HomeMy WebLinkAboutReso 2006-892
RESOLUTION NO. 2006-..8J2.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
RESOLUTION NO. 2005-757, EXTENDING THE TIME
REQUIRED FOR LA MANSION, L.L.c. TO OBTAIN A
BUILDING PERMIT PURSUANT TO RESOLUTION NO.
03-Z-75 IN ACCORDANCE WITH SECTION 265-3B (6) OF
THE LAND DEVELOPMENT REGULATIONS;
PROVIDING THE CITY MANAGER WITH THE
AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, La Mansion received a development approval on July 17,2003 (Resolution
No. 03-Z-75 attached hereto as Exhibit "A"); and
WHEREAS, Section 265-11 (L) requires an applicant to secure a building permit within
24 months from date that the City Commission approved a development project; and
WHEREAS, by Resolution No. 2005-757, the City Commission granted a request for
additional time filed by La Mansion, L.L.C.; and
WHEREAS, La Mansion is requesting additional time to act upon its development
approval due to pending litigation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
herein.
Incorporation of Recitals. The recitals stated above are hereby incorporated
Section 2. Extension of the Approval Period. The Approval Period shall be extended for a
time period not to go beyond June I, 2007, provided that La Mansion fulfill its obligations to
pay the required ten percent (10%) deposit for the purchase of transfer of development rights.
Section 3. Authority of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5.
Effective Date. This Resolution is effective upon adoption.
PASSED and ADOPTED, this 16th day of February 2006.
/-j .
~ f I(~ A 4cuttdcf'/
orman S. Edelcup, Mayor
La Mansion Permit Extension
1
ATTEST:
~IYU f\~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND LE L SUFFICIENCY:
Vote: 5~
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
La Mansion Permit Extension
( V) yes
(~ yes
l1L) yes
~es
yes
Moved by: Cj')M~~ Goonml'HU
Seconded by: C'~~ 'I<:;L<e~, 14S
(_) no
L)no
L)no
L)no
L)no
2
BILZIN SUM8ERG BAENA PRICe: & AXELROD LLF'
STAN'-C"" e. PRICE, P.A.
DIRECT DIAl. (30$) 350-2.:374
DIRECT F'AX (30!>) 351-2204
E'MAIL sprioe@bIlZln.cDm
A PARTNE:RSI-lIP OF l"ROF'I':SSIONAl ASSOCIATIONS
200 SOUTH e 15CAYNE: BOUl.E:VARD, SU ITE: 2500 . M lAM I, F'l.O"IOA 3.31.31-5340
T~l.Ei>HaNE: (305) 374-75S0
C-MAII..: INFO@SILZIN.C:OM . WWW.SILZlN.COM
December 20, 2005
Hans Oninot, Deputy City Attorney
City of Sunny Isles Beach
17070 Collins Avenue
Sunny Isles Beach. FL 33160
BY FAX
Re: La Mansion
Dear Mr. City Attorney:
Please accept this letter as our fomlal request to modify the provisions of City Resolution
No. 2005-757 (a copy of which is attached hereto) to seek an extension oftime to obtain building
permits to up to and including June 1,2007.
As you are we1l aware, as a full panicipant in the last two years of legal challenges by the
City of Golden Beach, as well as individual residents of both the City of Golden Beach and the
City of Sunny Isles Beach, we have been unable to obtain appropJiate linancing during the
pendancy of said litigation. Based upon a series of successful defenses to the various legal
challenges, our client is now in the posilion [0 go forvvard to construct its development approval
as approved by City Resolution No. 03-2-75.
Last week, in funherance of my client's desire to go forward with this proJecl, a formal
Application for the Transfer of Developmem Rights was filed with Mr. Jorge Vera, the City's
Zoning Administrator. In reviewing our file in regard to this maner, I am submitting a Jetter 10
you dated October 30, 2003 addressed to Mr. Jorge Vera which clearly indicates the nature of the
scrivener's error contained withil1 the approved resolution in 2003, which elToneously indicated
the amount of square footage subject to the Transfer of Development Rights Ordinance. I trust
[his enclosure will aid you in resolving this scrivener's error at a public hearing.
1 thank you in advance for your kind courtesy in regard to this maner and 1 wish you and
your family a healthy and prosperous new year.
Cordially,
~
SBP/cb
Enclosure
Stanley B. Price
MIAMI %2604.17441013890
12/20/05 JO:27 AM
RESOLUTI01\ NO. 2005- 757
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, EXTE~rorNG
THE TIME REQUIRED FOR LA MANSION, L.LC. TO
OBTAIN .l\ BUILDING PERMIT PURSUA..T~T TO
RESOLUTION NO. 03wZ-75 IN ACCORDANCE W1TH
SECTION z65-3B (6); PROviDING THE CITY MANAGER
WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLlJTION;
PROVIDING FOR A.c"'f EFFECTIVE DATE.
WHEREAS, La Mansion received a development approval on July 17, 2003 (Resolution
No, 03-Z-75 attached hereto as Ex..l-jibit "A"); and
WHEREAS, Section 265-] l(L) requires an applicant to secure a building permit within
24 months from dare that the City Commission approved a development proj eet; al1d
WHEREAS, La Mansion is :requesting addirional time to eel 'Jpon its development
approval due 10 pending litigation.
NOW THEREFORE, BE IT RESOL VED BY THE CITY COMMISSION OF THE
CITY OF SU~"Y ISLES BEACH, FLORIDA, AS FOLLO\YS:
SeetiOl) 1.
herein.
Incorporation of Recitals. The recitals stated above are hereby incorporated
Section 2. Ext~on or the Approval P'errcm: ;rhe Approval Period shall be extended fer a
time period not tO'go beyond JU11f~ 1, ~Og6_. '
Section 3. Authoritv of City Manager. The City Manager is hereby authori2;cd to do :in
things necessary to cffccru~te this Resolution.
Section 5.
Effective Date. This Resolution is effective upon adopIion.
:PASSED and ADOPTED, tbis Btl:1 day of January 2005.
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Ntrman s. ;Edc:] cup, Mayor /
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P.J005.l.:J MOJ\sion J>Crnlil E><'<:T1.iCTl.Dct:
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>~~.~,.kLL
. oJ ane' A. Hi-nes: Ci1:Y .Clerk
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APPROVED AS TO FORIv.l
AND LEGAL SUFFICIENCY:
~ City Attorney
Vote: 5-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Conunissloner Goodman
Commissioner Iglesias
~yes
C0 yes
~yes
~~s
yes
R200:S-l..:> Mlloslon ?=nit Ex1.r::r,,;,cf\.Doc
Moved by, ~~ ~""-l'\-II!
Secondc:dby: ~ R~7-IN
L-) no
<-----J no
L-J no
L-" no
L-..-:> no
2
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler. Commissioner
Police Chief Fred Maas, Interim City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Jorge L. Vera, Assistant City Manager yr
Priscilla Walker, Deputy City ClerpJ>
February 23, 2006
La MansionlRegalia Permit Extension Resolution
At its regular meeting of February 16, 2006, the City Commission adopted Resolution No.
2006-892, which approved a time extension for La Mansion/Regalia to obtain a building permit
for 19505 Collins Avenue. Attached is a copy of the approving resolution for your files.
Thank you.
:pw
Attachment
cc: Police Chief Fred Maas, Interim City Manager (memo only)
Hans Ottinot, City Attorney (memo only)
Lamansion - Regalia l'ennit Extension Reso Trans Memo