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HomeMy WebLinkAboutResolution Zoning 99-Z- 38 RESOLUTION NO 99-Z- .3..[ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF 18100 COLLINS AVENUE CENTER LTD., AS TO SPECIAL EXCEPTIONS AND NON-USE VARIANCE SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 18100 Collins Avenue Center Ltd., has applied for the following: 1. Special Exception to permit the service and sale of alcoholic beverages in conjunction with an existing dance ballroom. 2. Special Exception of Spacing Requirements as applied to alcoholic beverage uses, to permit a dance ballroom serving alcoholic beverages spaced less than the required 1,500 ft from other alcoholic beverage uses and spaced less than the required 2,500 ft from a religious facility. 3. Non Use Variance of Zoning Regulations as it applies to liquor package stores to permit the sale of alcoholic beverages between the hours of 12 P.M. and 7 P .M.on Sunday ( no sale permitted on Sunday). SUBJECT PROPERTY: Replat of Tract "A" Sunny Isles Shores Section "A" PB 64 PG 74. ADDRESS: Lying south of 183 St. between Collins Ave. and Atlantic Blvd. And, 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 heard, and upon due and proper consideration having been given to the matter and to the positive recommendation of the Zoning & Code Administrator; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. Items I through 3 requesting a Special Exception to permit the service and sale of alcoholic beverages in conjunction with an existing ballroom; Special Exception of Spacing Requirements as applied to alcoholic beverage uses, to permit a dance ballroom serving alcoholic beverages spaced less than the require 1,500 ft fro other alcoholic beverage uses and spaced less than the required 2,500 ft from a religious facility and Non-Use Variance of Zoning Regulations as it applies to liquor package stores to permit 18100 Collins Avenue Shopping Center Ltd. I Resolution No. 99-Z-_ 1lI22199 11:27 AM LMD:ch the sale of alcoholic beverages between the hours of 12 p.m. and 7 p.m. on Sunday (no sale permitted on Sunday) are hereby approved subject to the following conditions: a. That a site plan be submitted to and meet with the approval of the Building Official upon the submittal of an application for a building permit; said plans to include among other things but not limited thereto, location of structure or structures, types, sizes and location of signs, light standards, off street parking areas, exits and entrances, drainage, walls, etc. b. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "RK Sunny Isles Plaza Ocean Dance School", prepared by Kobi Karp Architects Interior Designers dated stamped received 7/13/99 consisting of 2 sheets and plans entitled "Liquor Survey" prepared by Fortin, Leavy, Skiles, Inc dated 8/2/99. Plans may be modified at public hearing. c. That the use be established and maintained in accordance with the approved plans. d. That the consumption of the alcoholic beverage shall be done on the ballroom premises (18100 Collins Ave) and shall only be served to patrons of the tenant. e. Alcoholic beverage shall be sold or served in the dance ballroom (18100 Collins Ave) only during the business hours of the dance school, but no later than 11 :00 PM. f. That the alcoholic beverage use shall only be permitted in conjunction with the dance studio. g. That the liquor package store be permitted to sell liquor on Sunday only between the hours of 12 P.M. and 7 P.M. in addition to its regular weekday hour as specified under section 33-151(a). h. That the applicant obtain a Certificate of Use and Occupancy from the City, upon compliance with all terms and conditions, the subject to cancellation upon violation of any of the conditions. 2. This Resolution shall become effective upon adoption. By: PASSED AND ADOPTED this 18th day ofNovem r, 18100 Collins Avenue Shopping Center Ltd. Resolution No. 99-Z-_ ll/22199 11:27 AM LMD:ch 2 ATTEST rlr~ ~~u"- '.: R1chard,Brown- Morilla, City Clerk ... ~.. ;' " . ".~ 1 t,. .~ '" \. .. .',- -, i} ~,'~>' \. , ..... ", ~ ....:.'''.r , 'Of . , APPROVEI),,AS TO FORM " ANI? LEOAt SUFFICIENCY: VOTE: ~,~--r~~ moved and V~~ seconded approval of the requested zoning modifications, and upon a roll call th vote was ~ - ~ in favor: Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky ~es_no a../yes_no .lLJes_no r/ yes_no ~es_no 18100 Collins Avenue Shopping Center Ltd. Resolution No. 99-Z-_ 11/22/99 11 :27 AM LMD:ch 3