2007-027
RESOLUTION NO. 2007-27
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31-171(a)(7) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A 5'5" PARKING PAVEMENT SETBACK, WHERE
A MINIMUM 10' SETBACK IS REQUIRED BY CODE; AND
GRANTING APPROVAL OF A VARIANCE FROM
SECTION 31-172(c)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A
LANDSCAPED DRIVEWAY SEPARATION OF 130',
WHERE A MINIMUM SEPARATION OF 330' IS REQUIRED
BY CODE FOR PROPERTY LOCATED AT 18450
BISCA YNE BOULEVARD, CITY OF A VENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Mario Kaller, through Application No. 01-VAR-07, is
requesting a variance from Section 31-171(a)(7) of the City's Land Development
Regulations to allow a parking pavement setback of 5'5", where a minimum 10' setback
is required by Code; and a variance from Section 31-172(c)(2) to allow a landscaped
driveway separation of 130', where a minimum separation of 330' is required by Code.
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:
Resolution No. 2007-27
Page 2
Section 1. Application for a variance from Section 31-171(a)(7) of the City's
Land Development Regulations to allow a parking pavement setback of 5'5", where a
minimum 10' setback is required by Code; and a variance from Section 31-172(c)(2) to
allow a landscaped driveway separation of 130', where a minimum separation of 330' is
required by Code, on property legally described as follows:
Portion of Tract A of Legg 184, according to the plat thereof as recorded in Plat
Book 129, Page 59 of the Public Records of Miami-Dade County, Florida, City of
Aventura, more particularly described in Exhibit "A"
is hereby granted, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
. "Kaller Retail Building", Cover Sheet, prepared by Joseph Kaller & Associates
P.A., signed and sealed 4/2/07
. Sketch of Survey, Sheet 1 of 1, prepared by Cousins Surveyors & Associates
Inc. dated 12/21/06, last revised 01/08/07, signed and sealed.
. "Kaller Retail Building", Planting Plan, Sheet L-1, prepared by Dave Bodker
Landscape Architecture/Planning Inc., dated 8/21/06, last revised 3/29/07,
signed and sealed.
. "Kaller Retail Building", Site Plan, Sheet SP-1, prepared by Joseph A. Kaller &
Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07.
. "Kaller Retail Building", Floor Plan, Sheet A-1, .prepared by Joseph A. Kaller &
Associates Inc. dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07.
. "Kaller Retail Building", Building Elevations, Sheet A-2, prepared by Joseph A.
Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed
04/02/07.
. "Kaller Retail Building", Building Elevations, Sheet A-3, prepared by Joseph A.
Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed
04/02/07.
2. Permits 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.
3. Prior to issuance of a building permit, the applicant shall provide a signed Lease
with FEC Railway for the installation of four (4) proposed parking spaces and
landscaping to the west of the property limit; such lease to be continued on an
Resolution No. 2007-27
Page 3
annual basis. The applicant shall provide a copy of the annual renewal of lease
to the City.
4. Prior to issuance of a building permit, the applicant shall record this resolution in
the Public Records of Miami-Dade County. All expenses of such recordation
shall be borne by 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.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Commissioner Stern, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond no
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb no
Resolution No. 2007- /.'1
Page 4
PASSED AND ADOPTED this 1ih day of June, 2007.
~./L~
./SUSAN GOTTLIEB, MAYOR
,MMC
TO LEGAL SUFFICIENCY:
1'\
fil d i he Office of the City Clerk this / t./ day of June, 2007.
Resolution No. 2007-27
Page 5
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Tract A of Legg 184, according to the plat thereof as recorded in Plat Book
129, Page 59 of the Public Records of Miami-Dade County, Florida, being more
particularly described as follows:
Begin at the northwest corner of said Tract A;
Thence run South 78 degrees 32 minutes 43 seconds East along the north line of said
Tract A for a distance of 59.05 feet to a point on the arc of a circular drive, concave to
the west, the center of which bears North 76 degrees 20 minutes 45 seconds West
from said point;
Then run Southerly along the arc of said curve, having a radius of 5647.58 feet, through
a central angle of 01 degrees 09 minutes 46 seconds for an arc distance of 114.60 feet
to a point;
Then run North 76 degrees 18 minutes 50 seconds West along the south line of said
Tract A for a distance of 61.45 feet to the southwest corner of said Tract A;
Then run North 15 degrees 29 minutes 40 seconds East along the west line of said
Tract A for a distance of 112.35 feet to the point of beginning.
