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consideration was given to the matter and to the positive recommendation contained in the City's <br />Community Development Department Review Report; and <br />WHEREAS, notice was provided to all interested parties regarding the Application; and <br />WHEREAS, the City Commission reviewed the Application, the written and oral <br />recommendations of the Community Development Department and all outside consultants who <br />render reports with respect to the Application, including the recommendation conditions, and <br />found substantial competent evidence to support a showing by the Applicant that the request for <br />the Receiving Site Approval, transfer of development rights and site plan approval are, subject to <br />all of the conditions set forth in this Resolution, in compliance with the Land Development <br />Regulations and the Comprehensive Master Plan of the City and maintain the basis intent and <br />purpose of the zoning, subdivision or other land regulations, which is to protect the general <br />welfare of the public , particularly as it affects the stability and appearance of the community. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS <br />SUCCESSORS OR ASSIGNS, AS FOLLOWS: <br />II. INCORPORATION OF RECITALS. <br />All recitals are incorporated into the body of this Resolution as if same were fully set forth <br />herein. <br />III.APPROVALS. <br />1. The Applicant's request for approval of the site plan submitted for the Project known as <br />"400 Sunny Isles Beach Marina" is hereby granted and said site plan is hereby approved <br />subject to all conditions set forth in Section IV below. The failure of performance of any <br />of these conditions shall be deemed a denial of this Application. <br />2. The Applicant's request to utilize 83,490 square feet of development rights and 46 units <br />from its subbank account in the TDR Bank is hereby approved. <br />3. The Applicant's request to permit a pedestal to tower front setback to be 22' -6" is hereby <br />approved. <br />4. The Applicant's request to permit a pedestal to tower (West) side setback to be 0' -0" is <br />hereby approved. <br />5. The Applicant's request for a conditional use to permit an enclosed commercial marina is <br />hereby approved. <br />6. The Applicant's request to permit the use of graphics and murals on a temporary <br />construction fence is hereby approved. <br />400 Sunny Isles Beach Marina Page 3 of 9 <br />