HomeMy WebLinkAboutResolution Zoning 01-Z- 64
RESOLUTION NO. 01-Z-64
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICATION SUBMITTED BY GENE MIRVIS (Z2001-07), SUBJECT
TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on September 16,2001, Gene Mirvis submitted an application to the City
of Sunny Isles Beach, Florida, requesting the following:
1. Modification of Condition 2 of Resolution Z-120-94 passed and adopted by the Miami
Dade County Commission on the 14th day of July, 1994, only as it applies to the subject
property and reading as follows:
From 2: That in the approval of the plan, the same be substantially in accordance
with that submitted for hearing consisting of eleven sheets, sheet one entitled
"Site Plan", as prepared by Robayna and Associates, Inc., and dated 3-7-94,
second sheet entitled "Site Plan", as prepared by Robayna & Associates, and
last dated 4-26-94, third sheet entitled "Guard House, Perimeter Wall", dated
4-28-94, fourth sheet entitled "Model B Footprint", dated 5-18-94, fifth
sheet entitled "Model A Footprint", dated 5-18-94, sixth sheet "Model A
Elevation", dated 5-18-94, seventh sheet entitled " Model B Floor Plan
Guest & Loft", dated 5-27-94, eighth sheet entitled "Model B Guest Suite
Elevation", dated 6-1-94, ninth sheet entitled "Model B4 Elevations", dated
5-18-94, tenth sheet entitled "Model C Footprint", dated 5-19-94, and
eleventh sheet entitled "Model C 4 Bedroom Elevation", dated 5-18-94, as
prepared by Angles Esteban Assoc., Inc., except as herein modified as it
pertains to the variance related construction. Any future addition on the
property which conform to Zoning Code requirements will not require
further public hearing action.
To: That in the approval of the plan, the same be substantially in accordance
with that submitted for hearing entitled" Survey", prepared by Robayna and
Associates dated 2-7-96 and plans entitled "Site Plan and Floor Plan",
prepared by the applicant dated stamp received 9-16-01.
2. Special Exception and Unusual Use to permit a two-room addition not interconnected
to an existing single-family residence and having a separate ingress and egress from the
principal residence.
LEGAL:
Lot 9, Blk 3 of Golden Gate Estates and Marina PB 147 PG32
Resolution No. OI-Z-64, Gene Mirvis
LMD:ch
Legislation/Resolutionsl Attorney
1
LOCATION:
19464-39th Avenue, Sunny Isles Beach, Fl.
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
property 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:
II. APPROVALS.
The applicant's requests for Modification of Condition, Special Exception and Unusual Use are
hereby approved subject to the following modifications and conditions;
a. Modification of Condition 2 of Resolution Z-120-94 passed and adopted by the Miami
Dade County Commission on the 14th day of July, 1994, only as it applies to the subject property
and reading as follows:
"That in the approval of the plan, the same be substantially in accordance with
that submitted for hearing entitled " Survey", prepared by Robayna and
Associates dated 2-7-96 and plans entitled "Site Plan and Floor Plan", prepared
by the applicant dated stamp received 9-16-0 I."
b. Special Exception and Unusual Use to permit a two-room addition not interconnected to
an existing single family residence and having a separate ingress and egress from the
principal residence. Approved.
III. CONDITIONS
Conditions to be completed before Buildinl! Permits are issued or any construction is
commenced.
a. That a site plan be submitted to and meet with the approval of the Zoning Director 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.
Resolution No. OI-Z-64, Gene Mirvis
LMD:ch
Legislation/Resolutionsl Attorney
2
b. That in the approval of the plan, the same be substantially in accordance with that
submitted for hearing entitled "Survey", prepared by Robayna and Associates dated 2-7-
96 and plans entitled "Site Plan and Floor Plan", prepared by the applicant dated stamp
received 9-16-01.
c. That the use be established and maintained in accordance with the approved plans.
d. That the applicant submits a Declaration of Restrictions acceptable to the City, which
restricts the property to single-family use only.
e. That the applicant complies with all conditions and requirements of the Department of
Environmental Resources Management (DERM), the Fire Department and the Florida
Department of Transportation.
f. No building permits shall be issued unless the applicant has submitted all documents
referred in this resolution and shall have paid all impact fees due to the City.
IV. Conditions to be completed before any Certificate of Occupancy is issued.
a. Prior to the issuance of any Certificate of Occupancy, the applicant shall provide two (2)
copies of all necessary approvals from all governmental agencies to the Building
Department. The applicant shall demonstrate that he is in compliance with all the terms
and conditions of the approval granted by this City Commission.
b. Applicant shall pay all fees related to the review of the application described herein and
shall have paid all other fees due to the City.
c. 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 him/her 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.
d 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 resolution. These
fees are in addition to any and all other fees required by other law, rule, or regulation of
the City code.
e. 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
Resolution No. OI-Z-64, Gene Mirvis
LMD:ch
LegislationlResolutions/ Attorney
3
reimburse the City for the cost of professional review services, if any. 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 (1/3) 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.
f. Collection of fees. All fees required pursuant to this chapter shall be collected by the
Zoning Director.
v. Other Conditions:
a. Any Zoning approvals shall expire two (2) years from the date granted by the City
Commission.
b. That the applicant obtains a Certificate of Occupancy from the City, upon compliance
with all terms and conditions, with Certificate of Occupancy shall be subject to
cancellation upon violation of any ofthe conditions.
