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2005-050 RESOLUTION NO. 2005- 50 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT DRY CLEANING ON PREMISES FOR PROPERTY LOCATED AT 20708 BISCAYNE BOULEVARD, AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B1, Neighborhood Business District; and WHEREAS, the applicant, through Application No. 02-CU-05, has requested conditional use approval to permit dry cleaning on premises pursuant to Section 31- 144(b)(2)(f) of the City Code; 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 No. 02-CU-05 for conditional use approval to permit dry cleaning on premises, on property legally described in Exhibit "A" hereto, and located at 20870 Biscayne Boulevard, City of Aventura, is hereby granted subject to the following conditions: 1. Prior to issuance of a permit for installation of the dry cleaning machine, the applicant shall: i) Provide and record a covenant that dry cleaning services will be directly provided to the ultimate consumer only as a retail service, that no wholesale dry cleaning services will be conducted, that this Resolution No. 2005- 50 Page 2 iii) establishment will use only Class lilA, Class 1118 or Class IV solvents as defined in NFPA 32 and that the dry cleaning equipment shall be self-contained, completely enclosed and equipped with solvent recovery units which prevent emissions of objectionable odors or effluents. Provide a letter or other confirmation satisfactory to the City Manager from the Miami-Dade Department of Environmental Resources Management (DERM) that the "green earth" dry cleaners' waste product is a not considered a hazardous waste. Provide confirmation satisfactory to the City Manager of the adequacy of the collection, storage and disposal plan for used filters from the dry cleaning process, including location of storage of used filters prior to disposal. ii) 1. Permits for installation of the dry cleaning machine shall be obtained 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. 2. Any discontinuation of dry cleaning on premises at this location for a period of 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. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Auerbach, who moved its adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbáez-Weinberg Vice Mayor lev Auerbach Mayor Susan Gottlieb yes yes yes yes yes yes yes Resolution No. 2005-5~ Page 3 PASSED AND ADOPTED this 6th day of September, 2005. ~ ~taA- ~USAN GOTTLIEB, MAYOR APPROVED A TO LEGAL SUFFICIENCY: f~ CITY ATTORNEY as ile in the Office of the City Clerk this ~ day of September, 2005. LEGAL DESCRIPTION: Lots I, 2, 3. A and 5, in Block 6 of 'HALLANDALE PARK NO.9'. according to the PI at thereof. as recorded in PI at Book 23. at Page 26. of the Pub lie Records of Miami-Dade County. Florida. LESS thOse portions of Lots 2 through 5 inclusive, in Block 6 of said Plat of 'HALLANOALE PARK NO.9'. in the Northwest one Quarter (NH.I!A] of Section 34. TownShip 51 South. Range 42 East, being more particularly described as follows: Collmence at the Northwest corner of said Lot 2: thence along the North I ¡ne Of said Lot 2. North B7'45'57' East a distance of B.7!J0 meters (2B. 71 feet] to the POINT OF BEGINNING; thence continue along said North I ine. North B7' 45'57' East a distance of 0.734 meters (2.41 feet) to a point of curvature of a circular curve concave to the Southwest and having a radius of 7.620 meters (25.00 feet): thence run Northeasterly, Southeasterly and Southwesterly along the arc of said circular curve to the right through a central angle of IIA' 36' 07' for a distance of 15.241 meters (50.00 feet) to a point of tangency; thence along the Southeasterly I ine of said Lots 2 through 5, South 22' 22' 04' Hest a distance of 4B.73B meters (159.90 feet] to a point of curvature of a c i rcu I ar curve concave to the Northeast and hav i ng a rad i us of 4.572 meters (15.00 feet): thence run Southwesterly, Hesterly and Northwesterly along the arc of siad circular curve to the right through a central angle of 137'52'OB' for a distance of 11.001 meters (36.09 feet ; thence North 2B'A7' A2' East a distance of 52.203 meters (171. 27 feet); thence North 32' 3A' 55' Hest a distance of ILAIO meters (37.A3 feet] ti the POINT OF BEGINNING. PROPERTY ADDRESS: 2070B Bi scayne Boul evard, Aventura, Flori da, 331BO