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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 Resolution 98.Z-l2 -1- 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); Resolution 98-Z-12 - 2- 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. , ., .' ;. .. '" Oil .. fo,r'. ,> of.I / .':<> ~' ;''<:\ ~: ' .... ~/ ,;t- " l '~.t .-.- ("" 'd,c'i" ~' " ,i,,' . \ ... '~JJ# . . ' \ , ~ . ATTEST: >,,' ~i~~~ :,...... , ' By: ."., " () C., ~1 ~ .,. , ('# \. (',' ~/'Alqf 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 Resolution 98.Z.l2 -3- 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. ~~~J. ~~ru.~ RICHARD BROWN-MORILLA City Clerk -=t1 a:4 qt( '.' _"t Oh,.. ~".it '. \U,,~ ..... !.~1!j It- ~'. t'~" '" . ,'~'\ ~" 1\,. ,.:'. '~. ,.... . ~'; ,G, . / ~li; ,'" ,....). 't' it: ... "1' " ... ',,1 {""",- "".. ~.! ~~",/l"'l ..;\, " .. ; 'L?: ~< \\". i:~ ~ }' ~':J <c',;\\ ~'~ \ C; ;" "", \"~' ~'. ' , ' " 1 " '" \~ ...<':;/ ~ ,', ' '\ \ " '" t,' I'> . ",I\l'~\ J '~i"", ~ f} )'Jj':':' Resolution 98.Z-l2 -4-