2008 1118 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting November 18, 2008 City of Sunny Isles Beach, Florida customers. Richard Steinig, owner of Sunny Isles Liquor and Fine Wines, said Epicure isjust now applying for conditional use and yet they are already selling package liquor, when he applied it took five (5) months. City Attorney Ottinot said that Epicure had existing approval from Miami-Dade County issued over 25 years ago for restaurant use, package store use, and nightclub, and the Applicant had an understanding the approval did not expire. Staffindicated to them under our new Zoning Code, their approval expired because if it is not used, it automatically expires, the Applicant then worked with staffto be in compliance. City Attorney Ottinot noted for the record that he also worked with Mr. Steinig to create an exception in the Code to operate in the shopping center. Mr. Solera said under Section 98 of the Liquor License for the City of Sunny Isles Beach, there is an exemption that allows a grocery store to sell beer and wine, but the request is to extend that exemption and allow them to also sell spirits as part of the exemption of the distance requirement of 750 feet. City Attorney Ottinot said when staff recommended the liquor distance requirement, the purpose was to protect public welfare to eliminate any negative impact any liquor establishments would have. Vice Mayor Thaler said it was also created to protect the schools of which was one of the major reasons for the distance. Commissioner Scholl said we need to be careful moving our ordinances to accommodate a user as we have special requirements for package stores. City Attorney Ottinot said the purpose of adopting this Code was to make sure that we would not have a stand-alone package store or near a school. It was to create a buffer, as when there are too many stores it creates a negative impact on the community. We didn't look at Epicure as a traditional package store, it is a high grade restaurant and grocery market. The No. lO requirement was basically to assist Mr. Steinig' s package store, the precedent, we created exception to allow a business to exist if we find that business is not a detriment to the surrounding environment. City Attorney Ottinot said there are two issues: 1) a State Liquor License which we don't regulate; and, 2) a Land Use issue which is what is before us tonight, the use is prohibited at that location and that is the only issue we are dealing with. The Rascal House had zoning approval from the County that allowed them to operate a restaurant, a nightclub, and a package store, the Applicant had an understanding they could operate the existing establishment under those approvals. With respect to restaurant use, he did not have to come before the Commission because that use never ceased, but the liquor order of package store use was not continued and so they are now before the Commission to revive that liquor use. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for approval, subject to staff conditions. Resolution No. 08-Z-115 was adopted by a roll call vote of3- 2 (Commissioner Goodman and Commissioner Scholl against) in favor. V ote: Commissioner Brezin yes Commissioner Goodman no Commissioner Scholl no Vice Mayor Thaler yes Mayor Edelcup yes [City Clerk's Note: The Commission took a 5-minute recess.] 4