HomeMy WebLinkAboutResolution Zoning 98-Z- 20
RESOLUTION NO. 98-Z-20
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, FOR MARINA BAY CLUB, INC., APPROVING
REQUESTS FOR MODIFICATION OF CONDITIONS AND NON-USE
VARIANCES, SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Marina Bay Club, Inc., has applied for the following:
1. Modification of Condition #2 of Resolution 4-ZAB-235-92 passed and adopted by the
Zoning Appeals Board on the 15th day of July, 1992 reading as follows:
From:
To:
#2
#2
-That in the approval of the plan, the same be
substantially in accordance with that submitted for
the hearing entitled "Belle V ere Condominium" as
prepared by Tomas Ortiz and Associates, Inc., dated
4/6/92, except as herein modified to require that the 8'
high garden wall be placed 2' in from the abutting
property and that landscaping be provided between
the property line and said wall.
-That in the approval of the plan the same be
substantially in accordance with that submitted for
the hearing entitled "Golden View Apartments,"
prepared by Kobi Karp Architects dated revised
7/20/98 consisting of 10 sheets.
2. Non use variance of setback requirements to permit proposed building to setback 28.00'
(40' required) from the side street (north & northwest) property line and setback 28.75'
(40' required) interior side (south) property line.
3, Non use variance of setback requirements to permit proposed building to setback 34.67'
(42.46' required) from the rear (east) property line.
SUBJECT PROPERTY: Lots 1,2, 7, Block 2, "Sunny Isles Shores Section A," Plat Book 53
Page 95.
ADDRESS: South of 183 St. between North Bay Road and Atlantic Boulevard.
And,
Res. No, 98-Z.20 (Rev.)
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WHEREAS, the public hearing ofthe 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 recommendations of both the Zoning and
Code Administrator and the Building Official with respect to all requests;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. The requests be, and the same, are hereby approved subject to the following terms and
conditions, that:
A, The applicant provides a Declaration of Non-Modifiable Restrictive Covenants that
the property will remain an apartment/hotel, rental apartments and all services
provided by a hotel, including daily linen services, front desk, valet and all services
connected with a hotel operation, including a covenant that no unit will be sold as a
condominium unit in perpetuity.
B. That a site plan be submitted to and meet with the approval ofthe Building Official
upon the submittal of an application for a building permit; said plans to include
among other things but not limited thereto, location of structure or structures, types,
sizes and location of signs, light standards, off street parking areas, exits and
entrances, drainage, walls, etc.
C. That in the approval of the plan the same be substantially in accordance with that
submitted for the hearing entitled "Golden View Apartments," prepared by Kobi
Karp Architects dated revised 7/20/98 consisting of 10 sheets.
D. That the use be established and maintained in accordance with the approved plans.
E. 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.
F. That the applicant complies with all conditions and requirements of the Department
of Environmental Resources Management (DERM), the Fire Department and the
Florida Department of Transportation.
G. That the applicant agrees that all units will be made for rental and no more than five
percent (5%) of all individual apartment units shall be occupied for more than six (6)
months.
H. That the applicant constructs an appropriate barrier between the construction and
adjoining properties in order to minimize blowing of sand and debris.
Res, No, 98-Z-20 (Rev.) -2-
I, That the applicant will abide by all City and County ordinances relating to the hours
of operation for construction commencement and termination.
J. That the applicant will use its best effort to minimize vibration and noise during the
construction of the project.
K. That the applicant Indicate ramp slope on plans and show support columns in garage,
they must remain clear of parking stalls.
2. This Resolution shall become effective upon adoption,
PASSED AND ADOPTED this 17th day of September, 1998.
CITY OF SUN
By its City Co
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE:
Commissioner Iglesias moved and Commissioner Morrow seconded approval of the requested
zoning modifications, and upon a roll call the vote was 3 - 2 in favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
~es vno
.JL.yes_no
vyes_no
~es v'ii.o
y"'yes_no
Res, No, 98.Z.20 (Rev,)
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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. 98-2-20 adopted by
the City Commission at its meeting held on the 17th day of September, 1998.
Issued this .2<;"- day o~
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, 2002 .
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Richard Brown-Mprilla :;'.: ~ ^.
City Clerk " ': ).~. ,.r
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Res, No, 98.Z-20 (Rev,)
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