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<br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: <br /> <br />1. The request for a Non-Use Variance of parking requirements to permit 81 parking spaces <br />where 98 spaces are required, and to permit a two-way driveway width of 19ft where 22 ft is <br />required, is hereby approved, subject to the following conditions: <br /> <br />a. That a site plan be submitted to and meet with the approval ofthe Building Official <br />upon the submittal of an application for a building permit; said plans to include <br />among other things but not limited thereto, location of structure or structures, types, <br />sizes and location of signs, light standards, off street parking areas, exits and <br />entrances, drainage, walls, etc. <br /> <br />b. That in the approval of the plan, the same be substantially in accordance with that <br />submitted for hearing entitled, "Desert Inn Beach & Tennis Club Hotel <br />Condominium", prepared by Adolfo J, Fernandez dated revised 8-10-98. <br /> <br />c. That the use be established and maintained in accordance with the approved plans. <br /> <br />d. That the Applicant complies with all conditions and requirements ofthe Department <br />of Environmental Resources Management (DERM), the Fire Department. <br /> <br />e. That the Applicant submit to the Building Official for its review and approval a <br />landscaping plan which indicates the type and size of plant material prior to the <br />issuance of a building permit and to be installed prior to the issuance of a Certificate <br />of Use and Occupancy. <br /> <br />f. That the Applicant proffers a Declaration of Restrictions acceptable to the Building <br />Official providing a permanent beach access and granting access to their property in <br />emergency cases. <br /> <br />g. That the entire cost of the relocation of the existing easement be borne by the <br />Applicant. <br /> <br />h. That the Applicant submits plans for the relocation which are acceptable to the <br />Building Official, including plans for the provision of any necessary improvements to <br />create an accessible path from the Collins Avenue public right-of-way to the public <br />beach. The accessible path shall meet the minimum requirements ofFS 553 and the <br />plans shall include necessary paving, fencing, landscaping and lighting provisions. <br /> <br />1. The Applicant shall be required by recorded covenant to maintain the easement in <br />perpetuity as a public right-of-way. <br />