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<br />NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, THAT: <br /> <br />1. A special exception for site plan approval to permit a proposed development consisting of <br />a condominium building and an apartment hotel including the non-use variance of lot coverage <br />49.8% where 40% if permitted and non-use variance of setback for garage structure, condominium <br />building and apartment/hotel being the same is hereby approved upon the following conditions: <br /> <br />F. <br /> <br />G. <br /> <br />H. <br /> <br />Resolution 98-Z-9 <br /> <br />A. <br /> <br />Non-use variance of the floor area ratio be reduced to 2.5 where 2.0 was permitted <br />and 2.99 was requested. <br /> <br />B. <br /> <br />That a site plan be submitted to and meet with the approval of the Building Official <br />upon the submittal of an application for building permit. Said plan to include among <br />other things but not limited to, the location of structure or structures, type, sizes and <br />locations of signs like standard off-street parking areas, exits and entrances, drainage <br />walls, etc. <br /> <br />C. <br /> <br />That in the approval of the plan the same be substantially in accordance with those <br />submitted for hearing entitled "Colonial Inn" prepared by Seiger Architectural <br />partnership, sheets 1-26, dated 3/6/98 and sheet lA dated 3/17/98 and plans entitled <br />"Colonial Inn Schematic Landscape Plan" prepared by Bradshaw, Gill & Associates, <br />dated 3-5-98 with appropriate reductions in FAR. <br /> <br />D. <br /> <br />That a recordable agreement be submitted to and meet with the approval of the <br />Building Official providing for permanent and safe access for pedestrian and <br />vehicular traffic within the development and particularly for fire, police, health and <br />sanitation and other public service personnel and vehicles. Such agreement shall be <br />executed by the property owners and any and all parties having an interest in the <br />land, such as mortgages, etc. and its improvements. <br /> <br />E. <br /> <br />That in the event of multiple ownership a homeowners' association be established <br />in accordance with applicable regulations to assure that all common areas and <br />facilities for the use of the residents shall be maintained in continuous and <br />satisfactory manner, and without expense to the general taxpayer of the City of <br />Sunny Isles Beach. <br /> <br />That the applicant comply with all conditions and requirements of the Department <br />of Environmental Resources Management (DERM), the Fire Department and the <br />Florida Department of Transportation. <br /> <br />That a 12 foot easement for access to the beach for public use be provided along the <br />northern portion of the property. <br /> <br />That restaurants or stores use (if any )be subject to the following conditions: (a) that <br />the use be limited to the inhabitants of the complex, (b) that the use provide no direct <br /> <br />-3- <br />