2016-0915 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida 6B. Request of The Mansions at Acqualina Site Plan Modifications—Ruslan Krivoruchko ("Applicant")for the Property Located at 17749 Collins Avenue,Site Plan Modification for the Following: (Hearing #PZ2016-08) Summary: The Applicant is requesting a modification of the approved site plan to increase square footage from 431,305 square feet to 431,666 square feet(361 square-foot increment)in order to enclose a section of a penthouse unit's balcony. Further, the Applicant is requesting approval of the purchase of additional Transfer of Development Rights(TDRs)in the amount of 361 square feet of Floor Area Ratio (FAR). Requests: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting a site plan modification to an approved site plan for an increase in square footage from 431,305 square feet to 431,666 square feet of Floor Area Ratio (FAR). 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting the approval of the purchase of 361 square feet of TDRs from the City's TDR Bank. (Hear in Conjunction with Item 10AA) Protests 0 Waivers 0 Ex Parte 0 Action: [City Clerks Note:Item 6B was heard with related Item 10Z.] Mayor Scholl gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. City Planner Claudia Hasbun reported that this Application for a site plan modification for the property located at 17749 Collins Avenue, is a modification of existing Penthouses at level 44. The Applicant,Ruslan Krivoruchko, is requesting to enclose an existing terrace for 361 square feet of FAR. The square footage will come from the City's TDR Bank as exceeding what the Applicant has already in the project itself. It is required for him to pay$45,125.00 for TDRs if approved. Public Speakers: Clifford Schulman, Esq. Cliff A. Schulman, Esq. said the Condominium documents for the Mansions called out what we call Penthouse Enclosure Option Units which allows,subject to plans which were attached to the condominium documents,the ability to enclose and create an additional bedroom,and that bedroom was 361 square feet. Some of those units were built as part of the original construction of the Mansions and some of them, in this particular case,are coming afterwards. But unfortunately even though it is only 361 square feet, any increase in density or intensity under the City's Land Development Regulations has to come back before the Commission for site plan approval. Art Robinson from Stuart Cohen Associates,the Architect is here to show you if you wish where this bedroom is going to be. But in this particular instance,we believe that there are no variances involved, we are substantially hundreds of thousands of feet less than allowable FAR. There may be further applicants that decide to combine units,and in this case it is on the 44th floor in a combined penthouse unit that will add the additional bedroom. It is consistent with the Comp Plan, no variances required, from the aesthetic point of view really no impact upon the development as a whole. 3