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<br />II. INCORPORATION OF RECITALS. <br /> <br />All Recitals are incorporated into the body of this Resolution as if same were fully set forth <br />herein. <br /> <br />III. APPROV ALS/DENIALS. <br /> <br />The application of Porto Belagio Partners LLC., is hereby resolved with modifications as <br />follows: <br /> <br />Approved: <br /> <br />Variance of Section 265-45<n(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 <br />side south property line (22 feet required). <br /> <br />IV. CONDITIONS <br /> <br />The approval and all conditions listed below are transferable to applicant's successor, buyers or <br />assignee and subject to the conditions set forth below being performed to the satisfaction of the <br />City. <br /> <br />Conditions to be comoleted before below S!rade or buildinS! oermits are issued. <br /> <br />1. Upon the submittal of an application for a building permit, the plans submitted shall meet <br />with the approval of the Planning and Zoning Administrator and shall be consistent with <br />the specific site plan approved by the City Commission. Plans shall include all the required <br />elements of the site plan pursuant to the City's Land Development Regulations and <br />recommendations. Should compliance with recommendations result in a change that would <br />not be considered "minor" in accordance with Ordinance 2003-167 adopted March 20, <br />2003, the Applicant shall be required to obtain another approval from the City <br />Commission. <br /> <br />2. That the approval of the plan be substantially in compliance with that submitted for "Porto <br />Bellagio", prepared by Witkin Design Group dated revised 05-26-04 consisting of 1 sheet.. Plans <br />may be modified at public hearing. <br /> <br />3. That a plan shall be submitted to the Zoning Director and Landscape Architect for their <br />review. Plans shall show the type and size of plant materials, which shall comply with the <br />landscape section of the Code prior to the issuance of a building permit. <br /> <br />Conditions to be comoleted before any Certificate of Occuoancv is issued. <br /> <br />1. That the applicant demonstrates that they are in compliance with all terms and conditions <br />under this approval. <br /> <br />2. Applicant shall pay all fees related to the review of the application described herein and <br />shall have paid all other fees due to the City. <br /> <br />04-Z-87 <br />Porto Bellagio LLC <br /> <br />2 <br />