2006 1116 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida City Attorney Ottinot said most existing buildings have a fire access and what this ordinance provides is if the City Manager or designee determines that a fire access road is obstructed or is a fire hazard, we have the authority to come in and to require additional access be unobstructed. He said this ordinance gives the City more authority and gives us an opportunity to rectify public safety issues. Commissioner Goodman said that is on private property too, and City Attorney Ottinot said yes. Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, December 14,2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin m Mayor Ede1cup yes [City Clerk's Note: The Commission took afive-minute recess after this item before moving on to ltem 8A.] 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) 8A. Public Hearing Request of RK & Associates to Appeal the City Manager's Decision Agreeing with the Building Official's Decision to Revoke Permit No. B0604339 Issued to KMR Construction Company for the Construction of a Wall in the Setback Area in Front of the Porterhouse Restaurant Located at 17004 Collins Avenue. Action: City Clerk Hines read the title and City Attorney Szerlag said that the City issued the permit in error and therefore in the event a variance is denied, the City would reimburse the tenant for the wall costs. Community Development Director Robert Solera reported that Porterhouse Restaurant installed a decorative wall surrounding the front ofthe property in the front yard setback. He handed out a copy of the sections that apply, specifically accessory use is under 265.45E, fences and walls, No.4, indicates that the parcel which is a non-residential parcel, cannot have a wall in the front yard setback. He said the wall was installed without a permit, the property owner was given a warning and subsequently the permit was obtained. He said they went through the Zoning Department, and there was a mishap in the actual application in terms of the permit itself, it was issued and it should not have been issued due to the fact that there is a requirement not to have any walls on the front yard. Mayor Ede1cup said one of the pieces of information was the letter of September 5, 2006 by our City Manager turning down the request for appeal. Public Speakers: Arnold Shevlin Commissioner Goodman asked what percentage of the area is permitted for the restaurant, and Mr. Solera said as part of the ordinance that we have for outdoor dining, they are allowed 12