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HomeMy WebLinkAboutResolution Zoning 07-Z-108 RESOLUTION NO. 07-Z-J.QB A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION (Z2006-10) SUBMITTED BY 17070 COLLINS AVENUE SHOPPING CENTER LTD. ON BEHALF OF THE PROPERTY LOCATED AT 17100 #225 COLLINS A VENUE (PORTER HOUSE BAR AND GRILL), (COLLECTIVELY REFERRED TO AS "APPLICANT"), REQUESTING A VARIANCE FROM SECTION 265-45 E(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR's) WHICH PROVIDES THAT WALLS ARE NOT PERMITTED WITHIN THE FRONT YARD SETBACK IN NON-RESIDENTIAL ZONING DISTRICTS, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on December 11,2006, 17070 COLLINS AVENUE SHOPPING CENTER LTD., (the "Applicant") submitted an application to the City of Sunny Isles Beach, Florida on behalf of the Portcr Housc Bar and Grill Rcstaurant (collectively referred to as "the Application") (Z2006-10), requesting a variance from Scction 265-45 E( 4) of the City of Sunny Isles Beach Land Development Regulations requiring that on non-residential parcels "no walls or fence shall be permitted within the front yard setback". Plans are on file and may be examined in the Planning and Zoning Department entitled "P0I1er House Bar and Grill", prepared by Joseph 13. Kaller Architecture Interior Planning, consisting of I sheet dated stamped 12-11-06. Plans may be modified at public hearing. Legal: 25242 ] I 52426.43 AC MIL TATUMS SUB OF GOVT LOT 61'13 10-64 E700FT OF N400FT OF TR I LYG W OF SR A-]-A LOT SIZE 280000 SQUARE FEET OR 1302]- 745 0986 I according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida. ADDRESS: 17100 #225 Collins A venue And, WHEREAS, on February 15, 2007, the City Commission conducted a public hearing on the Application; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested partics concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the joint memorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the application; and R07-2- Porter HOllse WHEREAS, the City Commission revicwed the Application, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render rcports with respect to the Application, including the recommcnded conditions, and finds substantial competent evidcnce to support the approval of this zoning application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: I. APPROVAL. The City Commission hereby approves Applicant's request for a variance Ji-om Section 265-45 E(4) of the City of Sunny Isles Bcach Land Development Regulations, requiring that on non-residential parcels "no walls or fence shall be permitted within the front yard setback". The approval is subject to Applicant's compliance with all the terms and conditions outlined in the Letter Agreement dated February 13, 2005, attached hereto and identified as "Exhibit A", and the conditions listed below which are transferable to Applicant's successor, buyers or assignee and subject to the conditions set forth below being performed to the satisfaction of the City. II. Conditions (1) That the wall is maintained substantially in accordance with the plans submitted for public hcaring. Plans are on Iile and may be examined in the Planning and Zoning Department entitled "Porter House [Jar and Grill", prepared by Joseph 13. Kaller Architecture Interior Planning, consisting of I sheet dated stamped 12-11-06. Plans may be modilied at publie hearing. Plans may be modified at public hearing. (2) That the Applicant also known as R.K. Associates or Ranaan Katz shall enter into easement agreements with the City in accordance with the terms outlined in the Letter Agreement attached hereto as Exhibit "A" and in accordance with the additional terms set forth herein. The easement agreements shall specify that the easements shall be used for landscaping purposes, undergrounding of utilities, and placement of streetscape furniture which includes but not limited to bus benches, garbage receptacles, and news racks. Upon the utilization of the easement parcels by the City, the City shall be responsible for maintaining the easement parcels and any streetscape furniture located on the easement parcels. (3) That the City shall reimburse the Applicant a total of $3,500 of verifiable expenses related to the variance application. (4) That the Applicant shall comply with all City Ordinances applicable to development an permit approvals. This variance is subject to revocation in the event that Applicant fails to comply with any of the conditions set forth herein R07-2- Porler Ilouse 2 FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER TillS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. III. SEVERABILITY AND EFFECTIVE DATE. I. