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Planning board denies nightclub spacing variance at 1099 NW 119th Street
Summary
The City of North Miami planning board voted 4–2 to deny a variance request that would have allowed a proposed nightclub at 1099 NW 119th Street to be closer than code allows to residences and other sensitive uses. Staff had recommended denial.
The City of North Miami Planning & Zoning Board voted to deny a variance request (V-16-24) for a proposed nightclub at 1099 NW 119th Street, rejecting a bid to deviate from the city’s minimum distance separations for nightlife uses.
The board’s decision came after a staff presentation that said the applicant satisfied only two of the six criteria required under the Land Development Regulations. Safi Vinemet, senior planning technician, described the request as a variance to Article 5, Division 9 (sections 5-908 and 5-909) to allow a nightclub to be closer than 2,500 feet to religious institutions and schools and closer than 1,500 feet to residential uses and parks. Vinemet told the board that staff recommended denial because the proposal failed to meet multiple approval criteria, including that the variance was not the minimum necessary and would be injurious to the nearby single-family neighborhood.
Neighbors and adjacent property owners told the board they were concerned about parking and late-night activity. Ronald Gabsey, a nearby property owner, said the proposed venue has four on-site parking spaces and that customers already overflow into adjacent lots. “A nightclub with 4 parking places, it just doesn't make sense,” Gabsey told the board.
The applicant, who identified himself as a 20-year restaurant operator, said his business has long served the neighborhood and asked for more operating hours so he could continue serving his customers. “I've been serving the city of North Miami for the past 20 years,” he said.
Board members debated enforcement and precedent. Board member McDiarmid noted staff’s recommendation and said he saw no extenuating circumstances to override it: “Staff has recommended denial. And I think to go against staff's evaluation is a bad precedent to set unless there's really, really extenuating circumstances.” Other board members cited the proximity to single-family homes and prior nightclub decisions in the area as reasons for denying the variance.
After discussion, Board Member Each moved to deny and the motion was seconded. The roll call produced four votes to deny and two votes against denial; the motion passed. Because the variance was denied, staff and the deputy city attorney advised the board that the related special exception to operate a nightclub was moot and removed from the agenda.
The board attached standard conditions for any future approval of similar uses citywide, including requirements for parking agreements to be reviewed by the city attorney, hours limits for alcohol sales and consumption, no off-site loitering, clearly posted signage, monitoring by security staff (which could include North Miami Police Department), and a music/entertainment license requirement under Article 5, Division 9 (sections 5-911 and 5-9012). Those conditions were explained by staff as elements that would have been required if the board had chosen to approve the request.
