HomeMy WebLinkAboutResolution Zoning 00-Z- 42
RESOLUTION NO 00-Z-42
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF L.S.B.
INVESTMENT CORP., FOR NON-USE VARIANCES, SUBJECT TO
CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, L.S.B. Investment Corp., has applied for the following:
1. Non Use Variance of Lot Coverage and Floor Area Ratio to permit proposed
development with a lot coverage and floor area ratio of 47% (40% permitted).
2. Non Use Variance of Parking Regulations to permit 23 parking spaces (45 parking
spaces required).
3. Non Use Variance of Building Height to permit proposed development with a
maximum height of 38.83 feet (35 feet permitted).
SUBJECT PROPERTY: Lot 13 and 14 Blk. 2 Golden Shores Ocean Blvd. Est. Sec "D"
Pb53 Pg48
ADDRESS: 18660 Collins Ave
And,
WHEREAS, a 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;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. The Applicant's request for Non Use Variances 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 to,
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 "Millennium Plaza" prepared by
Resolution No. 00-Z-42
2/24/00 Agenda Item 6C - L.S.B. Investment Corp.
08/16/00 9:51 AM
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Kobi Karp Architects dated stamped received 11/24/99 and landscape
plans prepared by Witkin Design Group dated 11/23/99.
c. That the use be established and maintained in accordance with the
approved plans.
d. That the applicant voluntarily proffers a Declaration of Restrictions and a
Unity of Title, acceptable to the Building Official, to provide the
remainder of the required parking for the proposed commercial use on the
parcel directly across Collins Avenue.
e. That all BU-l uses on the property be permitted except for the following:
bank facility, restaurants and religious facilities.
f. That the applicant obtain a Certificate of Use and Occupancy from the
City, upon compliance with all terms and conditions, subject to
cancellation upon violation of any of the conditions.
2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 24th day of February, 2000.
By:
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David Samson, Mayor
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APPROVED AS TO FORM
AND LEG SUFFICIENCY:
Resolution No. 00-Z-42
2/24/00 Agenda Item 6C - L.S.B. Investment Corp.
08/16/00 9:51 AM
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VOTE:
Commissioner Kauffman moved and Commissioner Turetsky seconded approval of the
requested zoning modifications, and upon a roll call the vote was 5 -0 in favor:
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
~yes_no
~es_no
Vyes_no
-.0es_no
~es_no
Resolution No. 00-Z-42
2/24/00 Agenda Item 6C - L.S.B. Investment Corp.
08/16/00 9:5 I AM
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STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-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. 00-Z-42 adopted
by the City Commission at its meeting held on the 24th day of February, 2000.
Issued this 22nd day of August, 2000.
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Richard Brown-Morill~,'!2ity.,~Mrk .' '\. ..
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Resolution No. 00-Z-42
2/24/00 Agenda Item 6C - L.S.B. Investment Corp.
08/22/00 2:18 PM
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THIS INSTRUMENT PREPARED BY AND RETURN TO:
Andrew D. Tarr, Esquire
ANDREW D. TARR, P.A.
The 1250 East Building - Suite #710
1250 East Hallandale Beach Boulevard
Hallandale Beach, Florida 33009
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DECLARATION OF RESTRICTIONS
AND
UNITY OF TITLE
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THIS DECLARATION OF RESTRICTIONS made this 27th day of June, 2000 by the undersigned
Declarant.
