Resolution No. 2023-53 Release of Restrictive Covenant (20605 NE 34 Ave.) - October 3, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-53
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RELEASING THE DECLARATION OF
RESTRICTIVE COVENANT REQUIREMENT SET FORTH IN
ORDINANCE NO. 2013-02 INTENDED TO RESTRICT THE ALLOWED
DENSITY ON A PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE
IN THE CITY OF AVENTURA TO NO MORE THAN FIVE (5)
RESIDENTIAL DWELLING UNITS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Applicant, Rosenthal Rosenthal Rasco LLC, on behalf of Aventura
Harbor Property LLC, ("Applicant") is requesting release from the Declaration of
Restrictive Covenant requirement set forth in Ordinance No. 2013-02 intended to restrict
the allowed density on a parcel of land located at 20605 NE 34 Avenue (the "Property")
in the City of Aventura to no more than five (5) residential dwelling units; and
WHEREAS, the Property is zoned RMF3A, Multifamily Medium Density Residential
District, which allows densities of 45 dwelling units per acre; and
WHEREAS, the Property consists of 0.51 acres of land and is allowed to build 22
dwelling units under the City's Land Development Regulations; 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 request meets the criteria of the
applicable codes and ordinances and it is in the best interest of the City to release the
Applicant from the Declaration of Restrictive Covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The request for release from the Declaration of Restrictive Covenant
requirement set forth in Ordinance No. 2013-02 intended to restrict the allowed density to
no more than five (5) residential dwelling units, on property legally described in Exhibit
"A", is hereby granted.
Section 2. The City Manager is authorized to issue permits in accordance with the
approvals and conditions herein provided and to indicate such approvals and conditions
upon the records of the City.
City of Aventura Resolution No. 2023-53
Section 3. The 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 Stern, who moved its
adoption. The motion was seconded by Vice Mayor Bloom, and upon being put to a vote,
the vote was as follows:
Commissioner Rachel S. Friedland No
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks No
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg No
PASSED AND ADOPTED this 3rd day of October, 2023.
HOWARD S. WEINBERG, EtQ.
MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 3
City of Aventura Resolution No. 2023-53
This Resolution was filed in the Office of the City Clerk this 3rd day of October,
2023.
ELLISA L. HORVATH, MMC
CITY CLERK
Page 3 of 3
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL A
AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010
PARCEL B
35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC
BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E
75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG
N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010
PARCEL C
35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN
AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA
MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80
DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2)
PARCEL D
AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT
N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05
2006 2(2)