2008-39
RESOLUTION NO. 2008-39
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31-147(a)(3) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A 0 FOOT FRONT YARD SETBACK, WHERE A
MINIMUM 25 FOOT FRONT YARD SETBACK IS
REQUIRED BY CODE; AND GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31-233(c)(4) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A
17.42 FOOT WIDE VIEW CORRIDOR TO THE WATER,
WHERE A MINIMUM 32.69 FOOT WIDE VIEW CORRIDOR
IS REQUIRED BY CODE FOR THE CITY OF AVENTURA
ARTS & CULTURAL CENTER PROPERTY LOCATED AT
3385 NE 188 STREET, CITY OF AVENTURA; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned CF, Community Facilities
District; and
WHEREAS, the applicant, City of Aventura, through Application No. 01-VAR-08,
is requesting a variance from Section 31-147(a)(3) to allow a 0 foot front yard setback
where a minimum 25 foot front yard setback is required by Code; and (2) Variance from
Section 31-233(c)(4) to allow a 17.42 foot wide view corridor where a 32.69 foot wide
view corridor is required by Code.
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
Resolution No. 2008-39
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a variance from Section 31-147(a)(3) to allow a 0 foot
front yard setback where a minimum 25 foot front yard setback is required by Code;
and (2) Variance from Section 31-233(c)(4) to allow a 17.42 foot wide view corridor
where a 32.69 foot wide view corridor is required by Code, on property legally described
as follows:
Tract A, Huber Tract, according to the plat thereof as recorded in Plat Book 140,
Page 58 of the Public Records of Miami-Dade County, Florida and part of the
south % of the Section 3, Township 52 South, Range 42 East, City of Aventura
more particularly described in Exhibit "A"
is hereby granted, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
. "Aventura Arts & Cultural Center Site Plan and Shoreline Submittal", Cover
Sheet, prepared by PGAL Architects, dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts Center", Boundary and Topographic Survey, Page 1 of 1,
prepared by Fortin, Leavy, Skiles Inc. dated 2/26/08, signed and sealed 2/26/08.
. "Aventura Arts and Cultural Center", Conceptual Paving, Drainage, Water and
Sewer Plan, Page 1 of 3, prepared by Fortin, Leavy, Skiles Inc. dated 8/26/08,
signed and sealed 8/26/08.
. "Aventura Arts and Cultural Center", Conceptual Paving, Drainage, Water and
Sewer Plan, Page 2 of 3, prepared by Fortin, Leavy, Skiles Inc. dated 8/26/08,
signed and sealed 8/26/08.
. "Aventura Arts and Cultural Center", Conceptual Paving, Drainage, Water and
Sewer Plan, Page 3 of 3, prepared by Fortin, Leavy, Skiles Inc. dated 8/26/08,
signed and sealed 8/26/08.
. "Aventura Arts & Cultural Center", Planting Plan, Sheet L 1.0, prepared by Curtis
and Rogers Design Studio Inc., dated 8/26/08, signed and sealed 8/26/08.
. "Aventura Arts & Cultural Center", Tree Disposition, Sheet TD1.0, prepared by
Curtis and Rogers Design Studio Inc., dated 8/26/08, signed and sealed 8/26/08.
. "Aventura Arts & Cultural Center", Demolition Plan, Sheet D1.00, prepared by
PGAL, dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts & Cultural Center", Site Plan, Sheet A1.00, prepared by PGAL,
dated 8/26/08, signed and sealed 8/27/08.
Resolution No. 2008-39
Page 3
. "Aventura Arts & Cultural Center", Site Plan, Sheet A 1.01, prepared by PGAL,
dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts & Cultural Center", Site Plan Details, Sheet A 1.02, prepared by
PGAL, dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts & Cultural Center", Site Plan Details, Sheet A1.03, prepared by
PGAL, dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts & Cultural Center", Overall Floor Plan, Sheet A2.00, prepared by
PGAL, dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts & Cultural Center", Mechanical Mezzanine Plan, Sheet A2.01,
prepared by PGAL, dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts & Cultural Center", Roof Plan, Sheet A2.02, prepared by PGAL,
dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts & Cultural Center", Building Elevations, Sheet A6.00, prepared by
PGAL, dated 8/26/08, signed and sealed 8/27/08.
. "Aventura Arts & Cultural Center", Building Elevations, Sheet A6.01, prepared by
PGAL, dated 8/26/08, signed and sealed 8/27/08.
2. Permits shall be obtained within twelve (12) months of the date of the resolution
or the approvals granted shall be deemed null and void unless extended by a
motion of the City Commission.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Stern, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Zev Auerbach yes
Mayor Susan Gottlieb yes
Resolution No. 2008-M
Page 4
PASSED AND ADOPTED this 9th day of September, 2008.
~.~f.-uf
.Susan Gottlieb, Mayor
APPROV~~A~CY:
CITY ATTORNEY
a file in the Office of the City Clerk this lP..- day o~, 2008.
Resolution No. 2008-39
Page 5
EXHIBIT "A"
LEGAL DESCRIPTION
(Parcel 1)
Tract A, Huber Tract, according to the plat thereof as recorded in Plat Book 40, Page
58 of the Public Records of Miami- Dade County, Florida
and
(Parcel 11 )
The adjacent portion of land bounded to the south by the easterly prologation of the
centerline of NE 188 Street as shown on said plat and bounded by the waterward
boundary line as of July 1, 1975 lying in the south % of Section 3, Township 52 South,
Range 42 East, Miami-Dade County, Florida being more particularly described as
follows:
Commence at the center of said Section 3; Thence Run North 89050'55" West along
the north line of the southwest ~ of said Section 3 for a distance of 670.26 feet to the
northwest corner of the east % of the northeast ~ of the southwest ~ of said Section 3;
Thence run South 00039'25" East along the west line of the east % of the northeast ~
of the southwest ~ of said Section 3 for a distance of 1107.11 feet to a point; Then run
North 89020'35" East for a distance of 2759.51 feet along the centerline of NE 188
Street and the easterly prolongation thereof, as shown on said lat to the point of
beginning; Thence meandering the water's edge of Dumfoundling Bay the following
seven courses; Thence run North 09009'56" East for a distance of 56.04 feet; Thence
run North 01059'05" East for a distance of 109.22 feet; Thence run North 16039'15"
West for a distance of 23.30 feet; Thence run North 41027'58" West for a distance of
35.31 feet; Thence run North 54044'06" West for a distance of 47.58 feet; Then run
North 62007'47" West for a distance of 55.49 feet; Thence run South 89055'17" West
for a distance of 279.80 feet, more or less, to the point of termination.