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06-05-90� t W OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING June 5, 1990 7:30 P.M. i� Next Resolution: 76 -90 -9103 Next Ordinance: 8 -90 -1448 Next Commission Meeting: June 12th, 1990 A. Invocation B. Pledge of Allegiance to they Flag of the United States of America C. Items for Commission Consideration: 1..,Aproval of Minutes ` a May 2 1990, Special City Commission meeting b. May 15th, 1990, Regular City Commission meeting c. May 22nd, 1990, Special City. Commission meeting 2.City Manager's Report 3.City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: 4. , An Ordinance amending Ordinance No. 17 -87 -1289 A relating to the sale of alcoholic beverages by amending sections 4 -1, 4 -2 and 4 -6 of Chapter.4 of the City's Code of Ordinances by revising the distance requirements; revising establishments subject to the Code's provisions; adding definitions and hours of operation; providing for severability and an effective date. (Sponsored by former City Attorney 1st reading was 12/19/89) RESOLUTION FOR PUBLIC HEARING: 5. A Resolution approving in part and denying in part two (2) variances requested by Mr. & Mrs. John Schaeffer from the Planning Board of the City of South Miami, Florida. (Planning Board /Administration) RESOLUTIONS: 6. A Resolution appointing Ben - Stalvey to the Code Enforcement Board. ( Mayor McCann). 7. A Resolution appointing Reverend Rudolph Orjuna to the Code�Enforcement Board. (Mayor - McCann)_ 8. A Resolution appointing Charles Christopher Ball to the Code Enforcement Board. (Mayor McCann) 9. A Resolution appointing Jean Larkin to the Code Enforcement Board. (Mayor McCann) 10.' A Resolution declaring Thursday, June 14th., 1990, "FLAG DAY -SOUTH MIAMI "`and' urging citizens to join Tn the pause for the Pledge of Allegiance. (Mayor McCann) 11. A Resolution authorizing the purchase of Sony sound system and the purchase of carpeting and acoustical ceilings for Commission Chambers for a total price not to exceed $10,698.00 and providing for di'sCursement from Account No. 1716 -4670. (Administration) 12. A Resolution authorizing the City Manager to expend the sum of $10,000 for confidential informant payments and field operation costs for expanded drug and related narcotics investigations and to expend the sum of $1,000 to train an additional South Miami Police Department officer under Drug Abuse Resistance Education (D.A.R.E.) program and providing for disbursement from Account No. 1 910- 5450.(ol 131.180) entitled: Law Enforcement Special Trust Fund. (Administration) 4/5 4/5 3/5 3/5 3/5 3/5 3/5 3/5 3/5 r s: f t . ORDINANCES - FIRST READING: 13. An Ordinance amending the Commercial Development Board of the City of South Miami, 3/5 Florida, providing for number of members; providing for quoruml repealing all ordinances or parts of ordinances in conflict herewith and providing an effective date. (Vice -Mayor Carver) 14. An Ordinance amending Section 5 -1 of Article I of Chapter 5 "Animals and Fowl" of 3/5 the Code of Ordinances of the City of South Miami, Florida, by adding wildlife as protected under sanctuary provisions; providing for severability and an effective date. (Mayor McCann) REMARKS: I. Appeal: A resolution denying an appeal by Dabby Properties from the Environmental Review and-Preservation Board re: 5800 -5810 Sunset Drive II. Appeal: A resolution denying an appeal by Taha Shoes from the Environmental Review and Preservation Board re: 7250 Red Road III. Appeal: A resolution denying an appeal by Rival Electric, Inc., from the Environmental Review and Preservation Board re: 6350 S. Dixie IV. Appeal: A resolution denying an appeal by Rafael Diaz from the Environmental Review and Preservation Board, re: 5856 S.W. 64th Place You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceed;ngs Is ftde, which record includes the testimony and evidence upon which the appeal ts, based. ORDINANCE NO. yN ORDINANCE uF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING uPIDINANCE i`7- 8'1 -"i L35 -A RELATING TO THE SALE OF ALCOHOLIC ;BEVERAGES BY AMENDING SECTIONS 4 -, 4 -2, AND =-F+ OF cHAPTER µ of THE :i`IY' S CODE OF ORDINANCES BY H.EVISING THE uiSTANCE REQUIREMENTS: REVISING ESTAbLs SHMENTS "- UBJECT 'I O THE CODE'S PROVISIONS: ADDING DEFINITIONS AND HOURS OF OPERATION: PROVIDING FOR SEVERABIi,ITY AND AN EFFECTIVE DATE. WHEREAS. the Citv has established, pursuant to Chapter 4 of the Code of Ordinances 'of the Citv of South Miami, rules and reaulations reaardina the sale or alcoholic beverages within the Citv: and WHEREAS. the Mavor and Citv Commission wish to amend specific sections of such chapter in order to address distance requirements between iicensed establishments, to provide for definitions of establishments, and to reauiate hours of operation of such establishments; NOW. THEREFORE, 6E IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA: Section i. Section 4 -1 of the Code of ordinances is herebv amended as toilows: sec. .. Manufacture, sale. listribution aoverned by orovisions of this chapter. No person, corporation or other entitv shall enaace in the manufacture, sale, or distri- bution of aicohoiic beverages, except strictly under the terms and provisions of tnis chanter. -�ecT:on 'ecrion 4 -? i.aj or the Code of Ordinances is nerer)v amended ,-o read: ,ai Distance requirements i uistance rom a cnurcn, -(_-.nooi, or "_esiaentiai orooer_zv snail be measurea by :oiiowina a srraiant horizontal line from the nearest point ,f me orooerty iine or the orooerty on wnicn me or000sea iicensea estaoiisnment is to be located to the nearest point or the nrooerzv line of cnurcn. 3cnool or residential rooerrv. ''.1) in ail ozner eases. nistance shah be measured ry a straiant rorizontal _ine _ om rnP nearest point or tine perimeter waii of the cronosea establisnment to me nearesr mint or the oerimer_er wail cr the xistina estaoiisnment. (3) No oremises shall be used for the sale of alcoholic beverages where the orovosed licensed establishment is located less than five hundred (500) feet from another use as indicated in the following cnart. Section1.3.. The third sentence of Section 4 -2 (c) of the Code of f-irdinances is herebv amended to read: Abandonment shall consist of a chancre of use or of a suspension of active business with the oubiic ror a oeriod of six i6) months. or orior to the end of the period, uoon a written declaration of abandonment`bv the tenant and owner of the oremises, if under lease. and if not, ov the owner. Sec -ion 4. section 4 -2 (d) or 'cne 'Ode of Ordinances is nereov nmenaea to react, id) .�ketcn indicating location. For the ouroose or estabiishina the distance oetween alcoholic beverage uses and anv other use. the applicant for such use shall furnish a certified survev. Such survev shall indicate the distance in feet between the or000sed olace and anv other use. e t .n - . ecrion -._ (e j ,f -he Code of Ordinances is ereov menaea _o react: aim cr. ? on tD . : =cri _n _ -n ; a i or -ne t'oae or Ordinances is Wi a U) * 500 • SPACING 8 zz to to tW REQUIRED y W o a 0 H o H H O ~ A E+ H ► a >+ W +� C W H qM p t7 UU O p U U Z M z a z RESTAURANTS * 41 4e 49 BAR /LOUNGE 4t 49 a 4C NIGHTCLUB 49 4t « GROCERY STORES SUPERMARKETS PACKAGE STORES ' * • GIFT BASKETS; NONCONFORMING USES Section1.3.. The third sentence of Section 4 -2 (c) of the Code of f-irdinances is herebv amended to read: Abandonment shall consist of a chancre of use or of a suspension of active business with the oubiic ror a oeriod of six i6) months. or orior to the end of the period, uoon a written declaration of abandonment`bv the tenant and owner of the oremises, if under lease. and if not, ov the owner. Sec -ion 4. section 4 -2 (d) or 'cne 'Ode of Ordinances is nereov nmenaea to react, id) .�ketcn indicating location. For the ouroose or estabiishina the distance oetween alcoholic beverage uses and anv other use. the applicant for such use shall furnish a certified survev. Such survev shall indicate the distance in feet between the or000sed olace and anv other use. e t .n - . ecrion -._ (e j ,f -he Code of Ordinances is ereov menaea _o react: aim cr. ? on tD . : =cri _n _ -n ; a i or -ne t'oae or Ordinances is nerebv amended to read: (4) Package store shall include ail establishments engaged in the sale of alcoholic beverages for consumption off the premises only, but shall not include grocery stores and supermarkets. (5) Gift basket shall mean the sale of beer and wine oackaaed as oart of a gift basket from florists or retail gift - stores for off premises consumption. Section 7. Section 4 -6 (b) of the Code of Ordinances is hereby amended to read: (b) Hours of operation. It shall be unlawful for any person, corpo- ration or entity licensed for the on- premises sale of alcoholic beverages to sell or offer for sale such alcoholic beverages or to be open for business after 5:OO a.m. on any day nor before 11:00 a.m. on any day but Sunday. On Sundays, ail licensed establishments shall not sell or offer for sale such beverages before i:00 U.M. Section 8. