HomeMy WebLinkAboutResolution Zoning 01-Z- 60
RESOLUTION NO. 01-Z-60
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
APPLICATION FOR ZONING VARIANCES SUBMITTED
BY NORMA CINTADO, SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 17, 2001, Norma Cintado ("Applicant"), submitted an application
to the City of Sunny Isles Beach, requesting the following non-use variances:
1. Non Use Variance oflot coverage requirements to permit a proposed residence with a lot
coverage of 46.3% (35% permitted).
2. Non Use Variance of setback requirements to permit a proposed residence to setback
12.5ft. from the front (south) property line (25 ft. required).
3. Non Use Variance of setback requirements to permit a proposed residence to setback
3.58 ft. from the interior (east) side property line (5.8 ft. required).
4. Non Use Variance of setback requirements to permit a proposed residence to setback 4.0
ft. from the interior (west) side property line (5.8 ft. required).
5. Non Use Variance of setback requirements to permit a proposed barbeque to a single-
family residence to setback 4.75 ft. from the rear (north) property line (5 ft. required).
6. Non Use Variance of setback requirements to permit a proposed barbeque to a single-
family residence to setback 3.33 ft. from the interior (east) side property line (5.8 ft.
required).
7. Non Use Variance of setback requirements to permit a proposed trellis to setback 3.42 ft.
from the interior (west) side property line (5.8 ft. required).
8. Non Use Variance of setback requirements to permit a swimming pool to setback 5.33 ft
from the interior (west) side property line (10ft. required).
LEGAL DESCRIPTION: Lots 59 & 60, Subdivision Plat of Atlantic Island, Plat Book 34-17.
ADDRESS:
319 Atlantic Avenue, Sunny Isles Beach, Florida
WHEREAS, on July 19, 2001, the City Commission conducted a public hearing on the
application submitted by Applicant which hearing was continued on July 24,2001; and
WHEREAS, on July 24, 2001, the Applicant submitted revised plans prior to the
continued hearing to address concerns raised at the Commission Meeting on July 19, 2001,
which revised plans were reviewed by the Zoning and Planning Director; and
Zoning Resolution No, 01-Z-60, Norma Cintado
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WHEREAS, the Applicant requested a withdrawal of the variance requests, Numbers 5,
7 and 8; and
WHEREAS, the 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 and to the positive recommendation of the
Zoning Director; and
WHEREAS, the City Commission has reviewed the application, and finds substantial
competent evidence to support a showing by the applicant that the non-use variances maintain
the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to
protect the general welfare of the public, particularly as it affects the stability and appearance of
the community and that the non-use variances will be otherwise compatible with the surrounding
land uses and would not be detrimental to the community;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. APPROVALS. The applicant's request for non-use variances are hereby approved
subject to the following modifications and conditions;
a. Request No.1: Non Use Variance of lot coverage requirements to permit a
proposed residence with a lot coverage of 43.1 %.
b. Request No.2: Non Use Variance of setback requirements to permit a proposed
residence to setback 12.5ft. from the front (south) property line.
c. Request No.3: Non Use Variance of setback requirements to permit a proposed
residence to setback 5.16ft. from the interior (east) side property line.
d. Request No.4: Non Use Variance of setback requirements to permit a proposed
residence to setback 5.0ft. from the interior (west) side property line.
e. Request No.6: Non Use Variance of setback requirements to permit a proposed
barbeque to a single-family residence to setback 5.0 ft. from the interior (east)
side property line.
f. Request Nos. 5, 7 and 8 were withdrawn by applicant from consideration.
2. CONDITIONS TO BE COMPLETED BEFORE FINAL APPROVAL OF SITE
PLAN OR PLAT IS SIGNED.
a. Applicant shall submit a final site plan that is consistent with revised plans
submitted, at the public hearing in which the Commission approved the
application. The site plan submitted shall be in the same form as that submitted
Zoning Resolution No. 01-Z-60, Norma Cintado
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for hearing entitled "Tizzoni Residence" as prepared by Form Architectural
Group, Inc., date stamp received on July 24, 2001. The final site plan shall
include among other things, but not limited to, location of structure or structures,
types, size and location of signs, light standards, off street parking areas, exits and
entrances, drainage, walls, etc.
b. Applicant shall submit a landscaping plan for the approval ofthe Zoning Director.
