1999-1014 Regular City Commision Meeting

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Commissioner Kauffman moved, and Commissioner Iglesias seconded a motion to deny the application without prejudice in accordance with City staff recommendations.The motion to deny was approved as Resolution No. 99-Z-36, by a roll call vote of 5-0. Vote: Commissioner Iglesias yes Commissioner Kauffman }es Commissioner Turetsky y Vice Mayor Morrow yes Mayor Samson yes 6B. REQUEST OF FLORIDA BELLEVUE ASSOCIATES,LTD., OWNER OF PROPERTY SOUTH OF 183RD STREET BETWEEN NORTH BAY ROAD AND ATLANTIC BOULEVARD. (Public Hearing #Z99-15) 1. Modification of Condition A& G of Resolution 98-Z-20,passed and adopted by the City Commission of the City of Sunny Isles Beach on the 17th day of September, 1998 reading as follows: From A: The applicant provide a Declaration of Non-Modifiable Restrictive Covenants that the property will remain an apartment/hotel,rental apartments and all services provided by a hotel,including daily linen services, front desk,valet and all services connected with a hotel operation,including a covenant that no unit will be sold as a condominium unit in perpetuity. To A: The applicant provide a Declaration of Non-Modifiable Restrictive Covenants that the property will remain an apartment/hotel, rental apartments and all services provided by hotel, including daily linen services, front desk,valet and all services connected with a hotel operation. From G: That the applicant agrees that all units will be made for rental and no more than five percent(5%)of all individual apartment units shall be occupied for more than six(6)months. To G: The applicant agrees that there shall not be the sale,conveyance,or long-term lease or sublease(for more than six(6)months)of five(5)percent or more cumulatively,of the units to the same buyer, lessor or sublessor. Protests 0 Waivers 0 Ex-Parte 0 ACTION: Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number, and location. The City Clerk administered the oath to the witnesses for the evening's Zoning hearings, and City Attorney Dannheisser read a disclaimer for the Zoning hearings. Public Speakers: Stanley Price, Esq.; David Hirchfeld; Jorge Vera; Mr. Price asserted that the developer couldn't get financing without the ability to sell the units as an apartment hotel. He also said the requested change doesn't alter the usage of the property. He characterized the application as a request to change a condition that was previously imposed by the City Commission. Mr. Vera stated that since no Zoning or legal issues were involved, he had no recommendation on the application; and it was a Commission policy decision. Commissioner Turetsky moved and Commissioner Iglesias seconded the motion to approve the application,which was approved as Resolution No. 99-Z-37,by a roll call vote of 5-0. Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 4 of 14