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HomeMy WebLinkAboutReso 2007-1125 RESOLUTION NO. 2007-J.l2.5 A RESOLUTION OF TIm CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CLARIFYING RESOLUTION 07-Z-109 TO REQUIRE THAT THE 24 MONTH PERIOD TO PULL A BUILDING PERMIT FOR THE EPICURE PROJECT SHALL COMMENCE ON MAY 17, 2007; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECI~SSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 07-Z-] 09, adopted May 17, 2007, the City Commission approved a zoning application submitted by Jerry's Famous Deli, Inc. ("Applicant") for a site plan modification of previously approved plans pursuant to Section 265- 18 of the City of Sunny Isles Beach, Florida, ("City") land development regulations (LOR's) regarding the property located at 17150 - 17] 90 Collins A venue ("Epicure Project"), subject to conditions; and WHEREAS, Section 265-11 of the City Code of Ordinances provides that each development order pursuant to the City's LDRs shall be valid for a period of 24 months from the date of issuance of the dcvelopmcnt oldcr, and that a building pcrmit must be obtained during said 24 month period, except in the event a different time period to obtain a building permit is exprcssly authorized by the City Commission and set forth in a development order; and WHEREAS, the Applicant has rcquested that the 24 month pcriod to pull a building permit for the Epicure Project commence on May] 7,2007, and WHEREAS, Section 265-11 of the City Code of Ordinances authorizes the City Commission to approve the Applicant's request that the 24 month period to pull a building permit for the Epicure Project commence on May 17, 2007. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing recitals are true and correct are incorporated hcrein by reference as if they fully set forth herein, Section 2. Clarification of Resolution No. 07-Z-] 09, Thc City Commission hereby clarifies Resolution No. 07-Z-109, passed and adopted by the Commission on May 17, 2007, to require that the 24 month period for the Applicant to pull a building permit for the Epicure Project shall commence on May 17,2007. Section 3, Authorization of the Citv Attornev and the Citv Manager. The City Attorney and the City Manager are hercby authorized to do all things necessary to effectuate the intent of this Resolution, Section 4. Repealer. All resolutions or part of resolutions in conflict hcrewith be and the same arc hercby repealed. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 21" day of June, 2007, ATTEST: ' ~A~ Jane A. Hines, CMC, City Clerk YOTE: 5-0 Mayor Edelcup Yice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias 0es no ..0es =no vy'es no VYes =no Vyes _no CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission By: Moved by: Second by: 2 d~ orman S, Edelcup, Mayor r n~;~ "'[GL-i'5:I'I\-S" y\~ W\~ r T....\:llrl..t~ TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax 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 Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Clay Parker, Building Official! Administrator ~ Priscilla Walker, CMC, Deputy City ClerpuJ June 26, 2007 Clarification of Epicure Resolution Timeline At its regular meeting of June 21, 2007, the City Commission adopted Resolution No. 2007- 1125, which clarified the commencement date for the 24-month period for Epicure to pull a building permit. Attached is a copy of the approving legislation to assist you in processing this item. Thank you. /pw Attachments cc: Hans Ottinot, City Attorney Epicure Bldg Permit Timeframe Clarification Memo OF SUN TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax MEMORANDUM The Honorable City commiSSiA'\ ~ Hans Ottinot, City Attorney U~'-' June 21, 2007 Epicure City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szcrlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk RECOMMENDATION: This Resolution is presented for your consideration and approval. REASONS: By Resolution No. 07-Z-109, adopted May 17,2007, the City Commission approved a site plan modification filed by Jerry's Famous Deli, Inc. At the time of the approval, the Applicant had assumed that the 24 month period had commenced automatically on May 17, 2007, upon the approval of the site plan modification. Thus, the Applicant is now requesting that the 24 month period commence on May 17, 2007. This request is a reasonable request in light of the fact that there is a short time-frame between the original approval and the modification. HO:jb /Attachment Agenda Item l OT Date ~ -2 , -- 01--