HomeMy WebLinkAboutR-2003-181 MICHAELS KITCHEN RESOLUTION NO. 2003-181
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY MICHAEL BLUM,OWNER OF MICHAEL'S KITCHEN
RESTAURANT,FROM CHAPTER 28,ZONING,ARTICLE 4.201 (PROXIMITY OF
BEVERAGE ESTABLISHMENTS TO CHURCHES,SCHOOLS)AND CHAPTER 4,
ALCOHOLIC BEVERAGES, SEC. 4-3 (PROXIMITY OF NEW BEVERAGE
ESTABLISHMENTS TO EXISTING BEVERAGE ESTABLISHMENTS), FOR
PROPERTY LOCATED AT 433 EAST SHERIDAN STREET IN THE PUBLIX
SHERIDAN SHOPPING CENTER,DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Dania Beach Code of Ordinances, Chapter 28,Article 4, Section 4.201 and
Chapter 4, Section 4-3 sets the proximity requirements of beverage establishments to existing
beverage establishments as well as from churches and schools in the City of Dania Beach; and
WHEREAS, Michael Blum, owner of Michael's Kitchen Restaurant, applied for a variance
(VA-55-03) to allow the sale of alcoholic beverages (on premises consumption) within 1,000 feet
from another establishment and from a school; property located at 433 East Sheridan Street in the
Publix Sheridan Shopping Center, Dania Beach; and
WHEREAS, the Planning & Zoning Board on June 18, 2003, recommended that the City
Commission grant variance request VA-55-03 based upon the criteria set forth in section 10.13 of
Article 10, of Chapter 28, Zoning, of the Code of Ordinances of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-55-03, for a variance as described above (from
requirements in Chapter 28,Article 4, Section 4.201 and Chapter 4, Section 4-3), a copy of which is
attached as Exhibit"A" is approved, subject to the following conditions:
1) Compliance with ADA (Submission of table plan required)
2) Approval of the Building Official and Fire Department
3) Written consent of the shopping center owner
4) That this variance approval is personal to Michael and Jenny Blum, owners of
"Michael's Kitchen", so in the event ownership would change, a new request will
1 RESOLUTION NO.2003-181
have to be approved by the City Commission.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED THIS 12th DAY OF AUGUST, 2003
B6b ANTON
MAYOR—COMMISSIONER
AT EST ROLL CALL:
COMMISSIONER CHUNN —YES
COMMISSIONER FLURY-YES
CHARLENE JO`N SON COMMISSIONER MIKES -YES
CITY CLERK VICE-MAYOR MCELYEA -YES
MAYOR ANTON -YES
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO.2003-181
City of Dania Beach, Florida
Growth Management Department
Planning and Zoning Division JUL - 1 2Q03
(934)924--3645
® Plat Development Application
1' Variance
0 Special Exception Date Reed:
0 Site Plan
0 Rezoning Petition No.:- yA-5s-0 3
0 Land Use Change
0 Assignment of Flex/Reserve Units
13 Vacation Request
This application must be completed In full and submitted along with all necessary documents for It to be
processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISMONS AGENDA
UNTIL IT IS COMPLETE. Refer to the"Application Type"and"Required Documentation"checklist to
determine the supplemental documents required with each application. STAFF WILL PROVIDE THE
APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated in
individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the
State of Florida, and other appropriate design professionals. The applicant of record or their authorized
legal agent shall present projects to the pertinent board.
For after the fact applications,the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of your application. Once placed on an agenda,
the applicant or their authorizedlegal agent must be present at all meetings.
Location Address: 'L �'• �htL d q n a- L� ;U Pea F� �3cm L
Lot(s): Block: Subdivision:
Recorded Plat Name:
Folio Number(s): 03-6 0—0010 Legal Description:
Present Zoning: Present Land Use: Explanation of Request:
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Value of Improvement: Est'd Date of Completion:
Will Project be Phased: If yes, Est'd Completion of each Phase:
Existing Use: Proposed Use:
Name of lican Consultant/Representative(circle one): I" I 1 G r I GIL.i L . 6 4M
Address of Applicant: dt�Ll Sllick ldaA Si" b oil i cv &U, �t 33�►�
• Business Telephone: y Home: Fax:
C.
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JUL 14
Updated 3/14/03 ,Q
Name of Property Owner; U 1Yl�n
Addness of Property Owner.
Li o7 �1 d7 q
Business Telephone: Home: [2'7 Fax: �, • �1�`� l-1�.
list any additional action(i.e. special exception,variance, rezoning,etc.)that may be needed to support
the proposed project:
List all previous action that has occurred on this property:
41NOTIO: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY
COMMISSION.
