HomeMy WebLinkAboutReso 98-101RESOLUTION NO.98- L01
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
WINSTON YACHT CLUB, INC., LOCATED AT 270 174TH
STREET, TO ALLOW CONSIDERATION OF A ZONING
APPLICATION TO PERMIT AN UNUSUAL USE OF AN
EXISTING MARINA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on the 16`h 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 grant a waiver of the moratorium, Ordinance No. 98-40,
in accordance with Section 2 thereof, to Winston Yacht Club, Inc., located at 270
174th Street, to allow consideration of a zoning application to permit an unusual use
of an existing marina, which will not detrimentally affect the outcome of the
comprehensive planning process for the City nor will it materially reduce the existing
capacity of public services.
Section 2. This Resolution is effective upon adoption- t lot V
ATTEST:
Richard Bxown-Morilla, City Clerk
Waiver of Moratorium for Winston Yacht Club. -1-
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
r-
LXh M. Dannheisser, City Attorney
Vote: 4;- V
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffinan
Commissioner Morrow
4Yes)
es)
V(Yes)
-L Yes)
(Yes)
Moved by:
Seconded by: %v L -
Waiver of Moratorium for Winston Yacht Club. -2-
(No)
(No)
(No)
(No)
(No)
Memo
To: The City Commission
From: Jorge L. Vera . Zoning and Code Administrator
Subject: Request for Zoning Moratorium waiver
Winston Yacht Club Inc.
Date: November 30, 1998
RECOMMENDATION
It is recommended that the City Commission grant the requested waiver.
REASONS
After reviewing the above referenced request, staff has concluded that the grant of a waiver. which
would permit the consideration of building and zoning approval for an existing marina at the
Winston Towers complex, would not contravene the purpose of the moratorium ordinance and will
not materially reduce the existing capacity of public services. There is virtually no possibility of a
comprehensive plan objective or policy which would seek to change the character of a long
established commercial use of the marina... This is not a recommendation regarding the
substance of any zoning request, but merely a recommendation that the Commission grant a
waiver of the moratorium in this specific instance so that the applicant's zoning request may
be considered by the Citv at a later date.
Respectfully submitted,
Jorge L. Vera , Zoning and Code Administrator
LAW OFFICES
ALAN K. MARCUS, P.A.
SUITE 540
7300 NORTH KENDALL DRIVE
MIAMI, FLORIDA 33156
TEL: (305) 670-6522
FAX: (305) 670-6523
November 18, 1998
VIA TELEFAX AND MAIL
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
Attn: Mr. Jorge L. Vera
Zoning and Code Administrator
Re: Winston Yacht Club, Inc.
270 174`h Street
Sunny Isles Beach, FL 33160
Dear Jorge:
This letter will serve as a formal request to the Commission of City of Sunny Isles
Beach to waive the moratorium to allow the application of my client, Winston
Yacht Club, Inc., for unusual use heard at the next commission meeting.
This confirms our meeting for next Tuesday, November 24, 1998 at 2:00 p.m. at
your offices to discuss the current status of the application procedure.
If you are in need of anything further, please advise at your convenience.
Sincereiy,
R.
Alan K. Marcus, Esq.
AKM/jlh
cc: Winston Yacht Club, Inc.
O
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