2012-0920 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida this use and type is far in excess of what is actually needed. It is even less so because of it being an Orthodox Synagogue. The property that it sits on is a small property and it would be virtually impossible to provide much more parking on it without encroaching or diminishing the program activities. He pointed out that there are two options in terms of the western side of the property,a landscaped terrace down from their property onto the City's property which would require an easement from the City. This is much more attractive than having a sheer wall up against City property and so they would hope that the Commission would favor that alternative. Mayor Edelcup opened the public hearing and heard from interested parties. Commissioner Aelion asked about the parking requirements, and City Planner Hasbun said the Code indicates that we can use the highest use for shared parking spaces. In this case the highest use is the place of worship with 98 parking spaces. Commissioner Aelion said they will provide 22 spaces including one handicapped for a total of 23 spaces,and so there is the issue of parking against handicapped use by ADA Guidelines. That pro-rated amount has to be respected. He understands from the proposed section that they allow 26 parking spaces to be provided off-site that came under discussion between the Applicant and staff. To that end, he reads that the Applicant in this proposal requiring 26 spaces off-site,but then he views the conditions that staff is proposing,among others is that the Applicant agrees to enter into a off- site parking agreement with the City to purchase a minimum of 24 parking spaces for the use by the Applicant. He asked what is the staffs position regarding the Applicant's use or compromised use, and he needs a number. Ms. Hasbun said 98 is the required number,then 50 was the proposed number from the Applicant to be a variance, and 26 to be provided off- site. At this point the Applicant has requested the 76 to be a variance and so they will not be entering into an agreement for off-site parking. Commissioner Aelion said so anything now is at 76 spaces excluding the 22 spaces, and Mayor Edelcup clarified that of the 98 spaces, 22 are provided. Commissioner Aelion said even though this is a place of worship which has taken the form of B'Nai Zion, the Synagogue on 178th Street, is the parking at that Synagogue up to Code?He sees that the parking is not sufficient there and he sees that cars are parked by the sidewalks and around the area. With special permitting by the City he sees already there is a precedent created, and Ms. Hasbun said she would have to research that. Commissioner Scholl said he looks at this as a commercial transaction with usage throughout the week and he thinks we would have to make a very strong argument that all of these spaces are required. What the Rabbi convinced him through his passion and articulate advocacy is that this is a very unique situation. The fact is that we are going to have a garage nearby,and we will have room for spillover unlike the condition at the B'Nai Zion,because he was going along the lines of Commissioner Aelion's thinking. So from his perspective, with that in mind, he supports the variances as requested and does not feel we should charge for the spaces. It is a beautiful center and it will be an asset to the community. Vice Mayor Thaler said having gone through this on a regular basis over about three months, he believes there should be a minimal charge for the parking. He believes that is a fair way to treat all the people in Sunny Isles Beach. We have to look at this totally different then a commercial piece of property. 8