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 9. All rdinances or parts of Ordinances in ccnrizct rerewirn oe. and the same are, hereby repealed. Section 10, Chis i�rdinance shall take effect immediately at r_ne -ime of its nassaae_. PASSED AND ADOPTED this _th day of June, 1990. APPROVED: MAYOR ATTEST: Am S TA F F REPORT PB -89 -037 February 22, 1990 Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 17- 87- 1289 -A RELATING TO THE SALE OF ALCOHOLIC BEVERAGES BY AMENDING SECTIONS 4 -1, 4 -2 AND 4 -6 OF CHAPTER 4 OF THE CITY'S CODE ORDINANCES BY REVISING THE ESTABLISHMENTS SUBJECT TO THE CODE'S PROVISIONS; ESTABLISHING EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS; ADDING DEFINITIONS AND HOURS OF OPERATION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ANALYSIS On December 12, 1990, the Planning Board held a discussion on the 1000' rule concerning alcoholic beverages. In response to that meeting (where a final motion was deferred), the City Attorney drafted this Ordinance which contains several exemptions to that rule to provide for no distance requirements between restaurants, groceries and stores which sell package goods as part of gift baskets, etc. (to differentiate from `package' liquor stores which are not exempt) from other establishments or residential areas. These uses would, of course, not be permitted in residential areas, but might occur adjacent to them. This ordinance would not exempt bars, lounges or nightclubs from the 10001 rule from any other establishment (including the exempted establishments listed above) or from any residential area. The Planning Board in the discussion of the 1000' rule proposed several categories of establishment with the possibility of separate distance requirements for each type of establishment. The following summarizes these categories: 1. Eating Establishment that serves beer and wine 2. Eating Establishment that serves hard liquor 3. Place that serves hard liquor with "bar food" only (like peanuts, pretzels and pickled sausages) 4. Restaurant with a bar inside Assignment of a category type to an establishment could occur during licensing based on an estimate of gross percentage of sales and monitored periodically. The Board suggested possible distance categories as _mil ,�ws. 1. No distance requirement. 2. Two hundred feet or no distance requirement. 3. Five hundred feet from the same kind of establishment only. 4. Not determined, but might fall into one of the above categories based on percentages of gross sales. Note: Distance would only be monitored horizontally, as structures might contain upper -level residential uses. I E X C E R P T E D D R A F T M I N U T E S Planning Board February 27, 1990 Commissioners' Chambers Tuesday, 7:30 PM PB -89 -037 Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 17- 87 -1289- A RELATING TO THE SALE OF ALCOHOLIC BEVERAGES BY AMENDING SECTIONS 4 -1, 4 -2 AND 4' -6 OF CHAPTER 4 OF THE CITY'S CODE ORDINANCES BY REVISING THE ESTABLISHMENTS SUBJECT TO THE CODE'S PROVISIONS; ESTABLISHING EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS;` ADDING DEFINI -TIONS AND HOURS OF OPERATION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. This item was deferred until the end of the meeting so that those persons who were present to participate in the last two items could be heard first. The Board returned to the first item on the agenda. There were no members of the public present. Director Lama stated that several months ago, this Board asked Staff to compile a list of categories of eating and drinking establishments. Included are: (1) eating establishment which serves beer and wine (2) eating establishment which serves hard liquor (3) establishment serving hard liquor with bar food only (4) a restaurant which includes a bar Mr. Mackey stated that these ar, this Board in their discussion meeting. In response, the City A 89 -037). This is the one whi meeting. The Board had a motior period, the Commission initia Attorney's Ordinance creates an residential property and other e in that Ordinance. Anything the Developments, restaurants in cer Districts where Restaurants are anyone that would sell liquor i basket, etc., are the only exeml the four categories proposed by of PB 89 -032 during a previous .torney drafted this Ordinance (PB ;h was advertised for tonight's to defer PB 89 -032. During that .ed their own Ordinance. The exemption from the 1000' rule for tablishments for the terms listed : is non - conforming, i.e. Planned .ain Districts (which are the only permitted), grocery stores and i a packaged item such as a gift :ions to the 1000' rule. Other than a State issued 1 -APS License which provides for the sale of beer only as a package item, !!,all liquor licenses issued in the City require City approval, specifically through the B & Z Department. It had previously been suggested by this Board that perhaps an Ordinance restricting establishments that sell liquor only from locating within 500' of each other should be considered. The choices for disposition of this are: i l , _ _ fy 1-he City Commissionl (2) deny the Ordinance from the City Commission (3) amend the Ordinance in any way the Board sees fit (4) reopen the previously discussed item, make a motion and pass it on to the City Commission as a separate item (5) table or close the previous item &only address this one erpted Draft Minutes 1 Planning Board 2 -27 -90 Chairman Andrews stated that he sees the problem to be one whereby the proposed Ordinance does not offer a compromise on the issue of encouraging development and reasonable restrictions against undesirable development. The elimination of distance requirements would solve part of the problem because of the dimensions of the City. The Board can, if it chooses, recommend that the Commission, at a separate time, consider changing the Zoning Code . to allow drinking places and eating places in the City all by Special Use Only. The Chairman can, by letter, request that this item be placed on the next Commission meeting agenda. Restaurants would be exempt from this rule. Eliminate the 1000 foot rule and instead establish that every bar coming into the City require a Special Use Permit. Mr. Ligammare made a motion to approve this request with the amendment that the Commission at a separate time review the Land Development Code to require a Special Use Permit for all drinking places in the City and rescind the 1000' rule. Seconded by Mr. Gutierrez. RESULT: MOTION TO APPROVE WITH THE RECOMMENDATION THAT THE COMMISSION AT A SEPARATE TIME REVIEW THE LAND DEVELOPMENT CODE TO REQUIRE' A SPECIAL USE PERMIT FOR ALL DRINKING PLACES IN THE CITY AND RESCIND THE 1000' RULE: 5 - 0. erpted Draft Minutes 2 Planning Board 2 -27 -90 PB -90 -006 Applicant: STAFF REPORT Planning Board Chairperson & Members April 10, 1990 Request: Discussion of an amendment to the Land Development Code that would include proposals to require a Special Use Permit for drinking places in all zoning districts within the City of South Miami. On February 27, 1990, this Board discussed the City Commission initiated Ordinance concerning the 1000' Rule and hours of operation for establishments that sell liquor for on and off premises consumption. The Board in its recommendation to the City Commission suggested that the Commission at a separate time review the Land Development Code to require a Special Use Permit for all drinking places in the.City and rescind the 1000' Rule. Please, find included information from that discussion on February 27 (Proposed Ordinance, Excerpted Minutes, Staff Report). The City Commission has deferred final decision on this Ordinance pending its revision by the City Attorney and requests further recommendations and guidance from the Planning Board. Section 20- 3.3(E) P E KM L T T E D USE S C H E D U L E South Miami Land Devealopmorat Cod• ZONII.m D13MC7. C P 1111112 I L M N S G I N P P P 0 A S S S S T T M M 0 0 0!! A I R !! SIC USETIr. :r 12346912 D E 8 4 9 C Clock 763 watch and Repair p I I 111111 11 Automobile Accessories and Parts P p 784 Video Tape RentalaStor Automobile Dealer I I III I I IPI P I P I P I I I 1111 UTAIL AND WHOLESALE TRADE 507 593 553 551 546 594 555 594 504 594 571 560 544 $73 599 54S 531 Air Conditioning Sales and Services p p 1 Antique or Curio Shop p p p 111111 11 Automobile Accessories and Parts P p Automobile Dealer S S 9.1 :.7, _ ;'.d-- ' axct l a Shop _ _ ^� e . baker Bicycle sales and Services p p p 11 Boat Dealer is S S 11161111 9 11 Book or Stationer Store S P P P Business Machine Sales and Services p p p 11 Camera and Photo Supply Store P P P 1161,1111 Car tin or floorin Sales p p p Clothing or Apparel Store (new only) p P P 11 Confectionery or ice Cream Parlor P P P 16 9 1111 Consumer Electronics or