2004-052
RESOLUTION NO. 2004-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
THROUGH RESOLUTION NO. 2003-64 PASSED SEPTEMBER 2, 2003;
TO MODIFY SECTION 1. TO ALLOW A MINIMUM STREET SIDE YARD
SETBACK OF SEVEN FEET SIX INCHES FOR THE FIRST FLOOR OF
ALL TOWNHOME LOTS AND TO ALLOW A MINIMUM STREET SIDE
YARD SETBACK OF TWO FEET TEN INCHES FOR SECOND STORY
PATIO AND FOUR FEET FOUR INCHES FOR SECOND STORY BAY
WINDOW ON TOWN HOME LOTS 20, 21, 25, 30, 31, 45, 50, 53, 54 AND
57, WHERE A MINIMUM STREET SIDE YARD SETBACK OF SEVEN
FEET SIX INCHES WAS ALLOWED BY RESOLUTION NO. 2003-64;
FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET,
CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Merco Group at Aventura Landings I, II and III, Inc.,
was granted miscellaneous approvals by Resolution No. 2003-64 passed by the City
Commission of the City of Aventura on September 2, 2003; and
WHEREAS, the applicant has revised the site plan, which revision necessitates
modification to the previous approvals granted through Resolution No. 2003-64 to allow
a minimum street side yard setback of two feet ten inches for second story patios and a
minimum street side yard setback of four feet four inches for second story bay windows
on Lots 20, 21, 25, 30, 31, 45, 50, 53, 54 and 57 in the town home parcel, where a
minimum street side yard setback of seven feet six inches was allowed by Resolution
No. 2003-64.
Resolution No. 2004-52
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. The applicant's request to modify the following variance previously
granted by Resolution No. 2003-64:
1) Amend current Section 1 from:
"... to allow a street side yard setback of 7.5' for townhomes, where a 20'
setback is required by Code ..."
to:
"... to allow a minimum street side yard setback of 7.5' for the first floor of all
town home lots and a minimum street side yard setback of 2'10" for second story patio
and 4'4" for second story bay windows for townhomes on Lots 20, 21, 25, 30, 31, 45,
50,53,54 and 57, where a 20' setback is required by Code ..."
on property legally described in Exhibit "A" to this Resolution is hereby granted,
subject to the following conditions:
i) Plans shall substantially comply with those submitted as follows:
. "Terzetto Condominiums", Site and Building Area Calculations, Sheet A-1,
prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Condominiums", Approved Site Plan, Sheet A-2, prepared by Mouriz
Salazar, Architects & Planners, dated 8/02, last revised 6/13/03.
Resolution No. 2004-52
Page 3
. "Terzetto Condominiums", Proposed Site Plan, Sheet A-3, prepared by Mouriz
Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and
sealed 9/17/04.
. "T erzetto Condominiums", Approved Floor Plans, Sheet A-3.1, prepared by
Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04,
signed and sealed 9/17/04.
. "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-4,
prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-5,
prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-6,
prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-7,
prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Condominiums", Approved and Proposed Building Elevations, Sheet A-
8, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Condominiums", Approved and Proposed Building Elevations, Sheet A-
10, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised
9/15/04, signed and sealed 9/17/04.
. "T erzetto Condominiums", Approved and Proposed Shadow Study, Sheet A-11,
prepared by Mouriz Salazar, Architects & Planners, dated 6/04, signed and
sealed 9/17/04.
. "Terzetto Condominiums", Approved and Proposed Apartment Building Floor
Plans, Sheet A-12, prepared by Mouriz Salazar, Architects & Planners, dated
2/20/04, last revised 9/15/04, signed and sealed 9/17/04.
. "Terzetto Condominiums", Approved and Proposed Apartment Building Floor
Plans, Sheet A-13, prepared by Mouriz Salazar, Architects & Planners, dated
6/04, last revised 9/15/04, signed and sealed 9/17/04.
. "Terzetto Villas", Site Data Calculation, prepared by Mouriz Salazar, Architects &
Planners, Sheet A-1, dated 2/20/04, last revised 9/15/04, signed and sealed
9/17/04.
. "Terzetto Villas", Approved Site Plan, prepared by Mouriz Salazar, Architects &
Planners, Sheet A-2, dated 8/02, last revised 9/15/04, signed and sealed
9/17/04.
. "Terzetto Villas", Proposed Site Plan, prepared by Mouriz Salazar, Architects &
Planners, Sheet A-3, dated 8/02, last revised 04/19/04, signed and sealed
9/17/04.
Resolution No. 2004-52
Page 4
. "Terzetto Villas", Townhouse Lot - Layout Plan, prepared by Mouriz Salazar,
Architects & Planners, Sheet A-4, dated 8/02, last revised 9/15/04, signed and
sealed 9/17/04.
