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Summary Minutes:Regular City Commission Meeting November 15,2012 City of Sunny Isles Beach,Florida <br /> in terms of trying to get the builders and the lawyers together with enough time to work these <br /> things out,not to have to get them involved in it. He doesn't see where there was any major <br /> damage done, the changes were out there since October. Commissioner Aelion said he met <br /> with the Board and management of Ocean Four about four(4)weeks ago,and with that there <br /> were concerns with the variances and height but all have been addressed. <br /> Mayor Edelcup said essentially what we have here is a project that is basically an as-of-right <br /> project,we also have nothing in our ordinances or resolutions that requires the City to require <br /> consenting parties to meet. He thinks they had the foresight to recognize that these kinds of <br /> issues would come up and lawyers on either side position themselves to the best advantage to <br /> their clients. It is not the City's responsibility or duty to impose itself in the middle of their <br /> positioning; both of them are professional and they know what they are doing and they <br /> represent their clients. At the same time all we have to do is to make sure that we have <br /> adhered to our requirements of our ordinances and that is usually covered by the proper <br /> notification process. Once we have assured ourselves that the notification process is there and <br /> our staff is available to answer questions on either side, and as we have heard back and forth <br /> here today that this project is not a brand new project. It has been around for a while and has <br /> evolved probably to the betterment of the City because it did have variances before and now it <br /> doesn't. It could have been taller before,it is not taller now,the old DaVinci site had a bigger <br /> footprint, this one has a smaller footprint. He really doesn't think the City should impose <br /> moratoriums or deferrals because lawyers on either side choose either to get together or not <br /> get together, and so he would be inclined to not defer this project. <br /> Commissioner Aelion moved and Vice Mayor Thaler seconded a motion for approval, <br /> subject to staff conditions. Resolution No. 12-Z-132 was adopted by a roll call vote of 4- <br /> 1 [Commissioner Scholl opposed] in favor. <br /> Vote: Commissioner Aelion yes <br /> Commissioner Gatto yes <br /> Commissioner Scholl no <br /> Vice Mayor Thaler �s <br /> Mayor Edelcup yes <br /> [City Clerk's Note: The Commission took a 10-minute recess after this item.] <br /> 6B. Request of St.Tropez on the Bay: Phases II& III,for the Property Located at 290-330 <br /> Sunny Isles Boulevard& 16690 Collins Avenue,for the Following: (Hearing#Z2012-09) <br /> The Applicant is requesting approval for a site plan modification for 16690 Collins Avenue <br /> and,a site plan for 290-330 Sunny Isles Boulevard.The Applicant is requesting a Transfer of <br /> Development Rights(TDRs)in the amount of 94,680 square feet of development rights and <br /> 45 units from the TDR Bank account of the City of Sunny Isles Beach.The Applicant is also <br /> seeking approval of a variance of the front pedestal to tower setback in the site plan <br /> modification. Further, the Applicant is requesting approval of a mural and graphics for a <br /> temporary construction fence. <br /> 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development <br /> Regulations,the Applicant is requesting a site plan modification approval for an eight(8) <br /> 8 <br />