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Home My WebLink AboutR-2025-186 OT-032-25 Spirits Cellar CorpRESOLUTION NO. 2025-186 A RESOLUTION OF THE CITY COMMISSION OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A WAIVER (OT-032-25) FROM THE ONE THOUSAND (1,000) FOOT DISTANCE SEPARATION REQUIREMENT PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES, SUBMITTED BY THE APPLICANT, RUBEN NUNEZ OF SPIRITS CELLAR CORP, FOR THE PROPERTY LOCATED AT 13 S FEDERAL HIGHWAY, WITHIN THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, Part 1 of the Dania Beach Land Development Code (the “LDC”) Section 110-50(E), entitled “Proximity of Alcohol Beverage Establishments to Other Establishments and Uses” states that an Applicant for license to sell liquor, in addition to beer and wine, within one thousand (1,000) feet of another place of business so licensed, may apply for a waiver of proximity requirements set forth in section 110-50(B)(9); and WHEREAS, the applicant, Ruben Nunez, Spirits Cellar Corps, has requested a Waiver (OT-032-25) of the distance separation requirements for property located at 13 S Federal Highway, Dania Beach, Florida, legally described in Exhibit “A,” pursuant to Section 110-50(E) of LDC; and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, recommended that the City Commission approve the proposed Waiver of the proximity is consistent with the requirements set forth in Section 110-50(E)(1) at its duly advertised public hearing on October 15, 2025, meeting; and WHEREAS, the Planning & Zoning Board took into consideration the following criteria from Code Section 110-50(E)(1) in recommending approval: (a) That the waiver maintains the stability and appearance of the community; (b) That the waiver will not adversely impact the public interest or adjacent property and all necessary alternative measures shall be taken by the applicant to prevent any such impact; (c) That the sale of liquor in addition to beer and wine at the requested location will not cause a detrimental impact to the value of existing contiguous uses, to uses in the general area and to the zoning district where the sale is to be located; (d) Any applicant for a waiver of the proximity requirement must be enrolled in the Florida Responsible Vendor Program administered by the Division of Alcoholic Beverages and Tobacco, and must continue to be a member in the responsible vendor program as a condition of obtaining the waiver. 2 RESOLUTION #2025-186 WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the City’s Staff Report analyzes the applicant’s request based on the criteria and supports the Applicant’s request and is incorporated by reference herein as the City’s findings of fact; and WHEREAS, the City Commission has determined that the Applicant has met the criteria for a waiver of the distance separation requirement by a preponderance of the evidence; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the City Commission found that the approval of the Waiver request (WA- 032-25) is consistent with the LDC and Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That pursuant to Chapter 28 “Land Development Code,” Part 1 “Use Regulations,” Article 110 “Use Regulations for Commercial and Mixed Use Districts,” of the City Code, the Waiver request (OT-032-25), as shown on Exhibit “B,” is hereby approved. Section 3. That pursuant to the approvals granted, the Applicant shall comply with the following conditions. 1. Customers must park at the municipal parking garage, located at City Hall, 49 Park Ave. 2. Applicant shall provide parking signage. 3. The business hours shall be from Monday to Saturday, 10:00 a.m. to 5:00 p.m., for appointments scheduled online by customers. Then, from 5:00 p.m. to 8:00 p.m., for the business to allow walk-ins to integrate the CRA’s vision for business and economic development to encourage pedestrian activity and support community growth. 4. Applicant is required to provide a tasting room, Per Code Section 302-10. 5. Applicant is required to enroll in the Florida Responsible Vendor Program before Certificate of Use issuance. 3 RESOLUTION #2025-186 Section 4. That pursuant to LDC Section 110-50(E)(6), “Resolution to grant waiver” approval shall automatically expire after one hundred and eighty (180) days, within which a building permit shall be secured if one is required to implement the use for which the waiver is granted. The waiver shall expire if the building permits to implement the improvements authorized by the waiver is not secured within the time frame specified in this Resolution Section 5. That the issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law Section 6. That the associated Community Development, Planning & Zoning Division Staff Report prepared for the above application(s) is incorporated into this resolution as findings of fact. Section 7. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 8. That this Resolution shall take effect ten (10) days after the passage and adoption. PASSED AND ADOPTED on November 18, 2025. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 4 RESOLUTION #2025-186 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 5 RESOLUTION #2025-186 EXHIBIT “A” LEGAL DESCRIPTION TOWN OF MODELO (DANIA) B-49 D LOT 10 LESS ST RD BLK 23 GSEducationalVersion BBA. RUBEN NUÑEZ DELFÍN UNITS DATE FT OCTOBER 2025 PROJECT NAME: PEDESTRIAN ROUTE SYMBOLOGY A.01 SCALE 1:3500 SUPERVISOR PEDESTRIAN ROUTE PEDESTRIAN CROSSING 13 S FEDERAL HWY, DANIA BEACH, 33004 SPIRITS CELLARS CORP Spirits Cellars Phone: 305 790 4727 Www.spiritscellars.com 13 S federal Hwy,Dania beach, 33004 City Hall Parking Garage Gas Station W Dania Beach Blvd SW 1st St SW 1st Ave SE 1st Ave U. S . Rt e 1 Spirits Cellars