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6. ZONING: <br /> A. Hearing No. Z980001 11-52-42 <br /> REQUEST OF INTERCOASTAL YACHT CLUB TRUST, OWNER OF PROPERTY <br /> LOCATED NORTH OF SUNNY ISLES BEACH `BOULEVARD AND BETWEEN <br /> NORTH BAY ROAD AND THE INTRACOASTAL WATERWAY FOR THE <br /> FOLLOWING: <br /> 1. Use variance to permit proposed apartment development with a density of 60 <br /> units per acre (675 units) 50 units per acre permitted (562 units). <br /> 2. Non-use variance of setback requirements to permit proposed building to <br /> setback 47' (84.32' required) (62 previously approved) from the interior side <br /> (north) property line. <br /> • 3. Non-use variance of parking requirements to permit 993 parking spaces (1153 <br /> required). <br /> Ex-parte disclosure 1* Protests 1 Waivers 1 <br /> ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and <br /> location, and the court reporter administered the oath to the witnesses for the Zoning <br /> hearing. Mayor Samson read a disclaimer in accordance with Ordinance No. 97-4, <br /> and City Attorney Dannheisser read a disclaimer for the record. Vice Mayor Turetsky <br /> disclosed ex-parte communications he received. [*Clerk's Note: A memo from Vice <br /> Mayor Turetsky was submitted at the meeting and filed with the records, disclosing ex- <br /> parte communication on this matter.] <br /> Public Speakers: Stanley Price, Esq.; Esq.; City Building Official Michael Berkman; <br /> Martin Eisen; Cecile Sippin; Kathleen Kennedy; Leroy Weiner; Mary Ann Eicke; Claire <br /> Fuchs; Joseph Sonneborn; and Ada Valiente Garcia <br /> Mr. Price, representing Jose Milton, reported that the applicant was withdrawing all <br /> variance requests, and was only seeking to substitute a new site plan for the <br /> previously approved site plan, with no variances, and the specific request to transfer <br /> one story from the northern-most building to southern-most building. City Building <br /> Official Michael Berkman presented his report. He said that City staff have a serious <br /> concerns regarding the appropriateness of the use of apartment/hotel on the <br /> intracoastal side of the island. Mr. Berkman recommended that all of the conditions <br /> specified by staff be maintained as a condition of site plan approval. Additionally he <br /> recommended that the language of the conditions be modified so that the height that <br /> the developer reduce the north building by be more than one or more stories as is <br /> necessary so that they meet the setback requirements. Mr. Price agreed to the <br /> additional condition, but he objected to part of City Zoning & Code Administrator Jorge <br /> Vera's condition #5, which required that all units be put into a rental pool. Mr. Price <br /> asked that condition #5 be modified so that only apartment/hotel units be included, <br /> since condos would not be in the rental pool. <br /> Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to <br /> direct City staff to study the issue of the compatibility of"transient use" on the <br /> Intracoastal (North Bay Road). The motion was approved by a roll call vote of <br /> 5-0 in favor. <br /> Vote: Commissioner Iglesias yes <br /> Commissioner Kauffman yes <br /> Commissioner Morrow yes <br /> Page 2 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting <br />