HomeMy WebLinkAboutResolution Zoning 98-Z- 26
RESOLUTION NO. 98-Z-26
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
THE REQUEST OF MARINA BAY CLUB, INC., FOR NON-
USE VARIANCES, SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Marina Bay Club, Inc., has applied to the City Commission of the City of
Sunny Isles Beach for the following:
1. Non U se Variance of lot coverage requirements to permit a proposed building with a lot
coverage of 48% (40% permitted).
2. Non Use Variance of setback requirements to permit a proposed building to setback 31 ft
(48 ft to 50 ft required) from the front (east) property line, setback 46 ft (48 ft to 58.5 ft
required) from the rear (west) property line and setback 43 ft (47.13 ft required) from the
interior side (north) property line.
3. Non Use Variance of setback requirements to permit a porte cochere for a proposed building
to setback 9 ft (25 ft required) from the front (east) property line.
SUBJECT PROPERTY:
Lots 4 through Lot 7, Block 1 Sunny Isles Shores Section "A"
according to the plat thereof as recorded in Plat Book 53, Page 95 of
the Public Records of Dade County, Florida.
ADDRESS: West of North Bay Road between 180 Drive and 181 Drive;
.r
and,
WHEREAS, a public ~earing 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;
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 Variances of lot coverage and setback requirements to permit a
proposed building with a lot coverage of 48% (40% permitted) and to permit proposed building to
setback 31 ft (48 ft to 50 ft required) from the front (east) property line, setback 46 ft (48 ft to 58.5 ft
Resolution No. 98-2-26
required) from the rear (west) property line and setback 43 ft (47.13 ft required) from the interior
side (north) property line and to permit porte cochere for a proposed building to setback 9 ft ( 25 ft
required)from the front (east) property line are hereby approved, subject to the following conditions:
a. That a site plan be submitted to and meet with the approval of the 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 "Marina Bay Club Suite-Hotel" prepared by Kobi Karp
dated 4/30/98 consisting of 11 sheets and landscape plans entitled "Marina Bay
Condominium" prepared by Witkins Design Group, dated revised 8/4/98.
c. That the use be established and maintained in accordance with the approved plans.
d. That the applicant complies with all conditions and requirements of the Department
of Environmental Resources Management (DERM), the Fire Department.
e. That the applicant submits 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, A. That the applicant proffers a Declaration of Restrictions acceptable to the
Building Official providing that the apartment hotel will provide a management
company for the life of the building.
g. That the applicant receives the approval of the Shoreline Review Committee and
submitted to the Building Official for the revised plan.
2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 12th day of November, 1998,
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
By:
Resolution No. 98-Z-26
ATTEST:
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" ,~N;',.".~ \' cn-~,"" v\'"
; . 'l, . \~~",~~Bro\yn-Morilla, City Clerk
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<\.-'~~- '<:,- ,*:~ \., .
,;; ,. ,\;"'~gPROVED AS TO FORM
· ::i1' '.... .A~]) Wt:AL SUFFICIENCY:
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VOTE:
Vice Mayor Turetsky moved and Commissioner Morrow seconded approval of the requested zoning
modifications, and upon a roll call the vote wasl-lin favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
----yes
..K..yes
..K..yes
---yes
..K..yes
X no
no
no
K...no
no
Resolution No. 98-2-26
This instnuncnt prepared by
and whCl1 recorded return to;
Stanl~ B. Price, Esq.
Bilzin Sumberg Dunn Bacna Price & Axelrod LLP
2500 First Union financial Center
200 South Biscaync Boulevard
Miami. florida 3313 1-2336
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRIcrIONS
The undemgned, is the Owner of the following described real property (the "Property"),
lying. being and situated in Sunny Isles Beach, Miami-Dade County, Flori~ and legally descnoed
as:
Lots 4 through 7, Block 1 of Sunny Isles Shores Section "A" according to the
Plat thereof recorded in Plat Book 53 Page 9S of the Public Records of Dade
County, Florida.
