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Summary Minutes:Regular City Commission Meeting May I5,2003 City of Sunny Isles Beach,Florida <br /> four. Vice Mayor Edelcup said that you can still meet FEMA requirements and still have <br /> side setbacks and beach accesses because that is what we promised the citizens of this <br /> City. Commissioner Kauffman asked if we can build today under the current Code and <br /> Mr. Schulman said yes but he said that economics plays a part in this,and that the bottom <br /> line is that unless you can yield an economic return on value, a developer and a private <br /> property owner has a right to make a profit otherwise they won't come to the City. If this <br /> regulation is not changed then it will result in taller garages. Something has to give,you <br /> push the garages back, the garage has to be there to meet the parking needs, now you <br /> pushed it back from the bulkhead, now we want side setbacks,and what it now does is go <br /> up. Mr. Cutcher stated that it is always safer to have a setback, it is always better to have <br /> an increase flow or increase hydraulic radius and therefore your resistance to flow and <br /> impact to both your structure and your adjacent structure is less. <br /> Bud Scholl suggested to stick with the Master Plan and do away with the VE Zone issue <br /> all together, and deal with the properties on a case-by-case basis. Vice Mayor Edelcup <br /> clarified that we have to repeal the section that is in there right now because it is incorrect <br /> and replace it with nothing, and Mr. Scholl agreed. <br /> City Attorney Dannheisser clarified that this is a Land Development Regulation,so it is a <br /> Zoning provision. The issue is whether they have to come before the Commission for a <br /> variance. The issue is not whether you will look at a site plan,because you will look at a <br /> site plan regardless, the issue is whether it is built as-of-right because of the Zoning <br /> regulation you pass tonight, or whether there will be variances involved. <br /> Commissioner Iglesias stated that it was not written the way he had proposed it because he <br /> specifically said on his proposal that you are either in the VE Zone or you're not. Vice <br /> Mayor Edelcup said that you can design a building that would have setbacks and still fit in <br /> the VE Zone depending on the size of that building. <br /> City Attorney Dannheisser clarified that the Commission is voting on the Ordinance as <br /> written and the only question she has is how many properties does this affect. <br /> Commissioner Iglesias stated that he is amending the Ordinance for 100-foot lots only. <br /> City Attorney Dannheisser further clarified that the way it is currently in the Code, it <br /> provides all lots in VE and only"that portion of the garage which is in the VE Zone can <br /> be without side setbacks, and the way it is amended it says if"any" portion of the garage <br /> is within the VE Zone then the entire garage structure is not restricted by setback or <br /> counted to FAR and it is further amended to only apply to 100-foot lots. Vice Mayor <br /> Edelcup said if we vote for this we will not have side setbacks on 100-foot lots, and <br /> Commissioner Goodman noted that it means you can build from lot line to lot line. <br /> Mayor Samson passed the gavel, Commissioner Iglesias moved and Mayor Samson <br /> seconded a motion to approve the proposal on first reading as amended for 100-foot <br /> lots only. The motion was approved by a roll call vote of 3-2 in favor(Vice Mayor <br /> 8 <br />