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Home My WebLink About2001-0724 Regular City Commission Meeting SUMMARY MINUTES Tuesday,July 24, 2001, 5:00 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 5:01 p.m., with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Danny Iglesias Commissioner Connie Morrow Commissioner Irving Turetsky City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Mayor Samson led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES - None Pending 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) Action: 6A Zoning Hearing regarding Norma Cintado,Owner of the Property Located at 319 Atlantic Avenue, was added to the agenda as a continued hearing from July 19, 2001; 8A, 8B, 8C. Additional Information: A Memo from Jorge Vera, Zoning Director, re: Analysis of Impact Fees. 5. SPECIAL PRESENTATIONS - None 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Continued Hearing from July 19, 2001 Request of Norma Cintado,Owner of the Property Located at 319 Atlantic Avenue for the Following: (Hearing#Z2001-03) 1. Non Use Variance of lot coverage requirements to permit a proposed residence with a lot coverage of 46.3% (35% permitted). Summary Minutes:Special City Commission Meeting July 24,2001 City of Sunny Isles Beach,Florida 2. Non Use Variance of setback requirements to permit a proposed residence to setback 12.5 ft. from the front (south) property line (25 ft. required). 3. Non Use Variance of setback requirements to permit a proposed residence to setback 3.58 ft. from the interior(east) side property line (5.8 ft. required). 4. Non Use Variance of setback requirements to permit a proposed residence to setback 4.0 ft. from the interior(west) side property line (5.8 ft required). 5. Non Use Variance of setback requirements to permit a proposed barbeque to a single family residence to setback 4.75 ft. from the rear(north)property line(5 ft.required). 6. Non Use Variance of setback requirements to permit a proposed barbeque to a single family residence to setback 3.33 ft. from the interior(east) side property line(5.8 ft. required). 7. Non Use Variance of setback requirements to permit a proposed trellis to setback 3.5 ft. from the interior(west) side property line (5.8 ft. required). 8. Non Use Variance of setback requirements to permit a swimming pool to setback 5.33 ft. from the interior(west) side property line (10 ft. required). Protests 3 Waivers 0 Ex-Parte 0 (Hearing Continued from 7/19/01) Action: Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name,hearing number,location and then administered the oath to the witnesses for the continued Zoning hearing. Public Speakers: Salvatore Tizzoni Zoning Director Jorge Vera gave his report noting that the design of the project had been modified and recommended approval on a modified basis with conditions for requests 1 (reduction of lot coverage by 3.2% from 46.3%to 43.1%),3 and 4(interior side setbacks) and 6 (setback for barbecue), approval with conditions of request 2 (setback for carport) and withdrawal without prejudice of requests 5 (setback rear barbecue), 7(setback trellis) and 8 (pool setback) staff request. Mr. Tizzoni agreed to the conditions. Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve with staff conditions. The motion was approved as Resolution No. 01-Z-60,by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky y Vice Mayor Kauffman yes Mayor Samson yes 7. ORDINANCES FOR FIRST READING - None 2 Summary Minutes:Special City Commission Meeting July 24,2001 City of Sunny Isles Beach,Florida 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Ordinance Numbers 98-17 and 98-25;Providing for the Imposition of a Police Facilities Impact Fee on All New Residential and Non-Residential Development; Providing for Purpose and Intent; Providing for Rules of Construction and Definitions; Providing for Procedures for Imposition, Calculation, Collection, Expenditure and Administration of Impact Fees; Providing for Impact Fee Accounts, Appropriation of Fees and Refund of Fees; Providing for Procedures for Appeal; Providing for Exemptions/Waiver; Providing for Enforcement; Providing for Method of Payment; Providing for Severability; Providing for Inclusion in the Code; Providing for an • Effective Date. (First Reading 7/12/01) Action: [City Clerk's Note: Menlo from Jorge Vera, Zoning Director, regarding Analysis of Impact Fees, was distributed at the meeting] City Clerk Brown-Morilla read the title and City Attorney Dannheisser read from her report for all three of the proposed ordinances being considered on second reading. Public Speakers: none Commissioner Turetsky moved and Commissioner Morrow seconded a motion to adopt the ordinance. Ordinance No. 2001-133 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Ordinance Numbers 98-18 and 98-26;Providing for the Imposition of a Parks and Recreation Impact Fee on All New Residential Development; Providing for Purpose and Intent; Providing for Rules of Construction and Definitions; Providing for Procedures for Imposition, Calculation, Collection, Expenditure and Administration of Impact Fees; Providing for Impact Fee Accounts, Appropriation of Impact Fees and Refund of Fees; Providing for Procedures for Appeals; Providing for Exemptions/Waiver; Providing for Enforcement; Providing for Method of Payment; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 6/21/01) 3 Summary Minutes:Special City Commission Meeting July 24,2001 City of Sunny Isles Beach,Florida Action: City Clerk Brown-Morilla read the title. [City Clerk's Note: see item 8A above for City Attorney's report.] Public Speakers: none Commissioner Turetsky moved and Vice Mayor Kauffman seconded a motion to adopt the ordinance. Ordinance No. 2001-134 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias y—es Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman y Mayor Samson yes 8C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Imposition of a Municipal Facilities Impact Fee on All New Residential and Non-Residential Development;Providing Purpose and Intent;Providing for Rules of Construction Definitions; Providing for Procedures for the Imposition, Calculation, Collection, Expenditure and Administration of Impact Fees; Providing for Impact Fee Accounts, Appropriation of Fees and Refund of Fees; Providing for Procedures for Appeal; Providing for Exemptions/Waivers;Providing for Enforcement; Providing for Method of Payment; Providing for Severability;Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 7/12/01) Action: City Clerk Brown-Morilla read the title. [City Clerk's Note: see item 8A above for City Attorney's report] Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2001-135 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson Les 9. RESOLUTIONS - None 4 Summary Minutes:Special City Commission Meeting July 24,2001 City of Sunny Isles Beach.Florida 10. MOTIONS - None 11. DISCUSSION ITEMS - None 12. CITIZENS' FORUM: REQUESTS,PETITIONS & OTHER CON MUNICATIONS None 13. ADJOURNMENT Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to adjourn the meeting. The motion was approved by a unanimous voice vote of 5-0 at 5:17 p.m. Respectfully submitted by: Approved e City Commi : .non July 31,2001 CAS * :. \Ci ;/7 •rri =�Richard•Brown-Morilla, City Clerk David Samson, Mayor O1 1' j I t ('` 5