Resolution Zoning 08-Z-115 - Laserfiche WebLink

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NATIONAL DELI CORPORATION 17190 Collins Avenue Sunny Isles Beach, Florida 33160 October 21, 2008 VIA HAND DELIVERY LETTER OF INTENT RELATING TO CONDITIO Re: Epicure Market/17190 Collins Avenue/Conditional Use Application roJ~~~~\YI~rm lnl OCT 2 1 2008 lW 2- ~- 0 PLANNING & ZONING DEPT. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Office of the Planning and Zoning Administrator Dear Administrator: In accordance with City requirements, and in response to the letter from the City Attorney dated October 9, 2008, this letter accompanies our application for conditional use arising out of the denial of our application for Certificate of Use relating to "Merchants Retail (Package Store)", Per City letter dated September 29, our application was denied due to the failure to satisfy the 750' distance requirement as required by Section 98 of the Code of Ordinances, Enclosed please find the following signed and notarized documents, in duplicate, In support of our application: 1, Public Hearing Application. 2, Site Plan 3, Summary of the project 4. Ownership affidavit and owner's sworn to consent. 5. Certified survey, 6, Legal Description of subject property 7. Disclosure of Interest 8. Copy of lease We are entitled to the Conditional Use because we satisfy all of the criteria established in g265-l3 of the Code of Ordinances. Specifically: I) The proposed use is consistent with the Comprehensive Plan - in fact, the requested use which was denied has been permitted since 1954 by Miami-Dade County Resolution Nos. 2-ZAB-440- 64, 4-ZAB-578-71, and 4-ZAB-462-74 (copies attached), The business has been operated continuously since opening without abandoning. its permitted use, and long predates any other package sale use with 750'; 2) The establishment, maintenance or operation of the proposed use is not detrimental to or endanger the public health, safety, or general welfare; 3) The proposed use is consistent with the community character of the immediate neighborhood of the proposed use. The desired package sale use is within an overall upscale market, and is not a "stand alone" package store. It should have no adverse impact on the neighbors within or outside of any distance requirement; 4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, exist at the City's adopted levels of service; 5) Adequate measures exist to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; 6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and