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<br />SUBJECT PROPERTY: A portion of the South one-half of Section 11, and the North one-half of <br />Section 14, Township 52 South, Range 42 East, Dade County, Florida, commencing at the Southeast <br />corner of Tract "A", Plaza ofthe Americas Section One, according to the plat thereof, as recorded in <br />Plat Book 106, at Page 66, Public Records of Dade County, Florida; thence North 02 degrees, 51 <br />minutes, 03 seconds East along the East line of Said Tract "A" for 74.48 feet, to the Point of <br />Beginning of a parcel of land hereinafter described; thence North 86 degrees, 20 minutes and 46 <br />seconds East along a line being 74.00 feet North of and parallel with the Easterly prolongation of the <br />South line of said Tract "A" for 162.13 feet; thence North 85 degrees, 12 minutes, 01 seconds East <br />for 151.53 feet, to a Point of Curvature ofa circular curve to the left, having for its elements a radius <br />of 135.81 feet and a central angle of 82 degrees, 20 minutes and 58 seconds; thence Easterly and <br />Northerly along the arc of said curve for an arc distance of 195.20 feet; thence South 85 degrees, 54 <br />minutes, and 46 seconds West for 129.95 feet; thence North 02 degrees, 51 minutes and 03 seconds <br />East for 65.79 feet; thence South 85 degrees, 54 minutes and 46 seconds West for 302.21 feet, to a <br />point on the East line of said Tract "A"; thence South 02 degrees, 51 minutes and 03 seconds West <br />along the East line of said Tract "A" for 186.73 feet to the Point of Beginning. Said lands lying and <br />being in Dade County, Florida, and Containing 1.58 acres, more or less. <br /> <br />ADDRESS: Northwest comer of Sunny Isles Beach Blvd and Collins Avenue. <br /> <br />WHEREAS, the public hearing ofthe City Commission was advertised and held as required <br />by law and all interested parties concerned in the matter were heard; and <br /> <br />WHEREAS, applicant withdrew request #2 for use variance, and upon due and proper <br />consideration having been given to the matter and to the positive recommendations of both the <br />Zoning and Code Administrator and the Building Official with respect to all requests; and <br /> <br />WHEREAS, the City Commission finds that based on substantial competent evidence <br />provided district boundary changes from BU-l and BUIA to BU-2 to permit a three-story parking <br />garage to be compatible with the area and its development and with respect to all other non-use <br />variances they would be in harmony with the general purpose and intent of the regulations with no <br />adverse impact upon the public interest; <br /> <br />NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: <br /> <br />1. The district boundary change to BU-2 to permit a three-story parking garage together with <br />specific non-use variance request for lot coverage of 84.8% for a rear setback from the west <br />property line of five feet, for a non-use variance permitting a zero foot northern interior side <br />setback and a ten foot nine inch southern side setback to permit open space of 14.9% and to <br />permit the special exception for site plan approval upon the following conditions: <br /> <br />a. <br /> <br />That prior to the issuance of a building permit, the applicant enter into an agreement <br />with the city which is acceptable to the building official and which ensures the <br />provision of adequate public parking for the purpose of improving public beach <br />access in compliance with the intent ofthe open space provisions ofthe CDMP and <br /> <br />Resolution 98-Z-1O <br /> <br />-2- <br />