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HomeMy WebLinkAboutResolution No. 2026-22 KLA Academy Variances Approvals VAR2601-0001 - March 3, 2026CITY OF AVENTURA RESOLUTION NO. 2026-22 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES FROM THE CITY'S LAND DEVELOPMENT REGULATIONS SECTION 31-144(F)(4)C TO PERMIT SETBACKS OF EIGHT FEET (8') WHERE 10 FEET (10') IS REQUIRED FOR THE FIRST TWO (2) STORIES AND 15 FEET IS REQUIRED FOR THE REMAINING STORIES, AND SECTION 31- 144(F)(4)(D)3 TO PERMIT A MINIMUM LANDSCAPED OPEN SPACE OF 30% WHERE 33% IS REQUIRED, FOR THE PROPERTY LOCATED AT 2740, 2750, 2760, 2770, AND 2780 NE 208 TERRACE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the applicant, Bercow, Radell, Fernandez, Larkin & Tapanes, on behalf of KLA Academy Aventura LLC, through Application No. VAR2601-0001 ("Application"), is requesting a variance from Section 31-144(f)c to permit: 1) a side street setback of eight feet on the north side of the property, where ten feet are required for the first two stories and fifteen feet are required for the remaining stories; and 2) a side street setback of ten feet on the south side of the property for levels three (3) and above, where fifteen feet are required; and WHEREAS, the applicant, through the same Application, is requesting a variance from Section 31-144(f)(4)(d)3 to permit a minimum landscaped open space of 30% where 33% is required; 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 31-144(f)c to permit: 1) a side street setback of eight feet on the north side of the property, where ten feet are required for the first two stories and fifteen feet are required for the remaining stories; and 2) a side street setback of ten feet on the south side of the property for levels three (3) and above, where fifteen feet are required and variance from Section 31-144(f)(4)(d)3 to permit a minimum landscaped open space of 30% where 33% is required, to facilitate the redevelopment of the Property legally described in Exhibit 1", is hereby granted. City of Aventura Resolution No. 2026-22 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. 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 Ain, and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Yes Commissioner Gustavo Blachman Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Cindy Orlinsky Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes PASSED AND ADOPTED this V day of March, 2026. Page 2 of 3 City of Aventura Resolution No. 2026-22 145"vV H WARD S. WEINBERG, ES MAYOR ATTEST: ELLISA L. HORVA , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 EXHIBIT till/ LEGAL DESCRIPTION Lots 7, 8, 9, 10, 11 and 12, Block 2, of HALLANDALE PARK No. 9, ACCORDING TO THE Plat thereof, as recorded in Plat Book 23, Page 26, of the Public Records of Miami Dade County, Florida. and Lots 13, 14, 15 and 16 in Block 2, of HALLANDALE PARK No. 9, according to the Plat thereof as recorded in Plat Book 23, Page 26, of the Public Records of Miami -Dade County, Florida