2002-052RESOLUTION NO. 2002-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A PARKING PAVEMENT SETBACK OF 7' WHERE A 10'
PARKING PAVEMENT SETBACK FROM THE RIGHT-OF-WAY IS
REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-
171(a)(6) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW AN ENTRANCE DRIVE MEASURING 21' WIDE WHERE A
MINIMUM WIDTH OF 24' IS REQUIRED BY CODE; GRANTING
VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A 0' LANDSCAPED
BUFFER ON THE NORTH LIMIT, A 4' LANDSCAPED BUFFER ON
THE SOUTH LIMIT AND A 6'7" LANDSCAPED BUFFER ON THE
EAST LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY
CODE; GRANTING VARIANCE FROM SECTION 31-144(c)(5) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN
SPACE OF 28.45% WHERE 33% OPEN SPACE IS REQUIRED IN THE
B2 (COMMUNITY BUSINESS) DISTRICT; GRANTING VARIANCE
FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A DRIVEWAY SEPARATION OF 100'
WHERE SEPARATION OF 330' OF LANDSCAPED FRONTAGE ON
ARTERIAL ROADS IS REQUIRED BY CODE; FOR PROPERTY
LOCATED AT 19145 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, David Mendal, through Application No. 06-V^R-02, is
requesting:
1. Variance from Section 31-171(a)(7) of the City's Land Development Regulations
to allow a parking pavement setback of 7' from the right-of-way where a 10'
parking pavement setback is required by Code; and
Resolution No. 2002-52
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2. Variance from Section 31-171(a)(6) of the City's Land Development Regulations
to allow an entrance drive measuring 21' wide where a 24' wide drive is required
by Code; and
3. Variance from Section 31-221(i)(2) of the City's Land Development Regulations
to allow a 0' landscaped buffer on the north limit, a 4' landscaped buffer on the
south limit and a 6'7" landscaped buffer on the east limit where a 7' landscaped
buffer along the perimeter of all vehicular use areas is required by Code; and
4. Variance from Section 31-144(c)(5) of the City's Land Development Regulations
to allow open space of 28.45% where 33% is required by Code; and
5. Variance from Section 31-172(c)(2) of the City's Land Development Regulations
to allow a separation of 100' between driveways, where 330' of landscaped
frontage between driveways on arterial roads 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:
Section 1. Application for Vadance from Section 31-171(a)(7) of the City's Land
Development Regulations to allow a parking pavement setback of 7' from the right-of-
way where a 10' parking pavement setback is required by Code is hereby granted to the
applicant, subject to the conditions set out in this resolution.
Section 2. Application for Variance from Section 31-171(a)(6) of the City's Land
Development Regulations to allow an entrance drive measuring 21' wide where a 24'
Resolution No. 2002-52
Page ;~
wide drive is required by Code is hereby granted to the Applicant, subject to the
conditiens set out in this Resolution.
Section 3. Application for Variance from Section 31-221(i)(2) of the City's Land
Development Regulations to allow a 0' landscaped buffer on the north property limit, a
4' landscaped buffer on the south limit and a 6'7" landscaped buffer on the east limit
where a 7' landscaped buffer along the perimeter of all vehicular use areas is required
by Code is hereby granted to the Applicant, subject to the conditions set out in this
Resolution.
Section 4. Application for Variance from Section 31-144(c)(5) of the City's Land
Development Regulations to allow open space of 28.45% where 33% is required by
Code is hereby granted to the Applicant, subject to the conditions set out in this
resolution.
Section 5. Application for Variance from Section 31-172(c)(2) of the City's Land
Development Regulations to allow a separation of 100' between driveways where 330'
of landscaped frontage between driveways on arterial roads is required by Code is
hereby granted to the Applicant, subject to the conditions set out in this resolution.
All above Sections on property legally described as Lot 9 less Federal Highway
Block 1 and the north 5.5. feet of the alley south of and adjacent to said Lot 9 of
"Amended Plat of Britain's Addition to Ojus, Florida", Plat Book 19, Page 24 of the
Public Records of Miami-Dade County, aka 19145 Biscayne Boulevard.
Section 6. Approval of the requests above are subject to the following
conditions:
1. Plans shall substantial!y comply with those submitted as follows:
Resolution No. 2002-52
Page 4
· "Parking for Forest Travel", Site Plan Details, Sheet A-l, prepared by
Arkidesign Inc., dated 04/24/02, revised 05/17/02 and 06/11/02, signed
and sealed.
· "Parking for Forest Travel", Demolition & Landscape Plan, Sheet A-2,
prepared by Arkidesign Inc., dated 04/24/02, revised 05/17/02 and
06/11/02, signed and sealed.
The site improvements, including landscaping, shall be completed within sixty
(60) days of the date of this approval, or the approvals granted shall be
deemed null and void unless extended by a motion of the City Commission.
3. All site improvements shall comply with all applicable codes, including, but
not limited to, the Florida Building Code and the Florida Accessibility Code.
Prior to issuance of a building permit, the applicant shall obtain approval for
the entrance modification from the Florida Department of Transportation and
provide evidence of such approval to the City.
Prior to the issuance of a building permit, the applicant shall record in the
Public Records of Miami-Dade County a release of the cross access
agreement dated July 14, 1997 between David Mendal and Champion Retail
Limited Partnership affecting the property and provide a copy of the recorded
document to the City. All expenses shall be borne by the applicant.
Section 7. 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 8. 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 Cohen, and upon
being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia-Rogers Libert yes
Vice Mayor Arthur Berger yes
Mayor Jeffrey M. Pedow abstained/absent from room
Resolution No. 2002-52
Page ,5
PASSED AND ADOPTED this 3rd day of September, 2002.
z:~FCREY ~ PERLOW, MA-'~
APPROVED AS TO LEGAL SUFFJClENCY:
CITY ATTORNEY
2002.