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<br />RESOLUTION NO. 2006-lQOL\ <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA; AFFIRMING THE CITY <br />STAFF DECISION TO REVOKE PERMIT NO. B0604339 ISSUED <br />TO KMR CONSTRUCTION COMPANY FOR THE <br />CONSTRUCTION OF A WALL IN FRONT OF THE <br />PORTERHOUSE RESTAURANT LOCATED AT 17004 COLLINS <br />A VENUE, SUNNY ISLES BEACH; AUTHORIZING THE CITY <br />MANAGER AND CITY ATTORNEY TO DO ALL THINGS <br />NECESSARY TO EFFECTUATE THIS RESOLUTION; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, on August 17, 2006 the City issued building permit No. B0604339 to <br />KMR Construction Co. Inc. for the construction of a decorative wall in front of the Porterhouse <br />Restaurant located at 17004 Collins A venue, Sunny Isles Beach, inside a shopping Plaza owned <br />and operated by R.K. Associates; and <br /> <br />WHEREAS, on August 31, 2006, the City's Building Official revoked Building Permit <br />No. B0604339 because the proposed wall is in violation of Section 26S-4SE( 4) of the City Code; <br />and <br /> <br />WHEREAS, pursuant to an appeal of the Building Official's decision from R.K. <br />Associates, the City Manager affirmed the Building Official's decision in a letter dated <br />SeptemberS, 2006; and <br /> <br />WHEREAS, R.K. Associates has appealed the City Manager's decision before the City <br />Commission; and <br /> <br />WHEREAS, the City Commission has considered the appeal and finds that the wall is <br />not permitted at the proposed location and wish to affirm the City Staff s decision to revoke <br />permit No. B0604339. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section I. City Staff Decision Affirmed. City Staff decision is hereby affirmed. Permit No. <br />B0604339 shall stand revoked, unless the City grants a yariance request to R.K. Associates. The <br />variance application shall be submitted to the City within 30 days from the adoption of this <br />Resolution. <br /> <br />Section 2. Authorization to City Manager and City Attorney. In the event R.K. Associates <br />timely submits a variance request for the construction of a decorative wall at the Porterhouse <br /> <br />-1- <br /> <br />U:\LEGlSTLATION\Draft Resolutions\2006\R2006-: : Affirming Decision to Revoke Permit No. <br />B0604339.doc <br />