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HomeMy WebLinkAboutResolution Zoning 12-Z-125RESOLUTION NO. 12 -Z - I ZS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ( "CITY ") APPROVING THE SITE PLAN APPLICATION SUBMITTED BY SUNNY ISLES MARINA, LLC (THE "APPLICANT "), (Z2012 -01), PURSUANT TO SECTION 265 -18 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY ISLES BEACH ( "LDRS "), TO PERMIT TWO (2) OPEN BOAT RACKS AT THE EXISTING MARINA LOCATED AT 400 SUNNY ISLES BOULEVARD; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS WHEREAS, Sunny Isles Marina, LLC (the "Applicant ") submitted a site plan application to the City of Sunny Isles Beach, Florida (the "Application ") (Z2012 -01), requesting the following: Pursuant to Section 265 -18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval to allow two (2) open boat racks at the existing marina located at 400 Sunny Isles Boulevard. LEGAL: Lots 24, 25 and Tracts B, C and D, of Second Revised Plat of Bella Vista Subdivision, according to the Plat thereof, as recorded in PB 50, Page 76, less a parcel taken by condemnation. ADDRESS: 400 Sunny Isles Boulevard WHEREAS, on February 16, 2012, the City Commission conducted a public hearing on the Application; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the City's Community Development Department Review Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Community Development Department, including the recommended conditions, and finds substantial competent evidence to support a showing by the Applicant that the request for site plan approval is in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the 12 -Z- 400 Sunny Isles Boulevard zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community; and, further finds that said request should be granted, subject to the conditions described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. INCORPORATION OF RECITALS All recitals above are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVAL A. The Applicant's request for approval of the site plan approval to allow one (1) existing open boat racks and one (1) new open boat rack at the existing marina located at 400 Sunny Isles Boulevard is hereby granted and said site plan is hereby approved subject to all conditions set forth in Section IV below. The new open boat rack shall not exceed twenty (20) feet. IV. A. CONDITIONS TO BE COMPLETED BEFORE BELOW GRADE OR BUILDING PERMITS. INCLUDING FOUNDATION PERMITS. ARE ISSUED OR CONSTRUCTION OF ANY NATURE IS COMMENCED. (1) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Community Development Director and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265 -18 of the City Code, the Applicant shall be required to obtain another approval of the City Commission. (2) That the Applicant complies with all conditions and permit requirements of the Miami - Dade County Department of Permitting, Environment and Regulatory Affairs (PERA), the Miami -Dade County Fire Department (MDFD) and North Miami Beach Utilities. (3) That the applicant obtains a Business Tax Receipt from the City upon compliance with all terms and conditions. The Business Tax Receipt shall be subject to cancellation upon violation of any conditions. NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267.4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND 12 -Z- 400 Sunny Isles Boulevard 2 DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE), OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERRED. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. V. AUTHORIZATION OF CITY MANAGER The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. VI. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. VII. REPEALER All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. VIII. EFFECTIVE DATE This Resolution shall become effective upon adoption. PASSED and ADOPTED this 16th day of February, 2012. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission Norman S. Edelcup, 12 -Z- 400 Sunny Isles Boulevard 3 n City Clerk I317%5I AND City VOTE: 'Z'-0 Moved by: ((��V 11 /� Second by: 1A VAIC C LOJEe U}- TO Mayor Norman Edelcup ✓yes no Vice Mayor Thaler ✓yes _no Commissioner Aelion / es no Commissioner Gatto Yes _no Commissioner Scholl �✓ ✓ yes no 12 -Z- 400 Sunny Isles Boulevard STATE OF FLORIDA ) )ss: COUNTY OF MIAMI -DADE ) I, JANE A. HINES, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 12 -Z- 125 adopted by the City Commission at its meeting held on the 161h day of February 2012. Issued this (ate day of February, 2012. Jane A: Hines, CMC, City Clerk 12 -Z. 400 Sunny Isles Boulevard Preview Page 1 of 1 �r P S' Fy • FIOP�O S4i CST' z %VA AaV 