Resolution Zoning 07-Z-108 - Laserfiche WebLink

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WHEREAS, the City Commission revicwed the Application, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render rcports with respect to the Application, including the recommcnded conditions, and finds substantial competent evidcnce to support the approval of this zoning application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: I. APPROVAL. The City Commission hereby approves Applicant's request for a variance Ji-om Section 265-45 E(4) of the City of Sunny Isles Bcach Land Development Regulations, requiring that on non-residential parcels "no walls or fence shall be permitted within the front yard setback". The approval is subject to Applicant's compliance with all the terms and conditions outlined in the Letter Agreement dated February 13, 2005, attached hereto and identified as "Exhibit A", and the conditions listed below which are transferable to Applicant's successor, buyers or assignee and subject to the conditions set forth below being performed to the satisfaction of the City. II. Conditions (1) That the wall is maintained substantially in accordance with the plans submitted for public hcaring. Plans are on Iile and may be examined in the Planning and Zoning Department entitled "Porter House [Jar and Grill", prepared by Joseph 13. Kaller Architecture Interior Planning, consisting of I sheet dated stamped 12-11-06. Plans may be modilied at publie hearing. Plans may be modified at public hearing. (2) That the Applicant also known as R.K. Associates or Ranaan Katz shall enter into easement agreements with the City in accordance with the terms outlined in the Letter Agreement attached hereto as Exhibit "A" and in accordance with the additional terms set forth herein. The easement agreements shall specify that the easements shall be used for landscaping purposes, undergrounding of utilities, and placement of streetscape furniture which includes but not limited to bus benches, garbage receptacles, and news racks. Upon the utilization of the easement parcels by the City, the City shall be responsible for maintaining the easement parcels and any streetscape furniture located on the easement parcels. (3) That the City shall reimburse the Applicant a total of $3,500 of verifiable expenses related to the variance application. (4) That the Applicant shall comply with all City Ordinances applicable to development an permit approvals. This variance is subject to revocation in the event that Applicant fails to comply with any of the conditions set forth herein R07-2- Porler Ilouse 2