Resolution No. 2018-63 Conditional Use Approval for Rooftop Addition (Zucker - Application No. 04-CU-18) - July 10, 2018 RESOLUTION NO. 2018-63
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE CONSTRUCTION OF A ROOFTOP ADDITION TO AN
EXISTING RESIDENTIAL PENTHOUSE UNIT IN THE RMF4,
MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, WHERE THE
PROPOSED ADDITION HAS A HEIGHT OF 26 STORIES OR 272.5
FEET AND WHERE A MAXIMUM HEIGHT OF 25 STORIES OR 250
FEET IS PERMITTED BY CODE, FOR PROPERTY WITH MUNICIPAL
ADDRESS 20281 EAST COUNTRY CLUB DRIVE, PH4 AND PH6, CITY
OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the Applicants, Herbert and Cynthia Zucker, through Application No.
04-CU-18, have requested conditional use approval to permit the construction of a
rooftop addition to an existing penthouse unit at the Hamptons West condominium
building with a maximum height of 26 stories or 272.5 feet, where a maximum height of
25 stories or 250 feet is permitted by Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission has reviewed the application for conditional
use and finds that the conditional use requested meets the standards for approval of
conditional uses as set forth in Section 31-73(c) of the City's Land Development
Regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 04-CU-18 for conditional use approval of a rooftop
addition to the existing residential penthouse, where the proposed addition has a height
of 26 stories or 272.5 feet and where a maximum height of 25 stories or 250 feet is
permitted by Code, on land described in Exhibit "A" is hereby granted, subject to the
following conditions:
1. The applicant shall obtain all necessary permits for the addition and for the first
floor interior remodeling; and
2. Plans submitted for building permits shall substantially comply with the plans
submitted as part of this application, subject to any necessary reduction in
proposed height which was stipulated to by the Applicant at the July 10, 2018
public hearing; and
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City of Aventura Resolution No. 2018-63
3. No building permit shall be issued for the rooftop addition, unless the
Condominium Association having jurisdiction over the improvements first
confirms in writing to the City, after the date of adoption of this Resolution, that
the construction of the improvements have been approved by the Condominium
Association; and
4. Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be null and void unless extended by a motion of
the City Commission; and
5. Any discontinuation of the approved conditional use for a period of one hundred
and eighty (180) consecutive days shall constitute abandonment and shall
rescind this approval.
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 Weinberg, who moved
its adoption. The motion was seconded by Commissioner Shelley, and upon being put
to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2018-6.3
PASSED AND ADOPTED this 10th day of July, 2018.
, ,0
ENID WEISMAN, MAYOR
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ATTEST:
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ELLISA L. HORVATH,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTOR EY
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City of Aventura Resolution No. 2018-63
EXHIBIT A
Legal Description of Land
Condominium Unit No. PH4 and Unit No. PH6 of THE HAMPTONS WEST, a
condominium, according to The Declaration of Condominium recorded in OR Book
12321, page 2200 and all exhibits and amendments thereof, Public Records of Miami
Dade County, Florida, together with an undivided interest in the common elements
appurtenant thereto.
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