Resolution Zoning 01-Z- 63 - Laserfiche WebLink

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WHEREAS, on September 13, 2001, the City Commission conducted a public hearing on the application submitted by Applicant which hearing was continued on November 15, 2001; and WHEREAS, on November 15, 2001, the Applicant submitted revised plans prior to the continued hearing to address concerns raised at the Commission Meeting on September 13,2001, which revised plans were reviewed by the Zoning and Planning Director; and WHEREAS, the Applicant requested a withdrawal of the variance requests, Numbers 3, 4 and 5; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and to the positive recommendation of the Zoning Director; and WHEREAS, the City Commission has reviewed the application, and finds substantial competent evidence to support a showing by the applicant that the non-use variances maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and that the non-use variances will be otherwise compatible with the surrounding land uses and would not be detrimental to the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. APPROVALS. The applicant's requests for non-use variances are hereby approved subject to the following modifications and conditions; a. Request No. 1, Non Use Variance of Landscaping Regulations to permit the existing commercial development with 15.51 % oflandscaping. b. Request No.2, Non Use Variance of Parking requirements to permit 28 parking spaces. c. Request Nos. 3, 4 and 5 were withdrawn from consideration by Applicant. d. Request No.6, Non Use Variance of Zoning Regulations requiring a 5-foot high masonry wall on the side (north) and rear (west) property lines where it abuts an RU district; to waive same to omit the required wall is hereby denied. Applicant is hereby instructed to apply for a building permit to construct the wall, with construction to be completed within 180 days from the date of approval of this resolution. Resolution No. OI.Z-63; Plaza Isles. LLC Ch Legislation/Resolutions/ Attorney 2