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<br />WHEREAS, a public hearing of the City Commission was advertised and held as <br />required by law and all interested parties concerned in the matter were heard, and upon due and <br />proper consideration having been given to the matter and to the positive recommendations of <br />both the Zoning and Code Administrator and the Building Official; <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: <br /> <br />1. The request for Unusual Use to permit the maintenance and continued use of a water use <br />facility to wit; a marina and the request for a Non-Use Variance of parking requirements <br />to permit 0 parking spaces ( 25 parking spaces required) be, and the same are hereby <br />approved subject to the conditions listed below and further conditioned on the <br />Declaration of Covenants attached hereto as Exhibit "A:" <br /> <br />A. That a site plan be submitted to and meet with the approval of the Building Official <br />upon the submittal of an application for a building permit for any future changes to <br />the site. Said plans to include among other things but not limited thereto, location of <br />structure or structures, types, sizes and location of signs, light standards, off street <br />parking areas, exits and entrances, drainage, walls, etc. <br /> <br />B. That in the approval of the plan, the same be substantially in accordance with that <br />submitted for hearing entitled "Winston Towers Marina" prepared by Craven, <br />Thompson, Associates Inc. dated 8-5-98. <br /> <br />C. That the use be established and maintained in accordance with the approved plans. <br /> <br />D. That the applicant voluntarily proffered a declaration of restriction acceptable to the <br />Building Official restricting the uses permitted on the property but not limited to, time <br />of operation of business and parking requirements. See attached Exhibit "A". <br /> <br />E. That the applicant obtain a Certificate of Use and Occupancy from the City, upon <br />compliance with all terms and conditions, subject to cancellation upon violation of any <br />of the conditions set forth in the resolution and declaration of restrictions. That the <br />Certificate of Use and Occupancy be renewed annually. <br /> <br />F. That the applicant comply with all conditions and requirements of the Department of <br />Environmental Resources Management (DERM), the Fire Department and the Florida <br />Department of Transportation <br /> <br />G. That the boat storage facility be limited to 49 slips. <br /> <br />H. That only one (1) liver board be permitted who shall also be the Dock Master for the <br />Marina. <br /> <br />2. This Resolution shall become effective upon adoption. <br />