrastructure fund, or with a variance. Mr. Cruz expressed concerns regarding the monitoring process and questioned who would carry the responsibility to ensure that the lease would not follow through for the complete five years. Mr. Youkilis advised that the when the annual renewal of occupational license is applied for a copy of the parking lease is required before the renewal is issued. Mr. Morton advised that the Yoga area illustrates showers however no dressing rooms are illustrated. Mr. Asquith, applicant, replied that no enclosed dressing rooms were provided due to the space limitations. Mr. Youkilis requested that the applicant indicate whether he had problems with staff's conditions and the applicant responded that he had no problems. Mr. McArdle advised that once the five year parking lease is drafted he will provide staff and the City Attorney a copy. Ms. Young questioned the name selection behind "The Green Monkey." The applicant replied that green is a color of renewal and also a happy color associated with the clean energy movement which is something important to them. Green is also a color associated with Yoga. The word monkey is happy, friendly, and non gender and/or age specific. It was a name which seemed to appeal to everyone. Motion: Ms. Yates moved to approve the special use application as presented and Ms. Planning Board Meeting March 25, 2008 Excerpt Page 3 of 3 Young seconded the motion with staff's conditions: 1. Prior to the transmission of this application to the City Commission the applicant must present a long term lease agreement for 31 off -site parking spaces; this lease must be satisfactory to the City Attorney. 2. If the proposed general restaurants are, 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. Vote: 7 Ayes 0 Nays XAComm Items \2008 \4- 22- 08\PBMin- 03 -25 -08 Excerpt Rest Yoga.doc 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 VERONICA PEREZ, 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 . CITY OF SOUTH MIAMI PUBLIC HEARING 4/22/2008 in the XXXX Court, was published in said newspaper in the issues of 04/10/2008 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 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 purpose of securing this advertisement for publication in the said newspaper. 'nA � Sworn to and subscribed before me this 10 A.D. 8 (SEAL) tar e, MARIA I. MESA rt Illy C� MMISSION # DD 750170 VERONICA PEREZ _p , Ily €tnow� March 4, 201[ . T,. s •; °. Bonded Tnru Notary Public Underwriters i, KP1 M CITY OF SOUTH H MIAMI NO` ICE OF PU13LIO HEARING NOTICE IS HEREBY given that the City Commission of the City.of South . Miami, Florida will conduct Public Hearings at its regular City Commission ;nieeting scheduled.for Tuesday, April 22, 2008 beginning at 7:30 p.m. 41 thd.City`.Commission Chambers, 6130 Sunset Drive, to consider the following items: A RESOLUTION OF THE. MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH :MIAMI, RELATING TO A REQUEST . ;. PURSUANT-.TO ;SECTION, 20- 3.4(B)(4)(b) OF, THE LAND .•_DEVELQPMENT..CODE, FOR A; SPECIAL USE APPROVAL TO LOCATEA:GENERAL RESTAURANT. LOCATED AT 5734 SW .72nd STREETWITHIN:THE_':SR (HD -OV)" SPECIALTY RETAIL _(HOMETOWN-DISTRICTOVERLAY) ZONING DISTRICT; AND i PROVIDING AN EFFECTIVE. DATE. .A;RESOLUTION_.OF THE: MAYOR AND CITY COMMISSION .THE ..CITY .. OF • SOUTH. MIAMI; FLORIDA RELATING 1. T4THE;ISSUANCE.OF A CERTIFICATE OF APPROPRIATE NESS -PURSUANT ;.;_TO.: SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A HANGING.;;:;SIGN. :; IN_;.;;TH1 FIRST FLOOR ARCADE j OF.,,A;, DESIGNATED_;HISTORIC . COMMERCIAL BUILDING LOCATED. _AT 5851:.,SUNSET DRIVE (SHELLEY BUILDING); i :PROVIDING AN EFFECTIVE DATE. ...A.