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2. This Resolution shall become effectivc upon adoption. PASSED and ADOPTED this 151h day of February, 2007. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission ::J ATTEST: ~~ ~~L Jane A. Hines, C:MC, City Clerk R07.2. Porter House 3 VOTE: 5-0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias \ges xes VYes VXes vyes R07-2. Porter House Moved by: ~ (J rY\Alth~ ~~ Second by: 0"""1-1\\ s.~'oJlif.~ tR't21 tJ no _no no no no 4 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES, City 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. 07-Z-IO~ adopted by the City Commission at its meeting held on the IS-+l, day of F~ 2007. Issued: 2/23/07 ~~ :':~.i~~~' > Jane A. HlI1es, CMC, CIty Clerk. . . .-' R07.2- Porte, House 5 fEB-13-2007 09:34AM fROM-CITY Of SUNNY ISLES BEACH City Commission Norman S. EdelC1.lp Mayor Lewis J. Thaler Vice Mayor Rosfyn Brezin Commls&io(\l'!( Gerry Goodman COl'l1mjssioMr Donny Iglesias Comn"U:i:Jionor A. John Szerlog City Manog(l:r Hans Qtfinot City Aflamey Jane A. Hines CilyClerk: 3057921563 T-225 P.002/004 F-335 18070 Collin. Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.slbR.net February 13,2007 Via Fncsimile and U.S. Mail (305) 948-3410 Ranaan Katz R.K. Associates J 7100 Collins Avenue Sunny Isles Beach, Florida 33160 33160 Arnold Shelvin R. K. Associates 17100 Collins Avenue Sunny Isles Beach, Florida Rc: PcdcstrianlUtility Easements Porterhouse Restaurant Dear Gentlemen: By the attached Jetter dated February 7, 2007, you provided me with the terms and conditions that 17070 Collins Avenue Shopping Center Ltd., also known as R.K. Associates or Rnnaan Katz ("Applicant") are willing to provide a 5' to 10' reet easement along the eastern border of the shopping centers located at 16850-17100 Collins Avenue and 18090-182990 Collins Avenue. While we appreciate your efforts in attempting to provide a form of mitigation for the variance request relating to the Porterhouse Restaurant, the City cannot agree with all the conditions that you have attached to the grant of ensements, The following conditions are acceptablc to the City: (1) The easemcnt will be used solely for maintenance and underground of utility lines, planting and maintenance of landscape In accordance with the City's Streetscape Mastel' Plan and for pedestrian walkways along Collins Avenue; (2) The City will be responsible for maintenance of any and all improvements in the easement areas at all times and at its sole cost and expenses; (3) TIle use of the easements by the City shall not interfere with the Properly owner's use of its property. The City agrees to provide the Property owner with at least twenty four (24) hours notice before placing any improvements on the easement parcels; II- 1\ Woik- wIl! he. j./, JOM-In q "-J4y -Iv cAi~.k-i<<e s""Pflr\i ('e~k.0 'i'S ltHf-e.. '?S f~.!'I -C (4) The grant of easements shall not extingl.llsh any zoning or ~ be. {. 11 development rights that the Property owner may have under the City's CWvlf/e;iW zoning code. Such grant af easements shall not require the Property l"'- ~ owner to reduce the number of parking spaces that exist at thc 'i v1ClA.e.s1- ~~~~ ~~~\ 'fl--- EXHIBIT "A" FEB-13-2007 09,34AM FROM-CITY OF SUNNY ISLES BEACH 3057921553 T-225 P.OOS/004 F-SS5 (5) The outside dining walls located at the La Terraza Restaurant and Starbucks shall not be included in the easement parcels unless the shopping centers are developed under a new site plan. Upon request by the City, the wall located at the Porterhouse Restaurant may be removed or redueed to accommodate the grant of easements. Ifremoval Or reduction is required, the City agrees to reimburse the Porterhouse Restaurant for reasonable costs and expenses associated with the removal of the wall. The request for reimbursement is subject to !bc approval of the City Commission. As you may notice, !be above conditions mirror conditions (b) through (1) asserted in your leller with a few minor changes. ll1erefore. the City has oniy rejected tho condition asserted in paragraph (a) of your letter. This condition was not acceptable to the City because the grant of easements were offered as mitigation for the Porterhouse. Thus, we do not believe that the grant of easements shoul d be conditioned on !be grant of similar easements from other property owners. Moreover, it is important to note !bat all !be property owners along Collins AvenUe are required to provide the easements if they seek to redevelop their property. For example, the Epicure project has agreed to provide