1998-0326 Regular City Commission Meeting

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(none permitted). (6) Non-use variance of zoning regulations requiring all interior subdivision streets to be 50' wide' to waive same to permit 0' dedication for a portion of the south side of N.E. 185 Street. (7) Non-use variance parking requirements to permit 250 parking spaces (512 spaces required, 216 previously approved). (8) Non-use variance of setback requirements to permit a proposed building with a pedestrian bridge to setback 0' (20' required). The aforementioned plans are on file and may be examined in the Zoning Department. Plans may be modified at public hearing. SUBJECT PROPERTY: Tract "N" less the south 300' thereof, AMENDED PLAT OF NORTH BISCAYNE BEACH, Plat Book 44, Page 42. LESS AND EXCEPT a 20' strip of land, adjacent to and contiguous with the north line of said Tract "N" said strip of land being a roadway dedication, Official Records Book 54, Page 548. SIZE OF PROPERTY: 251' x 600' PRESENT ZONING: BU-1A (Business - Limited) ACTION. City Clerk Brown-Morilla read the applicant's name, hearing number, location and request, and the court reporter administered the oath to the witnesses for the agenda's Zoning hearings. City Attorney Dannheisser read a disclaimer for the record. Public Speakers: Peter N. Weiner, Loretta Mufson, Ellen Wynne (Clerk's Note: The following items were submitted at the meeting and filed with the records: page 3 of revised City staff recommendations; Declaration of Restrictive Covenants; diagram of the Golden Shores neighborhood prepared by Ellen Wynne] In addition to the written proffers contained in the Declaration of Restrictive Covenants, Mr. Weiner, the applicant's representative, stated the applicant was withdrawing requests #'s: (5) Non-use variance of parking regulations to permit tandem parking (none permitted), (6) Non-use variance of zoning regulations requiring all interior subdivision streets to be 50' wide' to waive same to permit 0' dedication for a portion of the south side of N.E. 185 Street, and (7) Non-use variance parking requirements to permit 250 parking spaces (512 spaces required, 216 previously approved). Per Mayor Samson's request the applicant agreed to withdraw request #(8) Non-use variance of setback requirements to permit a proposed building with a pedestrian bridge to setback 0' (20' required). With regard to request#6, the applicant will enter into an agreement with the County and the City to use 25' of 185th Street, in the northwest corner, in the event that either the County or the City wants to widen 185th Street in the future the landscaping would be removed at the applicant's expense and the Street would be paved. City Attorney Dannheisser noted that City Commission approval would be conditioned on the applicant receiving and submitting to the City Building Official the approval of the Shoreline Review Committee, and if the Shoreline Review Committee requires a substantial change on the approved plans, the applicant shall return to the City Commission through the public hearing process for approval on the modifications. Mr. Weiner proffered the additional condition regarding the elimination of the bathrooms on the plans that are not in bedrooms. Mr. Weiner proffered additional conditions, subject to the determination of the Building Official, as to a limitation on the hours of operation/ closing time of the restaurant, and to limit the amount of amplification of music , if any, Page 4 of 11 - Summary Minutes of the March 26, 1998, City Commission Meeting