-..RESOLUTION OF. THE MAYOR AND CITY COMMISSION OF;THECITY -OF SO.U.TH MIAMI, FLORIDA.RELATIN TO „: THE- :ISSUANCE, *OF•_A CERTIFICATE OF APPROPRIATE- :: NESS - PURSUANT, TO. SECTION 20- 5.19(E)(3) OF THE LAND :DEVELOPMENT CODE FOR 7 HE INSTALLATION OF A WALU ,._ =FLQTz 6&.ON`_A ,DESIGNATED HISTORIC. COMMERCIAL BUILDING LOCATE- AT,5851 SUNSET. DRIVE :(SNELLEY `. BUILDING);: > ADING,AN EFFECTIVE DATE. ,A RESO.LUTION,OF.THE MAYOR AND CITY COMMISSION F•:T OHE CITY.OF SOUTH MIAMI, FLORIDA RELATING TO 'THE . ISSUANCEr OF A CERTIFICATE OF APPROPRIATE - NESS`; PURRSUANT, TO SECTION 20- 5.19(E)(3) OF THE LAND. DEVELOPMENT, CODE FOR THE REPLACEMENT OF... FRONT. FACADE .WINDOWS AND DOORS ON A DESIGNATED HISTORIC COMMERCIAL' BUILDING LOCATED . :AT 5712., SUNSET DRIVE (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE. AWORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING -THE EVAULATION AND APPRAISAL REPORT (EAR)..BASED TEXT AMENDMENTS TO.THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE:: GOALS;.- OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND -USE;TRANSPORTATION;' HOUSING; INFRASTRUC- ,TURE;.CONSERVATION; RECREATION AND OPEN SPACE; - ,;;;.INTERGOVERNMENTAL .COORDINATION; AND CAPITAL IMPROVEMENTS;.; PROVIDING FOR SEVERABILITY, ORDI- NANCES IN, CONFLICT;:.AND PROVIDING AN EFFECTIVE DATE.. . NO' TICE IS.. HEREBY also - given that the regularly scheduled second maetitig for the mbnth.of April was moved from April 15 to April 22, 2008. If you have any inquiries on the above items please contact the Planning Department's office at: 305- 663 -6326: ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pttrsuant;to Florida Statutes 266.0105, the City hereby advises the public thst if a person .decides to appeal any decision made by this Board, Allency or Commission with respect to any matter considered at its maeting or hearing, he or she Will need a record of the proceedings, and, that for such purpose; affected person may need to ensure that a verbatim re-lord of the proceedings is made which record includes the testimony and `evidence upon which the appeal is to be based. ' 4/10 08- 3- 64/998049M 0 0 N J a 0 z a LU F P C) E 0 u Em V) 99 AAA - OW, A yoga based class also combining as5rt Pilates and Tai Chi instructed b y _ t tk'MI' World Champion Martial Artist and tiahu` fitness instructor Nicole Plummer. m a Top quality classes to hel p People trt.w_ improve and maintain health in .a _ positive and fun way. Classes held Monday, Tuesday, and Wednesday from 12:00 p.m. = 1:00 p.m. Academy of Martial Arts 2830 Oak Ave. Coconut Grove, Fl. 33133 (305) 796 -1664 Challengeyourfitnes s @eartliliiik. net ss "®URTSY NOTICE . CITY OF .SOUTH MAMA, FLORIDA On Tuesday, April 22, 2008, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: r A RESOLUTION . RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A�SPECIAL USE APPROVAL TO LOCATE A GENERAL' RESTAURANT LOCATED AT 5734 SW 72n1 STREET WITHIN THE . "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT. A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION :20- 5.19(E).(3)- OF THE. LAND DEVELOPMENT CODE FOR THE. INSTALLATION OF A HANGING SIGN IN THE FIRST FLOOR ARCADE. OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). A RESOLUTION RELATING TO THE ISSUANCE,OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OFA WALL/FLAT SIGN ON A DESIGNATED HISTORIC .COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). . A RESOLUTION. RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19.