nusic Store Is p p Cosmetics Store p P p 11 Dairy Products Store p p g Department or Dr Goods Store p p p 12 Drinking Place P P P 16 7 M1 M= NUTES Plarzr- ,iricg Board Tuesday April 10, 1990 Commissioners' Chambers ?:30 PM PB -90 -006 Applicant: Planning Board Chairperson & Members Request: Discussion of an amendment to the Land Development Code that would include proposals to require a Special Use Permit for drinking places in all zoning districts within the City of South Miami. Chairman Andrews asked Planner Mackey to summarize the events leading up to this issue being brought before the Board on this date. Mr. Mackey stated that when the liquor ordinance came before the Board, during their review it was felt that, as written, the Ordinance continued to exclude bars, night clubs and lounges from being permitted within the City. This is a result of complying with the 1000' rule which does not allow any new establishment to come into South Miami. Thus, the Board decided that, perhaps, it would be better to require all drinking places in the City to be permitted only by Special Use Permit so that each application would be reviewed by the Commission. The 1000' rule would be rescinded and the Commission would make decisions on each application individually. Distance requirements would not be a consideration. The Commission, at their meeting on April 3rd, requested that the Planning Board review the Liquor Ordinance once again. The Commission deferred making a final revision on that Ordinance pending additional Planning Board input, particularly as regards the list of exceptions. The Board is being asked to make a recommendation concerning that previous Ordinance and tonight's discussion together. The Board was given three pages from the Code of Ordinances where the 1000' rule is written. It is not in the Zoning Code. Mr. Parr asked for clarification of Item 4 (a restaurant with a bar inside). He also suggested that, instead of totally deleting the 1000' requirement, perhaps changing it to 500' for places serving hard liquor with bar food only and a restaurant with a bar would be more practicable. Another consideration he felt should be considered would be the percentage of alcohol in relation to food being served. Mr. Mackey stated that presently under the existing Code, all restaurants in the NR and SR (South Miami downtown) districts must be located 300' feet from another establishment. Restaurants regardless of liquor sales are already distanced by 3001. This is a condition of the Special Use Permit for restaurants. Restaurants in the GR anr] T districts are allowed without any distance L et�lllr C1UCiY v • Mr. Gutierrez stated that all distance requirements should be eliminated, especially within the downtown area. Mr. Andrews reported that he had inquired as to the origination of these requirements and was told that, initially, they were created by existing businesses in an effort to keep competition from coming into the City. This is not necessarily in the best interest of the City. Mr. Andrews feels that the Special Use Permit is the best alternative. Ms. Gonzalez agrees that a "case by case" basis is good and the Special Use Permit provides the Commission with that power. But, she feels that there should be some additional criteria to follow in order to avoid being so liberal that very undesirable businesses cannot be refused entry into the City. Mr. Gutierrez stated that he feels it is not the concern of this Board to require a financial background on any prospective business. Mr. Mackey stated that all the Special Uses in the Code do have specific conditions attached to them. The Commission can vote however they choose. The applicant has the right to take legal action if they so desire. The burden of proof is on the applicant, not upon the City. A second set. of conditions must be developed for drinking places in downtown. The Code is established with these different conditions so that it is legally defensible. Motion made by Diane Gonzalez to remove the 1000' requirement for establishments serving food and liquor and replace it with a 300' requirement between drinking establishments. The second part of the recommendation is to remove the 1000' requirement from any food establishment and replace it with a 300' distance requirement between drinking places and residences. Motion seconded by Robert Parr. Vote: Approved: 5 Opposed: 0 RESULT: Motion by Diana Gonzalez; Seconded Robert Parr. "THE MOTION IS TO REMOVE THE 1000" REQUIREMENT FOR ESTABLISHMENTS THAT SERVE FOOD AND LIQUOR AND IN PLACE OF THAT 1000' REQUIREMENT PUT IN A 300' REQUIREMENT BETWEEN DRINKING ESTABLISHMENTS AND THE SECOND PART OF THE RECOMMENDATION IS TO REMOVE THE 1000' REQUIREMENT FROM THE FOOD ESTABLISHMENT TO ANY RESIDENTIAL PLACE AND REPLACE IT WITH A 300' REQUIREMENT FOR A DISTANCE FROM RESIDENTIAL TO DRINKING PLACE ": 5 -•0. ORDINANCE NO. 19 -87 -1291 AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, - AMENDING ALL SECTIONS OF CHAPTER XX OF THE CODE OF ORDINANCES OF THE CITY BY ELIMINATING ALL ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION FROM THE SCHEDULES OF USES PERMITTED; ESTABLISHING A NON - CONFORMING USE FOR EXISTING LICENSED ESTABLISHMENTS; ESTABLISHING STANDARDS FOR SPECIAL USE PERMITS TO BE ISSUED FOR ANY FUTURE ESTABLISHMENTS; PROVIDING FOR SEVERABILITY, PROVIDING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 20 of the Code of Ordinances of the City of South Miami provides for establishments serving alcoholic beverages as uses permitted in the commercial and industrial zones of the City; and WHEREAS, in conjunction with the revisions to Chapter 4 of the Code of Ordinances, the Mayor and City Commission deem it in the public interest to re- classify standards and uses permit- ted in the City for the provision of on- premises consumption of alcoholic beverages. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 5- 11 -3 -.03 is hereby amended as follows: 5 -11 -3 2_�' .03. Eating Establishments, including a restaurant, cafeteria or coffee shop, provided that there shall be no sale for on- premises consumption of alcoholic beverages except as provided by Section 5 -18 -2 herein; provided that there be adequate ingress and egress which will not create adverse traffic conditions, that a public hearing be held by the Commission to determine the overall compatibility of the proposed use with the neighborhood, and that it have only inside or patio service. Those operations of a walk -up, drive -in, quick service, or fast -food nature, which serve food in disposable or plastic containers are not permitted. Section 2. as follows: 5 -12 -3 That Section 5- 12 -3 -.03 is hereby amended .03. Eating Establishments, including a restaurant, cafeteria or coffee shop, provided that there shall be no sale for on- premises consumption of alcoholic beverages except as provided by Section 5 -18 -2 herein; provided that there be adequate ingress and egress which will not create adverse traffic conditions, that a public hearing be held by the Commission to determine the overall compatibility of the proposed use with the neighborhood, and that it have only inside or patio service. Those operations of a walk -up, drive -in, quick service, or fast -food nature, which serve food in disposable or plastic containers are not permitted. Section 3. That Section 5 -13 -2 is hereby amended by removing the following permitted uses: bar or lounge Section 4. That Section 5- 13 -3 -.01 is hereby amended as follows: 5 -13 -3 Special uses Permitted. .01. Eating Establishments, including a restaurant', cafeteria or coffee shop, provided that there shall be no sale for on- premises consumption of alcoholic beverages except as provided by Section 5 -18 -2 herein; provided that the use has only inside or patio service and no walk -up or drive -in service. Section 5. That Section 5- 13- 3R -.01 is hereby amended as follows: 5 -13 -3R Special Uses Permitted. .01. Eating Establishments, including a restaurant, cafeteria or coffee shop, provided that there shall be no sale for on- premises consumption of alcoholic beverages except as provided by Section 5 -18 -2 herein; provided that the use has only inside or patio service and no walk -up or drive -in service. Section 6. That Section 5 -14 -2 is hereby amended by limiting the permitted use of restaurants and cafeterias: 5 -14 -2 Uses Permitted. Restaurants or Cafeterias (excluding alcohol- ic beverage sale except as herein provided). 