the easement to !be City. Simply put, the condition in paragraph (a) is already required by City Code, Finally, please be advised that the City Commission has the authority to accept or reject !be easements as mitigation for the variance request for the wall located at the Porterhouse Restaurant. Under City Code, the authority to grant or deny a variance request is within the purview of the City Commission. Notwithstanding, it is my belief thnt your offer will demonstrate to the City Commission that you are serious in mitigating the impact the wall may have on pedestrian mobility along Collins Avenue. If the foregoing is agreeable to you, please acknowledge your understanding and agreement by signing this leller and delivering it to me no later than 10:00 a.m. on Wednesday, February 14, 2007. Your agreement will be memorialized into a condition of approval if the City Commission approves the variance request. AGREED AND ACCEPTED on F f B . - I J .,2007. R.K. ASSOClA TES ~ Ranaan Katz ~ cc: John Szerlag, City Manager Patricia SaintViI-Joseph Jorge Vera, Assistant City Manager FEB-13-Z007 09:34AM FROM-CITV OF SUNNY ISLES BEACH 3057921563 T-225 P.004/004 F-335 R.K. ASSOCIATES February 7, 2007 P.O. Box 111 . tied ham, Massachusetts 02027.0111 Telephone: 781-320-0001. Facsimile; 781-320-3610 17100 Collins Avenue. Miami Beach, Florida 33160 Telephone: 305.9494110. Fat:simile: 305-948-3410 Hans Otl:inot Elq. C~y of Sunny Isles Beech 18070 Collins Ave Sunny 1.les, Fl33160 RE: PORTERHOUSE RESTAURANT WALL ZONINO VARIANCE IEASEMENTS "For Settlement: Purposes Only" Dear Hans; We are in receipt of your correspondence of February s, ']!)O7 with regard. to the above referenced matter. We have reviewed your prtllJO'al and are wIlling to IIJOrn with the City in the followinll mannen 1. We are willing to provide easements In both of our shopping centers located at 16850-17100 Collins Avenue and 18090-182990 Collins Ave between 5' and up to 10' if necl!lscry along the City Sidewal~ on Collins Avenue under a specific agreement stipulating the following: 6Jour easement will only be given to the City once all other property owners along Collins Avenue have provided similar easements to allow for the work to take place, b. The easement will be used solely for maintenance and underground utility lines, planting and maintenance of landscape in accordance with the City's plans and additional pedestria~ walkways along Collins Avenue. c. The City will be solely responsible for maintenance of any and all improvements in these areas at all times at their sole cost and expenses. d. Any work to be done in the easement areas will be done by the City at their sole cost and will be done in a manner that will cause the least amount of interference with the Property owner's shopping center and in the quickest period of time. e. In no way shape or form will the shopping centers zoning rights or ability for development In the future be affected in any way by the easements being provided. Any work in the easement areas (i.e. landscaping or walkways) shall be designed In a manner to minimize any affect on the shopping center ,and specifically not reduce parking in any way. f. The easement improvements shall be designed in a manner to assure that the existing outdoor dining areas and walls at La Terra<2a Restaurant at 18090 Collins and Starbucks at 17100 Collins are not to be changed or modified unless agreed upon by the tenants in POSSession of the premises. The wall and outdoor dining area at the Porterhouse restaurant that Is being granted a variance shall be cut back and modified by the City at the time all Improvements aiong Collins Avenue area being done. 'tit.. C'ily 'II Il1e;r Mle cost and ex"""",, ..rill ribYild tRs wall in the new ~raa in ell elEj'lS(litjll' I~ fRanl1ef so not to il'ltr:rfure 'hitl1 teRBAle bt:lsiREllISo Please review this proposal with Jorge Vera and call me so that we may finalize this matter. Cc: Raanan Katz. Jorge Vera City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Donny Iglesias Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net February 23,2007 Mr. Arnold Shevlin R.K. Associates 17100 Collins Avenue Sunny Isles Beach, FF 33160 Re: Resolution No. 07-Z-108 Approving the Zoning Application (Z2006-10) Submitted by 17070 Collins Avenue Shopping Center Ltd. on Behalf of the Property Located at 17100 #225 Collins Avenue (Porter House Bar and Grill), requesting a Variance from Section 265-45 E(4) of the City's Land Development Regulations (LDRs) Which Provides that Walls are Not Permitted Within the Front Yard Setback in Non-Residential Zoning Districts, Subject