. "Terzetto Villas", Townhome Buildings - Approved and Proposed, Sheet A-5,
prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Villas", Townhouse Floor Plans, Sheet A-6, prepared by Mouriz
Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and
sealed 9/17/04.
. "Terzetto Lofts III", Site and Building Area Calculations, Sheet A-1, prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
. "Terzetto Lofts III", Approved Site Plan, Sheet A-2, prepared by Mouriz Salazar,
Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed
9/17/04.
. "Terzetto Lofts III", Proposed Site Plan, Sheet A-3, prepared by Mouriz Salazar,
Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed
9/17/04.
. "Terzetto Lofts III", Approved Loft Building Floor Plans, Sheet A-4' prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
. "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-5, prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
. "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-6, prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
. "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-7, prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
. "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-8, prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
. "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-9, prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
. "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-10, prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
. "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-11, prepared by
Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed
and sealed 9/17/04.
Resolution No. 2004-52
Page 5
. "Terzetto Lofts III", Approved and Proposed Loft Building Elevations, Sheet A-12,
prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Lofts III", Approved and Proposed Loft Building Elevations, Sheet A-13,
prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Lofts III", Approved and Proposed Loft Unit Plans, Sheet A-14,
prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised
9/15/04, signed and sealed 9/17/04.
. "Terzetto Lofts III", Approved and Proposed Loft Unit Plans, Sheet A-15,
prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised
9/15/04, signed and sealed 9/17/04.
ii) All other conditions of Resólution No. 2003-64 not modified or deleted by this
Resolution shall remain in full force and effect.
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 Cohen, who moved its
adoption. The motion was seconded by Vice Mayor Diamond, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
yes
no
yes
yes
yes
no
yes
Resolution No. 2004-52
Page 6
PASSED AND ADOPTED this 5th day of October, 2
, MAYOR
APPROVED AS T EGA"l SUFFICIENCY:
~~
CITY ATTORNEY
This e olution was filed in the Office of the City Clerk this r:!::. day of October, 2004.
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Legal Description
Trod "A'"
The North ~10,86 feet of the follo'¡"gd..cnbed propertr
A p""J~ of "" South.", 1/<, of f,octionoi Scct;"" J. To.n$hip 52
mil\. R""ge <2 EO$I.. Miami-Oode County. f1o<ida. bong more
porliculorly described as Icllow"
Be<¡in at the Southnl com« or the Northw..t 1/<, of the mlneo.t
1/4. of the South...! 1/4. of said Frocüancl Sc:çt;Qn 3; thence
N89deg59mn26sccW. clang lhe South line of the Northeosl 1/4. 01 the
South..sl 1/4. al the South..st 1/4. of said Secüan 3. lor 80,21
fee~ thence NoodegO1mn45secE lor J10.B6 feet to a point an Q cur<t
(said point bears SOOdcQO8min15secW from the ro..us point of .the
nod described circuiar curve); thence Southeoslorly, oIong a circuier
cur-... la the lel\ (cone... to the Northeast). ho'lÎng a racr"s of. 694,69
feet and a cen!rol angle 01 OOdegO6mNOsec lor an ore cislance .of
1.J1 feel to a po;"t of tangency, thence S89deg58mnl5;ec£, along a
I;"e pOI"ald "ith end 20.00 leet Soulh of as meolUr~ at ri<¡ht onr¡.e
ta the North rac 01 the South 1/1.. 01 the North.est 1/4 o( Ihe
Southccst 1/4. o( the .South"cSt 1/4. of sold Sc:Mn 3. Ia<' 431.94
lee~ thence SOOde9OOmin45sccW. clang the Westerly Right-of-Way r"e
al N.E. 281h Court end Its Southerly proIan<¡oüan a$ rcccrdcd'~
Officio( Rceards BccI< 6088, Page 160 01 IRe PWrtC Recon!s 01
~e c-ty, F\oñdo, for 760.62 leet Ulcnco
N89dcg59min%5scç\\', Glong 0 lac parclld wIUI end -H9.l1 (eet South
of. os mccoured 01 ri9hl angles to the North rile o( the Soulh.esl.
1/4, of the SClilhwcst 1/4.. 0(. the Southwesl 1/4, af said Section 3.
for 3o\ó.87 (eet Ihenee NOOdeg46min5:1JeeW. clang the East r", of the
Southwest 1/4, 01 the'South"cst 1/4, 01 sold Section 3, (or -H9.95
feel to the POINT Of BEGINNING. l)Í11g and bong n loIioml-Cade.
Counly, f1ocida.