2 Section 7. That there is hereby created a new Section 5 -18 as follows: 5 -18 -1 Alcoholic Beverages: Non - Conforming Uses All uses in the City with a current and valid alcoholic beverage license or which have applied for a license for on- premises con- sumption on or before August 18, 1987 shall be deemed to be permitted non- conforming uses and as such may continue until found to be non- conforming pursuant to Article IX of this Chapter XX or as permitted to exist pursuant to Section 4 -2 of Chapter 4 of the Code of Ordinances. After August 18, 1987, the right to establish a use for the provision of on- premises alcoholic beverage consumption shall be as provided below. Prior to October 1—,1987, the Director of Building, Zoning and Community Development shall issue Occupation - al Licenses for all uses in existence as provided above which shall designate the primer use of the establishment as defined in Section 4 -6 of Article 4 of the Code of Ordinances. Any subsequent change of use by any applicant shall be in accord with the provisions of this Article and Chapter 4 of the Code of Ordinances. 5 -18 -2 Special Uses Permitted Special use permits for the establishment of 5 -18 -3 4 any bar or lounge, restaurant serving alcoholic 'beverages or nightclub, as all terms are defined in Section 4 -6 of Chapter 4 of the Code of Ordinances shall be as follows: a) Bars or lounges shall be specially permitted in the following zoning districts: C -2, C -3 and I. b) Restaurants serving_ alcoholic beverages shall be specially permitted in the following zoning districts: C -2, C -2R, C-3, I. c) Nightclubs shall be specially permitted . in the following zoning districts: C -2. Notwithstanding any other provision of the "Uses Permitted" sections of Article V of the Zoning Code, the above specifically permitted districts are the exclusive districts where such uses are permitted. Conditions for Issuance of Special Use Permits. .01 Compliance with all provisions of Chapter 4 of the Code of Ordinances. .02 Site Plan Approval. In addition to all requirements of Section 11 -5 through 11 -5 -6 of the Code of Ordinances, site plan approval shall be required prior to the issuance of a special use permit for any of the following: 9 a 4q- a) b) The construction of any new alcoholic beverage establishment; The construction of anv new parking building or structure in wnicn an existing or proposed alcoholic beverage Pstahli_ShmPnt iG lncatPd_ c) The expansion of the gross floor area of a building or structure in which an existing or proposed alcoholic beverage establishment is located. In reviewing a site plan for an alcoholic beverage establishment, the City shall determine it all conditions, as set forth in this Section have been met, whether appropriate landscaping has been provided, whether buffering of an appropriate nature has been provided between incompatible land uses, and any other criteria germane to health, safety and welfare of the community. d) Site- Plan approval shall require four affirmative votes for City Commission approval. Section 8. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 9. All ordinances or parts of ordinances in conflict herewith shall be, and the same are, hereby repealed. Section 10. This ordinance shall be effective immediately upon passage. PASSED AND ADOPTED this �Q day of , 1987. APPROVED: ATTE BEAD AND APPROVED AS TO FORM: CITY ATTORNEY PASSED ON 1ST READING: 8/4/87 PASSED ON 2ND READING: 10/6/87 Additions shown by underlinings Deletions shown by - - -- 07-7-11 4 ORDINANCE NO. 17 -87- 1289 -A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AMENDING ORDINANCE 17 -87 -1289 RELATING TO THE SALE OF ALCOHOLIC I, BEVERAGES BY AMENDING SECTIONS 4 -2, and 4-6 OF CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES, BY ESTABLISHING NEW DISTANCE REQUIREMENTS REGARDING LICENSED BUSINESSES, PROVIDING A DEFINITIONAL SECTION FOR ALCOHOLIC BEVERAGES; PROVIDING SEVERA- .1 BILITY; PROVIDING FOR INCLUSION INTO THE CITY 'CODE, REPEALING ALL ORDINANCES OR PARTS OF ;I (ORDINANCES IN CONFLICT AND PROVIDING AN , EFFECTIVE DATE. j I WHEREAS, the City has established, pursuant to Chapter 4 of the Code of Ordinances of the City of South Miami, rules and regulations regarding the sale of alcoholic beverages within the City; and WHEREAS, the Mayor and City Commission wish to amend specific sections -bf such Chapter in order to establish distance i requirements between licensed establishments, and to'4define Alcoholic Beverages served in permitted establishments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: i Section 1. That Section 4 -2, Proximity to Schools, Churches; Non- conforming uses certificates of. occupancy ,is 1 hereby amended as follows: ,Sec. 4.2 Proximity to Schools, Churches, Other Licensed Establishments, Residential Pro- perty; Non - conforming Uses; Certificates of Occupancy. (a)(1) Distance from church or school. No premises shall be used for the sale of alcoholic beverages to be consumed on or off the 'premises where the structure or place of business intended for such use is located less, than five hundred (500) _feet from a church or public school. The five hundred (500,) foot distance requirement shall be measured and computed as follows: (1) From a church, the distance shall be measured by following a straight line from the nearest point of the perimeter of the property boundary of the proposed place of business to the nearest point of the church grounds. (2) From a public school, the distance shall be measured by'following a straight line from the nearest point of the perimeter of the property boundary of the proposed . place of business to the nearest point of the school grounds. 1 I, 'I V , it i; If (a) .(2) Distance from Other Licensed Establishments. No premises shall be used for the sale of any alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than one thousand' (1,000) feet from a place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or off the premises. The distance requirements shall be measured by following a straight line from the nearest point of the perimeter of the property boundary of the proposed place of business to the nearest point of the structure of the other established use. (a)(3) Distance from Residential Property. No alcoholic beverage establishment may be located within one thousand (1,000) feet of , any residential property within the RS -i, RS -2, RS -3, RS -4 RB -61 RB -6T, RM -181 or RM -24 districts. Such distance shall be measured by a straight line from the nearest point of the perimeter of the property boundary of the proposed place of business to the nearest point of the residential property. Section 2. Section 4 -6, Definitions of Establishments, Hours of Operation, is amended as follows: Sec. 4 -6. Definitions of Establishments; Hours of Operation; Definition of Alcoholic Beverages. 1. Definitions: (a) Bars and Lounges: Commercial establishments devoted primarily to the sale of alcoholic beverages for consumption on the premises, and where entertainment may be provided. (b) Restaurants: Any building or structure or portion thereof, which serves cooked, full course meals daily prepared on the premises, and which contain service bars fo'1 on- premises consumption only. (c) Nightclubs Any building, room or rooms or other "places where the principal business shall be to provide food, refreshments and entertainment, and (1) where accommodations for the services of' meals to at least two hundred (200) persons is provided; and (2) where a band, orchestra or some other form of musical entertainment, ,comp%-i-sd oaf -I'tot - ino-re•- than - - persona, is provided for dancing and (3) where sufficient space, free from tables and chairs- or other obstructions is provided to enable one hundred (100) persons to dance. u 2 A I 2.' Hours of operation; Definition of Alcoholic Beverages (a) It shall be unlawful for any person licensed for the on premises sale of alcoholic beverages to sell or offer for sale such alcoholic beverages or to be open for business, in the case of bars and lounges as defined in (a) above, between the hours of 5.00 A.M. on any night and on week days after said closing until 11.00 A.M. of the following morning, and in the case of restaurants and nightclubs as defined in (b) and (c) above, between the hours of 5.00 A.M. on any night and on week days after said closing until 11.00 A.M. of the following morning. On Sundays# all places of bus�t ess defined in either (a), (b) or (c) above shall not sell or offer, for sale such beverages before 1:00 P.M. (b) Alcoholic beverages as used herein and throughout the City's Coe o Ordinances shall be defined as: distIlled spirits an aa.i Aevera es containing one -na.ir o= i eerrcent or more alcohol by volume. } Section 3. It is the intention of the City Commission that the provisions of this ordinance shall become and be made part of the South Miami City Code; and that the sections of this and the amended ordinance may be renumbered or relettered and the word "ordinance" may be changed. to "section," "article" or such other appropriate word or phrase in order to accomplish such intentions. Section 4. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions. of this ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 6. This Ordinance shall become effective immediately upon its passage. y 3 PASSED AND ADOPTED this 3rd day of November , 1987. ATTEST;- i ,l CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY PASSED ON 1ST READING: 10/20/87 PASSED ON 2ND READING: 11/03/81 Additions shown by underlining Deletions shown by'----- 07-7-09A I A RESGLUTION OF THE MAYOR AND CITY COMMISSION CIF THE _'1 TY :)F SOUTH MIAMI , FLORIDA APPROVING IN PART A14D DENYING IN PART TWO VARLANCES REQUESTED BY MR. AND MRS. J OHN SCHAEFF ER FROM THE L'LANNING HOARD OF THE CITY OF SOUTH MIAMT . . LORI DA WHEREAS. Mr. and Mrs. John Schaeffer reauested the Plannina Board of the Citv of South Miami for two variances for a sinale family residence: WHEREAS. on Aoril 24. 1990 the Plannina Board voted to aonrove variance request no. 1 by a 4 - 3 vote and to deny variance request no. t by a 5 - 2 vote; and WHEREAS, the city Commission Staff Reoort recommended denial r ^,tn eauests NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND THE CITY C;0MMi'1SiON OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That variance request no. 1 of Mr. and Mrs. John 3cnaerfer reaardina a sinale family residence at 6060 S. W. 85th Street, be. ana the same is, herebv aooroved. 'ecr_ i on "hat ,.,.sir iance. rPauest no. or Mr. and Mrs . John „cnaerrer eaardina s _naie rams e.• residence 6060 S. W. 35th street . :-,e, Ana -ne =amp 1.s. nerebv denied. 1 i:1, )tiri;;', ni "h �aV 4L il.ne ��4U AT TE" _ . APPROVED: MAYOtt City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, April 24, 1990, at 7:30 P.M. in the City Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. •� ��: Applicant: Mr. & Mrs. John Schaefer Request #1: Variance from Section 20 -3.5E to allow a 5' side setback where 7.5' is required for a single family residence located within an RS -3 zoning district. Request #2: Variance from Section 20 -3.5E to permit an impervious coverage of 0.52 where only 0.401 is allowed for a single family residence located within an RS -3 zoning district. Legal: The North 1/2 of Lot 3, Block 6, SNAPPER CREEK GROVES SUBDIVISION according to the plat thereof as recorded in Plat Book 44 at Page 88 of the Public Records of Dade County, Florida. Location: 6060 S.W. 85 Street 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 OF THE PRO- CEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. . (F. S. 286. 0105) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE$ SOUTH MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE. ALL. IV- rarg —rn o9, -T. �..r -r'.. _^ _ n...... IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED, THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. Ampoopm- IOU— PSBI 7 BZ REV. 12 -9-61 THIS IS A COURTESY NOTICE PLANNING BOARD -Ile ,;Z,f ii �I S w .5eYA .5tc 36 -94 -40 5r* Sr Ili-Ingo K064MI A I - r--im 1.0 r- , r4-- MRILio(a ARe.R 7r-7 _-,7.- 6w. 15W APPLICANT: + NE R: ,, &0(,o compass R ENCE. SIpE SET�ptC'IL � caleh;.. 1'7 S VARI AO CSS Atip -rM ?eR-V1oUS COV ERA c- F, Drn. Wfn. - Chk ..... CITY MUT4 WAMI PLANNING 150 h R D Hearing NoNlOr'000 F- too W.I TTH1J TS 14,181 ZOI to 5r* Sr Ili-Ingo K064MI A I - r--im 1.0 r- , r4-- MRILio(a ARe.R 7r-7 _-,7.- 6w. 15W APPLICANT: + NE R: ,, &0(,o compass R ENCE. SIpE SET�ptC'IL � caleh;.. 1'7 S VARI AO CSS Atip -rM ?eR-V1oUS COV ERA c- F, Drn. Wfn. - Chk ..... CITY MUT4 WAMI PLANNING 150 h R D Hearing NoNlOr'000 F- THE CITY OF Sot4t4 4.,1W ami $130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33141 PUBLIC SERVICE _ DEPARTMENT Z O N I N G P E T I T I O N Property Description, Location and Legal: The North 1/2 of Lot 3, Block 6, SNAPPER CREEK GROVES SUBDIVISION according to the plat thereof as recorded in Plat Book 44 at Page 88 of the Public Records'of Dade County, Florida, also known as, 6060 S.W. 85 Street. Request: The Owners of the above property have made the following request: Variance from Section 20 -3.5E to allow a 5' side setback where 7.5' is required for a single family residence located within an RS -3 zoning district. Variance from Section 20 -3.5E to permit an impervious coverage of 0.52 where only 0.40 is allowed for a single family residence located within an RS -3 zoning district. Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. / NAMLr DATE ADDRE55 - - - - - - -- - - - - - -- -- - - - -- /� - -- - - - 1 _ - - - - - s -_mss - - - -- - -' � �_ - - - - - - - - -------- -- -- - -- ____ -__ �ca�.o /�..�- 1 LY -- ----------- - - - - -- /���- `�--- .StJ_�,5- 5---- - - - - -- IWSO -37 (continued on page 2) Page 1 0 Z O N I N G P B T I T I O N • (continued) Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. lb qt) 6 13 ) � k) - ' (c S�f-, 44 9- 1 � - - h - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1- - - - - - - - - - - - - - - - - - - - - - - - I- - - - - - --------------- - - - - -- - - - - - - - - - - - - - - - - - I- - - - - - - - - - - - - - - - - - - - - - - f- - - - - f 7 AMMOMMO 5 ------------------ 1 ---------- - - - - - - - - - - - - - - - - - - - Page 2 David B.CaseAIA A R C H I T E C T April 2, 1990 Department of Building and Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Variance for Schaefer Residence Dear Sirs: This letter serves as the intent of the owners, Mr. & Mrs. John Schaefer, to apply for a variance to the land development Code Section 20 -3.E5 for a side yard setback of 5 feet in lieu of 7.5 feet and for 42.64% of impervious area in lieu of 40% allowed by the Code. The property is located at 6060 SW 85 Street and legal description is as follows: The north 1/2 of Lot 3, Block 6, Snapper Creek Groves, according to the plat thereof as recorded in Plat Book 44 at Page 88 of the Public Records of Dade County, Florida. The Schaefers are a young couple with a growing family whose 1989 residence does not meet their current needs, but desire to remain in their home and neighborhood. The variance requested is to provide for an adequately -sized single car garage and master bedroom suite. The. existing setbacks are 20.20 feet on the east side and 20.50 feet on the west. The said addition was determined to be built on the west side of the residence due to the location of the existing septic tank and drainfield within the east side setback. The property is relatively low in elevation. Currently the septic tank and drainfield are within approximately 12" of grade and immediately adjacent to the existing bathrooms. Should the septic tank and drainfield be moved, there would be inadequate pitch to a new location. The buildable width currently allowed for the west side is 20.50 feet less 7.50 feet or 13.00 feet. Subtracting 8" for outside walls, this leaves a net interior dimension of 12' -411. This is equal to the existing master bedroom width, which is inadequate. 6604 S.W. 57th Avenue South Miami, FL 33143 305- 666 -6349 Department of Building and Zoning City of South Miami April 2, 1990 Page 2 The owners are requesting a 5.00 feet setback on the west side in lieu of the 7.50 feet for greater width in the proposed addition. Should the variance be granted, the total setback width of 20.30 + 5.00 or 25.30 feet is still greater than 20 percent of the total lot width required by Code. In addition, the Schaefers also request a variance for the impervious area percentage of 42.64 in lieu of 40% as allowed by Code. This variance would allow the owners to retain their existing driveway and pool/patio intact. The existing residence and proposed additions would increase the building coverage to within the 30% allowed by Code, however, the existing paved areas now meet the impervious limits. The request is a minimal variance to allow the owners not to decrease their existing driveway and pool/patio currently within Code. on behalf of the owners, thank you for your consideration of their request. Yours t uly, II David B. C� se, AIA DBC:gc S T2%-F F RE PORT PB -90 -008 April 24, 1990 Applicant: Mr. & Mrs. John Schaefer Request #1: Variance from Section 20 -3.5E to allow a 5' side setback where 7.5' is required for a single family residence located within an RS' -3 zoning district. Request #2: Variance from Section 20 -3.5E to permit an impervious coverage of 0.52 where only 0.40 is allowed for a single family residence located within an RS -3 zoning district. Legal: The North 1/2 of Lot 3, Block 6, SNAPPER CREEK GROVES SUBDIVISION according to the plat thereof as recorded in Plat Book 44 at Page 88 of the Public Records of Dade County, Florida. Location: 6060 S.W. 85 Street ANALYSIS The applicant is requesting a considerable addition to a property which by the Land Development Code is already built -out. RECOMMENDATION The staff recommends denial of the request. M = N U r-r E S Plarirzirzcj Board _ Tuesda y April 24, 1990 Commissioners= Chambers 7:30 PM D. Public Hearing. PB -90 -008 ..,.. ..r.s_ ,. °-s V-!.,i :. •i..:. ..:::i p-r.f a: �... - _ -... _ .