HomeMy WebLinkAboutResolution Zoning 00-Z- 45
RESOLUTION NO. 00 -Z-45
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST
OF ARLEN HOUSE MARINA CORP., FOR ZONING
MODIFICATIONS OF UNUSUAL USE AND NON USE
VARIANCES, SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Arlen House Marina Corp., applied for the following:
1. Unusual Use to permit the maintenance and continued use of a water use facility to wit;
a manna.
2. Non Use Variance of Zoning Regulations requiring a parcel ofland to have frontage on
a public right of way to waive same; to permit afore mention marina to be service through
a private drive.
3. Non-Use Variance of parking requirements to permit 0 parking spaces ( 12 parking
spaces required).
SUBJECT PROPERTY: A parcel ofland lying in Section 14, Township 52 South, Range 42
East Dade County, Florida lying within the boundaries of Tracts "A" and "B" of the Plat of
BAYVIEW POINT REVISED, as recorded in Plat Book 82, Page 99, and Tract "A" of the Plat
of ARLEN HOUSE EAST, as recorded in Plat Book 97, Page 5 both of the Public Records of
Dade County, Florida, being more being more particularly described as the follows:
Begin at the northeast corner of said Tract "A", of ARLEN HOUSE EAST the Following three
(3) courses being along the north line of said Tract "A" of ARLEN HOUSE EAST, also being
along the Dade County Bulkhead line as recorded in Plat Book 74, Page 1, Sheet 11; (1) thence S
63032'00" W for a distance of 126.35 feet; (2) thence S 78013'30" W for a distance of 102.67
feet; (3) thence N 88053'18" W for a distance of 322.39 feet to the northeast comer of said Tract
"B" ofBA YVIEW POINT REVISED; the next three (3) courses being along said Bulkhead line
and along the north line of said Tract "B" of BAY VIEW POINT REVISED; (1) thence continue
N 88053'18" W for a distance of 214.93 feet; (2) thence N 75029'41" W for a distance of 167.81
feet; (3) thence N 83055'15" W for a distance of 209.14 feet to the northeast comer of said Tract
"A" ofBA Y VIEW POINT REVISED; the next three (3) courses being said Bulkhead line and
along the north line of said Tract "A" of BAY VIEW POINT REVISED; (1) thence N 83051'26"
W for a distance of 265.84 feet; (2) thence N 85010'34" W for a distance of 100.50 feet; (3)
thence 88036'51" W for a distance of 64.00 feet to a point where the northerly line of said Tract
"A" becomes common with the northerly line of that parcel of land described in Official
Records Book 8065, Page 530 of the Public Records of Dade County, Florida; thence depart
from the north line of said Tract "A" of BAY VIEW POINT REVISED; thence S 01023'08" W
along the exterior boundary line of said parcel of land as found in said Official Records Book
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8065, Page 530, for a distance of 10.50 feet, the next three (3) courses being along the boundary
line of said parcel in Official Records Book 8065, Page 530, said three (3) courses being 10.50
feet South of and parallel with the north line of said Tract "A" of BAY VIEW POINT
REVISED; (1) thence S 88036'51" E for a distance of 63.68 feet; (2) thence S85010'34" E for a
distance of 100.06 feet; (3) thence S 83051 '26" E for a distance of 228.07 feet to a point on the
westerly line of a 35.00 foot easement as shown on said Plat of BAY VIEW POINT REVISED;
thence S16058'42" W along the west line of said easement for a distance of 40.22 feet to the
northwest comer of a parcel of land described in Official Records Book 8064, Page 450, in said
Public Records; the next two (2) courses being along the north of said parcel of land described in
Official Records Book 8064, Page 450; (1) thence S83051 '26" E for a distance of 79.20 feet; (2)
thence S 83055'15" E for a distance of 57.46 feet to a point on the west line of a parcel of land
described in Official Records Book 8357, PAGE 549; thence N 24013'38" E along the westerly
line of said parcel as described in Official Records Book 8357, Page 549 a distance of 41.97 feet
to the northwest comer of said parcel as described in Official Records Book 8357, Page 549; the
next four (4) courses being along the north line of said parcel of land described in Official
Records Book 8357, Page 549; (1) thence S83057'00" E for a distance of 103.28 feet; (2) thence
S 75E33'00" E for a distance of 188.70 feet; (3) thence S 89022'30" E for a distance of63.07 feet;
(4)thence S 89045'30" E for a distance of 133.15 to a point on the east line of said parcel ofland
as described in Official Records Book 8357, Page 549, said point also being on the west line of
said Tract "A" of ARLEN HOUSE EAST; thence N 04008'44" E along the west line of said
Tract "A" of ARLEN HOUSE EAST, and the east line of said parcel as described in Official
Records Book 8357, Page 549, for a distance of 1.52 feet to the northeast comer of a parcel of
land described in Official Record Book 9067, Page 973, said point being 10.50 feet south of the
northwest comer of said Tract "A" of ARLEN HOUSE EAST; the next three (3) courses being
along the north line of said parcel of land as described in Official Records Book 9067, Page 973
and being 10.50 feet south of and parallel with the north line of Tract "A" of ARLEN HOUSE
EAST; (1) thence S 88053'18" E for a distance of 324.14 feet; (2) thence N 78013'30" E for a
distance of 105.21 feet; (3) thence N 63032'00" E for a distance of 121.49 feet to a point on the
east line of Tract "A" of ARLEN HOUSE EAST, thence N 04008'44" E along the said east line
of Tract "A" for a distance of 12.20 feet to the POINT OF BEGINNING.
ADDRESS: 275 Bayview Drive
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. Zoning modification Requests Nos. 1-3 are hereby approved subject to the following
conditions:
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a. The Applicant will provide a certified copy of the recorded Waiver and
Disclaimer from opposing parties, regarding a possible claim of right to
Bayview Drive, as was presented to the City Commission at public hearing.
b. The Applicant provides a recordable agreement by and between the Arlen
House Marina Corp., and the Arlen House Condominium Association, Inc., to
provide 24-hour valet parking for patrons of the marina.
2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 16th day of March, 2000.
.;,. '-> ..J
>.. ~"'"
David Samson, Mayor
,;.., -'''';'
'<.j
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~I---
Lynn M. Dannheisser, City Attorney
VOTE:
~~~ k~ moved and ~\{st~~ seconded approval
of the requested zoning modifications, and upon a roll c~ote was 2. - Q In favor:
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
vyes _no
---&Lyes _no
.Jtt:Jes_no
~es no
-..CL.yes _no
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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. 00-Z-45 adopted
by the City Commission at its meeting held on the 16h day of March, 2000.
Issued this !f'day of 'f~, 2002.
LMD/ch
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