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2004-002 RESOLUTION NO. 2004-02 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING RESOLUTION NO. 2003-71 WHICH HAD GRANTED CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANSFER OF DENSITY ON 1.216 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3131 NORTHEAST 188TH STREET; BY AMENDING THE CONDITION CONCERNING THE DEADLINE FOR OBTAINING A BUILDING PERMIT TO IMPLEMENT THE CONDITIONAL USE APPROVAL, BY ALLOWING A BUILDING PERMIT TO BE OBTAINED WITHIN THREE YEARS OF THE DATE OF ADOPTION OF RESOLUTION NO. 2003-71 IN LIEU OF THE TWELVE MONTH DEADLINE PROVIDED IN RESOLUTION NO. 2003-71; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant has requested the amendment of Resolution No. 2003-71 so as to modify the condition concerning the deadline for obtaining building permits from a period of twelve months to a period of three years; and WHEREAS, pursuant to Section 31-73(e)(2) of the City Code, the City Commission finds that the request for modification of the Resolution may be granted, and that such request meets the criteria of the applicable codes and Ordinances to the extent that the request is granted herein. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Resolution No. 2004-02 Page 2 Section 2. Amendments. That Section 2 of Resolution No. 2003-71 is hereby amended by revising condition 2 thereof to read as follows: I Building permits shall be obtained within 1\":81':8 (12) IRBftlkS three vears of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. This amendment is subject to the condition that any structures existing on the property shall be demolished and removed within one (1) year of the adoption of Resolution No. 2003-71. Section 3. Prior Resolution. Except as amended herein, Resolution No. 2003-71 shall continue in full force and effect. Section 4. Effective Date of Resolution. That this Resolution shall become effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner Cohen, who moved its adoption. The motion was seconded by Commissioner Grossman, and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Jay R. Beskin Mayor Jeffrey M. Perlow yes yes yes yes yes no absent from the room '/ Proposed additions to the existing text of Resolution No. 2003-71 are indicated by underline; proposed deletions ITom existing text of Resolution No. 2003-71 are indicated by strikethrough 2 Resolution No. 2004-02 Page 3 PASSED AND ADOPTED this 6th day of January, 2004. Yv ATTEST: APPROVED AS TO LEGAL SUFFICIENCY: ~~~ CITY ATTORNEY 3