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(4'-10") to not exceed thirty-nine feet and ten inches (39'-10"), where the required height <br /> is thirty-five (35') feet and measured from the crown of the road. <br /> LEGAL: ATLANTIC ISLAND PB 34-17 LOT 79 & LOT 80 & PROPR INT IN PT <br /> LOT 96 PB 5-35 PER DB 3887-597 LOT SIZE SITE VALUE OR 19218- <br /> 1501 07 2000 1 F/A/U 30-2214-003-0580 COC 23697-4918 07 2005 1 <br /> ADDRESS: 318 Atlantic Avenue, Sunny Isles Beach, Fl 33160 <br /> WHEREAS, the public hearing of the City Commission was advertised and held as <br /> required by law, all interested parties concerned in the matter were heard, and due and proper <br /> consideration was given to the matter and to the information contained in the City's Development <br /> Services Department Development Review Report; and <br /> WHEREAS, notice was provided to all interested parties regarding the Application; and <br /> WHEREAS, on April 15, 2021, the City Commission conducted a public hearing on the <br /> Application; and <br /> WHEREAS, the City Commission reviewed the Application, the written and oral <br /> recommendations of the Development Services Department and finds that the Application meets <br /> the criteria for variance under the Land Development Regulations and the Comprehensive Master <br /> Plan of the City. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby <br /> ratified and confirmed as being true and the same are hereby made part of this Resolution. <br /> Section 2. Findings and Conclusions. Based upon an analysis of the application and <br /> the standards for approval for a variance under the Land Development Regulations and the <br /> Comprehensive Master Plan of the City, the City Commission makes the following findings and <br /> conclusions: <br /> The application for variance approval seeking the following four (4) variances: <br /> (1) a side setback variance of five feet (5') where seven and one half feet (7.5') is <br /> required on the east side of the property, <br /> (2) a side setback variance of five feet (5') where seven and one half feet (7.5') is <br /> required on the west side of the property, <br /> (3) a pool side setback variance to seven and one half feet (7.5') where nine and <br /> one half feet (9.5') is required, and <br /> (4) a height variance for the elevator shaft and roof trellises not exceed thirty-nine <br /> feet and ten inches (39'-10") measured from the crown of the road where thirty- <br /> five feet (35') is allowed, <br />