to Certain Conditions. Dear Mr. Shevlin: Enclosed please find a certified copy of Resolution No. 07-Z-108, adopted by the City Commission on February 15, 2007, approving the application submitted by 17070 Collins A venue Shopping Center Ltd. (Zoning Hearing Z2006-10), for the property located at 17100 #225 Collins Avenue, subject to certain conditions. Should you have any questions, please do not hesitate to contact me. Sincerely, . ~A~ Jane A. Hines, CMC City Clerk Enclosures c: A. John Szerlag, City Manager Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Jean Watson, Finance Director Robert Solera, Community Development Director Elena Del Campillo, Planning and Zoning Technician Ranaan Katz, R.K. Associates Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Shevlin, Arnold - Porter House Zoning Reso LtLDoc p RESOLUTION NO. 07-Z-iQ8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION (Z2006-10) SUBMITTED BY 17070 COLLINS AVENUE SHOPPING CENTER LTD. ON BEHALF OF THE PROPERTY LOCATED AT 17100 #225 COLLINS A VENUE (PORTER HOUSE BAR AND GRILL), (COLLECTIVELY REFERRED TO AS "APPLICANT"), REQUESTING A VARIANCE FROM SECTION 265-45 E(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR's) WHICH PROVIDES THAT WALLS ARE NOT PERMITTED WITHIN THE FRONT YARD SETBACK IN NON-RESIDENTIAL ZONING DISTRICTS, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on December 11, 2006, 17070 COLLINS AVENUE SHOPPING CENTER LTD., (the "Applicant") submitted an application to the City of Sunny Isles Beach, Florida on behalf of the Porter House Bar and Grill Restaurant (collectively referred to as "the Application") (Z2006-10), requesting a variance from Section 265-45 E( 4) of the City of Sunny Isles Beach Land Development Regulations requiring that on non-residential parcels "no walls or fence shall be permitted within the front yard setback". Plans are on file and may be examined in the Planning and Zoning Department entitled "Porter House Bar and Grill", prepared by Joseph B. Kaller Architecture Interior Planning, consisting of ] sheet dated stamped ] 2- 11-06. Plans may be modified at public hearing. Legal: 2 52 42 ] I 52 42 6.43 AC MIL T A TUMS SUB OF GOVT LOT 6 PB ] 0-64 E700FT OF N400FT OF TR 1 L YG W OF SR A-I-A LOT SIZE 280000 SQUARE FEET OR ] 3021- 745 0986 1 according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida. ADDRESS: 17100 #225 Collins Avenue And, WHEREAS, on February 15, 2007, the City Commission conducted a public hearing on the Application; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the. matter and to the positive recommendation contained in the joint memorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the application; and R07-Z- Porter House " WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render reports with respect to the Application, including the recommended conditions, and finds substantial competent evidence to support the approval of this zoning application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: I. APPROVAL. The City Commission hereby approves Applicant's request for a variance from Section 265-45 E(4) of the City of Sunny Isles Beach Land Development Regulations, requiring that on non-residential parcels "no walls or fence shall be permitted within the front yard setback". The approval is subject to Applicant's compliance with all the terms and conditions outlined in the Letter Agreement dated February 13, 2005, attached hereto and identified as "Exhibit A", and the conditions listed below which are transferable to Applicant's successor, buyers or assignee and subject to the conditions set forth below being performed to the satisfaction of the City. II. Conditions (1) That the wall is maintained substantially in accordance with the plans submitted for public hearing. Plans are on file and may be examined in the Planning and Zoning I Department entitled "Porter House Bar and Grill", prepared by Joseph B. Kaller Architecture Interior Planning, consisting of I sheet dated stamped ] 2- I 1-06. Plans may be modified at public hearing. Plans may be modified at public hearing. (2) That the Applicant also known as R.K. Associates or Ranaan Katz shall enter into easement agreements with the City in accordance with the terms outlined in the Letter Agreement attached hereto as Exhibit "A" and in accordance with the additional terms set forth herein. The easement agreements shall specify that the easements shall be used for landscaping purposes, undergrounding of utilities, and placement of streetscape furniture which includes but not limited to bus benches, garbage receptacles, and news racks. Upon the utilization of the easement parcels by the City, the City shall be responsible for maintaining the easement parcels ahd any streetscape furniture located on the easement parcels. (3) That the City shall reimburse the Applicant a total of $3,500 of verifiable expenses related to the variance application. (4) That the Applicant shall comply with all City Ordinances applicable to development an permit approvals. This variance is subject to revocation in the event that Applicant fails to comply with any of the conditions set forth herein R07-Z- Porter House 2 ( . FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. III. SEVERABILITY AND EFFECTIVE DATE. I. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 15th day of February, 2007. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission B~)~j}111//~ / /<:>. 1:/ ~../ y. " r y!l, <L{>t(/~ ~/ orman S. Edelcup, 'Mayor ATTEST: I / / , ~~ ~-~ . Jane A. Hines, <=MC, City Clerk R07-Z- Porter House 3 VOTE: 5-0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~es yes .l/):es ~ys VYes R07-Z- Porter House Moved by: V; (J. v'Y\AAdH2.. ~<eR. Second by: Chh\W\\ S.~'o.vf..R t~ce21 N no _no no no _no 4 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES, City 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. 07-z-log adopted by the City Commission at its meeting held on the 154-1. day of F~ 2007. , .' , Issued: 2/23/t:> 7 ~ l.{~~Z,~: Jane A. Hmes, C~~, CIty Cler~ ;. " .i" . \'. -., \.' "''<'. !, ; '.- ~ <. .' R07-Z- Porter House 5 FEB-13-200T 09:34AM FROM-CITY OF SUNNY ISLES BEACH City Commission Norman S. EdelCIJp Moyor Lewis J. Tholer Vi..:.: Moyor Roslyn Brezin CommisciOIlt.r Gerry Goodman CommiesiofiOr Donny Iglesias Comml~....ioner A John Szerlog CHy Managor Hans Qttinot City Attorney Jone A. Hines Cily Clerk 3057921563 T-225 P.002/004 F-335 1 S070 Collins Avenue, Sunny Isles Beach, Fl 33160 305.947.0(J06 www.sibfl.net February 13, 2007 Via Facsimile and U.S. Mail (305) 948-3410 Ranaan Katz R.K. Associates 17100 Collins Avenue Sunny Isles Beach, Florida 33160 33160 Arnold Shelvin R. K. Associates 17100 Collins Avenue Sunny Isles Beach, Florida Re: Pedcstrian/Utility Easements Porterhouse Restaurant Dear Gentlemen: By the attached letter dated February'l, 2007, you provided me with the terms and conditions that 17070 CoJlins Avenue Shopping Center Ltd., also known as R.K. Associates or Ranaan Katz ("Applicant") are willing to provide a 5' to 10' feet easement along the eastern border of the shopping centers located at 16850-17100 Cotlins A venue and 18090-182990 Collins A venue. Whi le we appreciate your efforts in attempting to provide a form of mitigation for the variance request relating to the Porterhouse Restaurant, the City cannot agree with all the conditions that you have attached to the gram of easements. The following conditions are acceptable to the City: (1) The easement will be used solely for maintenance and underground of utility lines, planting and maintenance of landscape in accordance with the City's Streetscape Master Plan and for pedestrian walkways along Co[Jins A venue; (2) The City will be responsible for maintenance of any and all improvements in the easement areas at all times and at its sole cost and expenses; (3) The use of the easements by the City shall not interfere with the Property Owner's use of its property. The City agrees to provide the Property owner with at least twenty four (24) hours notice before placing any improvements on the easement parcels; A 1\ vJO{k.. ""'II.be. J,ft JOil-€..-ln q 1AJ4'/ -1-0 cJ.I'sfv~-#.e 9iopf/-tl..r C€'t'k.0 lfS hHI-e.. ?s p(jJ'.o (, (4) The grant or easements shall not extinguish any zoning or ~ be. (. Il development rights that the Property owner may have under the City's cOWo.pfejC.Q zoning code. Such grant of easements shall not require the Property ll;t. ~ owner to reduce the number of parking spaces that exist at the 't v 1 C~ sf- shopping centers; f~.fl~1.e wwf- 'fl-4 \ EXHIBIT "A" FEB-13-2007 09:34AM FROM-CITY OF SUNNY ISLES BEACH 3057921563 T-225 P.OO3/004 F-335 (5) The oUTside dining walls located at the La Torraza Restaurant and Starbucks shall not be included in the easement parcels unless the shopping centers are developed under a new site plan. Upon request by the City, the wall located at the Porterhouse Restaurant may be removed or reduced to accommodate the grant of easements. Ifremoval or reduction is required, theCity agrees to reimburse the Porterhouse Restaurant for reasonable costs and expenses associated with the removal of the wall. The request for reimbursement is subject to the approval of the City