2008-42
RESOLUTION NO. 2008-42
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING
CONDITIONAL USE APPROVAL PURSUANT TO
SECTION 31-143(f)(4) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT THE
INSTALLATION OF AN ABOVEGROUND FUEL STORAGE
TANK IN THE RMF4, MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT; GRANTING VARIANCE FROM
SECTION 31-143(f)(4)a. OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT A 2,000
GALLON CAPACITY ABOVEGROUND FUEL STORAGE
TANK, WHERE A MAXIMUM 550 GALLON CAPACITY
ABOVEGROUND FUEL STORAGE TANK IS PERMITTED
BY CODE FOR PROPERTY LOCATED AT 3801 NE 207
STREET, CITY OF AVENTURA, FLORIDA; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the Applicant, One Island Place Condominium Association Inc.,
through Application No. 03-CU-08, has requested conditional use approval pursuant to
Section 31-143(f)(4) to permit the installation of an aboveground fuel storage tank for
the purposes of fuel storage for emergency generators for the residential development;
and
WHEREAS, the applicant, One Island Place Condominium Association Inc.,
through Application No. 02-VAR-08, has requested variance from Section 31-143(f)(4)
a. of the City's Land Development Regulations to permit a 2,000 gallon capacity
aboveground fuel storage tank, where a maximum 550 gallon capacity aboveground
fuel storage tank is permitted by Code; and
Resolution No. 2008-42
Page 2
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission has reviewed the application for conditional
use approval and finds that the conditional use requested meets the standards for
approval of conditional uses as set forth in Section 31-73(c) of the City's Land
Development Regulations; and
WHEREAS, the City Commission has reviewed the application for variance
approval and finds that the variance requested meets the standards for approval of
variances as set forth in Section 31-76(e) of the City's Land Development Regulations;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. Application No. 03-CU-08 for conditional use approval pursuant to
Section 31-143(f)(4) to install an aboveground fuel storage tank for the purpose of
storing fuel for emergency generators on land described in Exhibit "An is hereby
granted, subject to the conditions in Section 4 of this Resolution.
Section 2. Application No. 02-VAR-08 for a variance from Section 31-143(f)(4)
a. of the City's Land Development Regulations to permit installation of a 2,000 gallon
capacity aboveground fuel storage tank, where a maximum 550 gallon capacity
aboveground fuel storage tank is permitted by Code on land described in Exhibit "An is
hereby granted, subject to the conditions in Section 4 of this Resolution.
Resolution No. 2008-42
Page 3
Section 3. This Resolution shall become effective immediately upon its
adoption.
Section 4. The approvals granted through this Resolution are subject to the
following conditions:
1. The applicant shall obtain permits within 12 months of the date of the approving
resolution, failing which this approval shall be void. The applicant may request
one six month extension of time to obtain permits and the City Commission may,
by resolution or motion, grant such extension of time upon showing of good
cause by the applicant.
2. Any discontinuation of the approved conditional use for a period of 180
consecutive days shall constitute abandonment and shall rescind the approval of
the conditional use.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Commissioner Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
Resolution No. 2008-~
Page 4
PASSED AND ADOPTED this ih day of October, 2008.
APPROv;:]y:,I:\GAL SUFF~NCY:
CITY ATTORNEY ~
Resolution No. 2008-42
Page 5
EXHIBIT "An
Tract U of the Waterway - Section 6, according to the plat thereof as recorded in Plat
Book 136 at Page 7 of the Public Records of Miami-Dade County, Florida
Less all of One Island Place Condominium I, a condominium according to the
Declaration of Condominium thereof as recorded in Official Records Book 14810, at
Page 122, of the Public Records of Miami-Dade County, Florida, and
Less all of One Island Place Condominium II, a condominium according the Declaration
of Condominium thereof, as recorded in Official Records Book 15230 at Page 2313 of
the Public Records of Miami-Dade County, Florida.