2013-1017 Regular City Commission Meeting (2)

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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of sunny Isles Beach. Florida Regulations, a variance is required to permit a tower to be 124' -2" from the front property line, where a minimum of 130' -0" from the front property line is required within the Business Overlay under Section 265 -38 E.(4)(d)[1] of the Land Development Regulations. 6. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, a variance is required to permit a penthouse to be 201' -3" from the front property line, where a minimum of 230' -0" from the front property line is required within the Business Overlay under Section 265 -38 E.(4)(d)[11 of the Land Development Regulations. 7. Pursuant to Section 26> -63.3 (G) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of graphics and murals on a temporary construction fence. Protests 0 Waivers 0 Ex Parte 0 Action: [City Clerk's Note: This item was heard after /rein 5A.] Mayor Edelcup gave opening remarks on zoning procedures /decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. She then read the applicant's name, location, hearing number, and asked if there were any ex -parte disclosures from any member of the City Commission, and there were none. City Planner Claudia Hasbun reported noting the location of this project is adjacent to the Government Center. She said at this time staff has no objection to this application provided that all conditions as stipulated are satisfied. Public Speakers: Warren Stamm, Esq.; Paul Slattery; Gil Dezer: Caridad Kremen; Arlene Koenig Warren Stamm, Esq. representing the Applicant, introduced Paul Slattery of the Architectural Firm of Slattery & Associates who is going to address the technical components to the project. You will also be hearing from Gil Dezer who is the Principal of Dezer Universal, LLC, the owner /developer of the Dezer Office Tower. They have envisioned and created a 17 -story office complex which will house a street -level retail banking and financial establishment, with nine (9) floors of parking, and eight (8) floors of office space, with a total FAR of 146,250 square feet. In order to achieve this they are also requesting 33,364 square feet of TDRs which they have on deposit with the City. Their submittal was for 33,750 TDRs but due to adjustments to the design and conformance with City Code and the staff recommendation. they were able to reduce this number to the requested 33,364 square feet. Mr. Stamm said they are requesting a variance for side setbacks on the north and south side of the property as well as the front side setback on the east. He said the variance requested for the north pedestal side setback; we are requesting a 5 -foot variance in lieu of the current 10- foot setback. This variance is necessary in that the property which is adjacent to us on the north sits 1.5 feet from our property line. This is the rear section of the RK Plaza complex and it runs from eastern to westerly direction and it runs the length of the property. There is no public access to this area nor is there any ingress or egress by any of the tenants that are located in the commercial project next door. By granting this request, there will not be any impact to the public nor to the businesses operating within the complex. By permitting this variance we will create a non - access dome which will be gated and fenced where the office