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 MEMORANDUM The Honorable Mayor and City Commission Alan J. Cohen, City Manager 2/16/2012 Site Plan Application 400 Sunny Isles Boulevard Appl. No. Z2012 -01 RECOMMENDATION: The application is consistent with the City Comprehensive Plan and with the City Land Development Regulations. REASONS: The Applicant is requesting site plan approval for two (2) open boat racks at an existing marina. The marina currently has one (1) open, 3 -level boat rack. This rack was approved by building permit on October 5, 2011. The applicant is now requesting a second boat rack with two (2) levels. The City, at this time, now finds a site plan review necessary for this site. Prior to the installation of the first boat rack the City requested landscaping surrounding the use. As a result of this request the Applicant planted more than 60 palms and approximately 1000 plants to provide a hedge. ATTACHMENTS: • Development Review Report • Notice of Public Hearing http: / /sibagenda.sibfl. net /agendalPreview.aspx ?ItemlD =705 &MeetingID= O &MeetingDate =... 2/8/2012 Created: 1/13/12 CH Revised: 1/18/12 AD Revised: 1/30/12 CH Revised: 1130/12 HO I OF suN " I. Project Summary Application No.: City of Sunny Isles Beach Development Review Report SUNNY ISLES MARINA, LLC Z2012 -01 Application Summary: The Applicant is requesting site plan approval for two (2) open boat racks at an existing marina. The marina currently has one (1) open, 3 -level boat rack. This rack was approved by building permit on October 5, 2011. The applicant is now requesting a second boat rack with two (2) levels. Applicant /Owner: II. Site Information Site Area: Location Land Use: Zoning: Adincent Properties: A marina at this location has been in existence since the 1970's when PERA (formerly DERM) issued a Marine Facilities Permit to allow a maximum of 250 boat slips (wet and dry). The City, at this time, now finds a site plan review necessary for this site. Prior to the installation of the first boat rack the City requested landscaping surrounding the use. As a result of this request the Applicant planted more than 60 palms and approximately 1000 plants to provide a hedge. Sunny Isles Marina, LLC 400 Sunny Isles Boulevard Sunny Isles Beach, FL 33160 Phone: (305) 491-2129 2.68 acres 400 Sunny Isles Boulevard Mixed Use - Business Town Center District (TCD) SUNNY ISLES MARINA Z2012 -01 CH Existing Land Use Zoning Land Use Plan North Recreation Space ROS ROS East Mixed Use - Business TCD TCD South Intracoastal Waters N/A N/A West Mixed Use - Business TCD TCD SUNNY ISLES MARINA Z2012 -01 CH Created; 1/13/12 CH Revised: 1/18/12 AD Revised: 1/30/12 CH Revised: 1/30112 HO III. History The marina at 400 Sunny Isles Boulevard has been operating as a marina since the late 70's, and it continued operating as a Marina after the City's incorporation. In 2005, the intense winds of Hurricane Wilma destroyed the main marina structure which disrupted the marina's operations. In 2011, the marina was reopened by this applicant, reviving the isolated space that the marina left behind. IV. Applicant's Request The Applicant is requesting a site plan approval to allow two (2) open boat racks at the existing marina. Plans are on file and may be examined in the City Clerk's Office for Sunny Isles Marina, consisting of 1 page entitled "Urbis and Key International LLLP" by Miller Legg dated 4/25/06 and "Sunny Isles Marine (Phase II) by Mo Steel consisting of 2 pages and dated 11/16/11. Legal: Lots 24, 25 and Tracts B, C and D, of Second Revised Plat of Bella Vista Subdivision, according to the Plat thereof, as recorded in PB 50, Page 76, less a parcel taken by condemnation. Folio Number: 31- 2214 - 007 -0240. V. Staff Analysis The Applicant wishes to continue and expand an existing marina use. The Applicant is seeking to provide a service based on a pressing need in the community as a whole. Countywide there is currently deficiency in the number of boat slips. Although permitted by PERA to have a maximum of 250 boat slips (wet and dry), the Applicant is proposing a maximum total of 200 -210 dry slips. The existing open boat rack is 25' -0" height, whereas the second open boat rack will be limited to 20' -0" in height. Therefore, City staff has no objection to the Applicant's request. VI. Off - Street Parking and Loading Standards 27 regular parking spaces and three (3) handicapped spaces provided (one (1) space for each 10 dry- storage spaces required). VII. Art in Public Places (N /A) SUNNY ISLES MARINA Z2012 -01 CH Created: 1/13/12 CH Revised: 1/18/12 AD Revised: 1/30/12 CH Revised: 1/30/12 HO VII. Conditions In the event that the