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<br />---,- <br /> <br />RESOLUTION NO. 08-Z--.1l.5 <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, APPROVING THE <br />CONDITIONAL USE APPLICATION SUBMITTED BY NATIONAL <br />DELI CORPORATION/JERRY'S FAMOUS DELI (Z2008-08) TO <br />OPERATE A LIQUOR STORE WITHIN THE TOWN CENTER <br />DISTRICT; FURTHER APPROVING A REQUEST TO SELL <br />SPIRITS FOR OFF- PREMISE CONSUMPTION PURSUANT TO <br />SECTION 98-5 OF THE CITY CODE SUBJECT TO CERTAIN <br />CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />I. RECITALS. <br /> <br />WHEREAS, on November 18, 2008, the City Commission of the City of Sunny Isles <br />Beach conducted a public hearing on the conditional use approval application (Z2008-08) <br />submitted by National Deli Corporation/Jerry's famous Deli (the "Applicant") for the following, <br /> <br />The Applicant is requesting conditional use approval to sell beer, wine and spirits within a <br />grocery market. The Applicant is also requesting that it be permitted to sell spirits for off- <br />premise consumption under the grocery store exception relating to the distance requirements for <br />alcoholic beverage establishments. <br /> <br />LEGAL: <br /> <br />Parcel 2 <br /> <br />LOTS I, 2, 3, 4, AND 5, SOUTH SHORE ESTATES, ACCORDING TO THE PLAT THEREOF, <br />RECORDED IN PLAT BOOK 52, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI-DADE <br />COUNTY, FLORIDA; <br /> <br />AND <br /> <br />THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S <br />OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS <br />RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE <br />COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA <br />STATE ROAD AlA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: <br /> <br />BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE <br />SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, <br />ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE <br />PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF- <br />WAY LINE OF FLORIDA STATE ROAD AlA, AS SHOWN BY PLAT RECORDED IN PLAT BOOK <br />47, PAGE 101, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT <br />BEING THE SOUTHEASTERLY CORNER OF LOT I, OF THE SUBDIVISION OF SOUTH SHORE <br />ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN THE PUBLIC RECORDS OF MIAMI- <br />DADE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF THE NORTH 100 <br /> <br />17190 Jerry's Famous Deli <br />