The Miami Beach Planning Board voted 7-0 Tuesday to approve a conditional use permit for a larger restaurant at 834 1st Street in South of Fifth, the building now occupied by Fogo de Chão, even though the property owner has not yet found a restaurant to operate it.
The approval comes with an unusual condition. Once an operator is selected, the permit must return to the board for a modification hearing before a certificate of use can be issued. At that hearing, occupancy, seat count, hours of operation, and transportation and valet plans will all be open to further review.
What was approved
Cony Real Estate, LLC, the applicant, plans to renovate the building with new storefront glazing, a mezzanine dining level, a private dining room and a 20-seat patio along 1st Street. The plan calls for 398 seats and an occupancy of 509 people, up from roughly 288 seats and an occupancy of 296 today.
Renderings and plans from the application filed with the Planning Board for 834 1st Street. Charles H. Benson & Associates Architects, P.A.
A restaurant serving alcohol with an occupancy of 300 or more is classified as a Neighborhood Impact Establishment and needs Planning Board approval. The current restaurant falls under that threshold.
Attorney Graham Penn, representing the applicant, told the board that Fogo de Chão is relocating to 1212 Lincoln Road. The Design Review Board approved an entry canopy and signage for the chain at that address in December 2025. Penn said the owner wants to complete the renovation first in order to attract a high-end restaurant tenant.
The permit allows indoor service until 2 a.m. and outdoor service until midnight, with background music only. Outdoor music must end at 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday. Planning staff recommended approval.
A neighbor's objection
Matthew Gultanoff, a former Planning Board member who lives about 100 feet from the property, asked the board to postpone the item until an operator is identified. He objected to the increase in capacity, pointed to valet backups onto 1st Street documented in the applicant's own July traffic study, and described a pattern of large South of Fifth restaurants winning approvals and then closing. His presentation cited RED Steakhouse, GAO and Lucky Cat as recent closures, and noted that Gaia told the board in September it was cutting back to three days a week.
Penn responded by offering the modification hearing. He acknowledged that the owner bears the risk of spending millions of dollars on the renovation and then having the board reduce the occupancy.
Planning staff noted that the facade work can move ahead separately through the Design Review Board, which is scheduled to hear that application on Nov. 19. The increase in occupancy is what triggers the permit.
The applicant also agreed to a ban on special event permits and on patrons waiting outside. A follow-up study of valet queuing is required within six months of the restaurant becoming fully operational.
Gultanoff said the outcome addressed his concerns. "I told Matthew. He won," Penn said as the board prepared to vote.
The official agenda and application materials are available through the City Clerk's meetings and agendas page. The item can also be read on miamibeachagenda.com, an independent tool for browsing city agendas.
