1998-0716 Regular City Commission Meeting

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Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 6- B. Hearing No. Z97000480a[C] REQUEST OF MARINA BAY CLUB, INC, PROPERTY OWNER SOUTH OF 183RD STREET BETWEEN NORTH BAY ROAD AND ATLANTIC BOULEVARD FOR THE FOLLOWING: 1. Modification of Condition #2 of Resolution 4-ZAB-235-92 passed and adopted by the Zoning Appeals Board on the 15th day of July, 1992 reading as follows: From: #2 - That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Belle Vere Condominium," as prepared by Tomas Ortiz and Associates, Inc., dated 4/6/92, except as herein modified to require that the 8' high garden wall be placed 2' in from the abutting property and that landscaping be provided between the property line and said wall. To: #2 -That in the approval of the plan the same be substantially in accordance with that submitted for the hearing entitled "Golden View Apartments," prepared by Kobi Karp Architects dated 11/10/97 consisting of 14 sheets. The purpose of this request is to allow the applicant to submit new plans showing additional floors and units than previously approved. 2. Non-use variance of setback requirements to permit proposed building to setback 28.00'(43.94'required)from the side street(north& northwest)property line and setback 28.75' (43.94' required) interior side (south) property line. Ex-parte disclosures 0 Protests 0 Waivers 4 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location, and *administered the oath to the witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all**of the evening's Zoning hearings. Public Speakers: Stanley Price, Esq.; Zoning and Code Administrator Jorge Vera; City Building Official Michael Berkman; Frank LoPresti; Ada Valiente Garcia; Kathleen Kennedy; Claire Fuchs Mr. Price submitted five letters of waiver. [Clerk's note:The letter of waiver from Martin Eisen was withdrawn during the meeting by Mr. Eisen,who expressed the opinion that some facts about the project had not been accurately presented to him.] Zoning and Code Administrator Vera presented a favorable Zoning recommendation. City Building Official Berkman presented his report, explaining why there were differing Zoning and Planning recommendations, with his Planning recommendation being negative. Mayor Samson questioned the "apartment/hotel" category and how it could be enforced in the future. Commissioner Kauffman moved to deny the application, however the motion failed for lack of a second. Summary Minutes of the July 16, 1998, City Commission Meeting - Page 3 of 20