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<br />WHEREAS, the Applicant requested a withdrawal of the variance requests, Numbers 2 <br />and 7; and <br /> <br />WHEREAS, the 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 recommendation of the <br />Zoning Director; and <br /> <br />WHEREAS, the City Commission has reviewed the application, and finds substantial <br />competent evidence to support a showing by the applicant that the variances maintain the basic <br />intent and purpose of the zoning, subdivision or other land use regulations, which is to protect <br />the general welfare of the public, particularly as it affects the stability and appearance of the <br />community and that the non-use variances will be otherwise compatible with the surrounding <br />land uses and would not be detrimental to the community; <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />II. APPROVALS. <br /> <br />The applicant's requests for zoning variances are hereby approved subject to the following <br />modifications and conditions: <br /> <br />a. Request No.1, Modification of Condition 1B of Resolution 00-Z-53 passed and adopted <br />by the City Commission of the City of Sunny Isles Beach on the 21 st of September, 2000, <br />is amended to read as follows: <br /> <br />"That in the approval of the plan the same be in accordance with that submitted for the <br />hearing entitled "Cornerstone Newport Beach", prepared by Kobi Karp consisting of 12 <br />sheets dated stamped received 01/0312002, plans entitled "Newport Beach Tower", <br />prepared by Witkin Design Group consisting of 3 sheets dated sign and sealed 11120/01, <br />plans entitled "Sketch of Survey", prepared by Vicente Villa P.E. P.L.S. consisting of 1 <br />sheet dated 01/17/00." <br /> <br />b. Request No.3, Non Use Variance of Floor Area Ratio to permit proposed development <br />with a 5.10 floor area ratio. <br /> <br />c. Request No.4, Non Use Variance of Setback requirements to permit proposed building <br />to setback 53.3 ft from the front (west) property line and setback 5.67 ft from the interior <br />side (south) property line. <br /> <br />e. Request No.5, Non Use Variance of Zoning Regulations requiring the maximum width <br />of a building measured parallel to Collins Avenue to permit a 365 ft wide building <br />measured parallel to Collins Avenue. <br /> <br />f. Request No.6, Non Use Variance of Parking requirements to permit two-way driveway <br /> <br />Resolution No. 02-Z-66, Five Seas Investors, Inc. 4 <br />LMD:ch <br />Legislation/Resolutions/ Attorney <br />