HomeMy WebLinkAboutZoning Resolution 21-Z-185ZONING RESOLUTION NO. 21 -Z -
A ZONING RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, DENYING THE APPLICATION FOR VARIANCE (APPLICATION NO.
PZ2021-13) SUBMITTED BY SG PROPERTIES 2416 LLC (THE "APPLICANT") TO
ALLOW TWO (2) VARIANCES TO DECREASE THE MINIMUM LOT WIDTH
REQUIREMENT OF TWO (2) PROPOSED PARCELS OF LAND LOCATED AT 224
ATLANTIC AVENUE, SUNNY ISLES BEACH, FL 33160: (1) A LOT WIDTH FOR THE
PROPOSED PARCEL ONE (WEST) TO BE 69.07 FEET WIDE WHERE THE MINIMUM
LOT WIDTH OF 75 FEET PER RESIDENTIAL LOT IS REQUIRED, AND (2) A LOT WIDTH
FOR THE PROPOSED PARCEL TWO (EAST) TO BE 60.00 FEET WIDE, WHERE THE
MINIMUM LOT WIDTH OF 75 FEET PER RESIDENTIAL LOT IS REQUIRED;
RENDERING MOOT THE APPLICANT'S REQUEST FOR A PRELIMINARY
SUBDIVISION PLAT TO RE -SUBDIVIDE ONE CONFORMING AND EXISTING PARCEL
OF LAND, INTO TWO SUBDIVIDED NON -CONFORMING LOTS, AS DESCRIBED
ABOVE; 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, SG Properties 2416 LLC (the "Applicant") submitted a zoning variance
application, numbered PZ2021-13 (the "Application"), to the City of Sunny Isles Beach, Florida
("City") requesting the following:
1. Pursuant to Sections 265-18 and 265-31 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance to decrease the minimum lot width
requirement for two proposed parcels of land from the required minimum lot width of 75
feet. Proposed Parcel One (west) is seeking 69.07 feet lot width and Proposed Parcel Two
(east) is seeking 60.00 feet lot width.
2. Pursuant to Section 265-17 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is seeking approval for a preliminary plat to divide one existing lot, the Parent
Tract, comprised of 20,417 square feet, into two subdivided parcels of land. Proposed Parcel
One (west) is seeking to have 14,039 square feet including the adjacent island and Proposed
Parcel Two (east) is seeking to have 9,518 square feet.
LEGAL: LEGAL DESCRIPTION (PARENT TRACT)
Lots 125, 126, 127, 128 and the West 10 feet of Lot 129. and Island
80, ATLANTIC ISLAND, according to the Plat thereof, as recorded in
Plat Book 34, Page 17, of the Public Records of Miami -Dade County,
Florida. Riparian rights and property interest in part of Lot 96,
"ATLANTIC ISLAND" recorded in Plat Book 5 Page 35 and Deed Book
3887, Page 597, of the Public Records of Miami -Dade County,
Florida.
LEGAL DESCRIPTION (PROPOSED PARCEL 1)
Lots 125, 126 and the West 9.26 feet of Lot 127 and Island 80,
ATLANTIC ISLAND, according to the Plat thereof, as recorded in Plat
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Book 34, Page 17, of the Public Records of Miami -Dade County,
Florida. Riparian rights and property interest in part of Lot 96,
"ATLANTIC ISLAND" recorded in Plat Book 5 Page 35 and Deed Book
3887, Page 597, of the Public Records of Miami -Dade County,
Florida.
LEGAL DESCRIPTION (PROPOSED PARCEL 2)
Lot 127. LESS the West 9.26 feet thereof, Lot 128 and the West 10
feet of Lot 129. of "ATLANTIC ISLAND" according to the Plat thereof,
as recorded in Plat Book 34, Page 17 of the Public Records of
Miami -Dade County, Florida.
ADDRESS: 224 Atlantic Avenue, Sunny Isles Beach, FI 33160
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
Development Services Department Development Review Report; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, on December 16, 2021, 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 Development Services Department and finds that the Application does
not meet 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 the following:
1. a variance to decrease the minimum lot width requirement for two proposed parcels of
land from the required minimum lot width of 75 feet. Proposed Parcel One (west) is
seeking 69.07 feet lot width and Proposed Parcel Two (east) is seeking 60.00 feet lot
width; and
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2. a preliminary plat to divide one existing lot, the Parent Tract, comprised of 20,417
square feet, into two subdivided parcels of land. Proposed Parcel One (west) is seeking
to have 14,039 square feet including the adjacent island and Proposed Parcel Two (east)
is seeking to have 9,518 square feet
is inconsistent with the City's Land Development Regulations, and the Applicant did not
present competent and substantial evidence that all of the criteria set forth in Section 265-
15(G) of the City's Land Development Regulations were met. Because criteria for granting
a variance were not met pursuant to Section 265-15(G) of the City's Land Development
Regulations, the request for a preliminary plat to subdivide the Parent Tract is moot.
Section 3. Denial. The Applicant's request for approval of the following:
a variance to decrease the minimum lot width requirement for two proposed parcels of
land from the required minimum lot width of 75 feet. Proposed Parcel One (west) is
seeking 69.07 feet lot width and Proposed Parcel Two (east) is seeking 60.00 feet lot
width is hereby DENIED. Therefore, the Applicant's request for a preliminary plat to
divide one existing lot, the Parent Tract, comprised of 20,417 square feet, into two
subdivided parcels of land. Proposed Parcel One (west) is seeking to have 14,039 square
feet including the adjacent island and Proposed Parcel Two (east) is seeking to have
9,518 square feet is MOOT.
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.
PASSED AND ADOPTED this 16th day of December 2021.
Dana Robin Goldman, Mayor
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ATTEST:
MAric
i'
ancur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
and A. Dion, City Attorney
Moved by:Vito40— v ISC4I Seconded by:
Vote:
Mayor Goldman
Vice Mayor Viscarra
Commissioner Lama
Commissioner Rabinovich
Commissioner Stuyvesant
11
(Yes)
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