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<br />WHEREAS, the City Commission revicwed the Application, the written and oral <br />recommendations of the Planning and Zoning Administrator and the Planning Consultant and all <br />outside consultants who render reports with respect to the Application, including the <br />recommended conditions, and found substantial competent cvidence to support a showing by the <br />Applicant that the requests for site plan modification are in compliance with the Land <br />Dcvelopment Regulations and the Comprchensive Master Plan of the City and 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. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS <br />SUCCESSORS OR ASSIGNS, AS FOLLOWS: <br /> <br />II. INCORPORATION OF RECITALS. <br /> <br />All recitals are incorporated into the body of this Resolution as ifsame were fully set forth herein. <br /> <br />III. APPROVALS. <br /> <br />I. The Applicant's request for approval of a variance from the requircments to reduce the front <br />setback of the tower from 75 feet to 57 feet and the porte-cochere front setback from 50 fect <br />to 35 feet 6 inches is hereby granted subject to the conditions set forth in Section IV. <br /> <br />2. The Applicant's request for approval for the modification of a previously approved site plan <br />submittcd for the Project known as "Paramount Beach" is hereby grantcd and said site plan is <br />hereby approved subjcct to the conditions set forth in Section IV. <br /> <br />IV. CONDITIONS <br /> <br />A. Conditions to be completed before below grade or building permits, including <br />foundation permits, are issued or construction of any nature is commenced. <br /> <br />I. That in the approval of thc plan be substantially in accordance with that submitted for public <br />hearing. Plans are on file entitled "Paramount Beach", prepared by Fullerton Diaz <br />Architects Inc., consisting of 24 sheets dated stamped receive 3-03-06. Plans may be <br />modi fied at public hearing. <br /> <br />2. All conditions approved under Resolution No. 04-Z-85 shall remain in affect. <br /> <br />3. That thc Applicant submit a revised Declaration of Restrictive Covcnants (the "Declaration") <br />in recordable form, in accordance with the provisions of the Codc of the City of Sunny Islcs <br />Beach, acceptable to the Planning and Zoning Administrator, prior to submittal of an <br />application for a building permit. The Declaration shall proffer the Beach Access Easements, <br />the landscaping Streetscape Easement, and the Oceanfi'ont Park, and eascments ovcr. across, <br />under and through all of thcse easements, all of which shall be fully accessiblc to the public <br /> <br />R06-Z- <br /> <br />Paramount Beach <br /> <br />3 <br />