Resolution No. 2023-55 Granting a Variance for 20605 NE 34 Ave. (Aventura Harbor) - October 3, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-55
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-
143(E)(3)(B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT A HEIGHT OF 15 STORIES (192 FEET) WHERE A HEIGHT OF
7 STORIES (80 FEET) IS PERMITTED FOR THE PROPERTY LOCATED
AT 20605 NE 34 AVENUE, IN THE CITY OF AVENTURA; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property at 20605 NE 34 Avenue and legally described in Exhibit
"A" is zoned RMF3A, Multifamily Medium Density Residential District; and
WHEREAS, the Applicant, Rosenthal Rosenthal Rasco LLC, on behalf of Aventura
Harbor Property LLC, through Application No. VAR2305-0001 , is requesting a variance
from Section 31-143(e)(3)(b) of the City's Land Development Regulations to permit a
height of 15 stories (192 feet) where a height of 7 stories (80 feet) is permitted; 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. The request for variance from Section 31-143(e)(3)(b) of the City's
Land Development Regulations (LDRs) to permit a height 15 stories (192 feet) where a
height of 7 stories (80 feet) is permitted, on property legally described in Exhibit "A", is
hereby granted exclusively to the Applicant, subject to the following conditions:
1 . Drawings as provided to the Community Development Department on May 3, 2023
and September 26, 2023, unless otherwise subsequently amended by Administrative
Site Plan Approval ("ASPA"). The plans will be reviewed under ASPA regulations, the
RMF3A zoning district regulations and all other applicable regulations as provided
within the City of Aventura Land Development Regulations.
2. A building permit for the project 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. The City Commission may, at a regular
or special meeting, grant up to a six- month extension request for good cause shown
by the applicant.
City of Aventura Resolution No. 2023-55
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.
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 Vice Mayor Bloom, who moved its
adoption. The motion was seconded by Commissioner Stern, 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 V day of October, 2023.
Page 2 of 3
City of Aventura Resolution No. 2023-55
•
-
• . H WARD S. WEINBERG, ES
MAYOR
ATTEST-
ELLISA L. HORVAT MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 3rd day of October, 2023.
ELLISA L. HORVAT 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)