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<br />RESOLUTION NO. 05-Z---99- <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE <br />ZONING APPLICATION SUBMITTED BY MULLY SB L.L.c. <br />(THE "APPLICANT"), (Z2005-02) FOR A V ARlANCE FROM <br />SECTION 265-46(A)(4) OF THE CITY OF SUNNY ISLES BEACH <br />LAND DEVELOPMENT REGULATIONS TO ALLOW 100% OF <br />THE REQUIRED OFF-STREET PARKING SPACES TO BE <br />CONSTRUCTED AS TANDEM PARKING (20% TANDEM <br />PARKING PERMITTED);TRANSFER OF DEVELOPMENT <br />RIGHTS ("TDRs"), IN THE AMOUNT OF 2 DWELLING UNITS <br />AND 42,368 SQUARE FEET OF FLOOR AREA, PURSUANT TO <br />SECTION 265-23 OF THE CITY'S LAND DEVELOPMENT <br />REGULATIONS (LDR's), AND SITE PLAN APPROV AL, <br />PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT <br />THE DEVELOPMENT OF "DA VINCI", A TWENTY-SEVEN (27) <br />STORY CONDOMINIUM TOWER CONT AINING 69 <br />RESIDENTIAL UNITS, ON THE PROPERTY LOCATED AT 17141 <br />COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, SUBJECT <br />TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE <br />DATE. <br /> <br />I. RECIT ALS. <br /> <br />WHEREAS, on or about August 1, 2005, Mully SB. L.L.C., a foreign limited liability <br />company authorized to do business in Florida, (the "Applicant") submitted Application No. <br />Z2005-02 to the City of Sunny Isles Beach, Florida ("the Application"), requesting the <br />following: <br /> <br />1. A variance from Section 265-35(0) (8) of the City of Sunny Isles Beach Land <br />Development Regulations, (the "LOR's" or the "Code") waiving the requirement to <br />provide a Public Beach Access Easement linking Collins A venue to the oceanfront beach. <br /> <br />2. A variance from Section 265-46(A)(4) of the City of Sunny Isles Beach Land <br />Development Regulations, allowing 100% of the required off-street parking spaces to be <br />constructed as tandem parking (20% tandem parking permitted). <br /> <br />3. A transfer of 42,368 square feet of development rights and two (2) units, pursuant to <br />Section 265-23 of the Code of the City of Sunny Isles Beach, as follows: <br /> <br />An adjustment to be made for a decrease of 42.368 square feet and 25 units from the City <br />of Sunny Isles Beach's Transferable Development Rights Bank. <br /> <br />DaVinc Reso <br /> <br />lV) <br />