WHEREAS, Declarant is the owner of the following described parcel, hereinafter referred to as
Parcel "A":
A portion of Lot 11, and a portion of Parcel D, Block 2 of OCEAN BOULEVARD
ESTATES SECTION A, according to the Plat thereof, as recorded in Plat Book 48 at page
39 of the Public Records of Miami-Dade County, Florida. Being more particularly
described as follows: Commence at the Northeast comer of said Lot 11; thence run West
along the North line of said Lot 11 for 93.75 feet to the POINT OF BEGINNING of parcel
of land hereinafter to be described; thence continue west along said North line of Lot 11 for
31.25 feet to the Northwest comer of said Lot 11; thence run South 06-06'-20" West along
West line of said Lot 11 for 100.57 feet to the Southwest comer of said Lot 11; thence run
East along the SOuth line of said Lot 11 for 62.50 feet to a point; thence run North
11-36'-48" West for 102.09 feet to the POINT OF BEGINNING, together with a portion of
said Parcel D being more particularly described as follows: Commence at the Northeast
comer of said Parcel D; thence run West along the North line of said Parcel D for 62.50 feet
to the POINT OF BEGINNING of a parcel of land hereinafter to be described; thence
continue West for 62.50 feet to the Northwest comer of said Parcel D; thence run South
06-06'-20" West along the West line of said Parcel D for 50.28 feet to the Southwest comer
of said Parcel D; thence run East along the South line of said Parcel D for 78.12 feet to a
point; thence run North 11-36'-48" West for 51.04 feet to the POINT OF BEGINNING.
; and
WHEREAS, Declarant is also the owner of the following described parcel, hereinafter referred to
as Parcel "B":
Lots 13 and 14, Block 2, GOLDEN SHORES OCEAN BOULEVARD ESTATES,
SECTION "D", a subdivision recorded in Plat Book 53, at Page 48 of the public records of
Miami-Dade County, Florida.
WHEREAS, Declarant intends to use Parcel "A" in conjunction with Parcel "B", restricting it in
accordance with a common plan designed to preserve the value and qualities of said land, for the benefit of
its future owners; and
WHEREAS, Declarant recognizes and acknowledges that for the public health, welfare, safety or
morals, the herein-described property, Parcel "A" and Parcel "B", although currently divided into separate
parcels, ownership should remain the same so long as the same is put to the hereinafter use.
NOW, THEREFORE, Declarant declares that said real property shall be held, transferred,
encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter
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set forth expressly and exclusively for the use and benefit of said property and of each and every person or
entity who now or in the future owns any portion or portions of said real property.
1. That Parcel "A" and Parcel "B" shall be considered as one plot and parcel of land and that no portion
of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in
its entirety as one plot or parcel of land. Siad parcels shall comply with approved building plans.
2. That all BU-ll1ses on the property be pennitted except for the following: bank facility, restaurants,
and religious facilities.
3. Declarant further agrees that these conditions, restrictions and limitations shall be deemed covenants
running with the land and shall be recorded, at Declarant's expense, in the public records of Miami-
Dade County, Florida, and shall remain in full force and effect and be binding upon the Owner, their
heirs, successors, personal representatives and assigns and upon all mortgagees or lessees until such
time as the same may be released at a public hearing before the City Commission of Sunny Isles
Beach, Florida.
4. Enforcement shall be by proceedings at law or in equity against any person or persons violating or
attempting to violate any covenant either to restrain violation or to recover damages. Such action
may be brought by the owner(s) of affected lot(s) or by the City of Sunny Isles Beach. Sunny Isles
Beach shall not be liable for any damage resulting from the exercise or failure to exercise the powers
described in this declaration of restrictions.
5. Invalidation of anyone of these covenants by judgment or court order shall in no wise affect any of
the other provisions that shall remain in full force and effect.
NOTE: THIS INSTRUMENT IS INTENDED. TO REPLACE THE DECLARATION OF
RESTRICTIONS AND UNITY OF TITLE THAT HAS BEEN RECORDED IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, DATED MAY 22, 2000.
IN WITNESS WHEREOF, Declarant has executed this Declaration of Restrictions and Unity of
Title as of the day and year first above written.
Declarant: L S B Investment Corp.
By: Jff/lR,~
Barry S ovitz, Its President
State of Florida )
County of Miami-Dade )
I HEREBY CERTIFY that the foregoing instrument was sworn to before me, this 6th
day of July, 2000 by Barry Shelomovitz who is [x] personally known to me or [] has produced the
following as identification:
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Notary Public
RECORI;€D IN CFF'ICI.llI.. RECORDS BO(),I(
OF DADE C()U>(TY. FlCRIDA.
RECORD VERIFIED
HARVEY !-lUVIN
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