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RESOLUTION NO. 23-Z- 6 R(5 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2023-08) <br />SUBMITTED BY MMJM II TRUST, JENNIFER CUIPA TRS, MICHAEL RICCARDI TRS, <br />AND DAVID DONOFRIO TRS, FOR THE PROJECT ENTITLED "MANSIONS AT <br />ACQUALINA" TO INCREASE THE FLOOR AREA RATIO (FAR) OF DWELLING UNIT <br />1801 BY 313 SQUARE FEET OF FAR, THROUGH THE CITY'S TRANSFER <br />DEVELOPMENT RIGHTS (TDR) PROGRAM, BY ENCLOSING A SECTION OF THE <br />DWELLING UNIT BALCONY, WHICH WILL INCREASE THE APPROVED OVERALL <br />SQUARE FOOTAGE OF FAR FOR MANSIONS AT ACQUALINA PROJECT FROM <br />434,699 SQUARE FEET OF FAR TO 435,012 SQUARE FEET OF FAR; PROVIDING THE <br />CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR <br />REPEALER; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, MMJM II Trust, Jennifer Cuipa TRS, Michael Riccardi TRS, and David Donofrio <br />TRS (the "Applicant") is seeking approval of a Site Plan Modification (PZ2023-08) to modify the <br />approved site plan for the Mansions at Acqualina project which was approved by the City of <br />Sunny Isles Beach ("City") pursuant to Resolution No. 11-Z-124 passed and adopted December <br />22, 2011, and later modified through Resolution No. 12-Z-127 passed and adopted March 15, <br />2012; and <br />WHEREAS, the overall Mansions at Acqualina project initially utilized 431,305 square feet <br />of Floor Area Ratio ("FAR"), and throughout the years, several independent unit owners <br />(Resolution No. 16-Z-159, Resolution No. 17-Z-164, Resolution No. 19-Z-170, Resolution No. 19- <br />Z-171, Resolution No. 21-Z-181, Resolution No. 21-Z-183, Resolution No. 22-Z-188, Resolution <br />No. 22-Z-190, and Resolution No. 22-Z-191) have obtained approval for balcony enclosures, <br />through the City's Transfer Development Rights ("TDR") program, increasing the overall FAR of <br />the project to 434,699 square feet of FAR; and <br />WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 1801 by 313 <br />square feet of FAR, through the City's TDR program, by enclosing a section of the dwelling unit's <br />balcony; and <br />WHEREAS, pursuant to the instant site plan modification, the Applicant is seeking to <br />purchase TDR's in the amount of 313 square feet of FAR and zero (0) dwelling units; and <br />WHEREAS, via Resolution 2023- 5-0(e, the City Commission approved the Applicant's <br />purchase of TDRs in the amount of 313 square feet of FAR and 0 dwelling units from the City's <br />public TDR bank, and further approved the assignment of solely the 313 square feet of FAR to <br />the property located at 17749 Collins Avenue, Unit 1801, in furtherance of the requested site <br />plan modification; and <br />