(E)(3) OF THE LAND DEVELOPMENT'CODE FOR THE REPLACEMENT OF FRONT FAgADE WINDOWS AND- 'DOORS ON A DESIGNATED' HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET.. DRIVE (CROSSROADS BUILDING): AN ORDINANCE ADOPTING THE .EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH -MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE-GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS. NOTICE IS HERESY given that the regularly scheduled second meeting for .; the. month of April was moved from April 15 to April 22, 2008. I you have any inquiries on the above items please contact the City Clerk's office at: 305 - 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMG . City Clerk Pursuant to Florida Statutes 286.01.05, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Coinmission .with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is rrade which record includes the testimony and evidence upon which the appeal is to be based. 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 V. PEREZ, 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 CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING REGULAR CITY COMMISSION MEETING - MAY 6, 2008 in the XXXX Court, was published in said newspaper in the issues of 04/25/2008 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 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 purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 25 _ A.D. 8 (SEAL) V. PEREZ personal) ........... ac I hSARlA COF:Qir1i55!Otq Oi: ?;0110 EXPIRES vlarc;l a. 012 bonded lhru troteR Ptibk Undenvdters ,CITY OF .SOUTH MIAMI WOT16t OF PUB.L.110' HEARING NOTICE IS HEREBY given that the City Commission of the City of South Florida.. Miami, will, conduct. Public Hearings at its' regular City Commission meeting scheduled for Tuesday, May 6, 2009 beginning at 7:30 p.m. in the City, Commission Chambers, 6130 Sunset Drive, to consider the following.items. - . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY .OF,SOUTH MIAMI, RELATING TO A REQUEST ' PURSUANT; TO' SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT, CODE. FOR. A SPECIAL USE APPROVAL TO . LOCATE,A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHINTHE ". SR (HD -OV)" SPECIALTY RETAI (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AN .PROVIDING AN EFFECTIVE DATE. ` A RESOLUTION _OF THE MAYOR AND CITY COMMISSION . OF;THE CITY OF.`$OUTH.MIAMI, FLORIDA RELATING TO THE ,:. ;ISSUANCE.'.OF..A,'.CERTIFICATE OF APPROPRIATE -, NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT. CODE . FOR THE . INSTALLATION OF A HANGING SIGN IN,THE FIRST FLOOR ARCADE OF A DESIG- NATED. HISTORIC COMMERCIAL' BUILDING" LOCATED AT 5851,_SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. _..' _A „RESOLUTION ?OF'THE MAYOR AND CITY COMMISSION ' bF. THE CITY .;OF:'SO0TH MIAMI, FLORIDA .RELATING TO , THE ISSUANCE , OF° A'. CERTIFICATE: OF. APPROPRIATE - NESS.PURSUANT TO SECTION 20 5.19(E)(3) OF THE LAND DEVELOPMENT. CODE FOR THE INSTALLATI.ON.O.F AWALIJ . FLAT; SIGN; ON`A: DESIGNATED HISTORIC ,'COMMERCIAL; BUILDINd.LOCATED AT 5851 SUNSET DRIVE_(SHELLEY BUILDING), PROVIDING AN EFFECTIVE DATE.. :: °'... . A RESOLUTION OF,THE MAYOR AND CITY, COMMISSION OF THE CITY OF'SOUTH'MIAMI, FLORIDA "RELATING_TO THE; ISSUANCE. OF: _A; CERTIFICATE OF APPROPRIATE- 'NESS;PURSUANTTO SECTION 20- 5.19(E)(3).OF THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT FAOADE `WINDOWS,, AND ;DOORS ON. A .,DESIGNATED . HISTORIC'COMMERCIAL BUILDING LOCATED AT 5712 SUNSETDRIVE (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF SOUTH MIAMI., FLORIDA, ADO.PTING..THE EVAULATION AND APPRAISAL REPORT (EAR) TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS,,, OBJECTIVES,.AND POLICIES FOR THE FOLLOW - ING :COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTER - GOVERNMENTAL . COORDINATION; AND .. CAPITAL IMPROVEMENTS;; PROVIDING FOR SEVERABILITY, ORDINANCES. IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. If you have any inquiries on the above -items please contact the Planning. Department's office at: 305 - 663 -6326. ALL interested parties are invited to attend and will be heard. ` Maria M..Menendez, CMG City Clerk Pursuant to .Florida Statutes 286.0105, the City hereby advises the: public,lhat IF a person decides to. appeal any decision made by this. Board; Agency or.Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings,;. and that.for such purpose, affected person may need to ensure that a verbatim record of. the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 4/25 08- 3- 114/1006006M UK OD 0 0 N n N _J Q r 0 z 0 a w LU a a x 0 L W E 0 u E io E V) tD GET RESULTS: ACTION LINE 4 South Wilami Community CentET Wed & Fri 11 am Tues & Thur 7 pm Sat 9 am Cutler Ridge Park Tues 10 am Thur 11:30 am Fruit & Spice Park Sat 11 am 305 -343 -6365 www.abideinchi.cori C`0' COURTESY NO= E CITY OF SOUTH MIAMI, FLOWA On Tuesday, May 6, 2008, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive; the City Commission will hold Public Hearings to consider the following items: ' A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREET-WITHIN-THE "SR (HD -OV)" SPECIALTY RETAIL, (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT. J A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE . OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A HANGING SIGN IN THE FIRST FLOOR ARCADE OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A WALUFLAT SIGN ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT FACADE WINDOWS AND DOORS ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DRIVE (CROSSROADS BUILDING). AN ORDINANCE ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS. If you have any inquiries on the above items please contact the Planning and Zoning Department's office at: 305 - 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, C:M0 City Clerk. Pursuant to Florida Statutes 286. 0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon Which the appeal is to be based. 13 VLtiMlJORS CAL N01i 'CALENDAR, FROM 69 o Miami Springs Recreation Center, 1401 Westward Dr., Miami Springs. Poets and Writers Forum: Monthly forum in which poets and writers can share the joy of words;1 p.m. Satur- day, May 3; North Miami Beach Pub- lic Library, 1601 NE 164th St., North Miami Beach; free admission. 305- 932 -0907. Read2Succeed Tutoring Services: Read2Succeed, Inc. offers tutoring services in various subjects, includ- ing reading and math, for students in kindergarten through fifth grades. Tutors include three Miami -Dade County- certified teachers and a nationally certified FCAT strategist. Call for appointments. Gold Coast Railroad Museum, 12450 SW 152nd A yoga based class also combining Pilates and Tai Chi, instructed by World Champion Martial Artist and fitness instructor Nicole Plummer. Top quality classes to help people improve and maintain health in a positive and fun way. Classes held Monday, Tuesday, and Wednesday from 12:00 p.m. - 1:00 p.m. Acadetay ®f Martial Arts 2830 Oak Ave. Coconut Grove, Fl. 33133 (3 05) 798-1684 Challengeyourfitness@earthlink.net Florida Keys �rl Gy, May 9 v CEU Classes for Professionals Green Living Awards Ceremony ® ® ® a:.c o- Workshops, �� t�. Educational Nryoksl�`opsx tk T.7`.i�,`+.x�"'.