Resolution Zoning 13-Z-137 - Laserfiche WebLink

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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 major modification approval, except for the rejection of Applicant's requests for two setback variances for the residential towers in Phase II, 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 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 COYIrVIISSION 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 site plan modification under the Land Development Regulations, the City Commission makes the following findings and conclusions: A. The site plan modification application and the request for height variance, to permit an average building height of 212.16 feet, where 200 feet, is required, and requested variance to permit a building height adjacent to Collins Avenue (Phase III) to be 152 feet. where 140 feet is permitted, is consistent with the requirements for a variance under Land Development Regulations. B. The City Commission finds that Applicant's request for: (1) variance for the condominium towers in Phase II to permit a pedestal front setback to be 0' -0 ", where a minimum of 15' -0" is required, and (2) requested variance to permit a pedestal to tower front setback to be 1T -7 ", where a minimum of 25' -0" is required, to be inconsistent with the requirements for a variance under the Land Development Regulations. IV. APPROVAL AND DISAPPROVAL A. The Applicant's request for approval of a major site plan modification for the Project known as "St Tropez on the Bay" or `Parque Towers" is hereby granted except for Applicant's requested two setback variances for the residential towers in Phase II. This approval is subject to the conditions in Section V below. B. The Applicant's request for setback variances for the residential towers in Phase II is hereby denied. 13 -Z -h51 St. Tmpez m the Bay: Phases II and Ill 3