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<br />RESOLUTION NO. 2009- -'3 9c..1 <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR A <br />CONDITIONAL APPROV AL OF A REQUEST FOR <br />CONSTRUCTION STAGING SUBMITTED BY DEZER HOTEL <br />MANAGEMENT L TD TO ALLOW CONSTRUCTION STAGING <br />NOT TO EXCEED A TOTAL OF 6 MONTHS TIME FRAME; <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, Ordinance 2008-304 of the City Code prohibits the use of vacant lots for <br />construction staging; and <br /> <br />WHEREAS, Ordinance 2008-304 of the City Code provides that the use of vacant lots <br />for construction staging limitations may be waived where exceptional circumstances exist, <br />subject to certain conditions deemed necessary to protect the public health, safety and welfare; <br />and <br /> <br />WHEREAS, Dezer Hotel Management L TO has requested a waiver of the staging in <br />vacant lots limitations for vacant lot sites located at: 18400 Collins Avenue, 18330 Atlantic <br />Boulevard, and vacant lot respectively to allow for construction staging at the vacant lots for a <br />period of six (6) months to allow the construction of Dezer Properties, and within the required <br />300' distance; and <br /> <br />WHEREAS, Dezer Hotel Management L TO in accordance with Ordinance 2008-304 of <br />the City Code, has agreed to provide the City of Sunny Isles Beach a mitigating fee as established <br />by the City Manager for the period of six (6) months and an additional mitigation fee if the <br />necessary time exceeds the original six (6) month period; and <br /> <br />WHEREAS, the conditions set forth in Ordinance 2008-304 of the City Code are <br />incorporated herein by reference; and <br /> <br />WHEREAS, the City Commission has considered the waiver request submitted by Dezer <br />Hotel Management L TO 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 />R2009- Dezer Properties Staging Request <br /> <br />Page 1 of'> <br />