HomeMy WebLinkAboutReso 2006-1004
RESOLUTION NO. 2006-lQOL\
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA; AFFIRMING THE CITY
STAFF DECISION TO REVOKE PERMIT NO. B0604339 ISSUED
TO KMR CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF A WALL IN FRONT OF THE
PORTERHOUSE RESTAURANT LOCATED AT 17004 COLLINS
A VENUE, SUNNY ISLES BEACH; AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 17, 2006 the City issued building permit No. B0604339 to
KMR Construction Co. Inc. for the construction of a decorative wall in front of the Porterhouse
Restaurant located at 17004 Collins A venue, Sunny Isles Beach, inside a shopping Plaza owned
and operated by R.K. Associates; and
WHEREAS, on August 31, 2006, the City's Building Official revoked Building Permit
No. B0604339 because the proposed wall is in violation of Section 26S-4SE( 4) of the City Code;
and
WHEREAS, pursuant to an appeal of the Building Official's decision from R.K.
Associates, the City Manager affirmed the Building Official's decision in a letter dated
SeptemberS, 2006; and
WHEREAS, R.K. Associates has appealed the City Manager's decision before the City
Commission; and
WHEREAS, the City Commission has considered the appeal and finds that the wall is
not permitted at the proposed location and wish to affirm the City Staff s decision to revoke
permit No. B0604339.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. City Staff Decision Affirmed. City Staff decision is hereby affirmed. Permit No.
B0604339 shall stand revoked, unless the City grants a yariance request to R.K. Associates. The
variance application shall be submitted to the City within 30 days from the adoption of this
Resolution.
Section 2. Authorization to City Manager and City Attorney. In the event R.K. Associates
timely submits a variance request for the construction of a decorative wall at the Porterhouse
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U:\LEGlSTLATION\Draft Resolutions\2006\R2006-: : Affirming Decision to Revoke Permit No.
B0604339.doc
Restaurant, the City shall waive all associated permit fees. All code enforcement actions shall be
stayed until the resolution of the variance request.
Section 3. Effective Date. This Resolution shall become effective upon execution by all of
the parties thereto.
PASSED AND ADOPTED this 16th day of November 2006.
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APPROVED AS TO FORM
AND LEG L SUFFICIENCY:
Moved by:
C (WY\rY\ IS ( I 0 IlJ De.. ~u:..<;;'11'tS"
Seconded by: V I C <;- rY\ PY'10a.. ~~ '2.1 "J
Vote: 5-c>
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
V(Yes)
V(Yes)
V(Y es)
BYes)
V(Y es)
_(No)
_(No)
_(No)
_(No)
_(No)
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U:\LEGISTLA TION\Draft Resolutions\2006\R2006-; : Affirming Decision to Revoke Permit No.
B0604339.doc
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 Fox
(305) 947-2150 Building Deportment
(305)947-5107 Fox .
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Oltinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Clay Parker, Building Official/Administrator ~
Priscilla Walker, CMC, Deputy City Clerk r vJ
November 28, 2006
Affirmation of Revocation of Permit No. B0604339
At its regular meeting of November 16, 2006, the City Commission adopted Resolution No.
2006-1004, which affirmed staffs decision to revoke Permit No. B0604339, issued to KMR
Construction. Attached is a copy of the approving resolution for your files.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
Jorge L. Vera, Assistant City Manager/Services
Revocation Of KMR Construction Permit Trans Memo