�'?it yiF S art" ,�'^!k,?f 9 ,•� �Y��3...i�a �"$ T ` ° AO Alterncl lve l Der � f , .�J:r P . e iYrs,ar.Y' riy...,�' �kJ 'u avL 'cev 'D F -p ,! arllc Farmer�s� �r >�Y,��_��caai�srhllci A yV n� vk Z. Register to win a Zap p y3 EZ ' Electric Scooter p Courtesy of 35® ®W9FJrer ®FC�rwuh aiwM�' '# • EcoGmricO- F (Turn at MM 5f3 pc'enslde �, 'Rig Keyswide Green Home &'Garden Tours "° Lan Wa ter Eco Tours Organic Mother's Day Brunches %,�lrertnr.keysGLEE.com for more information n- ' " _ RG Mechanical Florida Keys Reginald Garrido &%yVCst, �� wwZUZy =O0 FZOa �Yx -OmNJ r rz.Q of OzwaU°o :OjZF -a c, Mc �arO wwwo .,�QNN >XC gOCKwOw' U : Or.K OrQ7KU>O0pmQm 7UaY ZwO Q ZN L C>LL• 5W U. rn -z zao °z zo =�Nt. ,c t i ¢<x rcW3o '0- Lly Z imO K>U O CC wN.6Z 6, ' ::Om ZO K U) <OV =awr.:';,$L�w3cc c9 LL< OMU LL'f...O Z. w zrr2O:.,w -CLOWD gmwwUZ. ¢W>WW pmDgwziu o�wz�< W"!-0 m z WSO'O.m PT <OOaNOU :'.:Z •.'¢oZwo� z NO. -.F- NSUZH KONYi¢ KoZ = >J 22 o ZOZrWK¢ ¢U r02O QU < q.< U�y "''t''OCQ0a6 IS W WLLWtfi20 W ZON W O41 > � � L L'N N W� e pE5 ..LL~1y - -W r NC/i.�ILKZ Q QwO-mO W S�d9 N m { W> E C 9:.G'N'T.E S Nq ?UFpa�;W.UZ , ,ixm,w - K 'y,.�0 . mo y.m do I EwQwwz: -io'o- . .,�rQ = u, ' TacUo F=LUQ.. >6�ZJ U IwQE o om: • •. -E 7.0 >W'.OZ - :UOp[LQ WZ O > „m o �maoda . 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Ow'5w�' o Gc�vi ¢��o <Utpnr�•U21= -a U.?- <U U),<LL 1 p O O N 0 E i = E O d N U n U w a 4.. s� LLJ m E d E c_ oc U N L t W v m '> > m p v 'o $ 1' y °e• d =E° ��«a��mU3m ('n^ nN--i• ndd�Ediu m`° �� Edd• -�,N0 Vl 9 d N i C o d E h - c m w o E Z O O L t�y ELL ^ C o G C EmZ = O Ec` m n.0 0 d O °-vZ c d C D L ° a N L O d p dLO o n a�N aN 2 cm °d midm LW 'Oo ONE c ° o 0 O d n °Z O=C ¢ d dn; y Ec c O Y d m2_ Rs W p C N d d L N v f 6 E a w ; JC r c Q� v u ° cWZ�mLV 2Z c - q O Q YO Wd° ¢ ov >° ¢ _Q y LL O W C O C D S '�•� O y LL d y LL O U X X J O n m c O -2 ui 7 G Q ; U d o d O } i m m t c 3 Q (~LL n U >eQ dc U a 9 Q¢ULLL Nd p p O O N 0 E i = E O d N U n U w a 4.. s� �,50" ", COURTESY NOTICE CITY -OF SOUTH MIAMI,. ��.R 1 FLORIDA On Tuesday, May 20, 2008, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold. Public Bearings to consider the following items: A RESOLUTION RELATING TO AN APPEAL OF A DECISION, OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD TO DENY PROPOSED TAKE -OUT OITDER SIGNAGE FOR CARRABBNS ITALIAN GRILL AND OUTBACK STEAKHOUSE . RESTAURANT LOCATED AT 5829 SW 73 STREET (SOUTH. MIAMI MUNICIPAL PARKING GARAGE). A RESOLUTION RELATING TO.THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT. TO SECTION 20- 5.19(E)(3) OF THE. LAND DEVELOPMENT CODE, FOR THE .EXTERIOR RENOVATION, PAINTING AND SIGNAGE- ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5904.SUNSET''- DRIVE (AMSTER BUILDINGS). ` A RESOLUTION RELATING TO A REQUEST .PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE: LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72n1 STREET.-WITHIN THE "SR (HD- OV) " :.:.: SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONIN DISTRICT. