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HomeMy WebLinkAboutZoning Resolution 26-Z-223RESOLUTION NO. 26-7 - _ZZ3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR A VARIANCE (PZ2025-15) SUBMITTED BY DEZER BLUE GRASS, LLC, TO REDUCE THE NORTH SIDE SETBACK FROM 20 FEET TO 11 FEET, PURSUANT TO SECTION §265-35 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, Dezer Blue Grass, LLC ("Applicant") submitted a site plan and zoning variance application, (PZ2025-15) ("Application"), to the City of Sunny Isles Beach, Florida ("City") for a temporary sales center to be located at the following property: LEGAL: The North 100 Feet of Tract "0", and also the South 100 Feet of the North 200 Feet of Tract "0", North Biscayne Beach Amended, according to the Plat thereof recorded in Plat Book 44, Page 42 of the Public Records of Miami -Dade County, Florida, the foregoing being the same property previously submitted to condominium in the Declaration of Condominium of Blue Grass Beach Club, a motel condominium, recorded in Official Records Book 12326, Page 1959 of the Public Records of Miami -Dade County, Florida. ADDRESS: 18325 Collins Avenue, Sunny Isles Beach FOLIO: 31-2202-003-0220 WHEREAS, the Applicant's zoning variance application requests the following: Pursuant to Section §265-35 of the City of Sunny Isles Beach Land Development Regulations, a variance to reduce the north side setback from 20 feet to 11 feet; and 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 Planning and Zonin Department Staff Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on February 19, 2026, the City Commission conducted a public hearing on the Application; and 454 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 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 north side setback from 20 feet to 11 feet 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 a variance to reduce the north side setback from 20 feet to 11 feet is 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 February 2026. 2 455 CITY OF SU By its Cityx BEACH, FLORIDA Svechi6, Mayor MaLkidib 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Min E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney 4 Moved byAwl Seconded by: ���r•�` Vote: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant (c (Yes) (No) (Yes) —;;�'—(No) —.(Yes) (No) ✓L(Yes) (No) (Yes) (No) 456