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HomeMy WebLinkAboutZoning Resolution 25-Z-211RESOLUTION NO. 25-Z- E ( I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR VARIANCES (APPLICATION NO. PZ2025-01) SUBMITTED BY LA PLAYA BEACH ASSOCIATES, LLC (THE "APPLICANT") TO REDUCE THE FRONT SETBACK FROM 40' TO 5'4.5" AND TO REDUCE THE NORTH AND SOUTH SIDE SETBACKS FROM 10' TO 6' PURSUANT TO SECTION §265-36 OF THE CITY OF SUNNY ISLES BEACH LAND DEVELOPMENT REGULATIONS, TO REDUCE THE REQUIRED OFF-STREET PARKING FROM 20 SPACES TO 10 SPACES PURSUANT TO SECTION §265-46 OF THE CITY OF SUNNY ISLES BEACH LAND DEVELOPMENT REGULATIONS, AND TO INCREASE THE ALLOWABLE SIZE OF WALL SIGNS FROM 35 SQUARE FEET TO 58 SQUARE FEET ON THE EASTERN ELEVATION AND TO 43 SQUARE FEET ON THE NORTHERN ELEVATION PURSUANT TO SECTIONS §265-63.1 AND §265-56(8)(3) OF THE CITY OF SUNNY ISLES BEACH LAND DEVELOPMENT REGULATIONS; 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, La Playa Beach Associates, LLC (the "Applicant") submitted a site plan and zoning variance application, numbered PZ2025-01 (the "Application"), to the City of Sunny Isles Beach, Florida ("City") requesting, in relevant part, the following: 1. Pursuant to Section §265-36 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the front setback from 40' to 5'4.5". 2. Pursuant to Section §265-36 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the north and south side setbacks from 10' to 6'. 3. Pursuant to Section §265-46 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the required off-street parking from 20 spaces to 10 spaces. 4. Sign ordinance variance per Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations to increase the allowable size of wall signs from 35 square feet to 58 square feet on the eastern elevation and to 43 square feet on the northern elevation, per Section §265-56(8)(3). LEGAL: LOT 5, BLOCK 1, GOLDEN SHORES OCEAN BOULEVARD ESTATES — SECTION D, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ADDRESS: 18590 Collins Avenue, Sunny Isles Beach FOLIO: 31-2202-006-0050 WHEREAS, a 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 Staff Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on January 16, 2025, 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 meets the criteria for variance under the Land Development Regulations and the Comprehensive 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 Plan of the City, the City Commission makes the following findings and conclusions: The application for a variance approval requesting a variance to reduce the front setback from 40' to 5'4.5" is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations; and The application for a variance approval requesting a variance to reduce the north and south side setbacks from 10' to 6' is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations; and The application for a variance approval requesting a variance to reduce the required off- street parking from 20 spaces to 10 spaces is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations; and Pa The application for a variance approval requesting a variance to increase the allowable size of wall signs from 35 square feet to 58 square feet on the eastern elevation and to 43 square feet on the northern elevation is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. Section 3. Approval. The Applicant's request for approval of variances to reduce the front setback from 40' to 5'4.5", to reduce the north and south side setbacks from 10' to 6', to reduce the required off-street parking from 20 spaces to 10 spaces, and to increase the allowable size of wall signs from 35 square feet to 58 square feet on the eastern elevation and to 43 square feet on the northern elevation, are hereby APPROVED. 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 day of January, 2025. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Com io ,j By: ATTEST: Maurici§ Betancur� CMC, City Clerk Larisa Svechin, Mayor 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Io X4 14 - AI in E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: je-e Yd*c Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Seconded by: S � GS'f 7 4 (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No)