request is granted, the following conditions should apply: (1) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Community Development Director and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265 -18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. (2) That the Applicant complies with all conditions and permit requirements of the Miami -Dade County Department of Permitting, Environment and Regulatory Affairs (PERA), the Miami -Dade County Fire Department (MDFD) and North Miami Beach Utilities. (3) That the applicant obtains a Business Tax Receipt from the City upon compliance with all terms and conditions. The Business Tax Receipt shall be subject to cancellation upon violation of any conditions. (END) SUNNY ISLES MARINA Z2012 -01 CH 3 CITY OF SUNNY ISLES BEACH w . NOTICE OF ZONING HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Thursday, February 16, at 6:30 p.m., to consider the following Zoning application: Application: Sunny Isles Marina, LLC Location: 400 Sunny Isles Boulevard Public Hearing It: Z2012 -01 Summary: The Applicant is requesting site plan approval for two (2) open boat racks at an existing marina. The marina currently has one (1) open, 3 -level boat rack. This rack was approved by building permit on October 5, 2011. The Applicant is now requesting a second boat rack with two (2) levels. Requests: 1. Pursuant to Section 265 -18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for two (2) open boat racks at an existing marina. Plans are on file and may be examined in the City Clerk's Office for Sunny Isles Marina, consisting of 1 page entitled "Urbis and Key International LLLP" by Miller Legg dated 4/25/06 and "Sunny Isles Marine (Phase II) by Mo Steel consisting of 2 pages and dated 11/16/11. Legal: Lots 24, 25 and Tracts B, C and D, of Second Revised Plat of Bella Vista Subdivision, according to the Plat thereof, as recorded in PB 50, Page 76, less a parcel taken by condemnation. Size of Property: 2.68 acres Zone: Town Center District (TCD) All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. Any zoning hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at a public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the City Clerk at (305) 792 -1703. Please refer to the hearing number when making an inquiry. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305- 792 -1701, no later than 48 hours prior to the proceeding; if hearing impaired, please telephone the TDD line at 305- 792 -1590 for assistance. Letter of Intent 1jl�1iZ This letter of intent is brought forth before the City of Sunny Isles Beach FL, for the purpose of requesting (1) additional boat rack system to be installed near the west end of the marina property located at 400 Sunny Isles Blvd, Sunny Isles Beach, FL 33160. This additional rack system has a proposed maximum height of 20 ft., and placed approximately 60 ft. east of the existing 25 ft. rack system. This rack system has been engineered with the utmost concern for public safety. Not only has the rack been designed to the latest Dade County requirements, but also to well exceed load requirements at the marina. Additionally, at the request of the city, a third party engineer has performed a study on the base foundation for the rack system, the engineer has submitted the requested "special inspector" documents, and the marina has submitted the requested hold harmless agreements. At the request of the city, this additional vertical rack system has been designed and engineered to provide for minimal visual impact to traffic while crossing the causeway into Sunny Isles Beach. Landscaping has been installed at the request of the city prior to the installation of the rack systems. This includes 60 or more palm trees and approximately 1000 plants providing a live hedge surrounding the property. The ultimate goal of the marina is to provide a clean, sleek, organized look, while providing a needed service and amenity for the marina clients (majority of which live within eye sight of the marina) as well as the rest of the residents of Sunny Isles Beach and surrounding communities. >�. [PLANNING & ZCIdIIVG DEPT. yf'ns >w O Sye OF SUN P 2. PUBLIC HEARING APPLICATION Hearing #. Date Rea Folio Nut I 7m\ Proposed Project Name: S ✓Yl�t� �3 ha, r, .S 3+Ct'-\ Name of Applicant LJ r i 5 ti �� D'r I LLL j' I S vh 1� T� %w,h �i C a. If applicant is the owner, give name exactly as recorded on deed. b. If applicant is lessee, attach copy of valid lease of one (1) year or more and Property Owners Sworn -to- Consent. C. If applicant is a corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest form must be completed. 