1998-0917 Regular City Commission Meeting

Home Browse Search

The purpose of this request is to allow the applicant to submit new plans showing additional floors and units than previously approved. 2. Non Use Variance of setback requirements to permit proposed building setback 28.00' (40' required) from the side street (north & northwest) property line and setback 28.75' (40' required) interior side (south) property line. 3. Non Use Variance of setback requirements to permit proposed building setback 34.67' (42.46' required) from the rear (east) property line. Ex-parte disclosures 0 Protests 3 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name,hearing number, location,and request. *The City Clerk administered the oath to the witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all** of the evening's Zoning hearings. Public Speakers: Stanley Price, Esq.; Kobi Karp, AIA ; Jorge Vera, Zoning City Building Official Michael Berkman; Arnold Klein; Leib Kamishov [Clerk's note: Mr. Price submitted two documents into the record during the hearing.] Mr.Price asserted that an apartment/hotel was an appropriate and permitted use for the property. Commissioner Morrow expressed concern regarding possible future change in the nature of the use of the building. Vice Mayor Turetsky suggested including a covenant that the use will not change,and Mr.Price agreed. Commissioner Kauffman noted that the area density was already high, and did not have sidewalks. Mr. Price acknowledged that during the tourist season there would be some increase in vehicular traffic. Jorge Vera presented a favorable Zoning recommendation for approval. Mr.Berkman objected to the location, noting that the project was not on a major roadway, and was therefore not a permitted use. He also stated that the category "apartment/hotel" as a use, did not exist at the time that the Comprehensive Plan was created. Mayor Samson asked that for a minimum of seven years, there be a restriction to prevent the project from undergoing conversion into condominium use, and that they have a front desk, maid service, and concierge. Mr. Price agreed and suggested to have the City Attorney write the covenant. Commissioner Kauffman moved, and Mayor Samson seconded a motion to deny the request, since it did not meet the compatibility test. The motion failed by a roll call vote of 2-3 in favor. Vote: Commissioner Iglesias no Commissioner Kauffman ves Commissioner Morrow no Vice-Mayor Turetsky no Mayor Samson ves Commissioner Iglesias moved and Commissioner Morrow seconded a motion to approve the request with Zoning staff conditions, and a covenant that apartments will never be sold as condominiums, and that the parking requirements will stay at 77 spaces, and that no Summary Minutes of the September 17, 1998, City Commission Meeting - Page 3 of 12