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HomeMy WebLinkAboutResolution Zoning 98-Z- 25 RESOLUTION NO. 98-Z-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF THE DESERT INN BEACH & TENNIS CLUB CONDOMINIUM ASSOCIATION, INe., FOR NON-USE VARIANCES, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Desert Inn Beach & Tennis Club Condominium Association, Inc., has applied to the City Commission of the City of Sunny Isles Beach for the following: 1. Non Use Variance of parking requirements to permit 81 parking spaces (98 spaces required). 2. Non Use Variance of parking requirements to permit a two- way driveway width of 19 ft (22 ft width required). SUBJECT PROPERTY: That part ofthe southerly 300.00 feet ofthe northerly 400 feet of Lot 2 , lying easterly of State Road A-1-A, A.K.A State Road No. 140, Ocean Boulevard and Collins Avenue, Said road recorded in Plat Book 45, at Page 66 ofthe public records of Dade County, Florida, Lot 2 being a part of Tatum's Subdivision, recorded in Plat Book 10 at Page 64 of the public records of Dade County, Florida. Property is bounded as follows Bounded on the westerly side by the easterly line of State Road A-I-A; bounded on the easterly side by the Erosion Control Line of the Atlantic Ocean, said line recorded in Plat Book 134, at page 47 ofthe public records of Dade County, Florida. Bounded on the northerly side by a line parallel to and 100.00 feet southerly of the northerly line of said Lot 2; Bounded on the southerly side by a line parallel to and 400 feet southerly of the northerly line of said Lot 2. ADDRESS: 17201 Collins Avenue; and WHEREAS, a 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 positive recommendations of both the Zoning and Code Administrator and the Building Official; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. The request for a Non-Use Variance of parking requirements to permit 81 parking spaces where 98 spaces are required, and to permit a two-way driveway width of 19ft where 22 ft is required, is hereby approved, subject to the following conditions: a. 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. b. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled, "Desert Inn Beach & Tennis Club Hotel Condominium", prepared by Adolfo J, Fernandez dated revised 8-10-98. c. That the use be established and maintained in accordance with the approved plans. d. That the Applicant complies with all conditions and requirements ofthe Department of Environmental Resources Management (DERM), the Fire Department. 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 proffers a Declaration of Restrictions acceptable to the Building Official providing a permanent beach access and granting access to their property in emergency cases. g. That the entire cost of the relocation of the existing easement be borne by the Applicant. h. That the Applicant submits plans for the relocation which are acceptable to the Building Official, including plans for the provision of any necessary improvements to create an accessible path from the Collins Avenue public right-of-way to the public beach. The accessible path shall meet the minimum requirements ofFS 553 and the plans shall include necessary paving, fencing, landscaping and lighting provisions. 1. The Applicant shall be required by recorded covenant to maintain the easement in perpetuity as a public right-of-way. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this lib day of November, 1998. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission rJ7- By: iO'. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: , Vice Mayor Turetsky moved and Commissioner Morrow seconded approval of the requested zoning modifications, and upon a roll call the vote was ~ - ---'L in favor: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Vyes_no v'yes_no Vyes_no ~es_no ~es_no CO \tf: NANT 13 iR i 90409 2001 ,Ar~ 18 12:20 THIS AGREEMENT entered into the /J' day of "- ,ir,L. 2000, by and between Desert Inn Beach & Tennis Club Condominium Association, a non-profit colJlOtation organized in the State of Florida and having its principal office at 1720 I Collins Avenue. Dade County, Florida, hereinafter referred to as "0 Wl'iERS " and the City of SUM)" Isles Beach, hereinafter referred to as the "CITY". WIINESSETH: WHEREAS, the OWNERS are fee simple title owners of the fOUowing described property, lying, being and situation in Dade County, Florida, to wit: See attached Exhibit "AU NOW, THEREFORE, for good and valUable COnsideration, the parties have agreed as follows: 1. That the OWNERS agree to dedicate and provide to the public as a beach access the South 5 feet of the parcel land described in the attached Exhibit "A". Said pedestrian access sbaIl be maintained by the OWNERS as to allow public pedestrian access from Collins Avenue to the Atlantic Ocean. 