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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 <br />Development Services Department Development Staff Report; and <br />WHEREAS, notice was provided to all interested parties regarding the Application; and <br />WHEREAS, on January 18, 2024, 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, in <br />limited part, meets the criteria for variance under the Land Development Regulations and the <br />Comprehensive Plan of the City. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />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 Plan of the City, the City Commission makes the following findings and <br />conclusions: <br />The application for a variance approval seeking an increase in the maximum gazebo size <br />from one hundred and fifty square feet (150 sq. ft.) to two hundred and seventy-eight <br />square feet (278 sq. ft.) is not consistent with the City's Comprehensive Plan and not <br />generally consistent with the City's Land Development Regulations. <br />The application for a variance approval seeking a reduction in the gazebo setback from six <br />feet (6') to zero feet (0') from the side and rear lot lines is not consistent with the City's <br />Comprehensive Plan and not generally consistent with the City's Land Development <br />Regulations. <br />The application for a variance approval seeking a decrease of the minimum landscaping and <br />green area requirement from twenty-five percent (25%) to fourteen and sixteen <br />hundredths percent (14.16%) of the total lot area is consistent with the City's <br />Comprehensive Plan and generally consistent with the City's Land Development <br />Regulations. <br />2 <br />