3. Applicant MailingAddress� �QO S,4112�„ -C�sk3 Tel. # (during working hours) 30 5- 4. Name of Property Owner UV-1 ' S Mailing Address six 6t', ckL 1 1'✓� City lM, I C� A,% I State 7z Tel. # (during working hours) 3 ��� 3 77 `103 5. Contact Person Al " ke" M.—,v Mailina Adrtrrcc 2-A3 .I L4, P1, Ll Z( [1,) i City A L /hN -, ot-gc k State t :. — Tel. # (during working hours) 3 a�;-- 'J4 / - y /Z Other 4. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. if subdivided, provide lot, block, complete name of subdivision, plat book and page number. b. if metes and bounds description, provide complete legal description (including section, township and range). c. if separate request apply to different areas, provide the legal description of each area covered by a separate request. d.attach a separate, typed sheet if necessary. Verify the legal description is correct. 5. Address or location of subject property: _`f [) J7 (-t P IUL 22� S 6. Size of property: 7 �� 7 ft. x' --- ft. acres City of Sunny Isles Beach Community Development Department Date subject property acquired or eased / day of $A - " \ 1. °%/Y'!" rm of lease 3 years /months. 8. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If lengthy, please type on a sheet labeled "Contiguous Property ". QJ `7 9. Is there an option to purchase or lease the subject property or property contiguous thereto? Yes or No If yes, who are the po purchasers or lessees? (Complete section of Disclosure of Interest form also). 10. Present zoning classification 11. REQUEST (S) COVERED UNDER THIS APPLICATION: J- ; S'L* Please check the appropriate box and give a brief description of the nature of the request in the space provided: • Comprehensive Plan Amendment • District Boundary Change (s) Site Plan Approval ❑ Conditional Use • Variance • Plat Approval • Transfer Development Rights • Vested Rights • Appeals F Other: ft 12. Has a public hearing been held on this property within the last year and a half? o yes Pilo If yes, applicants Date of hearing_ Nature of hearing Decision of hearing_ Resolution # City of Sunny Isles Beach Community Development Department 13. Is this hearing being requested as a result of violation notice? ❑ yes YJ10 If yes, give name to which violation notice was served Nature of 14. Are there any existing structiFes on the property? YJ yes ❑ no If yes, briefly describe d �(1YCV r�S' d re, 15. Is there any existing use on the property? A yes ❑ no If yes, what is the use and when was it established? Use Y '�' W0'5 City of Sunny Isles Beach Community Development Department DISCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and principal officers or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). Corporation Name Name. Address and Office Percentage of Stock If the property which is the subject of the application is owned or leased by a LIMITED LIABILITY COMPANY list the members or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). LLC Name Name, Address and Office Percentage of Stock (a) City of Sunny Isles Beach Community Development Department NAME, ADDRESS AND OFFICE if applicable) Percentage of Interest Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. .......................................................................................... ............................... The above is a full disclosure of all parties of interest in t application to the best of my knowledge and belief. A Sworn to and pbscribedb ore me, 1 This r day o>1/ ) -,20/,2 H. BARBARA ZEE" Notary Public, State of Flmid6 at Large # , My COMMISSION #DO844054 EXPIRES: February 15, 2013 /'�_J J ��7F0lROP\�P Bade071wBudgefNMeryBervkec My Commission Expires: d4)` / 6 113 * Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. City of Sunny Isles Beach Community Development Department PROPERTY OWNER'S SWORN -TO- CONSENT PERMITTING TENANT TO FILE FOR HEARING On behalf of ( d ) - 6 � \ " —Property Owner of the property legally described beI w and w ich is the " e�s�ubject property of the proposed hearing, does hereby grant consent to Sly wy 1 as Tenant to file this application for a public hearing. Legal Description: n 's Signature r L /A') me if Commission Expires: 201Z- [s identification. Notary ( tamp/Seal) Ii BARBARAgEMAN a * MYCOMMISSIONODDWSq EXPIRES: February 15, 2013 �''�orv�7+`O� aaNOOTku&gpMNgary BeNm City of Sunny Isles Beach Community Development Department 61 C rvVl i OWNER OR TENANT AFFIDAVIT FOR INDIVIDUAL STATE OF 14 COUNTY OF 9? 