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HomeMy WebLinkAboutResolution Zoning 99-Z- 29 RESOLUTION NO. 99-Z-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DENYING THE REQUEST OF AKPEZ OF MIAMI, INC., FOR USE VARIANCE TO ALLOW A NIGHTCLUB, SERVICE OF ALCOHOLIC BEVERAGES AND LIVE ADULT ENTERTAINMENT IN A BU-l ZONING CLASSIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Akpez of Miami, Inc., d/b/a the Boardwalk has applied for the following: 1. Use Variance to permit an adult nightclub in the BU-IA district as would be permitted in the BU-3 district. 2. Special Exception of spacing requirements as applied to adult night club, to permit aforementioned adult night club to be spaced less than 660 feet from an RU (residential) district and spaced less than 1,000 feet from a religious facility. 3. Special Exception of spacing requirements as applied to alcoholic beverage uses to permit an adult nightclub spaced less than the required 1,500 feet from other alcoholic beverage uses and spaced less than the required 2,500 feet from a religious facility. 4. Non Use Variance of zoning regulations requiring nightclubs to have an aggregate floor area 2,200 square feet and a dance floor area of 308 square feet to waive same to permit afore mentioned adult night club with an aggregate floor area of 1,803 square feet and a dance area of 80 square feet. 5. Non Use Variance of parking requirements to permit 600 parking spaces (1129 parking spaces required) (1,108 spaces previously approved). SUBJECT PROPERTY: The East 700' of that part of the North 400' of Lot 1 of Tatum's Ocean Park, according to the plat thereof as recorded in Plat Book 10 at Page 64 of the public records Dade County, Florida. Lying West of State Road A. LA (Collins Avenue) the aforesaid property is a parallelogram land. The Easterly and Westerly line thereof being 401.92 feet and the Northerly and Southemly lines thereof being 700.0 feet. The East 773'.6' of that portion of the South 200.0 feet of Lot 2, Tatum's Subdivision, recorded in Plat Book 10 at Page 64 of the public records of Dade County, Florida, lying Westerly of the Westerly Right-of-Way line of State Road A.1.A (100.0 feet wide and also known as Collins A venue and/or Ocean Boulevard), as said Road is recorded in Plat Book 46 at Page 40 of the public records of Dade County, Florida, said south 200.0 feet or Lot 2 Bounded on the West by the Easterly Line of the Intracoastal Waterway (Florida East Coast Canal), as said Waterway is recorded in Plat Book 37 at Page 4 of the public records of Dade County, Florida. Less and excepting from said land described above, that land described in a Right- of- way Deed to Dade County, Florida as described below: That portion of the South 200.0 feet of Lot 1 of Tatum's Subdivision in Section 11, Township 52 South, Range 42 East, according to the Plat thereof recorded in Plat Book 10 at Page 64 of the public records of Dade County, Florida, which lies within a strip of land 50.0 feet in width, tying 30. feet on each side of following described Centerline: Commence (P.O.C.) at the S.W. comer of Lot 14, South Shore Estates, according to the Plat thereof, recorded in Plat Book 52 at Page 59 of the public records of Dade County, Florida, and run West along the South boundary line of the said South Shore Estates, along the North line of the South 300.0 feet of said Lot 2, a distance of 25.03 feet to the Point of Beginning (p.O.B) of the here-in-after described Centerline; thence run South at right angles to the last described line, a distance of 300.0 feet to the Point of Intersection (P.I.) with the South line of said Lot 2 at a point which is 1522.64 feet West of the Westerly Right-of-Way line of the above referenced State Road A.l.A as measured along the Southerly line of said Lot 2, said P.1. also being the end of the herein described Centerline. The above described land, less the excepted portion, is all the adjacent described Exhibit "A" and Exhibit "B" and contains 536,422 square feet, more or less or 12.314 acres, more or less. ADDRESS: 17008 Collins Ave. More particularly described as a 19.5 ft x 92.5 ft store within a 12.3 acre shopping center. WHEREAS, a public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were given an opportunity to be heard; and WHEREAS, upon due and proper consideration of all substantial competent evidence presented by the applicant and the City having been heard; and WHEREAS, the applicant failed to meet the legal requirements the applicant was required to demonstrate in order to secure such a variance and as such all ancillary requests including the special exception and non-use variances must therefore fall; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. The requested use variance to permit an adult nightclub in the BUI-A district as would be permitted in a BU-3 district, the special exception of spacing requirements as applied to adult nightclub to permit aforementioned nightclub to be spaced less than 660 feet from an RU district and spaced less than a thousand (1000') feet from a religious facility, the special exception of spacing requirements as applied to alcoholic beverages, the non-use variance of zoning regulations requiring nightclubs to have an aggregate floor area of 2,200 square feet and a dance floor area of 308 and the non-use variance of parking requirements to permit six hundred spaces where 1129 parking spaces are required be, and the same, are hereby denied. 2. All conditions of previous Resolutions shall remain in full force and effect. 3. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 11th day of March, 1999. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission By: ATTEST: ~~~IA~ }~~ttm;,dt'Brqry:~~lla, CIty Clerk Qat ."" ...';:- :' '.\ . ..... v,). ... ,.-.';>::-. t. ",./ f,~_'JI ..... f",.. "':1''''' ;.... -,:i:.f' ~ "",~' .,... . 'h "<; \ C.,~. ~!) '. . ,.q'l..,~. ... " ,.~\. ~~1~. " ~^~......~ .,~' "....'''. . "";,,~ , f.l. r- t.!\5J .' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: ~~c;.\~ ~ ~oved and ~~\ ~~~ ~'AS seconded denial of the requested zoning modification , and upon a roll call the vote w ~ - ~ III favor: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Vyes_no --yes~no ~es_no Jl:yes_no --yes~no