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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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. G, n '� �d �c�5� -� tom, � � S -Q cw--e 10 A C-e(-eL hi4 r,levy-a Sv G C� " M C6 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. 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