Sworn�p and subscribed re me Applican nsulta entative:
This .b day of r 20 v 3 1
Signature: / meatte: / '0
Ign Name of Notary Public (Print Name)
�state of( F1. ) n
�,J7tG(�I A.- AIAQ Ilk L1
Print Name of Notary Street Address,City,Sta and Ztp Code -NZ C."
Commission Expires: 6-39-o s ( - 6 Cl 9-1
• Seal: s telephone No.&Fax No.
1
14HEN PETMONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE
E FOLLOWING:
This is to certify that I am the ownerof subj la described above and that I have authorized
(Applicant/Consubnt/Representative) �/�C H.�� �i��-! to make and file the aforesaid
application.
Sworn to and subscribed before me Owner:
This isL day of 201_3 -
�.l Signatur • ' Date: 3
a�
afm(e of/4 ry Public (P t Name)
Print Name of Notary Street Address,City,Statee and 23p�Code
• Commission Expires: CG
Telephone No.&Fax No.
i
- AGENDA REQUEST FORM
CITY OF DANIA BEACH Am
7e
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: AUGUST 12,2003
2. DESCRIPTION OF AGENDA ITEM: VARIANE REQUEST—SALE OF ALCOHOLIC BEVERAGES
3. COMMISSION ACTION BEING REQUESTED: RESOLUTION
4. SUMMARY EXPLANATION &BACKGROUND:
Variance request by Michael Blum , owner of Michael's Kitchen Restaurant, to allow the sale of
alcoholic beverages (on-premises consumption) less than 1,000 feet from another establishments
and from a school (property located at 433 East Sheridan Street in the Publix Sheridan Shopping
Center).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
STAFF REPORT
RESOLUTION
BSO REPORT
APPLICATION
PUBLIC HEARING NOTICE
• MAILING LIST/LOCATION MAP
SEATING PLAN
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their July 16, 2003
regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date July 18,2003
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
r DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
DATE: August 12, 2003
TO: Ivan Pat/o, City Manager
VIA: LE'UFehc e�`eds, AICP, Director
FROM: Corinne Church, AICP, Principal Planner
SUBJECT: VA-55-03 — A request by Michael Blurs, owner of Michael's
Kitchen Restaurant, for a variance to allow the sale of
alcoholic beverages (on-premises consumption) less than
1,000 feet from another establishments and from a school
(Property located at 433 East Sheridan Street in the Publix
Sheridan Shopping Center).
Variance:
To allow the sale of alcoholic beverages less than 1,000 feet from another
• establishment and from a school.
The applicant currently has an alcoholic beverage license and serves beer and wine.
The applicant now wishes to sell liquor for on-premises consumption and has also
requested permission to place tables on the sidewalk outside the restaurant.
The Zoning Code requires a 1,000 foot separation between the liquor establishments
as well 1,000 foot separation from a school. Two (2) bays down (approximately 30
feet away) was the location of KC's Liquor, which has recently gone out of business.
If a liquor license is still current for that site, the sale of alcohol would not be
allowed at this location.
Staff has received a letter of no objection from the Broward Sheriff's Office.
While the restaurant is located 634 linear feet from the school property line, the
pedestrian travel distance between the door of the restaurant and the school gate,
following sidewalks, is 1,800 feet. In addition, the applicant's primary business is a
restaurant that is part of a planned shopping center.
•
Special Request:
• The applicant is requesting City Commission approval to allow an outdoor
seating area.
The applicant has also requested accessory outdoor seating to be located
immediately adjacent to the restaurant. The outdoor area will be associated with
the existing restaurant and which will help the applicant to comply with the new
State law prohibiting smoking in restaurants and provide an outdoor cafe
ambiance.
In order to insure assure compliance with the American Disability Act (ADA) and
other requirements, staff is requesting approval from the Building Official and the
Fire Department prior to outdoor seating being implemented.
STAFF RECOMMENDATION
Approval of the variance.
Staff has no objection to accessory outdoor seating, subject to:
1) Compliance with ADA (Submission of table plan required).
• 2) Approval of the Building Official and Fire Department.
3) Consent of the shopping center owner.
KENJENNE
SHERIFF
BROWARD COUNTY
PO BOX 9507
FORT LAUDERDALE, FLORIDA 33310
DATE: July 15, 2003 BC03-174
MEMO TO: Director Lawrence Leeds
Communi Development Department
FROM: Chief Bry Cart
District 2- ania Beach
SUBJECT: MICHAEL'S RESTAURANT/433 E. SHERIDAN STREET
Pursuant to your request, I have conducted a history of calls for service at the above
listed location. There have been no calls for service or issue involving the listed location
that would result in our objection to a variance.
