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Home My WebLink AboutZoning Resolution 18-Z-167 RESOLUTION NO. 18-Z- ( (01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SIDE SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 341 189T" STREET, SUNNY ISLES BEACH, FLORIDA; 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, 341 Golden Shores LLC, an owner of the single-family house (the "Applicant") is seeking approval of an east side setback variance for the main structure to be seven (7) feet and four (4) inches feet from the property line where seven (7) feet and six (6) inches is required and has submitted a variance application (Application No. PZ2018-06) to the City of Sunny Isles Beach, Florida requesting the following: 1. Pursuant to Sections 265-15 and 265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting an east side setback variance of seven (7) feet and four (4) inches feet from the property line where seven (7) feet and six (6) inches is required. Legal Description: GOLDEN SHORES OCEAN BLVD EST — SEC A PB 48-39 — LOT 28 BLK 9 — LOT SIZE 75.000 X 100 — F/A/U 30-2202-00- 0380- OR 10695-1369 0380 1 ADDRESS:. 341 189th Street, Sunny Isles Beach, FL 33160 FOLIO: 31-2202-007-0380 WHEREAS, on July 19, 2018, the City Commission conducted a public hearing on this variance 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 Planning and Zoning Department Review Report; and WHEREAS, notice was provided to all interested parties regarding the variance application; and WHEREAS, the City Commission reviewed the variance application, the written and oral recommendations of the Planning Zoning Director of the Planning and Zoning Department, 18-Z-(,(o1 Setback variance for 341 189th St 1 including the recommended conditions, and finds substantial competent evidence to support a showing by the Applicant that the request for a variance is in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintains the basic intent and purpose of the 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. FINDINGS AND CONCLUSIONS: Based on an analysis of the application and the standards for approval for a variance application under the Land Development Regulations,the City Commission makes the following findings and conclusions: A. The Applicant's request for a side setback variance for the main structure consistent with the Comprehensive Plan and Land Development Regulations of the City of Sunny Isles Beach. IV. APPROVAL A. The Applicant's request for an east side setback variance for the main structure to be seven (7) feet and four (4) inches feet from the property line where seven (7) feet and six (6) inches is required is hereby approved subject to all conditions set forth in Section V below. V. CONDITIONS Conditions to be completed before demolition, below grade or building permits are issued. If the City approves this application, the application will be subject to the following conditions set forth below: 1. That the plans in the approval be substantially in accordance with that submitted for public hearing,which are entitled"Sunny Isles Residence", RD Architects, stamped received June 25,2018 consisting of 31 sheets, including survey prepared by Level-Tech Surveyors, LLC stamped received December 06, 2017 and second survey prepared by Lannes and Garcia, 18-Z-4,1 Setback variance for 341 189t St 2 Inc. stamped received June 21, 2018. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 2. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Planning and Zoning Department and be consistent with the specific 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. 3. That the approved plan shall remain valid for a period of 24-months from the date of the site plan modification approval. If no building permit is issued within the 24-month time period, the site plan shall be considered null and void and of no force and effect. 4. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. IF APPPLICABLE, 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 DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH 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. VI. AUTHORIZATION OF CITY MANAGER The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. VII. 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 18-Z-i Setback variance for 341 189`h St 3 deemed a separate,distinct,and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. VIII. REPEALER All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. IX. EFFECTIVE DATE This Resolution shall become effective upon adoption. PASSED and ADOPTED this 19111. day of July, 2018. George . Scholl, Mayor . I a 0 ATT Ok tie wayipp., lir Mauricio I etanc 1 , CMC, City Clerk APPROVED AS TO FORM AND L , . A SUUI FICIENCY: riayig IN A I.ans •ttinot, City Attorney \� Moved by: `l 1 te CA 64- 6‘01-6400244-1 Second by: LOVNWMC&tOrn1EYL- 1\6L1ori VOTE: Mayor Scholl ,i yes no Vice Mayor Goldman }'es no Commissioner Aelion d yes no Commissioner Gatto dyes no Commissioner Svechin yes no 18-Z-(61 Setback variance for 341 18911' St 4 I STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) I, MAURICIO BETANCUR, 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. 18-Z- (0 adopted by the City Commission at its meeting held on the 19th day of July, 2018. Issued this 3143 day ofLJS1 ; 2018. 4110TMaurici Cetanc r, CMC, City Clerk 18-Z-Rol Setback variance for 341 189t St 5