3. CONDITIONS TO BE COMPLETED BEFORE BUILDING PERMITS ARE
ISSUED OR ANY CONSTRUCTION IS COMMENCED.
a. Applicant will comply with all conditions and requirements of the Department of
the Environmental Resource Management (DERM), the Fire Department and the
Florida Department of Transportation.
b. Receipt of all legal documents as required by the Zoning Department.
4. CONDITIONS TO BE COMPLETED BEFORE ANY CERTIFICATE OF
OCCUPANCY IS ISSUED.
a. The applicant shall establish that the use is maintained in accordance with the
approved plans and shall receive a Certificate of Use in accordance therewith.
b. Applicant shall landscape the front entrance of the property and the East and West
side of the property.
c. Prior to the issuance of any Certificate of Occupancy, the applicant shall
demonstrate that it is in compliance with all the terms and conditions of the
approval granted by the City Commission, which Certificate of Occupancy shall be
subject to cancellation upon violation of any of the conditions.
d. The City Manager and/or his/her designee in the review of any application, may
refer any such application presented to it to such engineering, planning, legal,
technical, or environmental consultant or professional(s) employed by the City as
the Manager shall deem reasonably necessary to enable himlher to review such
application as required by law. Charges made by such consultant shall be in
accord with the charges customarily made for such services in Miami-Dade
County, and pursuant to an existing contractual agreement by and between the
City and such consultant. Charges made by the City shall be in accord with the
hourly rates charges by such consultants or hourly rates of employed
professionals and shall be paid on submission of a City voucher.
e. The applicant shall reimburse the City for the cost of such consultant or employed
professional services upon submission of a copy of the voucher, within thirty (30)
days of submission of a copy of the voucher and as a condition of the zoning
Zoning Resolution No, 01-Z-60, Norma Cintado
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resolution. These fees are in addition to any and all other fees required by other
law, rule, or regulation ofthe City code.
f. Escrow Accounts. At the time of submission of any application or thereafter, it is
required that an escrow account be established, from which withdrawals shall be
made to reimburse the City for the cost of professional review services. The
applicant shall then provide funds to the City for deposit into such account in an
amount to be determined by the City Manager, based on his/her evaluation of the
nature and complexity of the application. The applicant shall be provided with
copies of any City voucher for such services as they are submitted to the City.
When the balance in such escrow is reduced to one-third (113) of its initial
amount, the applicant shall deposit additional funds into such account to bring its
balance up to the amount of the initial deposit. If such account is not replenished
within thirty (30) days after the applicant is notified, in writing, of the
requirement for such additional deposit, the City may suspend its review of the
application. An application shall be deemed incomplete if any amount shall be
outstanding. A building permit or certificate of use and occupancy shall not be
issued unless all professional review fees charged in connection with the
applicant's project have been reimbursed to the City. Once all pertinent charges
have been paid, the City shall refund to the applicant any funds remaining on
deposit.
g. Collection of fees. All fees required pursuant to this chapter shall be collected by
the Zoning Director.
5. OTHER CONDITIONS.
Applicant shall commence construction within two (2) years from the date of approval of
this application.
6. EFFECTIVE DATE.
This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 24th day of July, 2001.
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Zoning Resolution No, 01-Z.60, Norma Cintado
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE:
\UcJL ~ \<,.,uJh-.c.....- moved and ~'U'I\.Vt ~o..A seconded
~~;l- ~ "the ~q~;t;d zoning modifications, and upon a roll call, the vote was ~ to ~ in
favor:
Mayor David Samson
Vice Mayor Kauffman
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
yes v'
yes c/
yes (7
yes V
yes (/
no
no
no
no
no
Zoning Resolution No. 01-Z-60, Norma Cintado
11:18 AM 2/19/02
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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. 00-Z-60 adopted
by the City Commission at its meeting held on the 24th day of July, 2001.
Issued this~y of ~ 2002.
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Zoning Resolution No. 01.Z-60, Norma Cintado
11:18 AM 2/19/02
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