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<br />Summary Minutes: Regular City Commission Meeting November 16,2006 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />wouldn't have much more difficulty climbing over a short wall, and if a car was careening <br />into that area that wall would give just as quickly as a hedge will give, so both those <br />arguments do not solve the issue. <br /> <br />Commissioner Goodman said the entrance to Starbucks, Tony Romas, and La Terrazzo is off <br />from private property not from Collins A venue, however the Porterhouse entrance is on <br />Collins Avenue. Mr. Shevlin said they do not have bus stops in front of their restaurants and <br />they have tried for years to move the bus stop. Commissioner Goodman said his theory was <br />that there should never have been any restaurants or any stores that had a direct entrance from <br />a shopping center from Collins A venue, it should have been inside the shopping center. He <br />said he always thought that the setback of all the buildings should be 50-feet back on Collins <br />A venue. <br /> <br />Mayor Ede1cup suggested that someone make a motion, and City Attorney Ottinot said this <br />would be a motion affirming staff decision. Commissioner Iglesias said the bottom line is <br />that it is a clear violation but if they would have applied for a variance and he is only <br />speaking for himself that the way they have scaled the back and landscaped it, he doesn't <br />have a problem with it. He suggested that they apply for a variance. <br /> <br />Mr. Shevlin asked for a motion to apply for a variance by waiving the fees until the issue is <br />resolved because the City Manager has recommended in the event the variance is denied the <br />City reimburse the tenant for fees and costs incurred in this, and he believes the fees and <br />costs are far in excess of the cost ofthe wall. He said we would be amiable to allow for him <br />to apply for a variance immediately and get on the next available agenda. <br /> <br />Mayor Edelcup said to take it in two steps, first to affirm the request of the appeal, and that <br />they can come back and request a variance and take their chances on how this Commission <br />will react to that request. City Attorney Ottinot said like any other applicant, he can apply for <br />a variance without the consent of the Commission. <br /> <br />City Manager Szerlag said he needs to get permission from the Commission to reimburse the <br />petitioner for the wall issue, and Mayor Ede1cup said that is deferred and it would become <br />part of the variance request. City Manager Szerlag said that it would have to be attached to <br />the report for the request for a variance and after it is adjudicated he has a recommendation <br />along with the Attorney's office on how to handle the reimbursement. Assistant City <br />Manager Vera said that this property has been cited, how does staff deal with the citation that <br />was given. Mayor Edelcup said to put it on hold as long as the variance request comes in <br />within 30 days. Mayor Edelcup said ifhe doesn't come in with a variance request, they have <br />already turned it down so then it will be an enforcement issue. <br /> <br />Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion affirming staffs <br />decision, with the caveat that they apply for a variance within 30 days. City Attorney <br />Ottinot said that Mr. Shevlin had requested that the zoning hearing application fee be <br />waived and asked ifthat is part ofthe motion and the Commission said yes. Resolution <br />No. 2006-1004 was adopted by a voice vote of 5-0 in favor. <br /> <br />16 <br />