If you have any questions, feel free to contact me at (954) 926-2417.
cc: File
•
- NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on August 12,
2003, at 7:00 p.m., or as soon thereafter as possible, in the Commission Chambers, Dania Beach
Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing
any comments which might be made to the following request:
VA-55-03 — Variance request by Mr. Michael Blum, owner of Michael's Kitchen Restaurant located at 433
East Sheridan Street in the Pubisx Sheridan Shopping Center. Mr. Blum is requesting a variance from
Chapter 28, Zoning, Article 4.201 (Proximity of beverage establishments to churches, schools) and
Chapter 4, Alcoholic Beverages, Sec. 4-3 (Proximity of new beverage establishments to existing beverage
establishments). Mr. Blum is also requesting accessory outdoor seating.
Legally described: Sandpiper Bay Commercial 117-2 B Tract A Less Commencing at the SW corner of Said
Tract, Easterly 418.36 to Point of Beginning, Northerly 265, Easterly 200, Southerly 229.85, Southwesterly 49.60,
Westerly 164.85 to Point of Beginning.
Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West
Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday
please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be
heard with respect to the proposed petition.
0 accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL
33004, (954) 924-3622, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City
Commission with regard to any matter considered at this meeting or hearing will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to based.
Lou Ann Cunningham i �\
Planning Associate I j
Publish: Friday, August 1, 2003
S ER WO DS AT RM
OLSEN MIDDLE SCHOOL H CO e
MM41 � 6
\
MICHAELS c
KITCHEN in
SHERIDAN SHERIDAN PUBLIX SHOPPING o z
• 300 400 SQUARE °
1
A m
i
more information `Infer= If:�C�2 l S
CITY OF DANIA BEACH/ at
parties may appear.
at the public hearing and �\ N
NOTICE IS HEREBY GIVENlas
ha heard with respect to,
that a public,hearing willthe proposed petit on.
be„held before the,Cityin aceord8nce With :the
Commission• on. AugustAmericans':With'Disabilf-
12;2003,'at 7:00 PM;or asties Act,persons-needing
soon thereafter as,possi sistance,to participate
lbie, in-,the Commission in any'of these proceed
Chambers Dania` Beach logs should contact Chat
Administrative ; Center; lane`Johnson; City Cleric;
100-West Dania� Beach 100 W.Dania Beacp.Blvd;
Blvd., Dania Beach, Florl- Dania Beach, FL 33004,
d8 33004,for the purpose(954)924.3622,at least48
of hearing any comments hours prior to meeting,.;
Which miggh�t'be made to -
the�ollowing request. Arty person who"decides
VA 5-09 variant@ re to appeal ,any,decision
ue8t by Mr 'Michael made by thQ Planning and
G Zoning Advisory Board'or
gl , 0 rior,of Michael's the.City Commission wito
KitNerY Rest@uril locat=regand to-a matter tort:
ed',at 433 East;Sheridan sidered at-this meeting or.
Street in the PUbijx Sheri- hearing will.head arecon
dan Shopping,Ctinter..Mr. of the prdceedings and for
Blum is requesting a vari-such purpose may need to
ante from Chapter 29, ensure that a.verbatliO
Zoning," Article 4.201 record of the proceedings
(Proximity of beverage:es- Is made,which record in-
tablishments to churches, cludes the testimony and
schools) and'Chapter 4; evidence upon which the
Alcoholic Beverages Sec.appeal Is to based.
(4-3(Proximittyy of new bev-
erage estabOshments to Lou Ann Cunningham
existing, beverage esta-Planning Associate
biishments). Mr::Blumgis AMM4„20"
a"requesting accessory.
® outdoor seating: _
Leg$Ily described d Sa "
piper Bay Commercl
117.4 B Tract A Less Com=
mencing at the SW corner
of Safd Tract;;Easterly
418.36 to Point of Begin-1
ning,Northerly 265;Ea t
erlyy 200;,, Southerly
229.85, Southwesterly
49,60,Westerly 164.85 to
Point of Beginning.
Copies of the �roposed
viewing in the Community
Development Depart.-
merit; 100 West Dania
Beach Blvd.,Dania Beach,
Florida between the hours
of 8:00 AM and 4:00 PM,
Monday Friday please
call (954) 924-3645 for
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