HomeMy WebLinkAboutResolution Zoning 98-Z- 12
RESOLUTION NO. 98-Z-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE UNUSUAL USE TO PERMIT
A HOME FOR THE AGED AND APPROVING THE SPECIAL EXCEPTIOl\i
FOR SITE PLAN APPROVAL TO PERMIT A PROPOSED HOME FOR THE
AGED, BUT SPECIFICALLY RESERVING A DECISION ON THE
REQUESTED NON-USE VARIANCES RELA TING TO SETBACK,
SPACING AND PARKING REQUIREMENTS, WHICH NON-USE
VARIANCE REQUESTS WILL BE HEARD ON JULY 16TH 1998;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Residences of Sunny Isles, Inc., a Florida corporation, has applied for the
following:
1. Unusual Use to permit a home for the aged.
2. Special Exception for site plan approval to permit a proposed home for the aged.
3. Non-Use Variance of setback and spacing requirements to permit proposed garage to setback
10'-3" (20' required) from the front (south) property line and be spaced 15' (20' required)
from the principal building.
4. N on- Use Variance of parking requirements to permit 603 parking spaces (718 parking spaces
required).
5. Non-Use Variance of parking requirements to permit 95 of the 603 parking spaces to be
tandem spaces (not permitted).
SUBJECT PROPERTY:
Tract "D" of Galahad Dade, according to Plat Book 92, Page 16.
ADDRESS:
Northwest comer of 192nd Street and Collins Avenue.
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 having been given to the matter and to the positive recommendations of both the
Zoning and Code Administrator and the Building Official with respect to the request for unusual use
to permit a home for the aged together with a special exception for site plan approval except as to
the variances; and
WHEREAS, the Zoning and Code Administrator and the Building Official recommended
denial of the non-use variance of setback and spacing requirements to permit proposed garage to
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setback 10' 3" (20' required) from the south property line and be space 15' (20' required) from the
building and recommended denial of the non-variance of parking requirements to permit 603 parking
spaces (718 parking spaces required) and denial of the non-use variance of parking requirements to
put 95 of the 603 parking spaces to be tandem spaces (not permitted); and
WHEREAS, the City Commission finds that the request of unusual use would be compatible
with the area and its development and would be in harmony with the general purpose and intent of
the regulations and that there would be no adverse impact upon the public interest as to use, but
specifically reserves judgment with respect to the non-use variance requests relating to setback
spacing and parking requirements based on substantial competent evidence provided by the Building
Official;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, that:
1. The unusual use to permit a home for the aged and a special exception for the site plan, be
and the same is hereby approved reserving judgment on all non-use variance requests for
setback spacing and parking variances subject to the following conditions:
a. The non-use variance requests shall be heard at the July 16, 1998 City Commission
meeting;
b. That a site plan be submitted to, and meet with the approval of, the Building Official
upon the submittal of an application for building permit; said plans to include among
other things but not limited to location of structure or structures, type, sizes and
locations of signs like standard off-street parking areas, exits and entrances, drainage
walls, etc.;
c. That any approval of the plan that same be substantially in accordance with that
submitted for a hearing entitled "The Residences of Sunny Isles Beach" prepared by
Joseph B. Kaller & Associates, dated stamped received 4/7/98, consisting of six (6)
pages unless said site plan must be revised in accordance with the decision of the
City Commission of July 16th, 1998.
d. That the applicant submit to the Building Official for its review and approval a
landscaping plan which indicates the type and size of plant material prior to the
issuance of a building permit and to be installed prior to the issuance of a Certificate
of Use and Occupancy;
e. That the applicant comply with all conditions and requirements of the Department
of Environmental Resources Management (DERM), the Fire Department and the
Florida Department of Transportation (FDOT);
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f. That the applicant provide a covenant acceptable to the City Attorney that the
property will be accessible for the use of the hotel located directly across the street
on a 24-hour a day basis in accordance with Resolution No. 3-ZAB-268-67;
g. That at all times during construction of the process the hotel shall have access and
required parking spaces at the site 24 hours a day.
2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 11th day of June, 1998.
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. ATTEST: >,,'
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Richard Brown-Morilla, City Clerk
Commissioner Iglesias moved and Commissioner Morrow seconded approval of the requested
zoning modifications, and upon a roll call the vote was 4- 0-1 in favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
Vyes
V' yes
,,/' yes
_yes
vyes
_no
_no
_no
_no
_no
~absent
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STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, RICHARD BROWN-MORILLA, 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. 97-Z-12 adopted
by the City Commission at its meeting held on the 11th day of June, 1998.
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RICHARD BROWN-MORILLA
City Clerk
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Resolution 98.Z-l2
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