TRACT "B":
The South 449.91 feet of the' follo.ing described property.
A porüan of the Southw"t 1/4 of FraeUanoi Sccüan 3. To.Mllip 52
South. Range 42 EosL loIicmi-Oode County. Florida, being mere
pa-tic:ular1y ducribed os loIIo"s:
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Begin 01 the South"esl cornet'of the Norlhwesll/4 01 the Southeast
1/4 of the South"cst 1/4 af sold FracUancC ~: 3; thence
N89dcg59min2,5$cc'«, along the South line of the NorlhcoSll/4 of the
South"..l 1/4 'Or" Ih< South"csll/4. of said Sc:cüan 3, fer .80.21
feet thence NOOdcgOlmin45scC£ lor 310.~ leel \4 a peal an a
........ (sa<d point~...... SOOd~int5scc'N from the raäus poinl of .
the .cst ducribcd ciroAcr """'); thence Southeost.rty; dang 0 .
cicculcr........ to tha Ion. {concave ta the Northeasl~ hoW\g.G. .
n>dius .f 694.69 leet and . ecnlrol angle 01 OOdegO6mn3Qsee lor an
ere cis\ancc of 1.31 .Iecl to a poinl of 'tangency, thence
S89deg58mInI5scc£. clang a r..e pa-ctld "ith and 20.00 leal South
of os m....,red a\ ri9hl ongtes to, the' North line of the South 1/2
of the Norlh"..l 1/4 of the Southeast 1/4 of -the Southwest 1/4 01
sold Sc:clion 3. ler 431.94 fea~ thence SOO<!egOOmin45sccYl, dang
the. Westerly Right-of-Way r". of 11.(, 28th Court end Its Southerly
prolongation os reccrdcd in {Omciol Records Book 6088. Page 160
of the Public Records of l.Iiami-Dade County. f1ocida, lor 7s0.62
loot thence N89deg59min25sacW, clang 0 line poral<l 'IIIth and
449.91 feet South of. as mccsured 01 tic¡hl angles 10 the North r".
of the Southw..t 1/4 01 the Southwest 1/4 of the SouUl"est 1/4 of
said Seelion 3. fer 3o\ó.87 lcel; thence NOOde<¡46mln5:1JccW, clang
the Easl rae o( the South"..t 1/4 of the Southwest 1/4. of soid
SccUan 3, ler -H9.95 (eel ta the POINT Of BEGlHHlHG, l)ÍI1g and
being in lIiornl--oade County, f1ocida.
.
¡RACT"C",
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A portion or the (osl 1/2 of 'he South-est 1/' of the Southeo,t 1/<
of the Southwest 1/' of Fractional Section ~ TQwnsh~ 52 South
Rongc ~2 tasL l.Iìcrni-Dode Counly, f1orido. be~q more ¡xr'Jc:ulcr1y'
described as follows:
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Commence 0' the NO<'th_"t comer of the East 1/2 of the Southw"l
1/' .Of the Southeast 1/4 of the South-esl 1/4 or said Fractional
Section J: thence' run S89deg59min25scc€; oIanq the North bc<..<1dary- o!--..
the (ost 1i2 af the Southwest 1/4 of the 5cutheasll/4 of the
Southwesl1/' of said fractional Sccijan 3, a dislonce ai, 90,17 -- -
fed 10 the poinl of nt"seetion with EO$t Ri<¡t1l-of-Woy bound")'
of Northeast 28th Court as described in that certain Ri<¡t1l-of-Way
Deed to Oede County, lied an September 10, 1968, in Offieiol
Records Book 6088. Page 160 of the Public Records of Miomi-Oade
Cou~lY, Acrida. beIng the POINT Of BEGINNING of the parcel of land
here.,otter 10 be ducri>ed: th,,"oe run SOOde<¡00m;n45secW olano the
aforesaid, des~ed ~...e. a distance of 361.28 lecl' la the point of
...¡m..l,an with a I.,e that is :300.00 rect North of and 'p1'Ì"alel
to the South bou~dcry of the East 1/2 of the 5outhwut 1/4 of the
5outheost 1/4 of the Southcsl 1/4 of laid Fructionol Sc:cijon 3-
thence run N89deg57min5-4lcc€ GIani¡ the last described Iin..'o
distance of 2d'd.28 feet 10 a pmt laid poinl' being 46~75, feel
Wesl af the E..l boundat)' of the Southwest 1/4 c( the Southeast 1/4
of lIIe South.est 1/4 of said, fructianal 3; lIIenec Nn
NOOdegOOmin45sccE oIong 0 rl1e thaI Is 2OQ.28 lecl Easl åf end
pardi" 10 the scid East bcundat)' 01 tlD<thcast 28th c-t. 0
c!islonce 01 361.18 feet to lIIe point of i:1te,...cticn with the tlorth
boundary of the 5outhwesll/, of the Southeooll/4 af the 5outh.est
1/4 of laid froctiancl ~eetion J; thence" run N89deq59min25sccW
oIang the losl dcsaibed I".. a diStance or 200.28 fcet to the ..