VII. EFFECTIVE DATE.
This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 13th day of December, 2001.
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Resolution -1Il6,~ O~Z..(j4, $~ntMirvis
LMD:ch . ,,'
LegislationlResolutionsl Attorney
4
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE: '3- L-
'(,0>- ~ ~l"-S moved and e.._...,........ 't<~ seconded
approval of he requested zoning modifications, and upon a roll call, the vote was 3 to;L. in
favor:
Mayor David Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
yes_
yes~
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yes V
noV
no
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no
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Resolution No. OI-Z-64, Gene Mirvis
LMD:ch
LegislationlResolutionsl Attorney
5
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. 01-Z-64 adopted
by the City Commission at its meeting held on the 13th day of December. 2001.
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Issued this '1, day of ~ o--~_. 200~:
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Resolution No, OI-Z-64, Gene Mirvis
LMD:ch
LegislationlResolutionsl Attorney
6
OfF. REC aK.
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This instrument was prepared by:
Name: Gene Mirvis
Address: 19464 39th Avenue
Sunny Isles Beach, FL 33160
20030PG4616
(Space reserved for Clerk)
REI'URN 'IO:
John H. Bemazzoli, Esq.
2734 Polk Street #H -
Hollywood, FL 33020
The understanding Owner(s) of the property herein legally described, hereby agree and bind
myself, or ourselves, and my, or our, heirs, successors and assigns as follows:
DECLARATION OF USE
FOR SINGLE FAMILY RESIDENCE
That the property herein described shall be used for a single family residence only
as defined in Section 33-1(44) of the Code of Metropolitan Dade County and the
plans submitted for said permit are designed and intended for such use only.
On Lot ~ Block ~ of C;o I Dl.v1 Co/wre 2 <;TIt1 ~ ~ m tifil () A
P.B.. ~Pg. ~the Public Records of Dade County, Florida.
Also known as rq if Co 1f
Dade County, Florida.
:s q'-t!l AVeVlc,{,e J Sc.tnn y Ts(es l3etAch, FL 33/ "0
Covenant Running with the Land. It is further understood and agreed that this agreement shall be
deemed a covenant running with the land and shall be recorded at the owner's expense in the public
records of Miami Dade, Florida, and shall remain in full force and effect and be binding upon the
owner, their heirs, successors and assigns until such time as the same may be released in writing by
the Zoning Director of the City of Sunny Isles Beach or the executive officer of the successor of
such department or, in the absence of such director or executive office, by this assistant in charge of
the office in his absence.
Legal Verified by
(Initial)
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OFF. REC BX.
20030PGlt611
Declaration of Use
Page Two
County InSDection. As further part of this agreement, it is hereby understood and agreed that
any official inspector of the City of Sunny Isles Beach or its agents duly authorized, may have
the privilege at any time of entering and investigating the use of the premises, to detel'!l1ine.
whether or not the requirements of the building and zoning regulations and the conditions ~erein
agreed to arc being complied with.
Enforcement. 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 ofms
attorney. This enforcement provision shall be in addition to any other remedies available at law,
in equity or both.
The Owner understands and acknowledges that, pursuant to Chapter 8CC of the Code of
Metropolitan Dade County, each verified violation of the approved use will result in the issuance
of a ticket with a fine of $500.00 for each day the violation exists. Unpaid fines will become a
lien on the property.
...... .
Off. REe DK.
20030PGlt61.
ACKNOWLEDGMENT
INDMDUAL
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Prin e /1.
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Signature '
Nor-fA. D . Sa.rfA-,
Print Name
Print Name
Address: ~ /Ie Ni,(A) / (
FtYl;.lf ~~ -wr~
g uA; _ { i - r -. '1'j ((. C
STATEOF Flon~
COUNTY OF tSrOwttr"d.
The foregoing instrument was acknowledged before me by Ge n e... f.4, t" illS
. who is personally known to me or has produced
. as identification. '
Witness my signature and official seal this ~ day of '-YJ ~ . 19fr~.o J
in the County and State aforesaid.
~~f0.~'
NOA?: ublic-State of loYLd.A.-
or-a 'b. 5ar~
Print Name
My Commission Expires:
o ClAL N :ARYSEAL
NORA BSARA
NorMY PUBLIC srATE OF FLORIDA
COMMISSION NO. CClOOI355
MY COMMISSION EXP. MAR. 4
RECORDED/III OFFICIAL RECORDS BOOI'
OFDNJECOCNTY. FLORIDA.
RlCORO VERIFIED
HARVEY RUVIN
Cf.ERK CIRCUIT COUP'
[c:Cormslac-in.sam (8197))