2012-49RESOLUTION NO. 2012 -49
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW THE SALE OF WINE AND BEER AT A COCKTAIL
LOUNGE WITHIN SICILIAN OVEN RESTAURANT LOCATED AT 20475
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, in accordance with Section 4 -2(a) of the Code of Ordinances, the
applicant, Scott E. Backman for Aventura Eatery, LLC, doing business as Sicilian Oven
Restaurant, through Application No. 03 -CU -12 is requesting conditional use approval to
allow the sale of wine and beer at a cocktail lounge within Sicilian Oven Restaurant
located at 20475 Biscayne Boulevard; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by Section 31 -73(d) of the Code; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent that the Application is granted
herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application 03 -CU -12 for Conditional Use to allow the sale of wine
and beer at a cocktail lounge within Sicilian Oven Restaurant in the B2 zoning district is
hereby granted exclusively to the Applicant, subject to the conditions set out in this
Resolution, on property legally described as Parts of Tracts A, B and C of the Plat of
"The Promenade Shops" as recorded in Plat Book 133, Page 39, of the Public Records
of Miami -Dade County, more particularly described in Exhibit "A" to this resolution and
known as municipal address 20475 Biscayne Boulevard.
Section 2. Approval of the request above is subject to the following conditions:
Resolution No. 2012 -49
Page 2
1. This approval shall be granted exclusively to Aventura Eatery, LLC, doing business
as Sicilian Oven Restaurant.
2. The use shall be established within twelve (12) months of the date of this
Resolution, or the approval granted herein shall expire, unless extended by motion
of the City Commission at the written request of the applicant, provided that the
applicant shall file the request for extension within the twelve (12) month period prior
to expiration.
3. The sale of wine and beer in the cocktail lounge area shall be terminated in the
event that the City Commission determines, after public hearing, that the operation
has created a disturbance to the community. A public hearing shall be set if the City
Manager finds probable cause to believe that a disturbance has been created by the
use, based upon complaints received or based upon the City Manager's
observation.
4. The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale of alcoholic beverages for consumption on the premises pursuant
to Section 4 -3(d) of the Code, which permits sales of wine and beer for consumption
on the premises between the hours of 8:00 a.m. and 1:00 a.m. the following day.
Section 3. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Stern, who moved its
adoption. The motion was seconded by Commissioner Howard Weinberg, and upon
being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Howard Weinberg
yes
Commissioner Luz Urbaez Weinberg
yes
Mayor Susan Gottlieb
yes
Resolution No. 2012 -_qj
Page 3
PASSED AND ADOPTED this 13th day of November, 2012.
AN GOTTLIEB, MAYOR
ATT ST: �4
L J
E ESA M. SOROR& MAC
CLERK
APPROVED AS TO L GAL SUF I IENCY:
C I ATT N EY
Thisgesolution was fijqd in, he Office of the City Clerk this 14 day of November, 2012.
CLERK