WHEREAS, the Owner has filed a zoning application with the City of Sunny Isles Beach,
Miami-Dade Cmmty. which was adopted pursuant to Rosolution 98-Z-26;
IN ORDER TO ASSUREthe City Commission ofSDnnyIsles Beach that the representations
made to them by the Owner during consideration of the Public Hearing that resulted in Resolution
98-Z-26 will be abided by the Owner freely, voluntarily and without duress makes the following
Declaration of Restrictions covering and running with the Property:
(1) That this Declaration shall become final and recorded in the Public Records of
Miami-Dade County conditioned upon the approval final adoption ofResolution 98-
Z-26 by the City Commission of SU11J1Y Isles Beach, Miami-Dade County, Florida
and the tolling of all applicable appeal periods. ..r.' J / -f d
. ~ ~ ~1"'f"r:I
(2) That the Property shall be developed substanti~~~~~ with the spirit and
intent of the site plan entitled "Marina Bay Club previously submitte~ prepared by
Kobi Karp Architects dated revised 4/30/98 (the "Site Plann), consisting of eleven
(11) sheets and a landscape plan entitled "Marina Bay Condominium" JIll :- .d1.,
rut 'l...... prepared by L dated revised o. AI iut8er
;~~=11 . -L L ~_ e said pJans being on file with the of Sunny
~~l07_m6)lvl wrl-t-/NjDl!mhAJ ~~cJp !J /1/'1/
Declaration of Restrictions
Page 2
Isles Building and Zoning Department, and by reference made a part of this
Declaration,
(3) That the apartment hotel will provide a management company for the life of the
building to ensure professional management and operations of the facility,
(4) Pty Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City of Sunny Isles Building and Zoning, or
its agents duly authorized. may have the privilege at anytime during normal working
hours of entering and inspecting the use of the premises to determine whether or not
the requirements of the building and zoning regulations and the conditions herein
agreed to are being complied with,
(5) Covenant RnnnfnE with the Land, This Declaration on the part of the Owners
shall constitute a covenant running with the land and may be recorded in the public
recoms of Miami-Dade County, Florida and shall remain in fun force and effect and
be binding upon the Owners, and their heirs, successors and assigns until such time
as the same is modified or released, except that the covenants contained in provision
3 may not be modified. These restrictioI1S during their lifetime shall be for the
benefit ot: and limitation upon. all present and future owners of the real property and
for the public welfare.
(6) Term. With the exception of paragraph 3, which is to run in pexpctuity, this
Declaration is to IUll with the land and shall be binding on all parties and all persons
claiming under it for a period of thirty (30) years from the date this Declaration is
recorded after which time it shall be extended automatically Declaration of
Restrictions for successive periods often (10) years each, unless an instIuxnent signed
by a majority of the, then, owner(s) of the Property has been recorded agreeing to
change the covenant in whole, or in part, provided that the Declaration has first been
modified or released by Miami-Dade County.
(7) Modification. Amendment. Release. With the exception of paragraph 3, which may
not be modified, this Declaration may be modi1ied, amended or released as to the
land herein described, or any portion thereof, by a written instrument executed by the,
then, owner or a majority of the owners of all of the Property provided that the same
is also approved by the City of Sunny Isles Beach, Florida, whichever by law has
jurisdiction over such matters. after public hearing, No modification that affects the
School Board shall be permitted unless prior approval is obtained from the School
BOMd, '
\732'2\10754""'37638 v2
4/12101
Declaration of Restrictions
Page 3
Should this Declaration be so modified, amended or released, the Director of the City
of Sunny Isles Beach Building and Zoning, or the executive officer of the successor
of such Department, or in the absence of such director or executive officer by the
Director's assistant in charge of the office in his absence, shall forthwith execute a
written instrument effectuating and acknowledging such l110difiCatiOD, amendment
or release,
(8) :&pforcement_ Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants, the prevailing party in any action
or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court may
adjudge to be reasonable for the services ofhis attorney. This enforcement provision
shall be in addition to any other remedies available at law or in equity or both.
(9) Authorization for Department ofBundin~ and 7 .oniD~to Withhold Permits and
Inspections, In the event payments or improvements are not made in accordance
with the terms of this Declaration, in addition to any other remedies available, the
City of Sunny Isles Beach Department of Building and Zoning is hereby authorized
to withhold any further permits, and refuse to make any jnspections or grant any
approvals, until such time as this Declaration is complied with.
(10) Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of anyone or more shall neither be deemed
to constitute an election of remedies, nor shall it preclude the party exercising the
same from exercising such other additional rights. remedies or privileges.
(11) Presumption of Compliance. Where constIUctton has occurred on the Property or
any portion thereof, pursuant to a lawful pennit issued by the City of Sunny Isles
Beach, and inspections made and approval of occupancy given by the City, then such
construction, inspection and approval shall create a rebuttable presumption that the
buildings or structures thus constIUcted comply with the intent and spirit of this
Declaration,
(12) Severability. Invalidation of anyone of these covenants, by judgment or Conn, in
no way shall affect any of the other provisions which shall remain in full force and
effect.
(13) Recordinl, This Declaration shall be filed of record in the public records of Miami-
Dade County, Florida at the cost of the Owners following the adoption by the City
of Sunny Isles Beach of a resolution approving the Application.
\73252\10754\11337638 v2
4112101
Declaration of Restrictions
Page 4
Signed, witnessed, executed and acknowledged this 13 day of A Pal L ,2001.
Witnesses:
Marina Bay Club Ltd.
A Florida Limited Partnership
(SEAL)
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE } ss:
:#1.
The foregoing instrument was acknowledged before me this r3day of E,4.,2001
by LAURIS BOULANGER, as President of Marina Bay Club, Inc., the General Partner of
Marina Bay Club, Ltd., who is personally known to me or produced 'd 00'" s license as
identification.
My Commission Expires:
Serial No.(None, ifblank):
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(NOTARIAL SEAL)
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-Z-26 adopted by
the City Commission at its meeting held on the12th day of November, 1998.
Issued this ~ day of
~
, 2001.
~~~
Richard Brown-Morilla
City Clerk .,
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