2. That this agreement on the part of the OWNERs shall constitute a covenant rwming with the land and will be recorded in the public records of Dade CountY, Florida, and sbaIl remain in fuU force and effect and be binding upon the heirs, successors, and assigns of the respective parties hereto, until such time as the same is modified, amended or released in writing by the City Manager or hislher assignee. 3. &/",. /;! J, 1- f(() S~/f/d/ ~NoIQA4 $;1. 7 p s td / / ~ r='L /Jh, ;"lA~" ]:A Enforcement. Shall be by action against any parties or person violating or attempting ~~ P"~\~YC'\; to violate any covenant. The Prevailing party in any action or suit pertaining to or arising out of l c'~J \.\ . I, ~.,., .,..r::-:f.", ..,.. J v.. \ .13 ~<;;:(' "~ . '- ! ). .-"0 ,\ " &l:.,.. . .. '. ; I k:>X~ =.. w" N ~IDE C }c\~':; \0 -- ,.... -=?'<. /LJ - . covenant shall be entitled to recover in addition to cost and disbursements allowed by law, such SUm as the Court may adjudge t9.be reasonable for the services of this attorney. This enforcement provision shall be in addition to any other remedy available by law in equity or both. 4. Successors and Assi2ns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Witnesses: p( ~ =-P ~....,.'",?~ Signature ,; DESERT INN BEACH & TENNIS CLUB CONDOMINIUM ASSOCIA nON '<Signatti (fit-ria S G /I. tI~~<lD' Print Name 2 By: - /'I ~~ST~_____/~ Signature . ~ , Secretary STATE OF FLORIDA ) ):S5 COUNTY OF MIA!\1I-OADE) Print Name Before me. th'Ulndersigned authority, this day appeared Rosendo J. Fundora. as President, and - ~ e.",[t. 1> f,\ 2.. . as Secretary ofDesert Inn Beach & Tennis Club Condominium Association, a florida non-profit corporation, are known by me to be the persons descnbed in and which eKecuted the foregoing instrument, the said officers thereof who, in their official capacities as such offie~ of said corporation ""ecuted, signed and defivered the said instrument as-the act and deed of said corporation, and that said officers of said corporation then and there severally acknowledged to and before me that they executed the said instrument, acting in their said official capacities, for and as to the act and deed of said corporation and in its name, and impressed thereon its corporate seal, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNEss my hand and official seal at1dd.4: Cd. ",Iy, in the county and state aroresaid ~n this -E:. day of .:.A-r'AY '" . 200 I .I . ~V~V4V~V~V4V_"'-"V~V_V';":""':",,":"V_V~V_V_V_V~ ::: ~.."y Pit. Julian A. Enriquez ~ ~ ~ Norary Public. State of Florida ~ ::: 1..,R Commission No. CC 647104 ~ ::: ~OFf..o"'MYCommissionExp.SI13/2001 ::: ~ ~ ~ 1Ionde<t""'-, ... ~,. '11....-- ~-.;_ !< Bnndinl. ~_. . ~ 2 My COmmission .expires:.. . , - . EXHIBIT "An That part of the southerly 300.00 feet of the northerly 400 feet of Lot 2, lying easterly of State Road A-I-A, A.K.A. State Road No. 140, Ocean Boulevard and Collins Avenue. Said road recorded in Plat Book 45, at Page 66 of the public records of Dade County, Florid~ Lot 2 being a part of Tatum's Subdivision, recorded in Plat Book 10 at Page 64 of the public records of Dade County, Florida. Property is bounded as follows Bounded on the westerly side by the easterly line of State Road A- I-A; bounded on the easterly side by the Erosion Control Line of the Atlantic Ocean, said line recorded in Plat Book 134, at page 47 of the public records of Dade County, Florida. Bounded on the northerly side by a line parallel to and 100.00 feet southerly of the northerly line of said Lot 2; Bounded on the southerly side by a line paraUel to and 400 feet Southerly of the northerly line of said Lot 2. Address: 1720 I Collins Avenue, Sunny Isles, Florida D.C. STATE OF FLORIDA ) )55: 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-Z-25 adopted by the City Commission at its meeting held on the12th day of November, 1998. Issued this?-L{~ay of ~ \ ,2001. .." 'I... '.. LMD\ch ~~~~~. Jhard Brown~ori~~ \ ": ,~i':;,~ CIty Clerk ,~... .:. .- " ' . , ~"' ;. :;. 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