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WHEREAS, the City Commission reviewed the Application, the written and oral <br />recommendations of the Planning and Zoning 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 ratified and <br />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 the <br />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 to reduce the north side <br />setback from 20 feet to 11 feet is consistent with the City's Comprehensive Plan and <br />generally consistent with the City's Land Development Regulations. <br />Section 3. Approval. The Applicant's request for approval of a variance to reduce the north <br />side setback from 20 feet to 11 feet is hereby APPROVED. <br />Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all <br />things necessary to effectuate this Resolution. <br />Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this <br />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 be and <br />are hereby repealed. <br />Section 7. Effective Date. This Resolution shall become effective upon adoption. <br />PASSED and ADOPTED this day of February 2026. <br />2 <br />455 <br />