Resolution No. 2016-46 Approving Variances for Utility Shed Accessory for Williams Island North Marina - July 12, 2016 RESOLUTION NO. 2016-46
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE TO
SECTION 31-238(j) OF THE CITY CODE TO ALLOW A 468 SQUARE
FOOT, 12 FOOT TALL ACCESSORY UTILITY SHED AT THE NORTH
MARINA AT WILLIAMS ISLAND, WHERE A MAXIMUM 100 SQUARE
FOOT, 8 FOOT HIGH UTILITY SHED IS PERMITTED BY CODE; AND
VARIANCE FROM SECTION 31-238(j) OF THE CITY CODE TO
ALLOW A FRONT YARD SETBACK OF 20 FEET 9 1/2 INCHES
WHERE A MINIMUM 25 FOOT FRONT YARD SETBACK IS
REQUIRED BY CODE, A NORTH SIDE YARD SETBACK OF 4 FEET
WHERE A MINIMUM 12 FOOT SIDE YARD SETBACK IS REQUIRED
BY CODE AND A 2 FOOT, 3 1/4 INCH REAR YARD SETBACK
WHERE A MINIMUM 12 FOOT REAR YARD SETBACK IS
REQUIRED BY CODE; ALL FOR A UTILITY SHED ACCESSORY TO
THE WILLIAMS ISLAND NORTH MARINA LOCATED AT 4100
ISLAND BOULEVARD, CU-2, CITY OF AVENTURA; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the applicant, HSH Willisle Marina Company LLLP, through
Application No. 04-VAR-16, is requesting a variance from Section 31-238 (j) of the City
Code to allow a 468 square foot, 12 foot tall accessory utility shed with reduced front
yard, north side yard and rear yard setbacks; 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 to Section 31-238(j) of the City Code to allow
a 468 square foot, 12 foot tall accessory utility shed at the Williams Island north marina,
where a maximum 100 square foot, 8 foot tall accessory utility shed is permitted by
City of Aventura Resolution No. 2016-46
Code, and to allow a front yard setback of 20 feet 9 1/2 inches, where a minimum 25 foot
setback is required by Code, and to allow a north side yard setback of 4 feet, where a
minimum 12 foot side setback is required by Code, and to allow a rear yard setback of
2 feet, 3 1/4 inches, where a minimum 12 foot setback is required by Code, on property
legally described in Exhibit "A" to this Resolution is hereby granted exclusively to the
Applicant, subject to the following conditions:
1) Plans submitted for building permit shall substantially comply with those submitted
as follows:
• "Williams Island Marina", Cover Sheet, Sheet A-0, prepared by Urvanx, dated
3/3/15, revised 8/12/15, signed and sealed.
• "Williams Island Marina", Drawing Index, Project Data & Site Map, Sheet A-1,
prepared by Urvanx, dated 3/3/15, revised 10/5/15, signed and sealed.
• "Williams Island Marina", Drawing Index, Project Data & Site Map, Sheet A-1.1,
prepared by Urvanx, dated 3/3/15, revised 5/24/16, signed and sealed.
• "Williams Island Marina", Site Plan, Sheet A-1 .2, prepared by Urvanx, dated 3/3/15,
revised 5/24/16, signed and sealed.
• "Williams Island Marina", Demo & New Floor Plans, Sheet A-2, prepared by Urvanx,
dated 3/3/15, revised 5/24/16, signed and sealed.
• "Williams Island Marina", Elevations, Sheet A-4, prepared by Urvanx, dated 3/3/15,
revised 5/24/16, signed and sealed.
• "Williams Island Marina", Site Lighting and Photometrics, Sheet LS-1, prepared by
Urvanx, dated 3/3/15, revised 5/24/16, signed and sealed.
• "Williams Island Marina", Planting Plan, Sheet L-1, prepared by EGS2 Landscape
Architecture, dated 03/03/15, revised 4/14/16, signed and sealed.
• Boundary & Topographic Survey, Sheet 1 of 1, prepared by Fortin, Leavy, Skiles,
Inc., plotted 3/16/16, signed and sealed.
• 300' Vicinity map on Topographic Survey, Sheet 1 of 1 , prepared by Fortin, Leavy,
Skiles, Inc., plotted 3/30/16, signed and sealed.
2) A building permit for the project shall be obtained by the owner 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. The City Commission may,
at a regular or special meeting, grant up to a six-month extension request for good
cause shown by the applicant.
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City of Aventura Resolution No. 2016-46
3) The applicant shall obtain all necessary permits from all governmental authorities
having jurisdiction, including approval for the waste oil tank from Miami-Dade County
Department of Environmental Resources Management.