POINT Of BEGINNING;" , , . - ,-, -.'"
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ROAD TltAcr:
That portion of a 70,00 feet' wide Right-of-Way lor N.E. 28th court as
de.cri:Jed In Official Recordl Sack 6068. ot Pag~ 160 of the Pubtie Records of
Miami-Dade Counly. FlorldA, I)Ó'\O South of the Harth lin" of the Eo.t 1/2.. of
the Southwest 1/4. of \he Southeast 1/4. of the South.....t 1/'. of Secllon ~.
Townlliip 52,Soulh; Range 42 Eall, CIty of AYtntlKa, ).I'oaml-l>ode County.
FI<xida.' '
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JoI.SO KNO'M-I AS:
'". portion of the East 1/2. of the South...est 1/4. of the sOutheast 1/4. 01 the
S""lhwcst 1/4 of FractlanC Section 3. Township 52 South, Ronqe 42. Eall" '
I,(¡oomi-Oade County. Florida. being mare particularly descri:Jed as fcllow'" - ,
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Commence at the Harthwcst comer of the Eosl 1/2.. of the South.cst 1/4. of
the Southeast 1/4. of the Southwest 1/4, of laid Sectlan~; thence
S/l9de<¡59min251ccE, along the Horth Une of the Eost 1/2. of the Southwest
1/4. of the Southeast 1/4. of the Southwest 1/4. of laid Section ~. for a
distance of 20,17 feel to Its intersection .Ith the' West Righ\-ol-Woy Une of
Hartheost Wth Court. as described in that ecrlain Righ\-of-'Hoy Oeed to
I,(¡"mi-l>"de County. Red on Se¡>tcmb~ 10th. 1968. in Ofticiol Record. Boo\< ,
6088. Page 160 01 the Public Records of MIomI-Oode County, florida. sold paint
cI.o being the POIHT Of" BEGlNHII<G of the hereinafter described Pared of L"n~:
thence conllnue S89deq59min25sec(, olong the last ducri:Jed lin.. a distance
of 70.00 feet to III intersection with Eo.t Rlght-of-Woy'Un, of laid Hortheost
28th Court: thence SOOdec¡Olmin45sccW. oI""g ",Id East Right-of-way Une 01
Harthe.st 28th Court. far «9.95 Ice\; thence H89deq59min25secW for 70.00
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feel to ill interseclion with said West Right-cf-woy Úne at Northccst 28th
Court: thence NOOdegOtm;,,<5,ec(, olo,'g '0;0 west Right-of-way Une of
Northeast 28th Court. fet +49,95 feet ¡" the POINT Of 8EQNNINC,
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LESS:
. portion of the Eost 1/2. 0/ the Southw..t 1/4. of the SC<Jtheost 1/~. of the
Southw..t 1/4 0/ Fraction'" Section 3, Township 52 SC<Jth. Ronge 42 East.
"';omi-Oode County. Aonda, bc;"g more particularly dcsaibed os follow"
Commence at the Northwest corner oJ the East 1/2. of the Southwest 1/<, of
the Southeo,' 1/4, 0/ ¡he Southw..t I/~, of, said Section J; thence
S89deg59min25secE:, along lhe North l.ir1e of the East 1/2. of lhe South....t
1/4, of lhe S""theost 1/4. of the S""thw..t 1/<, of said Section 3. /0( 0
cfoslonce of 90,17 feet 10 Its intersection with the Eo~ Right-of-Way l.ir1e of
Nartheost 28th Court, as described;" that <ortain RighI-at-Way Deed to
""Iomi-Dode County. filed an Sep'""ber 10th. 1968. in Offic;o/ Recards 8OQk
6088. Page 160 of the Public Records of Miami-Dade Counly. Aorida; thence
SOOdegOlmln45secW. oIang the last described line for 361.33, feel to the POINT
Of" BEGINNING of the hereinafter desaibcd Poreel of Lond: tn.en.e
SoodegOlmin4SsecW for ðð.62 f"t; then<o N89dcgS9min25sceW for ~5.oo f"~
thence NOOdeqO1mõn45secE ,for 86.60 fcet; thence H89deq57min54..cE fO(,35.oo
"'I to the POINT Of" BEClNH1NG. -
Canlainlng 26.395.07 Squore feet end/or 0.65 Acres m.O(e or '..s.
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