Reso 99-119 - Laserfiche WebLink

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Memo To: The City Commission From: Jorge L. Vera, Zoning and Code Administrator Subject: Request for Zoning Moratorium waiver Williams Island Ocean Club & Resort Date: January 21, 1999 RECOMMENDATION Staff recommends that the City Commission grant the requested waiver of moratorium for the modification of condition and deny the request for temporary certificate of occupancy. REASONS After reviewing the above referenced request, staff has concluded that the grant of a waiver, which would permit the consideration of a zoning approval for a modification of a previously approved condition is appropriate. Said use would not contravene the purpose of the moratorium ordinance and will not materially reduce the existing capacity of public services. There is virtually no possibility of a comprehensive plan objective or policy which would seek to change the character of a long established commercial use. The use originally granted to the applicant was a "Beach club in conjunction with an existing hotel". It is important to recognize that a hotel use is classified by the South Florida Building Code as Group "H" occupancy. A beach club on the other hand is classified as a Group "A or B" occupancy. While the hotel exists and operates, the beach club can be incidental to the hotel without requiring a reclassification of the building. However, the operation of the beach club without the hotel as the main use, would necessitate reclassifying the entire occupancy to Group "A or B ". Any changes in occupancy group would mandate that the entire building be brought up to code standards for Group "A or B" occupancy. It is not within the purview of the City Commission to grant variances from the building code, even on a temporary basis. Therefore, the commission should approve the request for a waiver of the moratorium to permit the applicant to request a modification of a previously approved condition. The commission should reject directing the building official to grant a temporary certificate of occupancy in contravention of the law. This is not a recommendation regarding the substance of any zoning request, but merely a recommendation that the Commission grant a waiver of the moratorium in this specific instance so that the applicant's zoning request may be considered by the City at a later date. P— ni-etfillly submltte' , t , Zoning and Code Administrator