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B. The Applicant's request for a rear setback variance for Gazebo #2 to be zero feet from the <br /> rear property line where six feet is required is hereby approved subject to all conditions set <br /> forth in Section V below. <br /> V. CONDITIONS <br /> Conditions to be completed before demolition, below grade or building permits are <br /> issued. <br /> 1. That the plans in the approval be substantially in accordance with that submitted for public <br /> hearing, which are entitled "Gorokhovsky Residence", prepared by Trio Design <br /> Consultants, LLC. stamped received October 20, 2016 consisting of 5 sheets, including <br /> renderings and a survey prepared by A.R. Toussaint & Associates, Inc. Plans are subject <br /> to revisions based comments provided by zoning staff of the City of Sunny Isles Beach. <br /> Plans are subject to modification. <br /> 2. Upon the submittal of an application for a building permit, the plans submitted shall be <br /> approved by the Community Development Department and be consistent with the specific <br /> plan approved by the City Commission. Plans shall include all the required elements of <br /> the site plan pursuant to the City's Land Development Regulations and recommendations. <br /> Should compliance with recommendations result in a change that would not be considered <br /> "minor" in accordance with Section 265-18 of the City Code, the Applicant shall be <br /> required to obtain another approval of the City Commission. <br /> 3. That the approved plan shall remain valid for a period of 24-months from the date of the <br /> site plan modification approval. If no building permit is issued within the 24-month time <br /> period, the site plan shall be considered null and void and of no force and effect. <br /> 4. That the Applicant complies with all City Ordinances, County, State and Federal Laws and <br /> Regulations applicable to development and permit approvals. <br /> IF APPPLICABLE, NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE <br /> APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS <br /> RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND <br /> PROFESSIONAL FEES (AS PER SECTION 267-4 OF THE CODE OF THE CITY OF <br /> SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO <br /> THE APPLICABLE LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE <br /> SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT <br /> RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE <br /> PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE <br /> HAVE BEEN TRANSFERRED. <br /> FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS <br /> DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS <br /> SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN <br /> 16-Z- Pool Gazebos Gorokhovsky 3 <br />