Reso 2022-3409 - Laserfiche WebLink

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0113 RESOLUTION NO. 2022 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RESCINDING RESOLUTION 22-Z-190 RELATED TO SITE PLAN MODIFICATION APPLICATION (PZ2022-06) SUBMITTED BY SUNNY ISLES LIVING LP, FOR THE PROJECT ENTITLED "MANSIONS AT ACQUALINA"; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sunny Isles Living LP (the "Applicant") sought approval of a Site Plan Modification (PZ2022-06) to modify the approved site plan for the Mansions at Acqualina project which was approved by the City of Sunny Isles Beach ("City"); and WHEREAS, on July 29, 2022, the City approved the Applicant's Site Plan Modification (PZ2022-06) by adopting Resolution 22-Z-190, to increase the FAR of dwelling Unit 602 by 308 square feet of Floor Area Ratio ("FAR"), through the City's TDR program, by enclosing a section of the dwelling unit's balcony; and WHEREAS, following the aforementioned approval, the Applicant advised the City of an error in the number of square feet of FAR sought, which should have been 313 square feet of FAR, instead of the approved 308 square feet of FAR; and WHEREAS, as a result of the aforementioned error, the Applicant has requested, and the City Commission has agreed, to rescind Resolution 22-Z-190. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Rescinding Resolution 22-Z-190. The City Commission of the City of Sunny Isles Beach hereby rescinds it approval of Resolution 22-Z-190. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining potions of this Resolution.