Z-96-6-ACC-2 CITY OF AVENTURA
RESOLUTION NO. Z-96-6-ACC-2
WHEREAS, Jack Davis, Trustee, hereinafter referred to as
"Applicant," has applied to the City of Aventura for the following
zoning approvals (the "Application") for that certain property at
the Southeast corner of N.E. 214th Street and E. Dixie Highway in
Aventura, Florida (the "Property") as legally described on Exhibit
"A" attached hereto:
Item
1. Rezoning of Property from RU-3M to RU-5A;
2.(a) Non-use variance of Zoning regulations to
permit interior right-of-way of 20' o_~r
alternatively,
(b) A non-use variance of setback requirements to
permit setback of 10' (15' required) from the
side street (north) property line.
WHEREAS, 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 in
accordance with public notice as required by law; 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 rezoning and alternatively sought non-use variance (Item
#2(b)), as specifically provided below is justified and does meet
the requirements 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. The City
Council specifically finds that the rezoning is consistent with the
Comprehensive Plan upon the basis that denial of the rezoning would
constitute fundamental unfairness which would arise from a strict
application of the Comprehensive Plan.
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 applicable conditions set
forth below, as follows:
A. The above stated recitals and findings are
incorporated by reference.
B. The Property is hereby rezoned from RU-3M to RU-5A.
C. The requested non-use variance of setback
requirements to permit a proposed office building
to be setback 10' from the side street property
line, under circumstances in which a 15' setback is
required 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: That the conditions hereby
established upon the non-use variance (Item 2(b)) granted above are
as follows:
A. Final site plan and landscaping shall be subject to
approval by the City Council.
B. Relocation of the proposed trash dumpster shall be
reflected in such Site Plan.
C. The non-use variance is subject to the further
condition that the development conform to the
representations made to the City Council at the
public hearing and conform to those certain plans
entitled "East Drive Plaza" dated revised, November
1, 1995, as prepared by Nilo D. Monteserin,
Architect.
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.
Section 4. That 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. ~f~!~l~. i~
PASSED AND ADOPTED this 18th day f ~_
ARTHUR I. SNYDER~, MA OR
CITY CLERK ~
APPROVE~ AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
328001\RESOLUTION\DAVIS. 925
HEARING NO. 96-6-ACC-2 (95-555) ~X~2~'~2t7"~ t~/~ x~ 34-51-42
District 4
APPLICANT: JACK DAVIS, TRUSTEE
(1) RU-3M to RU-SA
(2) NON-USE VARIANCE OF ZONING REGULATIONS requiring interior rights-of-way to be 50'
wide; to vary same to permit a fight-of-way of 20' (25' required) on the south side of ~q.E 214th
Street.
OR IN THE ALTERNATIVE TO REQUEST #2, THE FOLLOWING:
(3) NON-USE vARIANcE OF SETBACK REQUIREMENTS to permit a proposed office building
setback 10' (15' required) from the side street (north) property line.
Plans are on file and may be examined in the Zoning Department entitled "Ea~ Dixie Plaza," as prepared
by Nilo D. Monteserm, Architect, dated last revised 11-1-95, and consisting of 3 sheets. Plans ma5' be
modified at public hearing.
SUBIECT PROPERTY: Lots 6 & 7, less the east 17.27' thereof and all Lots 1, 2, 3, 4, 5, I0 & 11 of
Block 33 together in HALLANDALE pARK, Plat book 12, Page 37.
LOCATION: The Southeast corner of N.E. 214 Street & East Dixie Highwy, Dade County, Florida.
SIZE OF PROPERTY: .98 Acre
RU-3 M (Mimmum Apartment House 12.9 units/net acre)
RU-SA (Senti-professional Offices)