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Home My WebLink AboutResolution Zoning 04-Z-87 RESOLUTION NO. 04-Z-87 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY PORTO BELLAGIO PARTNERS LLC. (Z2004-04) SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, Porto Belagio Partners LLC submitted an application to the City of Sunny Isles Beach, Florida requesting the following: 1. Variance of Section 265-45(D(c)(1) of the Code of the City of Sunny Isles Beach to permit a proposed pool for a condominium building to setback 11.5 feet from the interior side south property line (22 feet required). LEGAL DESCRIPTION: Tracts C ofRK Marina Apartments PB 157 Pg 70 LOCATION: 17125-17145 North Bay Rd.; And, WHEREAS, on July 8, 2004, the City Commission conducted a public hearing on the application submitted by Applicant; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration given to the matter and to the positive recommendation of the joint memorandum from the Planning and Zoning Administrator and Planning Consultant; and WHEREAS, notice has been provided to all interested parties and a neighboring jurisdiction regarding the application; and WHEREAS, the City Commission has reviewed the application, and finds substantial competent evidence to support a showing by the Applicant that the request for conditional use is in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 04-Z-87 Porto Bellagio LLC 1 II. INCORPORATION OF RECITALS. All Recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROV ALS/DENIALS. The application of Porto Belagio Partners LLC., is hereby resolved with modifications as follows: Approved: Variance of Section 265-45<n(c)(1) of the Code of the City of Sunny Isles Beach to permit a proposed pool for a condominium building to setback 11.5 feet from the interior side south property line (22 feet required). IV. CONDITIONS The approval and all conditions listed below are transferable to applicant's successor, buyers or assignee and subject to the conditions set forth below being performed to the satisfaction of the City. Conditions to be comoleted before below S!rade or buildinS! oermits are issued. 1. Upon the submittal of an application for a building permit, the plans submitted shall meet with the approval of the Planning and Zoning Administrator and shall be consistent with the specific site 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 Ordinance 2003-167 adopted March 20, 2003, the Applicant shall be required to obtain another approval from the City Commission. 2. That the approval of the plan be substantially in compliance with that submitted for "Porto Bellagio", prepared by Witkin Design Group dated revised 05-26-04 consisting of 1 sheet.. Plans may be modified at public hearing. 3. That a plan shall be submitted to the Zoning Director and Landscape Architect for their review. Plans shall show the type and size of plant materials, which shall comply with the landscape section of the Code prior to the issuance of a building permit. Conditions to be comoleted before any Certificate of Occuoancv is issued. 1. That the applicant demonstrates that they are in compliance with all terms and conditions under this approval. 2. Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City. 04-Z-87 Porto Bellagio LLC 2 3. Under Ordinance 2001-132, the City Manager and lor hislher designee in review of any application, may refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional(s) employed by the City as the Manager shall deem reasonably necessary to enable him/her to review such application as required by law. Charges made by such consultants or professionals shall be in accord with the charges customarily made for such services in Miami Dade County. Charges made by the City shall be in accord with the hourly rates charges by such consultants or hourly rates of employed professionals and shall be paid within 30 days of submission of City voucher. 4. At the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the City for the cost of professional review services, if any. The applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager, based on hislher evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any City voucher for such services as they are submitted to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty-days (30) after the applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or Certificate of Use and Occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the applicant any funds remaining on deposit. Other Conditions: 1. That the applicant shall obtain a Certificate of Use and Certificate of Occupancy from the City upon compliance with all terms and conditions. The Certificate of Use and Certificate of Occupancy shall be subject to cancellation upon violation of any of the conditions. 2. That the approved site plan shall remain valid for a period of 24-months from the date of 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. 3. That the Applicant shall comply with all City Ordinances applicable to development and permit approvals. 04-Z-87 Porto Bellagio LLC 3 v. SEVERABILITY AND EFFECTIVE DATE. 1. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 8th day of July, 2004. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission -;' ... <I oJ ~l' , 1 " , A TT:E;"ST: j .- :~ '", ':~ ~:~ , Jan~ A. IPnes,~Ci,ty Clerk APPROVED AS TO FORM ANDL LS ICIENCY: Moved by: ~h'\ 't'Y\A. ~S \ 0 1U<2t? eR ~ '2..1 tJ ~MYY"\~~lOf\)~ Ic,L~t~ Second by: VOTE: 5-() Mayor Norman Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler yes V yes~ yes ....l..C" yes V yes V no_ no_ no_ no_ no_ 04-Z-87 Porto Bellagio LLC 4 STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) I, JANE A. IDNES, City Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 04-Z-87 adopted by the City Commission at its meeting held on the 8th day of July, 2004. ,) , Issued: ~~ Z ~ ) tOO '-I ~~..~~' Jane A. Hines, City Clerk ,~ ... ,/ 04-Z-87 Porto Bellagio LLC 5