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HomeMy WebLinkAboutReso 98- 88RESOLUTION NO.98-n A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A WAIVER FROM ORDINANCE NO. 98-40 IN ACCORDANCE WITH SECTION 2 THEREOF, TO BUILD A DUPLEX ON LOT 1, BLOCK 3, OCEAN BOULEVARD ESTATE SECTION "A" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 48 AT PAGE 39 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 16th day of July, 1998, the City enacted a moratorium on the filing and consideration of zoning applications and the issuance of development orders and development permits; and WHEREAS, in accordance with Section 2 of Ordinance No. 98-40, upon application by a property owner, the City Commission, after a public hearing, may grant a waiver to the moratorium if it determines the activity will not detrimentally affect the outcome of the comprehensive planning process for the City and will not materially reduce the existing capacity of public services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. The City staff is directed to lift the moratorium as to a review with respect to the duplex on Lot 1, Block 3, Ocean Boulevard Estates Section "A" according to the plat thereof, as recorded in Plat Book 48 at Page 39 of the Public Records of Miami -Dade County, Florida, inasmuch as the moratorium was not intended to cover duplexes and will not detrimentally affect the outcome of the comprehensive planning process for the City and will not materially reduce the existing capacity of public services. Section 2. This Resolution is effective upon adoption. David Samson, ATTEST: 1 A" Acl� Richard_BrownrMorilla, City Clerk Waiver of Moratorium for Duplcx Res. -1- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LyWM. Dannheisser, City Attorney Vote: Sry Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow t/ (Yes) V (Yes) _(Yes) (Yes) (Yes) Moved by: Seconded by: Waiver of Moratorium for Duplex Res. -2- (No) (No) (No) (No) (No) 9t H Memo To: City Commission From: Michael S. Berkman, Building Official Subject: Waiver from Ordinance 9840 to permit zoning consideration for a proposed duplex on Lot 1, Block 3, Ocean Blvd. Estate sec "A" Date: September 17, 1998 RECOi\IIIIENDATION Staff recommends that the city commission grant a waiver of the zoning and building moratorium imposed by Ordinance 98-40 to permit consideration of a zoning application to construct a duplex upon the referenced parcel. REASON & ANALYSIS The zoning moratorium was imposed by the City Manager and adopted by the City Commission to limit inappropriate high rise development while a new comprehensive plan is being formulated. A proposed duplex structure located within a zoning district which permits the development of duplex residences in no way threatens to undermine the purposes or intents of the moratorium. If permitted, the construction of a duplex upon the referenced parcel would, in no way, detrimentally effect the outcome of the comprehensive planning process. The referenced parcel is located within a long established low density neighborhood (single family & duplex development up to 6 units per acre). The comprehensive plan will not change the existing character or makeup of this area but will, most likely, seek to preserve and protect the existing character of this area. The proposed duplex is consistent with the character of the long established existing neighborhood. ReXSS. bmitted, Miman, Building Official LIFTER ENTERPRISES 17700 NW 2ND AVE * MIAMI, FLORIDA 33169 305-651-4108 Jorge Vera Zoning and Code Administrator N �T City of Sunny Isles Beach ( �& 17070 Collins Ave. Sunny Isles, Florida 33160 August I I, 1998 Dear Mr. Vera: This is to request a Public Hearing to waiver the moratorium to build a duplex on Lot 1, Block 3 Ocean Boulevard Estate Section "A" according to plat thereof as recorded in plat book 48 at page 39 of the public records of Miami -Dade County, Florida Please send all corpesdence to my attention at the address above. If you have any questions call me @ (305) 651-4108. Sincerely. Barry Fein, roject Manager Lifer Enterprises