HomeMy WebLinkAboutReso 99-118
RESOLUTION NO. 99- ~
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, GRANTING A W AlVERFROM ORDINANCE NO.
98-40 IN ACCORDANCE WITH SECTION 2 THEREOF, TO
AKPEZ OF MIAMI, INC., d/b/a THE BOARDWALK,
LOCATED AT 17008 COLLINS AVENUE, TO ALLOW
CONSIDERATION OF A ZONING APPLICATION
REQUESTING A USE VARIANCE TO PERMIT A
NIGHTCLUB, SERVICE OF ALCOHOLIC BEVERAGES AND
LIVE ADULT ENTERTAINMENT AT THIS LOCATION;
REQUESTING A SPECIAL EXCEPTION TO PERMIT
ADULT ENTERTAINMENT WITHIN 500 FEET OF A
RESIDENTIAL DISTRICT; OR IN THE ALTERNATIVE,
REQUESTING A SPECIAL EXCEPTION TO PERMIT A BAR
WITHIN 500 FEET OF A RESIDENTIAL DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on the 16th day ofJuly, 1998, the City enacted a moratorium on the filing and
consideration of zoning applications and the issuance of development orders and development
permits; and
WHEREAS, in accordance with Section 2 of Ordinance No. 98-40, upon application by a
property owner, the City Commission, after a public hearing, may grant a waiver to the moratorium
if it determines the activity will not detrimentally affect the outcome of the comprehensive planning
process for the City and will not materially reduce the existing capacity of public services;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The City staffis directed to grant a waiver of the moratorium, Ordinance No. 98-40,
in accordance with Section 2 thereof, to Akpez of Miami, Inc., d/b/a The Boardwalk,
located at 17008 Collins Avenue, to allow consideration of a zoning application
requesting a use variance to permit a nightclub, service of alcoholic beverages and
live adult entertainment at this location; requesting a special exception to permit
adult entertainment within 500 feet of a residential district; or in the alternative,
requesting a special exception to permit a bar within 500 feet of a residential district.
Boardwalk waiver of MOllltorium Res.
-1-
Section 2.
This Resolution is effective upon adoption.
PASSED AND ADOPTED this 21st day of January, 1999.
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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M. Dannheisser, City Attorney
Vote: ~-O
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
~(Yes)
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(Yes)
Waiver of Moratoriwn for Club I Motel Condo.
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_(No)
_(NO)
_(NO)
_(NO)
_(NO)
-2-
Memo
To: The City Commission
From: Jorge L. Vera, Zoning and Code Administrator
Subject: Request for Zoning Moratorium waiver
Akpez of Miami, Inc. d /b /a The Boardwalk
Date: January 21, 1999
RECOMMENDATION
Staff recommends that the City Commission grant the requested waiver of moratorium for the
modification of condition and deny the request for temporary certificate of occupancy.
REASONS
After reviewing the above referenced request, staff has concluded that the grant of a waiver, which
would permit the consideration of a zoning approval for a use variance together with a special
exception to permit a nightclub for adult entertainment or in the alternative to permit a bar . Said
use would not contravene the purpose of the moratorium ordinance and will not materially reduce
the existing capacity of public services. There is virtually no possibility of a comprehensive plan
objective or policy which would seek to change the character of a long established commercial use.
This is not a recommendation regarding the substance of any zoning request, but merely
recommendation that the Commission grant a waiver of the moratorium in this specific
instance so that the applicant's zoning request may be considered by the City at a later date
'tted,
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Zoning and Code Administrator
SILZIN SuMartRo DUNN PRICE & AXELROD LLP
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January 8, 1999
Mr. Jorge Vera
City of Sunny Isles Beach
Building, Planning & Zoning Department
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
Re: Akpez of Miami, Inc,, d/b /a The Boardwalk
Dcar Jorge:
We represent the above - referenced property located at 17008 Collins Avenue. We are
requesting a waiver of the zoning moratorium in place in the City of Sunny Isles Beach in order to
submit a zoning application requesting a use variance to permit a nightclub, service of alcoholic
beverages and live adult entertainment at this location. We are also requesting a special exception
to permit adult entertainment within 500 feet of a residential district. In the alternative, we would
request a special exception to permit a bar within 500 feet of a residential district.
Please call me if you have any questions or comments with regard to the above request.
Sincerely,
Michael W, Larkin
M WLAvp
cc: Stanley B. Price
Richard Brown
Jim Bachman
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