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2010-29RESOLUTION NO. 2010-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171(b)(5) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW FOUR (4) PARKING SPACES, WHERE A MINIMUM OF NINETEEN (19) PARKING SPACES ARE REQUIRED BY CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 127 FEET, WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31-221(1)(2) TO ALLOW A 0 FOOT WIDE LANDSCAPE BUFFER ALONG THE EAST SIDE OF THE PARKING AREA, WHERE A MINIMUM SEVEN FOOT WIDE LANDSCAPE BUFFER IS REQUIRED BY CODE, ALL FOR PROPERTY LOCATED ON THE EAST SIDE OF NE 34 AVENUE BETWEEN NORTH COUNTRY CLUB DRIVE AND NE 207 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multifamily High Density Residential District; and WHEREAS, the applicant, Marina Condominium Association, Inc., through Application No. 01-VAR-10, is requesting variance from Section 31-171(b)(5) of the City's Land Development Regulations to allow four (4) parking spaces, where a minimum of nineteen (19) parking spaces are required by Code; and variance from Section 31-172(c)(2) to allow a landscaped driveway separation of 127 feet, where a minimum separation of 150 feet is required by Code; and variance from Section 31-221 (i)(2) to allow a 0 foot landscape buffer along the east side of the parking area, where a minimum 7 foot landscape buffer is required by Code. Resolution No. 2010-29 Page 2 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for variance from Section 31-171(b)(5) of the City's Land Development Regulations to allow four (4) parking spaces, where a minimum of nineteen (19) parking spaces is required by Code; and application for variance from Section 31-172(c)(2) to allow a landscaped driveway separation of 127 feet, where a minimum separation of 150 feet is required by Code; and application for variance from Section 31-221(1)(2) to allow a 0 foot landscaped buffer along the east side of the parking area, where a minimum 7 foot landscaped buffer is required by Code, on property legally described as follows: All of Aventura Marina Condominium No. 1, a condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 8096, Page 876 of the Public Records of Miami-Dade County, Florida, City of Aventura, more particularly described in Exhibit "A" are hereby granted, subject to the following conditions: Plans shall substantially comply with those submitted as follows: • "The Aventura Marina Parking Facility", Cover Sheet, Sheet 1 of 11, Drawing No 00.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 12/10/09, signed and sealed 3/22/10. • "Aventura Marina", Topographic Survey, Sheet 1 of 2, prepared by PBS&J, dated 4/10/09, updated 10/14/09. • "Aventura Marina", Topographic Survey, Sheet 2 of 2, prepared by PBS&J, dated 4/10/09, updated 10/14/09, signed and sealed. • "The Aventura Marina Parking Facility", Notes and Legend, Sheet 2 of 11, Drawing No. 18.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10. • "The Aventura Marina Parking Facility", Soil and Sedimentary Control Plan, Sheet 3 or 11, Drawing No. 19.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 12/10/09, signed and sealed 3/22/10. • "The Aventura Marina Parking Facility", Site Plan, Sheet 4 of 11 Drawing No. 20.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest Resolution No. 2010-29 Page 3 revision date 1/27/10, signed and sealed 3/22/10. • "The Aventura Marina Parking Facility", Signing and Striping Plan, Sheet 5 of 11 Drawing No. 20.02, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10. ,. • "The Aventura Marina Parking Facility , Paving and Drainage Plan, Sheet 6 of 11 Drawing 21.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 2/19/10, signed and sealed 3/22/10. • "The Aventura Marina Parking Facility", Details, Sheet 7 of 11, Drawing No. 28.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1 /27/10, signed and sealed 3/22/10, approved as noted. • "The Aventura Marina Parking Facility", Tree Management Plan, Sheet LT-1, prepared by Savino Miller Design Studio, Landscape Architect, dated 10/14/09, signed and sealed 3/22/10. • "The Aventura Marina Parking Facility," Planting Plan and Details, Sheet LP-1, prepared by Savino Miller Design Studio, dated 5/14/09, signed and sealed 3/22/10. 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. 3. Prior to issuance of a building permit, the Public Records of Miami-Dade County. borne by the applicant. the applicant shall record this resolution in All expenses of such recordation shall be 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 Weinberg, who moved its adoption. The motion was seconded by Commissioner Joel, 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 Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2010- 29 Page 4 PASSED AND ADOPTED this 4th day of May, 2010. usan Gottlieb, Mayor ATTiEST: ESA M. ICA, MC ' CLER APPROVED AST L AL SUFFICIENCY: /, CITY ATT RNEY the Office of the City Clerk this~O~ day of May, 2010. EXHIBIT "A" All of AVENTURA MARINA CONDOMINUM NO. 1, a Condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 8096, page 876 of the Public Records of Miami-Dade County, Florida, except that property conveyed out as follows: Unit 1 conveyed in O.R. Book 11431, page 1652 and in corrective deed in O.R. Book 11482, page 1732. Unit 2 conveyed in O.R. Book 17656, page 1357 Unit 3 conveyed in O.R. Book 17656, page 1424 Unit 4 conveyed in O.R. Book 20825, page 4894 Unit 5 conveyed in O.R. Book 20587, page 103 Unit 6 conveyed in O.R. Book 23587, page 3470 and O.R. Book 23678, page 1359 Unit 7 conveyed in O.R. Book 26857, page 4670 Unit 8 conveyed in O.R. Book 19173, page 600 Unit 9 conveyed in O.R. Book 23416, page 3669 Unit 10 conveyed in O.R. Book 18972, page 4815 Unit 11 conveyed in O.R. Book 20372, page 3264 Unit 12 conveyed in O.R. Book 23416, page 3877 Unit 13 conveyed in O.R. Book 20182, page 2379 Unit 14 conveyed in O.R. Book 20523, page 3842 Unit 15 conveyed in O.R. Book 20487, page 1413 Unit 16 conveyed in O.R. Book 18927, page 3656 Unit 17 conveyed in O.R. Book 20450, page 3166 Unit 18 conveyed in O.R. Book 24182, page 4389 Unit 19 conveyed in O.R. Book 23173, page 2434 2235466-5 Unit 20 conveyed in O.R. Book 17568, page 2442 and O.R. Book 17587, page 1994 Unit 21 conveyed in O.R. Book 21437, page 2840 Unit 22 conveyed in O.R. Book 17535, page 1427 Unit 23 conveyed in O.R. Book 17535, page 1431 Unit 24 conveyed in O.R. Book 23416, page 3806 Unit 25 conveyed in O.R. Book 23416, page 4166 Unit 26 and 27 conveyed in O.R. Book 20155, page 3480 2235466-5