2006 0411 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting April II, 2006 City of Sunny Isles Beach, Florida City Manager Jorge Vera reported and recommended approval noting that the applicant is required to comply with all the conditions set forth in Zoning Resolution No. 04-Z-85 and a new condition relating to the maintenance of its temporary construction fence. Public Speakers: Clifford Schulman, Esq.; Julio Diaz, Architect; Lou Laermer; Isaac Aelion; Spiro Colivas; Henry Kay; Mercedes Cantrell Clifford Schulman, Esq., representing the applicant reported that the Florida Department of Environmental Protection (DEP) determined after the 2005 Hurricane Season that this building could not be placed where the City Commission had approved it in 2004, and to move it back 18-feet. Mr. Schulman said because of that they are before the Commission tonight for minor variances, and noted that the building has now been reduced by four units. Julio Diaz, Architect, presented renderings and a three-dimensional of the project. Clifford Schulman, Esq., said that they have provided a beach access easement on the north side and on the south side of the site, and he offered $300,000.00 cash for the City's Park Fund at the time of the Building Permit. Commissioner Thaler asked if this will change any of the parking that was originally approved, and Mr. Schulman said that they have the same amount of trucks and parking except that they have increased handicapped parking by one additional space. Commissioner Goodman asked if they would provide a shower, bench, foot wash, and a water fountain for the beach access, and Mr. Schulman agreed. Commissioner Iglesias said that with the land that they have they could redesign this without any variances but at this stage he said he would not ask for that but that he is going to ask for $350,000.00 for the parks instead of $300,000.00. Mr. Schulman said no because this project has been approved, sold and developed, and noted that they enticed this with the beach accesses which will cost, for improvements purposes, substantially more than the $300,000.00 in cash that he has offered, and noted that money is not coming out of lenders, it is coming out of pocket. Mayor Edelcup stated that the way we are reviewing this project today is unique as we are not here under the original site plan, we are here because DEP is requiring a change, and change is time and money. He said that we are also in a situation in today's economy where it is better to get buildings started today then it is to have to start all over again and redesign. He said some people expressed a fear that we would be setting a precedent but he said he does not believe we are as each one of these requests is on a one-on-one basis. He said that the developers know that this Commission does not generally favor variances being granted, however there are certain instances such as these where a variance of this type, which is very minor as pointed out by the Architect, some 12- feet of encroachment on the front setback on just a partial point of the building, does not justify having to go back and start from scratch and he feels that we can accommodate this developer. Mayor Edelcup said as it relates to beach accesses the City has always had a policy of wanting to have as many beach accesses as possible, and that we weren't necessarily trying to line them up with crosswalks. He said we didn't want to create a real hardship on each developer on each site by saying you have to have one on either side. He said that we basically put into the ordinance that you have to have it on one side, but that didn't mean that we wouldn't appreciate and welcome having it on two sides or that we wouldn't appreciate having it wider if that were possible. He said as it relates to this particular property, what this developer is 3