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<br />WHEREAS, the public hearing of the City Commission was advet1ised and held as required <br />by law, all interested pm1ies concerned in the matter were heard, and due and proper consideration <br />was given to the matter and to the positive recommendation contained in the joint memorandum <br />from the Planning and Zoning Administrator and the Planning Consultant; and <br /> <br />WHEREAS, notice was provided to all interested pm1ies regarding the Application; and <br /> <br />WHEREAS, the City Commission reviewed the Application, the written and oral <br />recommendations of the Planning and Zoning Administrator and the Planning Consultant and all <br />outside consultants who rendered reports with respect to the Application, including the <br />recommended conditions, and the Commission heard a presentation and evidence presented by the <br />Applicant and statements by the public and found substantial competent evidence that the requests <br />for transfer of development rights, modification of the approved site plan and setback variance are <br />in compliance with the Land Development Regulations and the Comprehensive Master Plan of the <br />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, APPLICABLE TO APPLICANT, ITS <br />SUCCESSORS OR ASSIGNS, AS FOLLOWS: <br /> <br />II. INCORPORATION OF RECITALS. <br /> <br />All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. <br /> <br />III. APPROVALS. <br /> <br />A. The Applicant's request for the transfer of (17) units and zero (0) square feet of development <br />rights from the City's Transfer of Development Rights Bank is hereby approved. <br /> <br />B. The Applicant's request for modification of the site plan submitted for the Project known as <br />"St. Tropez on the Bay" and approved under Condition #2 of Resolution 05-Z-95 passed and <br />adopted by the City Commission on September 22nd, 2005 is hereby granted and the <br />modification is hereby approved, subject to all of the conditions provided in Section IV of <br />this Resolution and all other conditions approved under Resolution 05-Z-95. <br /> <br />C. The Applicant's request for approval of the variance submitted in conjunction for the project <br />known as "St. Tropez-Phase II" is hereby granted and said site plan is hereby approved, <br />subject and to all of the conditions provided in Section IV of this Resolution and all prior <br />conditions approved under Resolution 05-Z-95. <br /> <br />3 <br /> <br />St. Tropez II Reso. 2006 <br />