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RESOLUTION NO. 12 -Z - _a$ <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, ( "CITY ") APPROVING THE <br />ZONING APPLICATION (APPLICATION NO. 2012 -04) SUBMITTED <br />BY SUNNY ISLES DAYCARE CORP D/B /A SUNNY ISLES KIDS' <br />CLUB (THE "APPLICANT ") PURSUANT TO SECTION 265 -18 OF <br />THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF <br />SUNNY ISLES BEACH ( "LDRS "), TO PERMIT A CHILD DAY CARE <br />FOR NO MORE THAN TWENTY FIVE (25) CHILDREN; <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, SUNNY ISLES DAYCARE CORP D/B /A SUNNY ISLES KIDS' CLUB <br />(the "Applicant ") submitted a zoning application to the City of Sunny Isles Beach, Florida (the <br />"Application No. Z2012 -04 "), requesting the following: <br />1. Pursuant to Section 265 -13 of the City of Sunny Isles Beach Land Development <br />Regulations, the Applicant is requesting a conditional use approval for a Daycare Center in <br />the RMF -2 Zoning District. <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 -44 (D)(2) to permit a <br />Child Care Center with a maximum of 25 children where 6 children are permitted. <br />LEGAL: 2 & 11 52 42 1.254 AC M/L TATUMS SUB GOVT LOT 6 PB 10 -64 BEG 100.48 <br />FTN & 1342.33 FTW OF X S/L TR 3 & W R /W/L SR AIA TH W 215.2FT <br />N235FT NELY AD 39.27FT E 163.33FT S260FT TO POB SUITE # 102 FOLIO <br />NUMBER 31- 2211 -004 -0222 <br />ADDRESS: 17395 North Bay Road #102 <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 request will be in harmony with the general intent and purpose of the Land Development <br />12 -Z - -- Sunny Isles Daycare Corp 1 <br />