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY CREATING . SECTION 7 -16 "PRE-, CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES;" REQUIRING CONSTRUCTION SITES .TO BE KEPTAN.k CLEAN AND ..ORDERLY CONDITION; REQUIRING THE -.INSTALLATION OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION ALONG THE. BORDERS. OF THE SITE AND TO PROVIDE DETAILED'' PROCEDURES FOR OBTAINIIdG FENCE . PERMIT, PRIOR TO .: CONSTRUCTION... AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE. OF ORDINANCES BY .MODIFYING SECTION, 7- 15.2-x= "DEMOLITION REQUIREMENT STANDARDS" TO PROVIDE ..:. ADDITIONAL CLARITY AS TO PROCEDURES FOR OBTAINING.'. FENCE PERMIT PRIOR TO DEMOLITION.AND'CONSTRUCTION; PROVIDING FOR SEVERABILF-Y; ORDINANCES Ifs - CONFLICT; -AND AN EFFECTIVE DATE. AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE � OF :- ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.:1 (H) AND (J) ESTABLISHING PROCEDURES FOR PUBLIC.COMMENTS IN': ORDER TO FACILITATE AN ORDERLY PROCESS .IN`.MANAGING.:_'. PUBLIC COMMENTS. AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND''' DEVELOPMENT CODE SECTION 'TO '20 -5.9 „ENTITLED. "VARIANCE' APPROVALS” IN ORDER ADD. 'A_. SUBSECTION .:.(H)' PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 204.1(13)(3)(h) IN ORDER TO REMOVE THE EXISTING GUIDELINE. AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT. AN ORDINANCE AMENDING THI= CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING .FOR A.RE:STATENIENT OF. THE PLAN TO . CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN. TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION. AN ORDINANCE ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH,. MIAMI- COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVI =S, AND POLICIES FOR . THE - FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE . LAND USE;TRANSPORTATION; HOUSING;. INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS. If you have any inquiries on the above items please contact the Planning' and Zoning Department's office at: ;05- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises_ the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that .a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 31 .0 . 0 0 } Q L } a 0 z Ln 4 w x w `o C, Z ' E 0 n ra N tr14 _ - Q a; µ � Z.' N . .._ .Q: ... - Z W ij {�CO_URTESI( NOTICE,F _ a - I �CII`Y OF SOUTH }MIAMI; FLORIDAr? rfg On Tuesday; June .3,- 2008 beginning atI 30 p m in the;City Commission j Chambers; 6130 Sunset Drive; the City Commission -will hold Publlic Hearings to consider the following Items: s r p ' •'. r '. ' �!' w d . .. Y/Y'- - ; :� -. j ERs` � ,�,�� { A 'RE' _APPEAL 'A' - :THE " ENVIRi1NMENTAL ;;REVIEW'`AND•,PRESERVA VIA; BOARD,r,TO'DENY 3f . �`: ' ;PROP OSED TAKE- QUT.ORDER SIGNAGE' FOR .CARRABBA'S -ITALIAN GRILLE a •..:. }'lANW OUTBACK STEAKHOUSE RESTAURANT LOCATED AT15829 SW--73t,--4j STREET (SOUTH MIAMI MUNICIPAL �s� �• A RESOLUTION RELATING TO THE ISSUANCE OFP CERTIFI AE O - I 5 . 1 SECTION 20 19(E)(3) OF THE ANDx r APPROPRIATENESS PURSUANT TO itd:DEVELOPMENTfCODE FOR THE EXTERIOR RENOVATION PAINTING AND t* !' NA' DE_ SIGNATEDHISTORIC. i f'�1K7 SIGNAGEO, COMMERCIALBUILDINGLOCATEIJ"'4,' AT 5904 SUNSET DRIVE (AMSTER BUILDINGS) y>' >?;Tr , fj^:�^t � ' A RESOLUTION- RELATING TO A REQUEST PURSUANT TOS ECTION -" .20- 3A(B)(4)(b)'OFTHE LAND DEVELOPMENT CODE FOR A.SPECIAL USE i APPROVAL-TO LOCATE A.GENERAL.RESTAURANT-LOCATED AT, 5734 SW 72nd1TREET WITHIN THE ,+'SR (HD -OV)' SPECIALTY RETAIL (HOMETOWN" DISTRICT OVERLAY) ZONING DISTRICT +uJ rii n i E � A RESOLUTION RELATING TO A REQUEST FOR AVARIANCE "FROM SECTION -'20 -3 6 :E). OFTHE LAND DEVELOPMENT.CODE'.TO;ALLOW WA "NEWS _ . SINGLE FAMILY HOME TO.HAVE A.REAR;,SETBACK Of,19.1 FEEr WHERE a A MINIMUM 25 FOOT REAR SETBACK 'IS REQUIRED: ALL ON A PROPERTY .. t WITHIN AN "RS -4" SINGLEsFAMILY RESIDENTIAL USE DISTRICT, LOCATED -AT 6407 sW 57TH COURTao�s'cv^ a ay x «.