2006-057
RESOLUTION NO. 2006-57
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING
CONDITIONAL USE APPROVAL TO PERMIT THE
CONSTRUCTION OF A MARINA AND DRY DOCK BOAT
STORAGE BUILDING WITH A HEIGHT OF 90 FEET IN
THE TC2, TOWN CENTER MARINE DISTRICT, WHERE A
MAXIMUM HEIGHT OF 4 STORIES OR 50 FEET IS
PERMITTED BY CODE; GRANTING VARIANCE FROM
SECTION 31-145(c)(10) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT A VIEW
CORRIDOR OF 15 FEET WHERE A 66.76 FOOT VIEW
CORRIDOR IS REQUIRED BY CODE; AND GRANTING
VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT A
MINIMUM BUFFER STRIP OF 4'8", WHERE A MINIMUM
7' WIDE BUFFER STRIP IS REQUIRED BY CODE FOR
PROPERTY LOCATED AT 2890 NE 187 STREET, CITY
OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned TC2, Town Center Marine
District; and
WHEREAS, the Applicant, Hi Lift Marina LLC, through Application No. 01-CU-06,
has requested conditional use approval to permit the construction of a marina and dry
dock boat storage facility with a height of 90 feet, where a maximum height of 4 stories
or 50 feet are permitted by Code; and
WHEREAS, the applicant, Hi Lift Marina LLC, through Application No. 02-VAR-
06, has requested variance from Section 31-145(c)(10) of the City's Land Development
Regulations to permit a development with a view corridor of 15 feet, where a 66.76 foot
view corridor is required by Code and Variance from Section 31-221(i)(2) of the City's
Resolution No. 2006-57
Page 2
Land Development Regulations to permit a buffer strip of 4'8", where a minimum 7'
buffer strip is required by Code; and
WHEREAS the applicant has proffered a covenant prohibiting residential uses
on the site and the City Commission has accepted such proffer; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission has reviewed the application for conditional
use and finds that the conditional use requested meets the standards for approval of
conditional uses as set forth in Section 31-73(c) of the City's Land Development
Regulations; and
WHEREAS, the City Commission has reviewed the application for variance to
Section 31-145(c)(10) and finds that the variance requested meets the standards for
approval of variances as set forth in Section 31-76(e) of the City's Land Development
Regulations; and
WHEREAS, the City Commission has reviewed the application for variance to
Section 31-221(i)(2) and finds that the variance requested meets the standards for
approval of variances as set forth in Section 31-76(e) of the City's Land Development
Regulations; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2006-57
Page 3
Section 1. Application No. 01-CU-06 for conditional use approval of a 90 foot
tall building in the TC2, Town Center Marine District, on land described in Exhibit "A" is
hereby granted, subject to the condition in Section 4 of this Resolution.
Section 2. Application No. 02-VAR-06 for a variance from Section 31-145(c)(10)
of the City's Land Development Regulations to permit a 15 foot view corridor where a
66.76 foot view corridor is required by Code, on land described in Exhibit "A" is hereby
granted, subject to the condition in Section 4 of this Resolution.
Section 3. Application No. 01-VAR-06 for a variance from Section 31-221 (i)(2)
of the City's Land Development Regulations to permit a 4'8" foot buffer strip where a
minimum 7 foot buffer strip is required by Code on land described in Exhibit "A" is
hereby granted, subject to the condition in Section 4 of this Resolution.
Section 4. As a condition of approval of the conditional use and variances in
Sections 1 through 3 inclusive of this Resolution, the applicant shall deliver to the City,
in form satisfactory to the City Attorney, a covenant prohibiting residential uses on the
property described in Exhibit "A". Such covenant shall be recorded in the Public
Records of Miami-Dade County at the expense of the applicant.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Weinberg who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
yes
yes
no
yes
yes
yes
yes
Resolution No. 2006-..51-
Page 4
PASSED AND ADOPTED this 1ih day of September, 2006.
