1997-1120 Regular City Commission Meeting

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IX. ZONING: (See Memorandum of Law re: zoning items prepared by City Attorney) Collins Restaurant Group, Inc. d/b /a Black Angus Steakhouse; Hearing #97 -389 Location: 18290 Collins Avenue, Sunny Isle Beach Request: (1) For non -use variance for zoning regulations limiting the sale of alcohol beverages for consumption between 8:00 a.m. and 1:00 a.m. to very same to permit restaurant and bar with sale of alcohol beverages between 8:00 a.m. and 6:00 a.m., and (2) For non -use variance to zoning regulations limiting the sale of alcohol beverages for consumption in restaurant Sundays between the hours of 1:00 p.m. and 1:00 a.m. and the following day in bars between 5:00 p.m. and 1:00 p.m. the following day to very same to permit restaurant and bar with sale of alcoholic beverages between 1:00 and 6:00 a.m. on the following day. ACTION: The City Clerk read the title, and administered the oath to the witnesses. Two Miami -Dade County officials from the Department of Planning, Development Regulation addressed the Commission: Al Torres presented the Zoning Division's recommendation in favor of the request, and Skip Skofield presented the Planning Division's recommendation for approval of the requests with conditions. Public Speakers: Al Torres; Skip Skofield; Lester Goldstein, Esq.; Dwayne Saliba - representing the applicant; Selma Klein; Maryanne Eicke; Bonnie Klepper; Seymour Howard; and Judge Manuel Ramos. Mayor Samson expressed concern regarding statements that dancing was occurring in the restaurant. At Torres clarified that the application was evaluated by County staff based on a bar and restaurant use only, not on a nightclub use. He said the plans on file contain no reference to a dance floor, and no plans were submitted with this application since it only involved a request to extend the hours of operation. Mr. Goldstein stipulated for the record that the dance floor is less than 100 square feet, and they would not expand the dance floor. Vice -Mayor Turetsky moved, and Commissioner Morrow seconded approval of the two requested non -use variances with conditions, which was adopted as Resolution No. 97 -Z-4, by a vote of 4 -1 in favor. The conditions are: 1. All usual conditions applicable in this case as required by the Zoning Division. 2. That food service be available during all hours of operation. 3. That if the restaurant use is abated, the bar use shall also be abated. 4. Entertainment, if any, shall be limited to no greater than a five -piece band and one vocalist. 5. The dance floor, if any, shall be limited to a size no greater than 100 square feet. 6. Applicant shall continue to operate the premises solely as a restaurant as defined in Section 33 -151 (g) of the Code of Metropolitan Dade County. Any further extension of hours of operation and/or any nightclub use of the premises is strictly prohibited. Vote: Commissioner Kauffman RQ Commissioner Morrow Vice -Mayor Turetsky y Commissioner Iglesias Mayor Samson page 7 of 9 - Minutes of the November 20, 1997 City Commission meeting