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Zoning Resolution 20-Z-177
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Zoning Resolution 20-Z-177
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Last modified
1/21/2021 2:06:36 PM
Creation date
8/7/2020 10:30:01 AM
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CityClerk-Resolutions
Resolution Type
Zoning Resolution
Resolution Number
20-Z-177
Date (mm/dd/yyyy)
07/16/2020
Description
Denying the Zoning Application for conditional use approval submitted by Publix Super Markets, Inc.
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WHEREAS, the City Commission reviewed the Application, the written and oral <br /> recommendations of the Planning and Zoning Department and finds that the Application does <br /> not meet the criteria for conditional use approval under the Land Development Regulations and <br /> the Comprehensive Master Plan of the City and does not maintain the basic intent and purpose of <br /> the zoning, subdivision or other land use regulations, which is to protect the general welfare of <br /> the public, particularly as it affects the stability and appearance of the community; and, further <br /> finds that said request should be denied. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and <br /> confirmed as being true and the same are hereby made part of this Resolution. <br /> Section 2. Findings and Conclusions. Based upon an analysis of the application and the <br /> standards for approval for a conditional use approval under the Land Development Regulations <br /> and the Comprehensive Master Plan of the City, the City Commission makes the following <br /> findings and conclusions: <br /> The application for conditional use approval for a packaged liquor store to be <br /> located within the retail space on the ground level of the supermarket shopping <br /> center is inconsistent with the Land development Regulations because the <br /> establishment, maintenance or operation of the packaged liquor store would be <br /> detrimental to the public health, safety or general welfare and is inconsistent with <br /> the community character of the immediate neighborhood. <br /> Section 3. Denial. The Applicant's request for approval of a conditional use to allow a <br /> packaged liquor store to be located within the retail space on the ground level of the supermarket <br /> shopping center is hereby DENIED. <br /> Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all <br /> things necessary to effectuate this Resolution. <br /> Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this <br /> Resolution is, for any reason, held invalid or unconstitutional by any Court of competent <br /> jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such <br /> holding shall not affect the validity of the remaining potions of this Resolution. <br /> Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and <br /> are hereby repealed. <br /> Section 7. Effective Date. This Resolution shall become effective upon adoption. <br /> PASSED AND ADOPTED this 16th da e -July 2020. <br /> :s <br /> ' 51'George H. Scholl, Mayor <br />
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