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Section 3. Approval. The Applicant's request for approval of a decrease of the <br />minimum landscaping and green area requirement from twenty-five percent (25%) to fourteen <br />and sixteen hundredths percent (14.16%) of the total lot area, is hereby APPROVED, subject to <br />the following conditions: <br />That the plans in the approval be substantially in accordance with that submitted for <br />public hearing, the plans are "Boundary Survey," by MAQ Services, Inc. stamped received <br />December 27, 2023, consisting of two sheets. Plans are subject to revisions based on <br />comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to <br />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 <br />plan approved by the City Commission. Plans shall include all the required elements of <br />the site plan pursuant to the City's Land Development Regulations and recommendations. <br />Should compliance with recommendations result in a change that would not be <br />considered "minor" in accordance with Section 265-18 of the City Code; the Applicant <br />shall be required to 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. Denial. The Applicant's request for approval of an increase in the <br />maximum gazebo size from one hundred and fifty square feet (150 sq. ft.) to two hundred and <br />seventy-eight square feet (278 sq. ft.) and a reduction in the gazebo setback from six feet (6') to <br />zero feet (0') from the side and rear lot lines are hereby DENIED. <br />Section 5. Authorization of City Manager. The City Manager is hereby authorized to <br />do all things necessary to effectuate this Resolution. <br />Section 6. 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 />jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and <br />such holding shall not affect the validity of the remaining potions of this Resolution. <br />Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall <br />be and are hereby repealed. <br />Section 7. Effective Date. This Resolution shall become effective upon adoption. <br />3 <br />