~~
....SUSAN GOTTLIEB, MAYOR
APPROVED AS TO LEGA~ SUFFICIENCY:
f,~
CITY ATTORNEY
Office of the City Clerk this ~ day of ~ 2006.
u...
Resolution No. 2006-~
Page 5
EXHIBIT "A
LEGAL DESCRIPTION:
PARCEL A-1
Commence at the Northeast corner of the NW 1/4 of the SE 1/4 of the SW 1/4 of
Fractional Secti'on 3, Township 52 South, Range 42 East, Miami-Dade County, Florida: thence
run North 0 degrees 39'25" West for a distance of 180.25 feet to a point; thence run North
89 degrees 20'35" East for a distance of 70 feet to 0 point on the East right-of-way line
of N.E. 29th Avenue; then-ce r,un South 0 degrees 3-9'25" East along the East right-of-way
line of N.E. 29th Avenue for 0 distance of 49,74 feet to the point of beginning of the
following described parcel and the point of curvature of 0 curve concave to the Northwest;
thence continue along said curve, having for its elements a radius of 198.90 feet, a central
angle of 90 degrees 42'40", for on arc di.stcnce of 314.90 feet to the point of tangency on
the South right-of-way line of N.E 187th Street; thence run North 89 degrees 56'45' West
along said South right~of-way line for a distance of 14258 feet to Q pOInt; thence run
South 0 degrees 02'30" West for 0 distance of 188.64 feet to 0 pOInt of curvature of a
curve concave to the Northeast; thence run along the arc of SaId curve, haVIng for Its
elements 0 radius of 30 feet, a central angle of 45 degrees 04'53" for 0 distance of 2.3.60
feet to a pOint of reverse curve; thence run along the arc of a curve concave to the
Southwest, having for its elements a radius of. 100 feet, a central angle of 21 degrees 29'05"
for a distance of 37.50 feet to a pOint on Said curve; said pOint beaflng North 66 degrees
26' 42" East from the center of said curve: thence run South 89 degrees 58'15" East for a
distance of 297.03 feet to a point; thence run North 0 degrees 39'25" West, 216.10 feet to 0
point; thence run North 88 degrees 51 '54" East for 0 distance of 20 feet .to a point: thence
run North 0 degrees 39'25" West for a distance of 225.41 feet to the point of beginning
PARCEL A-2
Together with the canot easement rights more specificaHy set out in easement agreement
executed by R.B. Gautier, Jr., individually and as Trustee, loined by hiS wife, Frances Gautier,
and Atlas Terminals of Florida, lnc. to North Dade Acres, nc., dated June 4, 1962, In OffiCIi)t
Records Book 3185, Page 743 of the Public Records of Mi,ami - Dade. County, Florida.
AND: PARCEL B - SUBMERGED PARCEL: WEST
A portion of the Tract "c", ATLAS TERMINAL RESIDENTIAL, according to the plot thereof as
recorded in Plot Book 146 at Page 18, of the Public Records of Miami-Dade County, Florida,
and being more particularly descflbed as follows:
Begin at the Southwest corner of said Tract "C"; thence N 00"39'25'" W along the West line of
said Tract "c" for 111 10 feet to the Northwest corner of said Tract "c", thence N 88'51'54"
E along the ~orth line C?f said Tract. "c" for 399.9~ feet to a pOint on the Southerly extension
of the West Ime' of Fortm, Leavy, Skiles, Inc., DraWIng Number 2099D-179-8, dated February
2, 2004; thence S 00'39'25" E along said Southerly extension of the West line of Fortin,
Leavy, Skiles, Inc., Drawing Number 20990-179-8, doted February 2, 2004, for 119.20 teet to
Q point on the South tine of said Tract "C"; thence N 89'58'36" W- along said South line of
Tract "c" for 399.93 feet to the Point of Beqinnmg.