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<br />1. The Applicant's request for approval of its site plan for the Project known as "Oceanika" <br />is hereby granted and the site plan is hereby approved, subject to all of the conditions provided <br />herein, including but not limited to those conditions set forth in Section IV of this Resolution. <br />The failure to performance of any of these conditions shall be deemed a denial of this <br />Application. <br /> <br />2. The Applicant's request to release the Declaration of Restrictions recorded on Official <br />Record Book (ORB) 3049 Page 139 dated August 11, 1948, only as it applies to the subject <br />property is hereby granted. <br /> <br />3. The Applicant's request to release the Agreement recorded on ORB 3356 Page 449 dated <br />November 3, 1950, only as it applies to subject property is hereby granted. <br /> <br />4. The Applicant's request to release the Declaration of Restrictions recorded on ORB 3972 <br />Page 328 dated August 30, 1954, only as it applies to the subject property is hereby granted. <br /> <br />5. The Applicant's request to release the West 10' of a vacated alley approved by the City <br />of Sunny Isles Beach, City Commission under Resolution No. 2003-511 passed and adopted on <br />February 20, 2003 is hereby granted. <br /> <br />IV. CONDITIONS <br /> <br />Conditions to be completed before 2;rade or buildin2; permits are issued. <br /> <br />A. Conditions to be completed before below grade or building permits, including <br />foundation permits, are issued or construction of any nature is commenced. <br /> <br />(1) Upon the submittal of an application for building permit, the plans submitted shall meet <br />with the approval of the Planning and Zoning Administrator and be consistent with the <br />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 Section 265-18 of the City Code; the <br />Applicant shall be required to obtain another approval of the City Commission. <br /> <br />(2) That the project shall be developed substantially in accordance with the plans submitted for <br />the November 15, 2007, public hearing. Plans are on file and may be examined in the <br />Planning and Zoning Department for "Oceanic Development, LLC." entitled "Boundary <br />Survey" prepared by Fortin, Leavy, Skiles, Inc. dated 02-05-07, consisting of 2 sheets and <br />plans entitled "Oceanika" prepared by Charles O. Buckalew, P.E. consisting of 21 sheets <br />stamped revised 10-09-07, including Cover Sheet and plans entitled "Site Plan SP-1" <br />"Detailed Site Plan SP-2" "Details 0-1" "Photometric Plan PH-I" "Floor Plans A-1.0" <br />"Floor Plans A-l.1" "Floor Plans A-1.2" "Floor Plans A-1.3" "Roof Plan A-1A" "Exterior <br />Elevations A-2.0" "Cover Sheet C-O" "Paving, Grading & Drainage C-1" "Paving, <br />Grading & Drainage C-2" "General Notes & Details C-3" "Water Plan C-4" "Water Plan <br />C-5" "Water General Notes & Details C-6" "Sewer Plan C-7" "Sewer Plan C-8" "Sewer <br />General Notes & Details C-9" and plans entitled "Planting Plan L-l" "Existing Tree Plan <br /> <br />22007-01 (a) Oceanika EDC <br /> <br />3 <br />