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Resolution No. 2016-65 Sign Variance for Bagel Cove Restaurant (Parcel Cove LLC - 19001 Biscayne Blvd.) - November 1, 2016 RESOLUTION NO. 2016-65 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE BAGEL COVE RESTAURANT ON PROPERTY LOCATED AT 19001 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Parcel Cove LLC, through Application No. 03-SV-16, has requested a sign variance to permit a second wall sign measuring a total of 25.97 square feet on the west elevation of the Bagel Cove Restaurant in the Aventura Grand Cove plaza located at 19001 Biscayne Boulevard, where one wall sign measuring 127 square feet is permitted by Code and one wall sign measuring 50 square feet exists on the south elevation; 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 for the second wall sign 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 No. 03-SV-16 for Sign Variance to permit a second wall sign measuring 25.97 square feet on the west elevation of the Bagel Cove restaurant in the Aventura Grand Cove plaza located at 19001 Biscayne Boulevard, legally described in Exhibit "A" to this resolution, is hereby granted exclusively to the applicant, with the conditions that the wall sign on the west elevation substantially comply with the following plans submitted with this application, as follows: • Bagel Cove, Proposed West Elevation Sign Rendering, prepared by Future Signs & Services; • Bagel Cove Permit Drawing, Sign Details, Page 2 of 3, prepared by Future Signs & Services; City of Aventura Resolution No. 2016-65 • Bagel Cove Permit Drawing, Illuminated Channel Letters, Page 3 of 3, prepared by Future Signs & Services dated 3/17/2016; • Bagel Cove, Existing South Elevation Sign Rendering, prepared by Future Signs & Services. 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 Landman, and upon being put to a vote, the vote was as follows: Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Robert Shelley Absent Commissioner Howard Weinberg Yes Vice Mayor Marc Narotsky Yes Mayor Enid Weisman Yes PASSED AND ADOPTED this 1st day of November, 2016. Page 2 of 5 City of Aventura Resolution No. 2016-65 NID WEISMAN, MAYOR ji:LLL, ATTEST: ELLISA L. HORVA C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolutionf_ was filed in the Office of the City Clerk this 1'S4 — day of t\��em Ve l/, 2016. DA" CITY CLERK Exhibit "A" Legal Description of Property Page 3 of 5 4 City of Aventura Resolution No. 2016-65 THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST % OF SAID SECTION 3; THENCE NORTH 86'32'30" EAST 795.49 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 3 TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF ROAD NO.4 (U.S. HIGHWAY 1) AS PER FLORIDA'S STATE ROAD DEPARTMENT RIGHT-OF-WAY PLANS RECORDED IN BOOK 34 AT PAGE 53 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; THENCE SOUTH 0308'01" EAST FOR 209.97 FEET ALONG SAID EASTERLY RIGHT-OF- WAY LINE TO THE POINT OF BEGINNING; THENCE NORTH 86'32'30" EAST 299.54 FEET ALONG A LINE THAT IS PARALLEL WITH AND 210.00 FEET SOUTHERLY OF SAID NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 3, AS MEASURED ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3; THENCE NORTH 04'23'43" EAST 10.00 FEET; THENCE NORTH 86'32'30" EAST 75.00 FEET; THENCE SOUTH 04'23'43" EAST 50.00 FEET; THENCE NORTH 86'32'30" EAST 75.14 FEET TO A LINE THAT IS PARALLEL WITH AND PERPENDICULARLY DISTANT 100.00 FEET WESTERLY OF SAID EAST LINE OF THE NORTHEAST '/ OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3; THENCE ALONG LAST SAID PARALLEL LINE SOUTH 04'23'43" EAST 211.81 FEET TO A LINE THAT IS PARALLEL WITH AND PERPENDICULARLY DISTANT 200.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHEAST ' OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3; THENCE ALONG LAST SAID PARALLEL LINE SOUTH 86'29'21" WEST 455.22 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF ROAD NO.4 (U.S. HIGHWAY 1); THENCE NORTH 03'08'01" WEST 252.20 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. LESS AND EXCEPT A PORTION OF THE NORTHWEST % OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE WESTERLY 138.943 METERS (455.85 FEET) OF TRACT "B", REGINA SQUARE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 113, AT PAGE 27, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA, THIS POINT LYING ON THE EASTERLY RIGHT-OF- WAY LINE OF STATE ROAD NO.5 (U.S. NO. 1/BISCAYNE BOULEVARD). AS SHOWN ON SAID PLAT AND ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF- WAY MAP PROJECT NO. 41, NOW KNOWN AS SECTION 87030-2201, AS RECORDED IN PLAT BOOK 34, AT PAGE 53, OF SAID PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN NORTH 02'07'21" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 76.721 METERS (251.71 FEET) TO THE POINT OF INTERSECTION WITH A LINE 64.008 METERS (210.00 FEET) SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ' OF THE SOUTHWEST 1/4 OF SAID SECTION 3; THENCE RUN NORTH 87'34'55" EAST, ALONG LAST DESCRIBED PARALLEL LINE, FOR A DISTANCE OF 4.846 METERS (15.90 FEET) TO A POINT; THENCE RUN SOUTH 01'07'21" EAST FOR A DISTANCE OF 76.717 METERS (251.69 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID WESTERLY 138.943 METERS (455.85 FEET) OF TRACT "B"; THENCE RUN SOUTH 87'32'01" WEST ALONG Page 4 of 5 City of Aventura Resolution No. 2016-65 LAST DESCRIBED NORTHERLY LINE, FOR A DISTANCE OF 4.846 METERS (15.90 FEET) TO THE POINT OF INTERSECTION WITH SAID EASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD NO. 5 AND THE POINT OF BEGINNING. TOGETHER WITH NON-EXCLUSIVE EASEMENT CREATED BY INGRESS, EGRESS AND ACCESS EASEMENT FILED IN BOOK 16366, PAGE 1027. Page 5 of 5