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<br />RESOLUTION NO. 04-Z-87 <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING <br />APPLICATION SUBMITTED BY PORTO BELLAGIO PARTNERS LLC. <br />(Z2004-04) SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR <br />AN EFFECTIVE DATE. <br /> <br />I. RECITALS. <br /> <br />WHEREAS, Porto Belagio Partners LLC submitted an application to the City of Sunny <br />Isles Beach, Florida requesting the following: <br /> <br />1. Variance of Section 265-45(D(c)(1) of the Code of the City of Sunny Isles Beach to <br />permit a proposed pool for a condominium building to setback 11.5 feet from the interior side <br />south property line (22 feet required). <br /> <br />LEGAL DESCRIPTION: Tracts C ofRK Marina Apartments PB 157 Pg 70 <br /> <br />LOCATION: 17125-17145 North Bay Rd.; <br /> <br />And, <br /> <br />WHEREAS, on July 8, 2004, the City Commission conducted a public hearing on the <br />application submitted by Applicant; and <br /> <br />WHEREAS, the public hearing of the City Commission was advertised and held as <br />required by law and all interested parties concerned in the matter were heard, and upon due and <br />proper consideration given to the matter and to the positive recommendation of the joint <br />memorandum from the Planning and Zoning Administrator and Planning Consultant; and <br /> <br />WHEREAS, notice has been provided to all interested parties and a neighboring <br />jurisdiction regarding the application; and <br /> <br />WHEREAS, the City Commission has reviewed the application, and finds substantial <br />competent evidence to support a showing by the Applicant that the request for conditional use is <br />in compliance with the Land Development Regulations and the Comprehensive Master Plan of <br />the City and maintain the basic intent and purpose of the zoning, subdivision or other land use <br />regulations, which is to protect the general welfare of the public, particularly as it affects the <br />stability and appearance of the community. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />04-Z-87 <br />Porto Bellagio LLC <br /> <br />1 <br />