2007 0215 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida Vice Mayor Thaler said when they were at the Bay Harbor School they almost froze in the auditorium and when they asked to turn down the air conditioner they told them that they could not turn down the air conditioner because it was controlled from downtown, are we going to have the same problem here, and Mr. Cohen said yes, it will be a centralized control, it is all brought back to one control point that can be monitored and controlled by the County, and if the air conditioner is balanced correctly there should be no problem. Mayor Edelcup thanked them for being here tonight and that they would like another update in a few months. 6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of 17070 Collins Avenue Shopping Center Ltd., Owner of the Property Located at 17100 Collins Avenue #225, for the Following (Porter House Bar and Grill): (Hearing #Z2006-10) 1. The Applicant is requesting a variance from Section 265-45E(4) of the Land Development Regulations requiring that on non-residential parcels "no wall or fence shall be permitted within the required front yard setback." (Deferred from January l8, 2007) Protests 0 Waivers 0 Ex Parte--L Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. City Attorney Ottinot asked to hear from the Applicant first. Public Speakers: Arnold Shevin, Esq. Arnold Shevin, Esq., representing the applicant, said that he has been before the Commission before to request an appeal of a Building Permit that was issued for a wall that was built at the Porter House Restaurant in the RK Shopping Center. He said they are back this evening to ask approval of a variance application to allow this wall in contradiction to the Code that is in place and in conjunction with the application they have proffered with staff after working diligently with staff for some easements that will benefit the City. He said these easements will include easements along all of their properties to allow the City to come to them and install between the first five and ten feet of their property, utility easements, pedestrian walkways easements, landscaping easements, widen the sidewalks, beautifY the City, and make it truly a nice pedestrian destination and a nice community for all the residents. He said they feel that in conjunction with their application, not withstanding that it is not permitted by Code and, we have discussed this extensively before that our consideration will help the City, be beneficial to the City, and in discussions with staff at the last minute today, we are willing to also proffer giving us some latitude on relocation of the bus shelters to come onto their property and take them off from the City sidewalks to make it a little more accessible to the pedestrians. Mr. Shevin said in conjunction with the presentation that was given tonight by the School 4