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RESOLUTION NO. 12 -Z -J-.`7 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, ( "CITY ") APPROVING A <br />REQUEST TO MODIFY A SITE PLAN FILED BY LPLA PARTNERS, <br />LP. (THE "APPLICANT ") SUBJECT TO CERTAIN CONDITIONS, <br />FOR PROPERTY LOCATED AT 17749 COLLINS AVENUE; <br />PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO <br />DO ALL THINGS NECESSARY TO EFFECTUATE THIS <br />RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING <br />FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. <br />I. RECITALS <br />WHEREAS, LPLA PARTNERS, LP (the "Applicant ") applied for a modification to an <br />approved site plan pursuant to Resolution No. ll -Z -124 passed and adopted by the City <br />Commission of the City of Sunny Isles Beach on the December 22, 2011 requesting the following: <br />Pursuant to Section 265 -46 (A)(4) of the City of Sunny Isles Beach Land Development <br />Regulations, the Applicant is modifying the tandem parking counts from 20% to 100% <br />where the 100% is permitted under the City Code. <br />2. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development <br />Regulations, the Applicant is requesting a variance of Section 265 -35 (D) (4)(c)[1] (a) to <br />permit a portion of the tower side setbacks to be 46 feet and six inches where a minimum <br />of 50 feet is required. <br />LEGAL: Portion of Govt. Lot 6 Tatum's Ocean Park Subdivision (PB 10 -64) N 100 ft. of <br />Tract 4 East of State Route AIA and S 100 ft. of Tract A (PB 35 -51) <br />ADDRESS: 17749 Collins Avenue <br />WHEREAS, the public hearing of the City Commission was advertised and held as required <br />by law, all interested parties concerned in the matter were heard, and due and proper consideration <br />was given to the matter and to the positive recommendation contained in the City's Community <br />Development Department Review Report; and <br />WHEREAS, notice was provided to all interested parties regarding the Application; and <br />WHEREAS, on March 15, 2012, the City Commission conducted a public hearing on the <br />Application; and <br />WHEREAS, the City Commission finds that the Applicant has shown the granting of the <br />variance requests will be in harmony with the general intent and purpose of the Land Development <br />Regulations and such variances will not be injurious to the area that are involved or otherwise <br />detrimental to the public welfare. <br />12 -Z - -- 17749 Collins Avenue <br />