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Resolution No. 2023-70 Variance Approval for Public Storage - 21280-21288 Biscayne Blvd. (VAR2310-0001) - November 7, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-70 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31- 171(B)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW 60 PARKING SPACES WHERE 103 PARKING SPACES ARE REQUIRED; GRANTING A VARIANCE FROM SECTION 31-144(F)(4)D3 TO PERMIT 28% OF THE TOTAL LOT AREA TO BE LANDSCAPED OPEN SPACE WHERE 33% OF THE TOTAL LOT AREA IS REQUIRED TO BE LANDSCAPED OPEN SPACE FOR THE PROPERTY LOCATED AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property, legally described in Exhibit "A", is zoned MO, Medical Office District; and WHEREAS, the applicant, PS Aventura Biscayne 2013 LLC and Public Storage Properties VI, Inc. (collectively "Public Storage"), through Application No. VAR2310- 0001("Application"), is requesting a variance from Section 31-171(b)(7) of the City Code to permit 60 parking spaces when 103 parking spaces are required; and WHEREAS, Public Storage, through the same Application, is requesting a variance from Section 31-144(f)(4)d.3 to permit 28% of landscaped open space where 33% of the total lot area is required to be landscaped open space; and WHEREAS, following proper notice, the City Commission 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 for variance from Section 31-171(b)(7) of the City Code to permit 60 parking spaces where 103 are required and variance from Section 31- 144(f)(4)d.3 to permit 28% of landscaped open space where 33% of the total lot area is required, at the Property legally described in Exhibit "A", is hereby granted exclusively to the applicant. 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. City of Aventura Resolution No. 2023-70 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 Commissioner Joel, who moved its adoption. The motion was seconded by Vice Mayor Kruss, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss Yes Mayor Howard S. Weinberg Yes PASSED AND ADOPTED this 7th day of November, 2023. WARD S. WEINBERG, E MAYOR ATTEST: ELLISA L. HORVAT C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 3 City of Aventura Resolution No. 2023-70 EXHIBIT"A" Legal Description THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO THE POINT OF BEGINNING (P.O.B.)THENCE RUN SOUTH 1°1532" EAST, A DISTANCE OF 149.73 FEET; THENCE RUN NORTH 890 5741" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 8905741" EAST ACROSS LOT 4, A DISTANCE OF 242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63 FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94 FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.). AND PARCEL: 1 BEING A PORTION OF THE SW 1/4 OF THE NE 1/4 OF THE NW 1/4 AND SE 1/4 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SW 1/4 OF NE 1/4 OF NW 1/4 LOCATED 273.00 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND 272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW 1/4 AND SE 1/4 793.84 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE SOUTH LINE OF SAID SW 1/4 AND SE 1/4 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING. PARCEL: 2 THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47 FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1; THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT 114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031,03", TO THE RIGHT ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA. 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