HomeMy WebLinkAboutZoning Resolution 20-Z-178RESOLUTION NO. 21-Z - 0 '
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR
VARIANCE (APPLICATION NO. PZ2020-05) SUBMITTED VLADIMIR
AND ANNA GOROKHOVSKY (THE "APPLICANTS") TO ALLOW A
THREE (3) FOOT REAR SETBACK VARIANCE FOR A PROPOSED
GAZEBO (BBQ COVER) STRUCTURE AT THE SINGLE-FAMILY
PROPERTY LOCATED AT 250 191 TERRACE, SUNNY ISLES BEACH,
FL 33160; PROVIDING THE CITY MANAGER WITH THE AUTHORITY
TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Vladimir and Anna Gorokhovsky (the "Applicants") submitted a zoning
variance application (the "Application No. PZ2020-05"), to the City of Sunny Isles Beach, Florida
("City") requesting the following:
1. Pursuant to Sections 265-31 and 265-45(F) of the City of Sunny Isles Beach Land
Development Regulations, the Applicants are requesting a three (3) foot rear setback
variance for the installation of a proposed Gazebo (BBQ cover) structure three (3) feet from
their rear property line where six (6) feet is required.
LEGAL: GOLDEN SHORES OCEAN BLVD ESTS SEC C PB 51-93 LOT 8 BLK
6 LOT SIZE 75.000 X 100 F/A/U 30-2202-009-0370 OR 19664-4827 05
2001 1 COC 23721-3979 08 2005 4
ADDRESS: 250 191 Terrance, Sunny Isles Beach, F133160
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law, all interested parties concerned in the matter were heard, and due and proper
consideration was given to the matter and to the information contained in the City's Planning and
Zoning Department Development Review Report; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, on December 17, 2020, the City Commission conducted a public hearing on
the Application; and
WHEREAS, the City Commission reviewed the Application, the written and oral
recommendations of the Planning and Zoning Department and finds that the Application meets the
criteria for variance under the Land Development Regulations and the Comprehensive Master Plan
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Findings and Conclusions. Based upon an analysis of the application and the
standards for approval for a variance under the Land Development Regulations and the
Comprehensive Master Plan of the City, the City Commission makes the following findings and
conclusions:
The application for variance approval seeking a three (3) foot variance to allow a three (3)
foot rear setback for the installation of a proposed Gazebo (BBQ cover) structure where six
(6) feet is required is consistent with the City's Comprehensive Plan and generally consistent
with the City's Land Development Regulations.
Section 3. Approval. The Applicants' request for approval of a three (3) foot variance to allow
a three (3) foot rear setback for the installation of a proposed Gazebo (BBQ cover) structure where
six (6) feet is required is hereby APPROVED, subject to the following conditions:
That the plans in the approval be substantially in accordance with that submitted for public
hearing, which are entitled "Residence", by Edward Landers, P.E Consulting Engineers,
stamped received November 3rd, 2020 and November 30th, 2020 consisting of 5 sheets,
including a survey prepared by A.R Toussaint & Associates, stamped received November
30th, 2020. Plans are subject to revisions -based comments provided by staff of the City of
Sunny Isles Beach. Plans are subject to modification.
2. Upon the submittal of an application for a building permit, the plans submitted shall be
approved by the Development Services Department and be consistent with the specific plan
approved by the City Commission. Plans shall include all the required elements of the site
plan pursuant to the City's Land Development Regulations and recommendations. Should
compliance with recommendations result in a change that would not be considered "minor"
in accordance with Section 265-18 of the City Code; the Applicants shall be required to
obtain another approval of the City Commission.
That the approved plan shall remain valid for a period of 24 -months from the date of the
site plan modification approval. If no building permit is issued within the 24 -month time
period, the site plan shall be considered null and void and of no force and effect.
4. That the Applicants comply with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is, for any reason, held invalid or unconstitutional by any Court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such
holding shall not affect the validity of the remaining potions of this Resolution.
Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and
are hereby repealed.
Section 7. Effective Date. This Resolution shall become effective upon adoption.
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PASSED and ADOPTED this 17th day of December 2020.
George H. Scholl, Mayor
ATT ST: APPROVED AS TO FORM
AND LEG UFFICIENCY:
Mauri io betan ur, CMC, City Clerk Edward A. Dion, City Attorney
Moved by: ICE 6 f Q' ';UGM--PI Seconded by:
Vote:
Mayor Scholl
(Yes)
(No)
Vice Mayor Svechin
(Yes)
(No)
Commissioner Goldman
(Yes)
(No)
Commissioner Lama
_74 -(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
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