`r a,z s^^2��' - �: .;: r. - 1, . D'.Sy.sC iL 9 Q'; �,,jJi'+ 41 AN ORDINANCE AMENDING- CHAPTER7,OF THE SOUTH MIAMI CODE OF ?, ORDINANCES `BY CREATING -SECTION'_? 16 ".'PRE- CONSTRUCTION AND*. CONST.3UCTION'STANDARDS .FOR,SITES 'REQUIRING CONSTRUCTION SITES 1.0 BE KEPT IN A CLEAN ANY-ORDERLY CONDITION; REQUIRING THE - 1NSTALrATION OF CHAINIINK FENCE PRIOR.TO CONSTRUCTION ALONG E THE BORDERS'QEJHE-SITE; AND70, PROVIDE 'DETAILED PROCEDURES. FOR DETAINING FENCE PERMrr PRIOR TO CONSTRUCTION "' is AWORDINANCE AMENDING:,CHAPTER17 OF THE SOUTH MIAMI CODE OF- ORDINANCE' BYt, MODIFYING.. SECTION: ,7,15:2 ;'DEMOLITION i f. REQUIREM. ENT, STANDARDS' ;TOPROVIDEADDrrONACCLARITY'ASTO , ,PROCEI)URES:FOR,OBTAINING FENCE.;PERMrr ,''PRIOR TO ;DEMOLITION �x 4 AND CONSTRUCTION »--=- -r- •- - - - " - rtj x AN ORDINANCE.. RELATING #•TO 'AMENDING',tRb' CITY S CODE OF � `I � *4bRDINA,NCES :,CHAPTER.i2, ARTICLE FSECTION 2 21 (H) ANDS (J) ESTABLISHING PROCEDURES FOR PUBLIC COMMENTS IN ORDER` ( rFACILMITEAN ORDERLY PROCESS,IN MANAGING PUBLIC COMMENTS.,N -J, s �ANORDINANCERELATINGTOAREQUESTTOAMENDLANDDEVELOPMENT + '' CODE.ECTION 20-5.9 ENTITLED { "VARIANCEIAPPROVALS ";Ifl;ORDER TO AD1l-kSUBSEcnON (H)• PROVIDING`CRrrERIA FOR•'. REVIEW AND �dAPPR%lNG VARIANCE APPLICATIONS; AMENDING SECTION .20-6.1 (B)(3) .: (h) IN ORDERTOREMOVETHE 6111 ; } « _- ff you have any inquiries on the above rtems•please contact the Planning and Zoning f Department's office at 305 6636326. - ':f ALL interested parties are mvRed to attend and will be heard --r,: a Y -el ; ; y {j lt tf i4�y Off fA -.� a. ' i�•� Af Mana.M Menehdez CMC d f.City Clerk, t i Pursuant to FlYiri is Statutes 266 0105; the City.hereby advises the public that ff a!persbn decides .s td appeal decision made by -ffiis Board, Agency or Commission withirespect to any matter considered, atits meeting-or tfearing, he or she.will need -a reco[tl of the prde6idirigs; and that for:. ' such purpose, affected person may..need to ensureahat a verbahm' record of .the proceedings is .made which record includes the testimony and evidence upon which the appeal. is to be based.- CU. r ?�. > w? m, W y 2 Y$ W G•Y..;Y .S O C .i. `r UT rmmi g -T" o T r o0a 'zmwica zoWOZOFwb zroo3rr,, zrowr N• w .0.c -O arzpx'w >_e'ON¢Z�N� -z- rnzwq.a,xYoz, Nz.KW a�jW 5 �! w,,<n 0 y0 zLL'Y KiU �rZOUYf a ..iF0 x.02 Nw' 1.a>o .W ^rte. • MW =Nm Q•i10. • �, _ ,'oY`a"N �w� �o >' - ��gaLLwoB!Z"` ?OaaaN Q - .mi,6> �-?LOw N D-a. ., -Y crm ww.-i¢lr OOwm-b. ga o¢ozowz;V Q m Diu �< xw v� 9 ,F.¢ ¢ �- O.w.>sO ��w¢x ='mr W mw� pow¢p V' �owwoz�r ZA. �p..Na c? col ozr•N > ;_� Emgm OpJ Fx- mmO.i.Z pW m`wW OO'77� Or-°Qox OU Or NohK3W .F c4=mE .�w LLZNO a aw¢ZO�o ¢WmV �F•w ,GW w1r�;N •,i.m.,...UQ�V.,.: p�O�,w�alC7......p iLL�'w ¢,U d- ..�...x a �:nUw_ Kx.00m Ow U.. aso>opozzrz «�B' -o °v, .�a_Cc..aia -��cri <z�,oi� IL ..:_ILL IL- 1,5S'' wxciw oaa¢- w,- Owo"oz fopWioz i�uwio aHalw� 5 >>E.. x5w'^r Jwa x° N ¢_° `xx_ z g wxf a:°m OWt'm 8�_d LLyOao��w`$ r�NLLO�zU,�� r=crio�QY ;> �5ooami�wo. zoa, —�o ZOW UN.m ��. ,ONNUW 3;�4. .ONWOO =Of�x Vp' z Uo. ~oao =zw ° Qmwz <w ° >o wzUPoz fopaw.� <, : ;.- w . +.«.• -.w SUUgtw <a°> Si o `Orr wx¢.. r� J .Z 6'xa ccm. t.:owa N�D iF NOazoK¢ :JU zwa¢"r: -aaiaO Iry N, %.l - FgLL.o 5 "wFxQwo.'' 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