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. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Commissioner Shelley, and upon being put to
a vote, the vote was as follows:
Commissioner Enbar Cohen Absent
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 12th day of July, 2016.
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City of Aventura Resolution No. 2016-46
647'. - ---
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVA Or C
CITY CLERK
APP OVED AS TO EcAL SUFFICIENCY:
H
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CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 13 day of 11,11/, 2016.
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CITY CLERK
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City of Aventura Resolution No. 2016-46
EXHIBIT "A" TO RESOLUTION NO. 2016-46
LEGAL DESCRIPTION OF LAND
A portion of Tract K and Tract J, WILLIAMS ISLAND FOURTH AMENDED, according to the
plot thereof, as recorded in Plat Book 153 at Page 43 of the Public Records of Miami-Dade
County, Florida, being more particularly described as follows:
Commence at the Northwest corner of said Tract J; thence N89°57'15"E along the North line of
said Tract J for 217.44 feet; thence S00°02'45"E for 12.76 feet to the POINT OF BEGINNING
of the hereinafter described parcel of land; thence S33°26'48"E for 2.74 feet; thence
S00°50'56"E for 18.62 feet; thence S88°53'17"E for 28.87 feet; thence S00°56'17"W for 27.32
feet; thence N89°03'43"W for 6.95 feet; thence S01°07'41"W for 34.10 feet; thence
S85°20'19"E for 22.22 feet; thence SO0°49'27"W for 8.36 feet; thence N86°48'30"W for 40.94
feet; thence S01°56'05"E for 6.36 feet to a point of curvature concave to the Northeast; thence
Southeasterly along a 7.00 foot radius curve leading to the left through a central angle of
95°06'09" for an arc distance of 11.62 feet to the point of tangency; thence N82°57'58"E for
12.10 feet; thence S02°04'15"E for 27.97 feet; thence S84°46'41"W for 14.45 feet to a point of
curvature concave to the Southeast; thence Southwesterly along a 5.00 foot radius curve
leading to the left through central angle of 87°04'33" for on arc distance of 7.60 feet to a point
of compound curvature concave to the Southeast; thence Southerly along a 259.48 foot radius
curve leading to the left through a central angle of 18°17'00" for an arc distance of 82.80 feet to
a point of compound curvature concave to the Northeast; thence Southeasterly along a 3.39
radius curve leading to the left through a central angle 85°54'58" for an arc distance of 5.09 feet
to a point of tangency; thence N85°06'06"E for 23.40 feet; thence 500'42'30"[ for 30.78 feet;
thence S82'06'28"W for 8.46 feet; thence SO4°28'13"W for 8.28 feet; thence S55°07'43"W for
4.20 feet; thence S24°53'02"E for 36.44 feet to a point of curvature concave to the Northeast:
thence southeasterly along a 308.06 foot radius curve leading to the left through a central angle
of 8°55'17" for an arc distance of 47.97 feet; thence N50°16"6"E for 20.13 feet; thence
S37°38'36"E for 64.28 feet; thence S27°14"9"W for 17.24 feet; thence S44°19'00"W for 13.52
feet; thence S62°44'09"W for 13.76 feet; thence N37°44'25"W for 41.93 feet to a point of
curvature concave to the Northeast; thence Northwesterly along a 194.76 foot radius curve
leading to the right through a central angle of 18°45'20" for an arc distance of 63.75 feet:
thence N24°14"5"W for 64.03 feet: thence N19°05'05"W for 58.11 feet to a point of curvature
concave to the Southwest: thence Northwesterly along a 9.58 foot radius curve leading to the
left through a central angle of 71°47'26" for an arc distance of 12.00 feet; thence N19°43'S3"W
for 19.27 feet; thence N59°18'S6"E for 2.99 feet to a point of curvature concave to the
Northwest; thence Northeasterly along a 10.00 foot radius curve leading to the left through a
central angle of 67°58'29" for an arc distance of 11.86 feet to a point of reverse curvature
concave to the East; thence Northerly along a 669.86 radius curve leading to the right through a
central angle of 5°40'35"for on arc distance of 66.36 feet; thence N01°24'42"W for 42.12 feet
to a point of curvature concave to the Southwest; thence Northwesterly along a 43.65 foot
radius curve leading to the left through a central angle of 51°18'50" for on arc distance of 43.66
feet to a point on a circular curve concave to the Northwest and whose radius point bears
N27°17'32"W; thence Northeasterly along a 395.00 radius curve leading to the left through a
central angle of 6°09' 16" for an arc distance of 42.43 feet to the POINT OF BEGINNING
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