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2011-58RESOLUTION NO. 2011 -58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31- 143(f)(3)d. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A REDUCED FRONT YARD SETBACK AND TO ALLOW A REDUCED STREET SIDE YARD SETBACK FOR THE WILLIAMS ISLAND SPA AND FITNESS CENTER LOCATED AT 5300 ISLAND BOULEVARD, 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, Williams Island Property Owners' Association Inc., through Application No. 02- VAR -11, is requesting variance from Section 31- 143(f)(3)d. of the City's Land Development Regulations to allow a front yard setback of 5.92 feet, where a minimum 25 foot front yard setback is required by Code; and to allow a street side yard setback of 5.90 feet, where a minimum 20 foot street side yard setback is required by Code for the Williams Island Spa and Fitness Center located at 5300 Island Boulevard, City of Aventura; and 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- 143(f)(3)d. of the City's Land Development Regulations to allow a front yard setback of 5.92 feet, where a minimum 25 foot front yard setback is required by Code; and to allow a street side yard setback of 5.90 feet, where a minimum 20 foot street side yard setback is required by Code for the Williams Island Spa and Fitness Center located at 5300 Island Boulevard, City of Aventura, legally described in Exhibit "A" to this Resolution, is hereby granted, subject to the following conditions: Resolution No. 2011 -58 Page 2 1. Plans shall substantially comply with those submitted as follows: • "Williams Island Spa and Fitness Center ", Site Plan, Sheet A -1, prepared by Forbes Architects, dated 7/20/11, revised 8/31/11, signed and sealed. • "Williams Island Spa and Fitness Center ", Lower Level Proposed Floor Plan, Sheet A -2, prepared by Forbes Architects, dated 7/20/11, signed and sealed. • "Williams Island Spa and Fitness Center ", Upper Level Proposed Floor Plan, Sheet A -3, prepared by Forbes Architects, dated 7/20/11, signed and sealed. • "Williams Island Spa and Fitness Center ", South and West Elevation Plan, Sheet A -5, prepared by Forbes Architects, dated 7/20/11, signed and sealed. • "Williams Island Spa and Fitness Center ", North and East Elevation Plan, Sheet A -6, prepared by Forbes Architects, dated 7/20/11, signed and sealed. • "Williams Island Spa and Fitness Center ", Landscape Plan, Sheet L -1, prepared by Witkin Hults Design Group, dated 7/20/11, revised 8/29/11, signed and sealed 9.1.11. 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 Joel, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez- Weinberg absent Vice Mayor Zev Auerbach yes Mayor Susan Gottlieb absent Resolution No. 2011 -58 Page 3 PASSED AND ADOPTED this 4th day of October, 2011. ATTEST: 1ZL ESA M hR O , MMC Y CLER APPROVED AS TOO LEGAL SUFF)OENCY: �Ly "`L CITY ATTORNEY TMo a fled in the Office of the City Clerk this 5th day of October, 2011. I CLEOVI F�j Resolution No. 2011 -58 Page 4 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY A portion of Tract "A" of WILLIAMS ISLAND AMENDED, according to the plat thereof, as Recorded in Plat Book 126, at page 49 of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Commence at the Northwest comer (NW) of the Northeast one - quarter (NE 1/4 ) of Section 10, Township 52 South, Range 42 East; thence North 89 degrees 57'15" East, along the North line of said Section 10, a distance of 1,472.63 feet; thence South 00 degrees 00'00" East, a distance of 405.81 feet to the POINT OF BEGINNING; thence South 00 degrees 00'00" West, a distance of 237.34 feet to a point on a circular curve, concave to the Southeast, said curve having a radius of 37.00 feet and a radial bearing of North 34 degrees 09'22" West; thence Southerly through a central angle of 55 degrees 50'38 ", on arc distance of 36.06 feet to a point of tangency; thence South 00 degree 00'00" East, a distance of 270.26 feet to the point of curvature curve, concave to the Northwest, said curve having a radius of 48.00 feet; thence Southwesterly through a central angle of 81 degrees 37'50 ", on arc distance of 68.39 feet to a point of tangency; thence South 81 degrees 37'50' West, a distance of 154.31 feet to the point of curvature of a circular curve concave to the North, said curve having a radius of 198.00 feet; thence Westerly through a central angle of 09 degrees 14'09" on arc distance of 31.92 feet to a point of tangency; thence North 89 degrees 08'01" West, a distance of 58.87 feet; thence South 83 degrees 48'47" West, a distance of 36.87 feet; thence North 48 degrees 52'36" West, a distance of 30.79 feet to a point on a circular curve concave to the East, said curve having a radius of 632.81 feet and a radial bearing of South 85 degrees 34' 26" West; thence Northerly through a central angle of 01 degrees 00'24 ", an arc distance of 11.12 feet to a point; thence North 01 degrees 46'52" West, a distance of 408.64 feet to the point of curvature of a circular curve concave to the West, said curve having a radius of 2,482.62 feet; thence Northerly through a central angle of 01 degrees 11 '27 ", on arc distance of 51.59 feet to a point; thence North 90 degrees 00'00" East, a distance of 149.02 feet; thence North 00 degrees 00'00" East, a distance of 122.00 feet; thence North 90 degrees 00'00" East, a distance of227.00 feet to the POINT OF BEGINNING.