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WHEREAS, on September 19, 2024, the City Commission conducted a public hearing on <br />the 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 Plan <br />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 requesting a variance from the height requirements <br />of Section §265-31 to increase the maximum building height from thirty-five feet (35') to <br />thirty-eight feet and eleven and seven -eighth- inches (38'-117/8"), is consistent with the <br />City's Comprehensive Plan and generally consistent with the City's Land Development <br />Regulations. <br />Section 3. Approval. The Applicant's request for approval of a variance to increase <br />the maximum building height from thirty-five feet (35') to thirty-eight feet and eleven and seven -eighth <br />inches (38'-117/8"), is hereby APPROVED, subject to the following conditions: <br />A. That the plans in the approval be substantially in accordance with that submitted for <br />public hearing, the plans are entitled "The Shamaev Residence," by Jorge L. Esteban, <br />stamped received September 3, 2024, consisting of thirteen (13) sheets, including a <br />survey prepared by Royal Point Land Surveyors, Inc., stamped received August 29, 2024. <br />Plans are subject to revisions -based comments provided by staff of the City of Sunny Isles <br />Beach. Plans are subject to modification. <br />B. 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 />2 <br />58 <br />