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<br />III. FINDINGS AND CONCLUSIONS: <br /> <br />Based upon an analysis of the application and the standards for approval for a site plan application <br />and variances under the Land Dcvelopment Regulations, the City Commission makes the following <br />findings and conclusions: <br /> <br />A. The site plan application and the requests for variances are consistent with the Land <br />Development Regulations and thc Comprehensive Master Plan of the city of Sunny Isles <br />Beach. <br /> <br />B. The Applicant's variance requests are supported by competent and substantial evidence and <br />approval is warranted under Section 265-15 of the City Code. <br /> <br />C. The Applicant has demonstrated ownership of development rights ("TDRs") requested in the <br />application. <br /> <br />D. The request to waive the beach access requirement is supported by competent and substantial <br />evidence due to the fact that Applicant's property is adjacent to a public park. <br /> <br />IV. APPROVALS <br /> <br />A. The Applicant's request for approval of the site plan submitted for the Project known as <br />"Chateau Beach" is hereby granted and said site plan is hereby approved subject to all <br />conditions set forth in Section V below. <br /> <br />B. The Applicant's request to transfer 62,644 square feet of development rights and 32 units <br />from the TOR bank accounts owned by Abus Sunny Isles, LLC, Chateau Beach, LLC, Inc. <br />and Jerry's Famous Deli, Inc. is hereby approved. <br /> <br />C. The Applicant's request to waive the required beach access easement for properties adjacent <br />to a park is hereby approved. <br /> <br />D. The Applicant's request for a variance to permit a building width of seventy three percent <br />(73%) where a maximum of sixty per cent (60%) is required is hereby approved. <br /> <br />E. The Applicant's request for a variance to permit three (3) feet to five (5) feet setback for the <br />garage is hereby approved where twenty (20) feet is required. <br /> <br />F. The Applicant's request for a variance to permit 2 feet and I inch setback for the southern <br />portion of the garage is hereby approved where five (5) feet is required. <br /> <br />G. The Applicant's request to use the graphics and murals on temporary construction fencing is <br />hereby approved. <br /> <br />12.Z... 17475 Collins Avenue <br /> <br />3 <br />