1 Public Hearing No. Before me, the undersigned authority, personally appeared hereinafter the Affiant, who being duly sworn by me, on oath, deposes and says: 1. Affiant is the fee owner or tenant of the property, which is the subject of the iproposed phearing, 2. The subj ct property Ts legally described as: ``d � � ' tS IV tl 3. Affiant understands that the matters attached to and made part of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before the application can be submitted and the hearing advertized. 4. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. Witnesses: Sigdature Print N ne Si t re P' N Affiant's Signature Print Na e rr ame /l Sworn to and subscribed before me on the day f 20 Affiant is personally known to me or has produced (� - 5 u' �id nti� cation. ;` ". "•Y• "�� N. BARMAIAZEEMAN * MY COMMISSION# 00 844VA ^Q,/ s EXPIRES: February 15, 2013 iUf ��FOr FIOP� Bonded Thru Budget Notary' Serdoe5 Notary (Scam eal) Commission Expires:Od_A _1_3 City of Sunny Isles Beach Community Development Department OWNERSHIP AFFIDAVIT FOR LIMITED LIABILITY COMPANY STATE OF �k Public Hearing COUNTY OF d 'C Before me, the undersigned authority, personally appeared , hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the manager, or managing member of the .5 ✓hh 4 adde.r rte_ i -7 Limited Liability Compa Ty with the following address: 2. The Limited Liability Company owns or lease (circle one) the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: 'qel 4. Affiant is legally authorized to file this application for public hearing: 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. 6. Affiant understands that the matters attached to and made part of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before the application can be submitted and the hearing advertized. Witnesses: SignaV,e/ �/1'lr L% /�111 S Print lame Sworn to and subscribed before me on the 6—day Affiant is personally known to me or has produced _ Identification. Commission Expires: dd'15-/J Affiant's Signature LNL. p Print Narbe 20/,7— Notary (Stamp /Seal) U R DREAM ZEEMAN MY COMMISSION A DD 544054 ' * EXPIRES: Fabruarpl5,2013. ��lFOift�PAP BpA4A4 Thru BUdpel NOraryBMlOBi. City of Sunny Isles Beach Development Department b Public Hearing No: RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that I am aware of the preliminary review of plans of the proposed project by the Department of Environmental Protection (DEP), and/or the Department of Environmental Resources Management (DERM), the Florida Department of Transportation (FDOT). In addition, the Miami -Dade County Fire Department (MDFD) for the staging area of the proposed project along with the Miami -Dade County Biscayne Bay Shoreline Development Review Committee will review and comment for approval all development applications. These comments sometimes include requirements for an additional public hearing before (DERM) and the Environmental Quality Control Board, (EQCB) in the preparation and execution of agreements to run with the land, which are recorded, prior to obtaining a building permit. I understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT requirements or to advise this office in writing if the application will not go forward and may be considered withdrawn. Contact with the above - mentioned agencies is advised during the hearing process. Permit requirements: I also understand that the Florida Building Code, DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT may contain requirements that affect my ability to obtain a required building permit for my project, even if the zoning application is approved at public hearing. I am aware that a Building Permit is required for all construction and that I am responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for any and all structures and additions whether proposed or existing without permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property. Fees: I understand that the hearing fees paid at the time of filing may of be the total cost of the hearing and that I will be advised of any other fees that can be assoc' � d 'th the publl''c hearing application. �� ,, ,,� Print Namd Notary: Sworn to and subscribed b fore me this — day of '_ V " , Notary Public -State of Florida d °try ... .4F K SARWA zEEm11\ My EXPIRES: ry15,2013 ERFIAE5: February 15,YD13 My commission expires e °r NAnd6d i�NBWplt Ndery &eMCa9 City of Sunny Isles Beach Community Development Department Urbis Key International, LLLP 848 Brickell Avenue Suite #700 Miami Florida 33131 305 -377 -1001 TEMPORARY LIMITED POWER OF ATTORNEY January 17, 2012 City of Sunny Isles Beach Re: 400 Sunny Isles Beach Sunny Isles Florida To Whom It May Concern: We authorized Sunny Isles Marina our tenants to pull the necessary permits related the boat rack system. If you need any further information please feel to contact us. 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