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2002-055RESOLUTION NO. 2002-55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW 15 PARKING SPACES WHERE 18 PARKING SPACES ARE REQUIRED BY CODE, FOR PROPERTY LOCATED AT 17866 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, Stanley B. Price, through revised Application No. 06- VAR-01, is requesting a variance from Section 31-171(b) of the City's Land Development Regulations to allow 15 parking spaces where 18 parking spaces are required by Code; 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. Application for Variance from Section 31-171(b) of the City's Land Development Regulations to allow 15 parking spaces where 18 parking spaces are required by Code is hereby granted to the Applicant, subject to the conditions set out in this Resolution on property legally described as all of Lots 9 and 10 of "Maule Federal Highway Industrial Sites", as recorded in Plat Book 46, Page 55 of the Public Records of Miami-Dade County, less the east 33.75 feet thereof dedicated for right-of-way, aka 17866 Biscayne Boulevard, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: · Boundary Survey, one page, prepared by Manuel G. Vera and Associates Inc. dated 3/4/98, last revision 10/11/01, signed and sealed. Resolution No. 2002-55 Page 2 · "Proposed Retail Stores for Lad Ventures Inc.", Site Plan, Sheet SP-1, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01. · "Proposed Retail Stores for Lad Ventures Inc.", Building Elevations, Sheet A-l, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01. · "Proposed Retail Stores for Lad Ventures Inc.", West Elevation, Sheet A-2, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01. · "Proposed Retail Stores", Grading and Drainage Site Plan, Sheet C-1, prepared by Pistorino & Alam Consulting Engineers, Inc., dated 11/21/00, signed and sealed 06/18/01. · "Proposed Retail Stores for Lad Ventures Inc.", Planting Plan, Sheet LA-l, prepared by Rosenberg Design Group, dated 6/25/01, signed and sealed. 2. The applicant shall obtain permits and construct all site and fa(~ade improvements shown on the approved plans within four (4) months of the date of this Resolution, or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. The applicant shall provide to the City the annual renewal of the lease with Florida East Coast Railroad. 4. The parking variance shall be terminated in the event that the City Manager determines that the variance has created and/or is creating a nuisance to the community or in the event that the lease is not renewed and the renewal provided to the City. In the event of termination, the applicant will be required to locate the deficient number of parking spaces off-site to the satisfaction of the City Manager. 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 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 Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Pedow yes yes yes yes yes yes Resolution No. 2002-55 Page 3 PASSED AND ADOPTED this 1st day of October, 2002.~ ,,'J'EP~RI~Y b~?PERLOW, M-"A'YOR TF__~SA M. S,.~A, GIMC Cl~,y CLERK ~ APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 2nd day of October, 2002.