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2002-031RESOLUTION NO. 2002- 31 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED PURSUANT TO RESOLUTION NO. 97-48 ADOPTED AUGUST 5, 1997; TO MODIFY CONDITION f. OF SECTION 4 OF RESOLUTION PROVIDING A MAXIMUM DURATION OF VARIANCES FOR FIVE YEARS AND 30 DAYS FROM THE DATE OF THE RESOLUTION; FOR PROPERTY LOCATED AT 2890 NE 187 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the applicant, Aventura's Finest Hand Car Wash inc., was granted miscellaneous approvals by Resolution No. 97-48 adopted by the City Commission of the City of Aventura on August 5,1997; and WHEREAS the applicant has requested a modification to extend the maximum duration of the variances granted for an additional two year period; 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 applicant's request to modify Condition f. of Section 4 of Resolution No. 97-48 for property legally described as: Part of the NW ¼ of the SE ¼ of the SW ¼ of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, City Of Aventura, more particularly described on Exhibit A to this Resolution is hereby approved for one year from September 4, 2002 to September 4, 2003, subject to the following conditions: Resolution 2002-31 Page 2 1. The applicant shall deliver to the City, within 30 days of the date of the resolution, a valid written renewal of the current lease for the approved extension period. 2. The applicant agrees not to apply to the City of Aventura for any future extension of time to operate the hand car wash at this location. The applicant shall continue to operate the hand car wash in accordance with the approvals issued by the Miami-Dade County Department of Environment Resources Management (DERM). This approval shall expire when the property to the immediate east is no longer used as a marina or changes from a marina use, whichever is the earliest. This approval is personal to the applicant and shall expire upon termination or expiration of the lease described above or upon abandonment of the hand car wash business or upon the sale or transfer of the hand car wash business or upon the sale or transfer of the applicant's corporation, or upon the sale or transfer of the assets of the applicant or by the principal of the applicant, Guillermo Freile, or upon the applicant's opening of the hand car wash business in a new location within the City of Aventura subsequent to the date of this Resolution. 6. All other provisions of Resolution No. 97-48 not modified or deleted by this Resolution shall remain in full force and effect. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Grossman, and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow yes yes yes yes yes yes absent from the mom Resolution 2002-31 Page 3 PASSED AND ADOPTED this 4th day of June, 2002. ATTEST: TEI~A M. SO);~KA, ~MC CITYJCLERK ~/ APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this Ju~20.02. of