Z-96-2-2 CITY OF AVENTURA
RESOLUTION NO. Z-96-2-2
WHEREAS, Barnes & Noble Booksellers, Inc., a Delaware
corporation, authorized to do business in Florida, hereinafter
referred to as "Applicant," has applied to the City of Aventura for
the following zoning approval (the "Application") for that certain
property at 18815 Biscayne Boulevard, Aventura, Florida (the
"Property") as legally described on Exhibit "A" attached hereto:
Item
1. Non-use variance of sign requirements to permit a third
proposed wall sign of 23.6 sq. ft.;
WHEREAS, at its meeting of April 18, 1996, the Metropolitan
Dade County Board of County Commissioners (the "Board")
relinquished jurisdiction of this Application and remanded this
matter to the City of Aventura City Council (the "City Council") in
accordance with City Ordinance No. 96-01 and City Council
Resolution No. R-96-12 ; and
WHEREAS, the public hearing by the City Council was held at
the time, date and place previously announced in open public
session by the Board at the time of making such remand; and
WHEREAS, the City Council has been advised that the subject
Application has been reviewed for compliance with concurrency
requirements for levels of service and, at this stage of the
request, the same was found to comply with such requirements; and
WHEREAS, upon due and proper consideration having been given
to the matter, it is the opinion of the City Council that the
requested non-use variance as specifically provided below is
justified and does meet the requirements of Section 33-311(2) of
the Dade County Zoning Code (the "Code"), as applied pursuant to
City Charter Section 8.03 and City Ordinance No. 96-01 (the
"Ordinance") and should be approved.
Section 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF AVENTURA that the Application be and the same is
hereby approved, subject to the conditions set forth below:
A. The requested non-use variance of sign requirements to
permit a third proposed wall sign of 23.6 sq. ft., (two wall signs
were previously approved one of 119.8 sq. ft. and one of 166.5 sq.
ft.) under circumstances in which no more than the two existing
wall signs are permitted under the zoning regulations in the
absence of this non-use variance, is hereby granted upon the basis
that such non-use variance, subject to the conditions set forth
below, will maintain the basic intent and purpose of the zoning,
subdivision and other land use regulations and will be otherwise
compatible with the surrounding uses and would not be detrimental
to the community.
Section 2. Conditions: The conditions hereby established
upon the non-use variance granted above shall be as follows:
A. The 23.6 sq. sign described above shall be designed,
constructed and installed in a manner which is harmonious with the
Aventura Mall entrance sign which is situated below the proposed
sign.
B. The non-use variance is subject to the further condition
that the sign conform to the representations made to the City
Council at the public hearing and conform to those certain plans
entitled Barnes & Noble Booksellers, dated revised, April 23, 1996
as prepared by North American Signs.
Section 3. That notice is hereby given to the Applicant that
the non-use variance request granted herein constitutes an initial
development order and does not constitute a final development order
and that one, or more, concurrency determinations may subsequently
be required before development will be permitted. The City Manager
or his designee is hereby authorized to make the necessary
notations upon the maps and records of the City of Aventura and to
cause the issuance of all necessary permits in accordance with the
terms and conditions of this Resolution.
PASSED AND ADOPTED this ~°~f~day of~i~ 1996.
A~HUR I. SNYDER,~MAYOR
ATTEST: ~ /~
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
SUBJECT PROPERTY: Tracts "A", "B" and "C", REGINA SQUARE SUBDIVISION, Plat book 113,
Page 27, less that portion of Tract "A" shown as Waiver of Plat D-14317, being more particularly
described as follows:
A portion of Tract "A", REGINA SQUARE SUBDIVISION, Plat book 113, Page 27, being more
particularly described as follows: Begin at the Nomhwe~, comer of said Tract .....
A, thence nm
S89°49'44"E, along the north line of said Tract "A", for a distance of 223.65' to a point; thence mn
S0°45'38"E for a distance of 348.36' to a point on the south line of said Tract ' ....
A , thence mn
N89°56'45"W, along the south line of said Tract "A",' for a distance of 73.5' to a point; thence nm
N0°45'38"W, along the west line of said Tract "A", for a distance of 133.51' to a point; thence nm
Ngg°49'44"W, along a south line of said Tract "A", for a distance of 75.14' to a point; thence nm
N0°45'38"W, along a west line of said Tract "A",. for a distance of 50' to a point; thence run
N89°49'44"W, along a south line of said Tract "A", for a distance of 75' to a point; thence nm
N0°45'38"W, along a west line of said Tract "A", for a distance of 165' to the Point of beginning.
AND:
A portion of Tract "A", REGINA SQUARE SUBDIVISION, Plat book 113, Page 27 being more
particularly described as follows: Begin at the Southeast comer of said Tract" ".
A, thence mn
N89056'45"W, along the south line of said Tract "A", for a distance of 361.66' to a po!m; thence nm
N0°3'I5"E for a distance of 149.5' to a point; thence nm Ngg°56'45"W for a digmnce Of 283.39' to a
point; thence mn N0°45'38"W for a distance of 198.74' to a point on the north line of said Tract "A":
thence mn S89°49'44"E, along the north line of said Tract "A" for a distanc~ of 619.04' to the Point
curvature ora circular curve to the right having a radius of 25'; thence nm SE/ly, along the Northeast line
of said Tract "A" and along the arc of said curve, for a distance of 38.92', through a central angle of
89°11'34" to the Point of t~'~gency; thence mn s0°3g°lD"E, along the earl line of s~d Tract "A", for a
distance of 322.28' to the Point ofbaginning.
LOCATION: 18815 Bisca.vne Boulevard, Dade Couns', Florida, and
PARAPEt TO TOP SiGN BAND
OF "D" 65' SIGN BAND d I I
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