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<br />RESOLUTION NO, 2006- J(,)I2. <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA; PROVIDING FOR A <br />CONDITIONAL APPROVAL OF A REQUEST FOR WAIVER OF <br />THE CONSTRUCTION NOISE LIMITTATIONS SUBMITTED BY <br />TRUMP DEZER DEVELOPMENT TO ALLOW EXTENDED <br />CONSTRUCTION HOURS NOT TO EXCEED A FREQUENCY OF <br />TWO TIMES PER WEEK FOR A PERIOD OF SIX MONTHS; <br />PROVIDING THE CITY MANAGER AND THE CITY <br />ATTORNEY WITH AUTHORITY TO DO ALL THINGS <br />NECESSARY TO EFFECTUATE THIS RESOLUTION; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, Section 193-3 of the City Code prohibits construction activities outside of <br />the permitted hours in order to limit excessive construction noise that interferes with the <br />comfortable enjoyment of life, property, recreation or conduct of business in the City; and <br /> <br />WHEREAS, Section 193-6 of the City Code provides that the limitations on construction <br />noise may be waived where exceptional circumstances exist, subject to certain conditions deem <br />necessary to protect the public health, safety and welfare; and <br /> <br />WHEREAS, the Trump Dezer Development has requested a waiver of the construction <br />noise limitations for the Trump Royal construction site located at 18201 Collins Avenue to work <br />from the hours of 6:00 a.m, to 8:00 pm Monday through Saturday, not to exceed a frequency of <br />two (2) times per week (a total of 52 occasions) for a period of six (6) months from the date of <br />the waiver approval; and <br /> <br />WHEREAS, the conditions set forth in Chapter 193 of the City Code are incorporated <br />herein by reference; and <br /> <br />WHEREAS, the City Commission has considered the waiver request submitted by the <br />Trump Dezer Development and the recommendation of the City Manager. <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 1. Incorporation of Recitals. The foregoing "Whereas" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part of this Resolution <br />hereof, <br /> <br />Section 2. Approval of Conditional Waiver. The City Commission hereby grants a <br />conditional approval of the Noise Ordinance to the Trump Dezer Development, subject to the <br />following conditions: <br /> <br />Conditional Noise Waiver <br />