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is consistent with the City's Comprehensive Plan and generally consistent with the City's <br /> Land Development Regulations. <br /> Section 3. Approval. The Applicant's request for approval of the following four (4) <br /> 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 /> is hereby APPROVED, subject to the following conditions: <br /> 1. That the plans in the approval be substantially in accordance with that submitted for public <br /> hearing, which are entitled"Pinchuk Residence-New House", by Bruce& Bruce, stamped <br /> received March 23rd, 2021 and March 29th, 2021 consisting of 19 sheets, including survey <br /> prepared by Landtec Surveying, stamped received March 23rd, 2021. Plans are subject to <br /> revisions-based comments provided by staff of the City of Sunny Isles Beach. Plans are <br /> subject to modification. <br /> 2. Upon the submittal of an application for a building permit, the plans submitted shall be <br /> approved by the Development Services Department and be consistent with the specific plan <br /> approved by the City Commission. Plans shall include all the required elements of the site <br /> plan pursuant to the City's Land Development Regulations and recommendations. Should <br /> compliance with recommendations result in a change that would not be considered"minor" <br /> in accordance with Section 265-18 of the City Code; the Applicants shall be required to <br /> obtain another approval of the City Commission. <br /> 3. That the approved plan shall remain valid for a period of 24-months from the date of the <br /> site plan modification approval. If no building permit is issued within the 24-month time <br /> period, the site plan shall be considered null and void and of no force and effect. <br /> 4. That the Applicants comply with all City Ordinances, County, State and Federal Laws and <br /> Regulations applicable to development and permit approvals. <br /> Section 4. Authorization of City Manager. The City Manager is hereby authorized to <br /> do all things necessary to effectuate this Resolution. <br /> Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion <br /> of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent <br /> 3 <br />