I111111 11111 11111 11111 1111 1 1111111111 11111111
C:FN 2OO7R0339314-
OR Bk 25878 P s 1991 - 1996; (6pss)
RECORDED 08/23/2007 2;;2-
tJij7 14:50:32
HARVEY RUV'IN, (:LERK. OF COURT
MIAMI-DADE COUNTYr FLORIDA
DOCUMENT COVER PAGE
(Space above this line reserved for recording office use)
Document Title: Resolution # 2007-27
Executed By: City of Aventura
To: Mario Kaller
Brief Legal Description: A portion of Tract A of LEGG 184,Plat Book 129, Page
(If Applicable) 59, Miami-Dade County, Florida aka 18450 Biscayne
Boulevard
Return Recorded Document to:
ALAN S. ROSENTHAL, ESQUIRE
Rosenthal Rosenthal Rasco
2875 N. E. 191st Street, Suite 500
Aventura, Florida 33180
(305) 937-0300
RESOLUTION NO. 2007-27
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31-171(a)(7) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A 5'5" PARKING PAVEMENT SETBACK, WHERE
A MINIMUM 10' SETBACK IS REQUIRED BY CODE; AND
GRANTING APPROVAL OF A VARIANCE FROM
SECTION 31-172(c)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A
LANDSCAPED DRIVEWAY SEPARATION OF 130',
WHERE A MINIMUM SEPARATION OF 330' IS REQUIRED
BY CODE FOR PROPERTY LOCATED AT 18450
BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Mario Keller, through Application No. 01-VAR-07, is
requesting a variance from Section 31-171(a)(7) of the City's Land Development
Regulations to allow a parking pavement setback of 5'5", where a minimum 10' setback
is required by Code; and a variance from Section 31-172(c)(2) to allow a landscaped
driveway separation of 130', where a minimum separation of 330' is required by Code.
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:
•
Resolution No. 2007-27
Page 2
Section 1. Application for a variance from Section 31-171(a)(7) of the City's
Land Development Regulations to allow a parking pavement setback of 5'5", where a
minimum 10' setback is required by Code; and a variance from Section 31-172(c)(2) to
allow a landscaped driveway separation of 130', where a minimum separation of 330' is
required by Code, on property legally described as follows:
Portion of Tract A of Legg 184, according to the plat thereof as recorded in Plat
Book 129, Page 59 of the Public Records of Miami-Dade County, Florida, City of
Aventura, more particularly described in Exhibit "A"
is hereby granted, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
• "Kaller Retail Building", Cover Sheet, prepared by Joseph Kaller & Associates
P.A., signed and sealed 4/2/07
• Sketch of Survey, Sheet 1 of 1, prepared by Cousins Surveyors & Associates
Inc. dated 12/21/06, last revised 01/08/07, signed and sealed.
• "Kaller Retail Building", Planting Plan, Sheet L-1, prepared by Dave Bodker
Landscape Architecture/Planning Inc., dated 8/21/06, last revised 3/29/07,
signed and sealed.
• "Kaller Retail Building", Site Plan, Sheet SP-1, prepared by Joseph A. Kaller &
Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07.
• "Kaller Retail Building", Floor Plan, Sheet A-1, prepared by Joseph A. Kaller &
Associates Inc. dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07.
• "Kaller Retail Building", Building Elevations, Sheet A-2, prepared by Joseph A.
Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed
04/02/07.
• "Kaller Retail Building", Building Elevations, Sheet A-3, prepared by Joseph A.
Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed
04/02/07.
2. Permits 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.
3. Prior to issuance of a building permit, the applicant shall provide a signed Lease
with FEC Railway for the installation of four (4) proposed parking spaces and
landscaping to the west of the property limit; such lease to be continued on an
•
Resolution No. 2007-27
Page 3
annual basis. The applicant shall provide a copy of the annual renewal of lease
to the City.
4. Prior to issuance of a building permit, the applicant shall record this resolution in
the Public Records of Miami-Dade County. All expenses of such recordation
shall be borne by 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.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Commissioner Stern, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond no
Commissioner Teri Hoizberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb no
• 4
Resolution No. 2007- A7
Page 4
PASSED AND ADOPTED this 12th day of June, 2007.
,Nlev,-,'k, ). --7. -14---
/SUSAN GOTTLIEB, MAYOR
ATT,/ST:
4'ESA M. • 'O MMC
CLER
A' 'ROVED A TO LEGAL SUFFICIENCY:
tat
CITY 0F.RNEY
This : -solutio w-.- --d i /he Office of the City Clerk this /`�day of June, 2007.
4 , ' 1,.._4 CLERK
4
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I,TE•• SA ,.SOROKA.MMC Ity Clerk of the
City• Aven rt
Florida,do csrtt !hat—
hat the
sand .Isa .�...yofthe
• .nal . aot•• f Ie In, • r
SS,my . Is r<_ .( ! 200
7_
4 ,Clerk of,• City of Ave tura
OR BK 25373 PG 1996
LAST PAGE
Resolution No. 2007-27
Page 5
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Tract A of Legg 184, according to the plat thereof as recorded in Plat Book
129, Page 59 of the Public Records of Miami-Dade County, Florida, being more
particularly described as follows:
Begin at the northwest corner of said Tract A;
Thence run South 78 degrees 32 minutes 43 seconds East along the north line of said
Tract A for a distance of 59.05 feet to a point on the arc of a circular drive, concave to
the west, the center of which bears North 76 degrees 20 minutes 45 seconds West
from said point;
Then run Southerly along the arc of said curve, having a radius of 5647.58 feet, through
a central angle of 01 degrees 09 minutes 46 seconds for an arc distance of 114.60 feet
to a point;
Then run North 76 degrees 18 minutes 50 seconds West along the south line of said
Tract A for a distance of 61.45 feet to the southwest corner of said Tract A;
Then run North 15 degrees 29 minutes 40 seconds East along the west line of said
Tract A for a distance of 112.35 feet to the point of beginning.