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1. That the plans in the approval be substantially in accordance with that submitted for <br />public hearing, the plans are entitled "Gabay Residence," by Toma Design Group Inc., <br />stamped received April 9, 2025 consisting of twelve (12) sheets, including a survey <br />prepared by Benigni J. Suarez, PSM, stamped received December 12, 2024. Plans are <br />subject to revisions -based comments provided by staff of the City of Sunny Isles Beach. <br />Plans are 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 <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 Applicant complies 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 a variance to reduce <br />minimum street side pool setback from seventeen feet (17') to four feet and eleven inches (4'- <br />11") is 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 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall <br />be and are hereby repealed. <br />Section 8. Effective Date. This Resolution shall become effective upon adoption. <br />PASSED and ADOPTED this ivnday of April, 2025. <br />n <br />