-it f - =' a..: ;. .:s.X kppl icant : `"fir . r�rs . �`oiicrtiaef er Request #1: Variance from Section 20 -3.5E to allow a 5' side setback where 7.5' is required for a single family residence located within an RS -3 zoning district. Request #2: Variance from Section 20 -3.5E to permit an impervious coverage of 0.52 where only 0.40 is allowed for a single family residence located within an RS -3 zoning district. Legal: The North 1/2 of Lot 3, Block 6, SNAPPER CREEK GROVES SUBDIVISION according to the plat thereof as recorded in Plat Book 44 at Page 88 of the Public Records of Dade County, Florida. Location: 6060 S.W. 85 Street Mr. Schaefer and David Case, Architect, signed in and reviewed their application. Two neighbors of the applicant also signed in and stated their approval of this project. Staff recommends denial as the request exceeds impervious coverage. The structure does not exceed buildable coverage, however with the pool, patio and other areas, impervious coverage is exceeded. This application does not fit the criteria of a "hardship ". The request is to permit the addition of a fourth bedroom and a single car garage to meet the needs of a growing family. REQUEST #1 Mr. Lefley made a motion to approve. Mr. Gutierrez asked that the item be considered in two parts, 11 the setback and 12 the impervious area. Mr. Andrews agreed that the two issues should be considered separately and asked Mr. Lefley if he would so state his motion. Mr. Lefley declined and restated his motion to approve both as requested by the applicant. Mrs. Jenkins seconded the motion. When the Chairman called for discussion, Mr. Gutierrez encouraged the Board to consider the issue as two separate items since one has nothing to do with the other. There was a lengthy discussion regarding paving blocks for the driveway and how the paved area complies with impervious coverage requirements. Mr. Lefley amended the motion to approve both Request #1 and Request #2 with the addition that the paved area also be approved subject to the use of approved materials. After additional discussion, Mr.Lefley made a motion to approve Request 11. Seconded by.. ? .... Mr. Andrews expressed his reservation that a hardship has not been established for granting this request. He feels, that a precedent may be set should this be allowed. Lefley responded stating that the purpose of zoning regulations is to make all this livable. If the neighbors to the east have only 5 feet, it would be unbearable. In this instance, the neighbor has a setback of 15 feet and is waiving his concern, in essence you have a 20 foot separation which is more than the Code requires between buildings. The only possible problem would.occur if the neighbor to the east sells his property and the new owner wants the same concessions -as Mr. Schaefer. -Mr. Ligammare agrees with Mr. Andrews and finds the hardship to be "self- imposed ". Vote: Approved: 4 Opposed: 3 (Ligammare) (Parr) (Andrews) -_,.Request #2: Mr. Gutierrez made a motion to deny, seconded by Mr. Ligammare. Vote: Denial Approved: 5 Opposed: 2 (Jenkins) - -- - -(Lefley) 11 SKETCH OF SURVEY • ' EXISTING HOUSE , . 400�. (fie 9 Jo.aa' � 1J.Oe` �OU�3D IP..�o�1 0. t�►.1 Pipe . % P, PE Ain r CONC. ` O Q M �E5.t1o. bGGa ft) AS ST v M-Oe GoJNiY , f x.QF..�N of d�Fd ATOM�. APE ( l%( . DO ' P4{ SCALE: I- _ ' LEGAL DESCRIPTION n4p, 1 ,cgnI I/z °f 1-o'i 3 _ BLOCK 5 SUBDIVISION ES AOCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4Q AT PAGE OF THE PUBLIC RECORDS OF U40E- COUNTY, FLORIDA. �o.���� 8� =�I✓T, ra,c� ZouNTY FLoe►�4.33W ��(tF!r:D �a � �KD1✓t�IOrve.L P..�.N�oizP � CpL�tE51A 't1T� y JAO' -tt IDQ� ;0.36' V ,Q d 2 o� N ti N U Iev a inn I t LOCATION SKETCH SCALE: V =1 t-:,o WE HEREBY CERTIFY: That the attached SKETCH OF SURVEY of the above described prope&f is cotreci to the best Of dar knovMed_ge and belief as recently surveyed under our direction. also that there are no encroachments, unless shown, and dit survey meets Minimum Technical Standards set by the FLORIDA BOARD OF LAND SURVEYORS, as set forth in ChapW 472.027 (FS.) and Chapter 21 HH 6 of the Florida Mmmistrative Code. FOR: ORDER No. 000_M {8 i41. )on - We M. PAT-* . 3 �v � V)O NOT VALID UNLESS EMBOSSED SEAL PROFESSIONAL LAND SURVEY No. STATE QF FLORIDA DATE: JQk)L I7-- f°J8�i CARIBBEAN LAND SURVEYORS ' INC. 7175 S.W. 8th STREET, SUITE 216 MIAMI, FLORIDA 33144 TELEPHONE (305) 264 -9151 � �SW 851L. Si4E6f � t G I 1 SITE PLAN 1/20" or 0 PROPOSED HOUSE WITH SIDE YARD ENCROACHMENT Nw. iF ssPO4u h *r fl' r3 I F,xisT hsfle 4T i � �SW 851L. Si4E6f � t G I 1 SITE PLAN 1/20" or 0 PROPOSED HOUSE WITH SIDE YARD ENCROACHMENT SCHAEFER RESIDENCE EXISTING RESIDENCt _ COVERED SCREEN 'PORCH = GAZEBO TOTAL EXISTING AREA NEW ADDITION = TOTAL, PROPOSED RESIDENCE _ 29039.80 S.F. 320.60 S.F. 133.50 S.F. 29493.90 S.F. 19159.53 S.F. 39653.43 S.F. MAXIMUM BUILDING COVERAGE ALLOWED 125 X 100 = 12,500 X.30 = 39750 S.F. EXISTING DRIVEWAY = I%- 19003.0 S.F. EXISTING POOL /PATIO = 19673.7 S.F. TOTAL EXISTING PAVED AREA = 29676.7 S.F. MAXIMUM IMPERVIOUS COVERAGE ALLOWED 125 X 100 129500 X .40 = 59000.0 S.F. MAXIMUM IMPERVIOUS COVERAGE PROPOSED 3,653.43 + 2,676.7 = 69330.13 S.F. 1,330.13 S•F.EXCESS IMPERVIOUS COVERAGE v RESOLUTION NO. A PESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 1 "ITY OF SOUTH MIAMI. FLORIDA, APPOINTING BEN STALVEY TUI HE CODE ENF0RC:EMENT BOARD. WHEREAS. there currentiv exists a vacancv on the Code Enforcement Board: and WHEREAS, the mavor and Citv- Commissioner desire to till the existing vacancy, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section--I..., That Ben St,aivev is herebv aoroointed to the Code Enforcement Board until March, 1992 or until his successor is a000inted. PASSED AND ADOPTED this th day of June, 1990. ATTEST: CITY CLERK HEAD AND APPROVED AS TO FORM: _i`1'Y ATTORNEY APPROVED: MAYOR RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY (_)F SOUTH MIAMI, FLORIDA, APPOINTING REVEREND RUDOLPH ORJUNA TO THE CODE ENFORCEMENT BOARD. WHEREAS, `here currently exists a vacancy on the Code Enforcement Board ; and WHEREAS,-the Mavor and City Commissioner desire to fill the exiszina vacancv; NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section i. That Reverend Rudoluh Orjuna is hereby re- annointed to the Code Enforcement Board until March, 1993 or until nis successor is aonointed. PASSED AND ADOPTED this th day of June, 1990. APPROVED: MAYOR ATTEST: LiERK P; A u fANO _AP_PP()VX"1_) AS TO e'(-)RM: 1.1 LT () P'N F' y I,-- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING CHARLES CHRlSTOPHER BALL TO THE CODE ENFORCEMENT BOARD. WHEREAS, there currentiv exists a vacancv on the Code Enrorcement Board; and WHEREAS, the Mavor and City Commissioner desire to fill the existing vacancv, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Charles Christopher Ball is hereby re- annointed to the Code Enforcement Board until March, 1992 or until his successor is annointed. PASSED AND ADOPTED this th day of June, 1990. APPROVED: MAYOR ATTEST: c'.ITY CLERK READ AND APPROVED AS TO FORM: i'ITY A`i'TORNF "Y RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE C'ITY 0b' �30UTH MIAMI. FLORIDA, APPOINTING JEAN LARKIN 0 THE CODE ENFORCEMENT BOARD. - WHEREAS. there currentiv exists a vacancy on the Code Entorcement Board: and WHEREAS, the Mavor and Citv Commissioner desire to fill the existinq vacancy; NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Jean Larkin is hereby appointed to the Code Enforcement Board until March, 1991 or until her successor is appointed. PASSED AND ADOPTED this th day of June, 1990. APPROVED: MAYOR ATTEST: CITY CLERK -_ _ -- READ AND APPROVED AS TO FORM: RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH :MIAMI, FLORIDA, DECLARING THURSDAY, JUNE l4. 11990 "FLAG DAY SOUTH MIAMI" AND URGING CITIZENS '!0 JOIN IN THE PAUSE FOR THE PLEDGE OF ALLEGIANCE WHEREAS. ov Act of Conaress of the United States dated June i4, i777, the rirst official Flaa of the United States was adoored: WHEREAS, by Act of Conaress dated Auaust 3, 1949, June 14 of each year was desianated "NATIONAL FLAG DAY :" WHEREAS, Flaa Dav celebrates our nation's svmbol of unity, a democracv in a reoubiic, and stands for our country's devotion to freeaom, to the rule of all, and to eauai rights for all; and WHEREAS, as by Act of Congress Public Law 9.9 -54 was passed to nave the PAUSE FOR THE PLEDGE OF ALLEGIANCE as cart of the celebration of National Flaa Day throughout the nation; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section i. Thursdav June 14, 1990 is declared to be "Flag vav - South Miami ". =e_Ctlon c,t South Miami are urged to oause -,a r i4.ar.e for the eleventh annual PAUSE FOR THE t,LED(;E ijF ALLEGIANCr` to the'Flaq and join ail americans in _ecir_i.na ne r-- _earTe �)r gi`eadance to our Flat: and Nation. ySSED AND ADOP`i'FD th day of June. 1990. APPROVED: MAYOR .ATTEST: RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE !`PY t:)F -u(j'PH `1IAMI. r'LORIDA. AUTHORIZING `i'HE PURCHASE F' uNY ?UND ;''STEM AND THE PURCHASE OF CARPETING AND AN ACOUb'i' i CA 11 :F,ILING FOR C,,=,MMISSIUN CHAMBERS FOR A poTAL PRICE NOT '10 EXCEED 510.698, AND PROVIDING FOR ;iS BUR SEMENT rIRUM ACt'UUNT 11UMBER 1.710 -4670. WHEREAS, oursuant to Resolution 73 -90 -9100, the City Manager or the city of South Miami, Florida was authorized to obtain bids for the reoair and /or refurbishing of the air - conditioning, caroetina, and ceilings of the South Miami City Hall; WHEREAS, the City of South Miami has obtained prices under counry and state contracts for the followina items at the followina costs: ! business intormation Systems, inc. Sonv Three Hour Unattended Four Channel i'onrerence xecordinaiTranscribina EctuiAment. (GSA Contract #GS- OOF- 10411) S 2,868.20 2i. Amion Enterorises International a). Porter Tutor Carnet, installed (State ,nt Florida contract T 60- X40 -u57 -00321 4,59.25 b). Acoustical ceilina inciudina tees, wail Anaies. Hanaar Wires, and Shock Pins roe )unry Scnooi Board Bid No.3 "JO -h -101 ,230.00 .-_.PAL Slu,697.45 r'Sc =iLVED H THE MAYOR ANu -HE ..'QTY 1,11A MI . FLORI DA. �Decrion `;hat a nurcnase order is nereov awarded to �„ „�_.�, ;�rmarion ;: ',vsrem��, nc. in the amount of s2.868.�0 ror -onv n•ree Hot_tr :natt`naQn roux _'hannei i_'onrerence .. of - C. _,. _ '. i•an=r" 'in�7 t. - ,uli,mei!G . ;?r"r on 'tat —Irc. ^.asp awarded to Amlon nr� --- -, = ? t: 1.r�YMdL10 n a i 1 7 -�i° = :Ilount , i y . _ �,y . 2 nor t'Orr;_r m Tutor C'aroet installation. Section 3. That a purchase order is awarded to Amion :n-ernr._ses internationai in an amount not to exceed x3,230.00 tor an Acousticai Ceiiina. Section 4. That the disbursements be charged to account number #1710 -4670: "Maintenance and Repairs of Grounds and Structures." PASSED AND ADOPTED this th day of June, 1990. APPROVED: MAYOR aTTEST . CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY -�_ RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXPEND THE SUM OF TEN THOUSAND (10,000) DOLLARS FOR CONFIDENTIAL INFORMANT PAYMENTS AND FIELD OPERATION COSTS FOR EXPANDED DRUG AND RELATED NARCOTICS INVESTIGATIONS AND TO EXPEND THE SUM OF ONE THOUSAND (1,000) DOLLARS TO TRAIN AN ADDITIONAL SOUTH MIAMI POLICE DEPARTMENT OFFICER UNDER DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 1910 -5450 (01- 131.180) ENTITLED: LAW ENFORCEMENT SPECIAL TRUST FUND. WHEREAS, the City of South Miami desires to increase its efforts in combatting illicit drug activity and in the capture of those engaged in trafficing and WHEREAS, Florida Statute 932.704 (3) (a) authorizes expenditure of forfeited property proceeds for school resource officer in crime prevention or drug education programs WHEREAS, the Chief of Police has previously certified the requested disbursement complies with the provisions of the aforesaid Florida Statute. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be and is hereby authorized to expend the sum of Ten Thousand ($10,000) Dollars for confidential informant payments and field operation costs for expanded drug and related narcotics investigations and to expend the sum of One Thousand ($1,000) Dollars to train an additional South Miami Police Department Officer under Drug Abuse Resistance Education (D.A.R.E.)_ providing for disbursement from Account No. 1910 -5450 (01- 131.180) entitled: Law Enforcement Special Trust Fund. Section 2. The aforesaid disbursement be expended from Account No. 1910 -5450 (01- 131.180) ENTITLED: LAW ENFORCEMENT SPECIAL TRUST FUND. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY , 1990. APPROVED: MAYOR I .' City of South Miami INTER—OFFICE MEMORANDUM TO: City Attorney Martin Berg FROM. Chief of Police Perry S. Turne a. DATE: 29 May 90 SUBJECT'. Law Enforcement Special Trust Fund -- Request for Expenditures #1 - Request expenditure for Item #6 of the Law Enforcement Special Trust Fund March 23 memo, as attached, for confidential informants' field operation costs of expanded drug and related narcotics investi- gations. Currently we are in the process of working several joint investigations with DEA. In keeping with the new off -site office, these monies are expected to be utilized in the near future. The appropriations, as outlined in Items #1 - 6, were discussed at the March 27 workshop meeting with the City Commission, and at that time concurrence was given. #2 - In addition, we request the expenditure of training an addi- tional DARE officer. Crime prevention and drug prevention are specifically mentioned in the Florida State Statute 932.704(3)(a). We currently have selected Ofc. Wellinghoff to receive the certified 80 hour DARE training course which will be held in Orlando, Florida. This would allow us to have a second trained officer to teach DARE. Ofc. Wellinghoff would be available in the 'event Ofc. Dweck is un- able to teach. Ofc. Dweck is also first on the Sgt`s promotional list and could be'promoted out of the DARE /SRO position. Having a fully certified second officer would enable the Department not to have a'break in the DARE program. This Program is now in its third year in the South Miami Feeder- pattern. In addition, Ofc. wellinghoff has been selected from numerous people who applied for this position and we feel that he would do an out- standing job. He has the appropriate form education background as per DARE officer guidelines. The total cost, as attached in the memorandum outlining the costs incurred for this training, would be $1,000. This training, once completed, would not necessitate any additional funding or cost to the City. It is requested that both of these items be placed on the next regular meeting of the South Miami City Commission for June 5, 1990. PST /esw Att. ,. cc: Rosemary Wascura, City Clerk William Hampton, City Manager ORDINANCE NO. 6 -90 -1447 A AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA; PROVIDING FOR NUMBER OF MEMBERS; PROVIDING FOR QUORUM; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Commission of the City of South Miami, Florida, pursuant to Ordinance No. 6 -90 -1447 created a Commercial Development Board which consisted for seven (7) members; and WHEREAS, in order for the City of South Miami to obtain the broadest range of study, recommendations and input concerning the promotion of the interests of the City in development of economic conditions beneficial to the existing businesses and invitation of new businesses into the area; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The second sentence of Section 1. of Ordinance No. 6 -90 -1447 shall be amended to read: "Said Board shall consist of ten (10) members." Section 2. Section -A.of Ordinance No. 6 -90 -1447 shall be amended to read: "A quorum for meetings of the Board shall be six (6) members of the Board and all action shall require a majority vote of those members in attendance." Section 3. All Ordinances or parts of ordinances in conflict herewith. be and the same are hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 1990. ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney APPROVED: Mayor ORDINANCE NO. 6 -90 -1447 AN ORDINANCE, OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING A COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF SOUTH MIAMI; PROVIDING FOR NUMBER OF MEMBERS; PROVIDING FOR TERMS OF APPOINTMENTS, QUORUM AND DUTIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND PROVIDING EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami pursuant to Ordinance 14 -82 -1137 created a Commercial Development Board which was subsequently rescinded pursuant to Ordinance 21- 87- 1293; and WHEREAS, it is beneficial to the City of 'South Miami for its citizens to study, recommend and provide input concerning the promotion of the interest of the City in development of economic conditions beneficial to the existing businesses and to invite new businesses into the area. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. There is hereby created a Commercial Development Board of the City of South Miami, Florida. Said Board shall consist of seven (7) members. Section 2. Initial members of said Board shall be appointed by the Mayor with the advice and consent of the City Commission and shall serve until March 1, 1991. Subsequent appointees shall thereafter serve for a period of two (2) years or until their successor is appointed. Section 3. Members shall select a Chairperson and Vice Chairperson by a majority vote of the Board. Section 4. A quorum for meetings of the Board shall be four (4) members of the Board, and all action shall require a majority vote of those members in attendance. follows: Section 5. The duties of the Board shall be as 1. Shall meet at least once every three (3) months. 2. Promote the interest of the City so as to stimulate new business and improve existing business conditions. 3. Work in an advisory capacity with the Planning Board and the City Commission in interpreting the Board. needs of the Community and the best way in which to meet them. Section 6. There shall be a Commission liaison to the Section 7. All Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 8. