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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. ! , ATTEST:, ,'.. ii, . -,.!. . ". J t" " ."V , ," \,1, "\""", 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~ yes_ yes ~ yes V noV no noV no no 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. . ,/~ Issued this '1, day of ~ o--~_. 200~: ~.... . '" .~ $; .0'. '. ,~ .. < t'.~ , .::. '" p . Resolution No, OI-Z-64, Gene Mirvis LMD:ch LegislationlResolutionsl Attorney 6 OfF. REC aK. ,- - . ' 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) r-- ..... .. i"- o ~o N :> o :z: ..... .;::) o C'4 f'. f'. f\. b1 ~ ..0 Lr: ,..j I:' h' " '. ..' . 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 tv{ . 13evnC{-zzoL Prin e /1. , ~TJ' o.JuJ.- 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))