Commission. As you may notice, the above conditions mirror conditions (b) through (f) asserted in your letter with a few minor changes. TIlerefore, the City has only rejected the condition asserted in paragraph (a) of your letter. This condition was not acceptable to the City because the grant of easements were offered as mitigation for the Porterhouse. Thus, we do not believe that the grant of easements should be conditioned on the grant of similar easements from other property owners. Moreover, it is important to note that all the property owners along Collins Avenue are required to provide the easements if they seek to redevelop their propeny. For example, the Epicure project has agreed to provide the easement to the City. Simply put, the condition in paragraph (a) is already required by City Code, Finally, please be advised that the City Commission has the authority to accept or reject the easements as mitigation for the variance request for the walt located at the Porterhouse Restaurant. Under City Code, the authority to grant ordeny a variance request is within the purview of the City Commission. Notwithstanding, it is my belief that your offer will demonstrate to the City Commission that you are serious in mitigating the impact the wall may have on pedestrian mobility along Collins Avenue. If the foregoing is agreeable to you, please acknowledge your understanding and agreement by signing this letter and delivering it to me no later than 10:00 a.m. on Wednesday, February 14, 2007. Your agreement will be memorialized into a condition of approval if the City Commission approves the variance request. AGREED AND ACCEPTED on F t B . - I J ~,2007. R.K. ASSOCIATES ~ cc: John Szerlag, City Manager Patricia SaintVil-Joseph Jorge Vera, Assistant City Manager FEB-13-Z00r 09:34A~ FROM-CITY OF SUNNY ISLES BEACH 3057921563 T-225 P.004/004 F-335 R.K. ASSOCIATES P.o. Box 111. Dedham, Massachusetts 02027-0111 Telephone: 781~20-o001. Facsimile; 781..320<<3610 February 7. 2007 11100 Collins Avenue · Miami Beach, Florida 331&0 Telephone: 305--949-4110. Facsimile: 305-948-3410 Hans Ottinot Esq. Cll:~ of Sunny Isles Beach 18070 Co"in~ Ave Sunny Isles, Fl33160 RE: PORTERHOUSE RESTAURANT WALL ZONINO VARIANCE IEASEMENTS "For Settlement: Purposes Only" Dear Hans; We are in receipt of your correspondence of February 5. ':11)07 with regards to the above referenced matter. We have reviewed your proposal Clncf are willing to worR with the City in the following mannen 1. We are Willing to provide easements in both of our shopping centers located at 16850-17100 Collins Avenue and 18090-182990 Collfns Aue between S' and up to 10' if n~e!iscry Cllong the City SidewalR on Cclrms Avenue under a specific agreement stipulating the following: -DJour easement will only be given to the City once all other property owners along Collins Avenue have provided similar easements to allow for the work to take place. b. The easement will be used. solely for maintenance and underground utility lines, planting and maintenance of landscape in accordance with the City's plans and additional pedestriar,'l walkways along Collins Avenue. c. The City will be solely responsible for maintenance of any and all improvements in these areas at all times at their sole cost and expenses. d. Any work to be done in the easement areas will be done by the City at their sole cost and will be done in a manner that will cause the least amount of interference with the Property owners shopping center and in the quickest period of time. e. In no way shape or fonn will the shopping centers zoning rights or ability for development in the future be affected in any way by the easements being prOVided. Any work in the easement areas (i.e. landscaping or walkways) shall be designed In a manner to minimize any affect on the shopping center ,and specifically not reduce parking in any way. f. The easement improvements shall be designed in a manner to assure that the exlsting outdoor dining areas and walls at La Terrazza Restaurant at 18090 Collins and Starbucksat 17100 Collins are not to be changed or modified unless agreed upon by the tenants in possession of the premises. The wall and outdoor dining area at the Porterhouse restaurant that is being granted a variance shall be cut back and modified by the City at the time all Improvements along Collins Avenue area ~eing done.. !I:le C;~. ~t their ~nr~ ~ost and e~nC::::I::~~9 wall in thO' new ~kilre3 JR aft ~eitloua m:lRf1cr so flet tointerfeFEi 'J"'--~A--- __~__ Please review this proposal with Jorge Vera and call me so that we may fll1~lize this matter. Cc: Raanan Katz, Jorge Vera