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 6th day of March , 1990. APPROVED: 0— 2Ez' MAYO R READ AND APPROVED AS TO FORM: --J, I� CITY ATTORNEY ORUINANC:r; N(J. AN ORbINANC ; OF THE, CITY OF SOUTH MIAMI, FLORIDA, AMENDINU sh'UTiON 5 -1 OF ARTICLE I OF CHAPTER 5 "ANIMAL: AND ROWL" of THL CODE OF ORDINANCES OF THE CITY OF StJU`'h MIAMI , b'130RIDA BY ADDING WILDLIFE AS PROTECTED UNDER SANCTUARY PROVISIONS; PROVIDING FOR SEVERAiiI:JTY AND AN k'?11'LC9'i vt: DATE. WHEREAS, the City of South Miami has heretofore declared the area within it:: corporate limits to he a bias sanctuary; and WHYRFA8 , the ldavor and city Commission wish to extend this sancctuir.v to oLher animal wildlife; NUW . Bl; IT ORDAINED BY THE MAYOR AND ThE CIT.` C4L)MMISSTON uF THE C -ITY OF SOUTH MIAMI, FLORIDA: Section ]. Article 1, Section 5-1 of the Cade of Ordinances is lier.cbv amended as follows: Sete. 5-1. City deciated bird and wildlife sanctuary The territuiv embracing the corporate limits of the city is herebv declared to be a bird and wildlife sanctuary , and it shall he unlawful to any person or persons to wound, tzap, or kill by nhootina, or otherwise, any bitd(w) or wildlife within the territnr.iai i imits of ttie city. Section i, it anv section, clause, sentence or phrase `i this ordinance i,, held to be invalid or unconstitutional by anv court; nt c amrecant juri ndiution, there said holding shall in no wav at er.t the va.Lldit.v of the remaining portions of this Ordinance. Section 3. All Ordinances or oart5 of Ordinances in ronf.lict herewit-ri be, and the same are, hereby repealed. Section 4. This Ordinance shall take effect immediately at at the time of its passage. PASSED AND ADOPTED this day of 1990. APPROVED: ATTEST: City Clerk READ AND APPROVED: Mayor Chapter 5. ANIMALS AND FOWL.* Art I. In General. of Art. IL Doss, If 5.7 -6-15. Article L In General. Sec. 5-1. City declared bird sanctuary. The territory embracing the corporate limits of the city is hereby declared to be a bird sanctuary, and it shall be unlaw- ful for any person or persons, to wound, trap or kill by shot, or otherwise, any bird or birds, within the territorial limits of the city. (Ord. 34, J1, 12-21-27.) Sec. 5-2. Poultry and fowl — Definitions. For the purpose of this ordinance [sections 54- 6-2.4] the terms hereinafter set forth shall be defined as follows: (a) Poultry shall mean live chickens, turkeys, ducks and seem (b) Fours shall mean live guineas, pea fowls, pheasants and pigeons (except carrier and racing pigeons kept, har- bored, bred and maintained exclusively for such pur- pose. (Ord. No. 343, § 1, 4- 3-56.) Editor's note+ —The provisions of 1 5.2 which appeared herein at the time this Code was published were derived from Ordinance No. 108 en. acted on November 2, 1937. The editors have deleted said provisions and included in lieu thereof the provisions of 4 1 of Ordinance No. M. passed and adopted on April 3, 1956. Sections 2, 3, 4 and 5 of Ordi- nance 343 appssr herein as §§f 5-2.1. 5-22, 5-2.3 and 5-2.4. The repealing and severability clauses, It 8 and 7, of Ordinance 348 have been omitted. Sec. 5 -2.1. Same — Limitations and restrictions on mainte- nance within city- Enumerated, exception. Six months after the effective datet of this ordinance [sections 5-2- 5-2.4] and hereafter, live poultry and fowl may *Cross reference. — Animals used in advertising, imitation of animals, if 19- 113,19 -114. State law reference. —For state law authorizing cities to regulate, prohibit and impound aninuis :running at large within the corporate limits, see j 168.09, Florida Statutes. tFAtWs note. Ordinance No. 343, from which jj 5- 2 -5 -2.4 were derived. was passed and adopted on April 3. 1956. awe. No. l 55 I HLISULUTION NO. A t2ESOLLiT1ON GP 'I'iiE MAYOR AND CITY COMMISSION OF TH 4ITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL BY D BAY PROPERTIES FROM THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD W.4t t:A:,, %anbv Pronertie,; has appealed', a decision b the Lnvirt,nmL,nta: Review and Preservation Board of the City of Soutin Miami can may !, l990 reuardinq a sign permit at 5800 thro,gh 5610 �:unset Drive, south Miami, Florida; and WHEREAS, that Appeal has now been heard by the South Miami City Commission; � New', THEREFC -)KE, bE IT RFSOI..VED 8Y TH8 MAYOR AND THE CITY CumHilS8ION OF THE CITY OF SOUTH MIAMI, FLORIDA: Sect:i'an 1. That the Appeal by Dabby Properties from r+pt-i ion by the i:,- vironmental Raview and Preservation Roar af', the city of Sou*.t•, Miam:. on May 1, 1990 regarding a sign permit at t)8Ou through Sblu Sunset Drive, South Miami, Florida, be, a d the same is, hereby denied. l PASSED AND ADOPTED thl.., th day of May, 1950. t.i'I`X t:i.i:kK i REAo AND APPitOVEO AS TO FOktM; CITY AimikNEY RervokerKS S ;r: MINUTES Environmental Review and Preservatior May 01, 1990 9:00 AM City Commission Chambers I P. EB-90 -065 Flat Signs,. ( Final ) Applicant: Dabby Properties Address: 5800 -5810 Sunset Drive Represented By: D'signs by Abracadabra Comments: This request 'is for the boxes only not the sign design. Mark Harris of Abracadabra signed in. Mr. Hochstim as ed why is the issue of boxes alone being addressed. Mr. Harris sai that the idea of the building owner is to provide continuity of structure for signage for all future tenants so that the text of siglnfi can be changed without altering the facia. The consensus of the Board after much discussion is that box signs are undesirabl and that these proposed box signs in particular are too large. Mr. Hochstim suggests that the entire concept of signage at this l cati n be re- evaluated since the canopies are being installed and that signage on canopies is much more effective and compatible for this location. Mr. Hochstim is particularly opposed to a s ngle sign on the upper part of the building to identify the ten nt o the second floor. Board members gave Mr. Harris several s ggestiorls I i which would be more acceptable. Mr. Hochstim made a motil n o;deny as presented. Seconded by Mr. Jesmer. Vote: Denial approved: 6 opposed: 0 (Ms. ilror had eft.) RECOMMENDATION: The above proposals (Items A thru P) comply with the Land Development Code of the City of South Miami. kes ------------ - -- - 7 HANDBAGS BELTS HANES HOSIERY TAIHA H E S Q S 7250 Red Road, South Miami, FL 33143 • Phone: 667 -1187 401 Biscayne Blvd., N#219, Miami, FL 33132 • Phone: 358 -8242 �t • f��h L -L } 'i �I II ,I f H. Ir V aj A p,J K Tc.. W 5k-r7-. P 4 G E TQ aUTt -1 ti I A M I F )Tr CO ISSIOA) I 72So ec-t> 2.b,,. vitivbow OUT .1 /V EJ>Li S 7- I PS I ou 7-14.1 Lc'- 1 k vv /V Is aW—S 1- &Jk //v 41V p07(- iNE. of::- -T / W,, /lv b©-W. ACcCoeb?/VG 7-0 a Q ov EC A) l,-'v 1 N 000 o v-r t.I A I; V C7 IS XJO co A c- M - /v-r Iry F-0 R 15 f 1U COAJ-ZT v IV C 7-r 0 4.) w;17 h# 4-A4v5' 101 14 Ca -tm-F c tI Al ls"7 /e/v 0" c. c l ut-s 'c I text SAO I , ..7.11P ?010c h, )fit 33119 • Telephone anti I - �,,. ,• .� . �, , . c:.? f ' 1• Z", IrM Y A' �l 1 I _. < ,- .i.,t. t)'i 1. NO • `T'ri ' VIAY(Qf AND CITY COMMISSION OF THE ilIAMI N`i_,(-W.IDA DENYING AN APPEAL BY I iz Ar'Ar,i, 0 A2, F R(.)m THE ENVIRONMENTAL REVIEW AND kr :t''VI't'i;._)t, r t,ai-a(,, , 0ia-,,, has avvealed a decision by the :nvi ronmF,rita i t,,eview anti i`L+�servation Board of the City of South rz zmi on Mav 1. 1.990 reaarrdina a single family residence; WN4:ttt A:,, thzit 11as now been heard by the South Miami ,, nIT) ml`-s1 n fIh: IT I�EsOLVSD BY THE MAYOR AND THE CITY r . , i, iii J� THP c.: i `i'': ts;' c:t: ?LI'i'H MIAMI FLORIDA: -T, ''nar tne Anneal by Rafael Diaz frown a derision kevi(Fw and Preservation Board of the, City of ;: iti•_.itii 00 May L, i iyU reciar.dincl a single family residential, nri r hl =, !-:3me ] t; , f1erohv dE�nie_d . i PAS.' -41I? AND ADOPTED this _.th day of June, 1590. APPROVED: MAYOR ` i i i Ai >P, o)VED AS `3O iiUF,11: I i n� 1� RE,130LUTION NO. r A RESOLUTION OF THE MAYOR ARID CITY COMMISSION OF THE CITY ot? St)O TH MIAMI, ',FLORIDA DENYING AN APPEAL BY (RIVAL ELECTRIC fNC. FROM THE ENVIRONMENTAL REVIEW AND I' WH:,R ,AS, Rival. Electric Inc. has appealed a decisio� by the Environmental Review and Preservation board of the Cilty �f'South Miami on Mav 1, 1990 reaardina moving one sign and adding a second s iqn . WHEREAS, than Appeal has now been heard by the South Miami Citv Commission; NOW. THEREFORE, HE IT RESOLVED BY THE MAYOR AND THE CITY ri�MM.ISSICiN OF THE C"I"TY (IF SOUTH MIAMI, FLORIDA: Section 1.,• That the Appeal by Rival Electric Inc. from a i ciec i s i on by the FF,nv .-i r.. onmental Review and Preservation Board of f the i_.ity or South Miami on Mav 1, 1990 regarding moving one sign ann dd ina a second Sian, be and the same is, hereby denied. PASSED AND ADOPTED this th day of June, 19900 APPROVED MAYOR ATTES�i' kE,Ao , AND APPROVED AS TO FORM: CITY ATTORNr:Y is