2001-058 RESOLUTION NO. 2001-58
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
VARIANCE FROM SECTION 31-144(C) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW
FRONT YARD SETBACK OF 0.30' WHERE A 25'
SETBACK IS REQUIRED BY CODE; DENYING A
VARIANCE FROM SECTION 31-221(I) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A
TERMINAL PARKING ISLAND WIDTH OF 6' EXCLUDING
CURBING WHERE A WIDTH OF 7' EXCLUDING
CURBING IS REQUIRED BY CODE; APPROVING A
VARIANCE FROM SECTION 31-144(C) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A
STREET SIDE YARD SETBACK OF 13' WHERE A 20'
SETBACK IS REQUIRED BY CODE; APPROVING
VARIANCES FROM SECTION 31-221(I) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW
BUFFER STRIPS LESS THAN 7' IN WIDTH ADJACENT
TO THE SOUTH PROJECT LIMIT AND WEST PROPERTY
LINE AND ADJACENT TO THE SOUTH AND WEST
LIMITS OF THE BUILDING; FOR PROPERTY LOCATED
AT 17866 BISCAYNE BOULEVARD; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant Lad Ventures, Inc., through Application No. 06-VAR-
01, is requesting the following variances to permit the renovation of an existing building
and development of the subject property:
1. A variance from Section 31-144(c) of the City's Land Development Regulations
to allow front yard setback of 0.30' where a 25' setback is required by Code.
Resolution No. 2001-58
Page 2
2. A variance from Section 31-144(c) of the City's Land Development Regulations
to allow a street side yard setback of 13' where a 20' setback is required by
Code.
3. A variance from Section 31-221(i) of the City's Land Development Regulations
to allow buffer strips less than 7' in width adjacent to the south project limit and
west property line and adjacent to the south and west limits of the building.
4. A variance from Section 31-221(i) of the City's Land Development Regulations
to allow a terminal parking island width of 6' excluding curbing where a width of
7' excluding curbing is 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 a variance from Section 31-144(c) of the City's Land
Development Regulations to allow front yard setback of 0.30' where a 25' setback is
required by Code, on property legally described as:
Lots 9 & 10 of "Maule Federal Highway Industrial Sites", according to the
plat thereof, as recorded in Book 46, Page 55 of the public records of
Miami-Dade County, Florida, less the east 33.75 feet thereof dedicated
for right-of-way.
aka
Resolution No. 2001-58
Page 3
17866 Biscayne Boulevard
is hereby approved.
Section 2. Application for a variance from Section 31-144(c) of the City's Land
Development Regulations to allow a street side yard setback of 13' where a 20' setback
is required by Code is hereby approved.
Section 3. Applications for a variance from Section 31-221 (i) of the City's Land
Development Regulations to allow buffer strips less than 7' in width adjacent to the
south project limit and west property line and adjacent to the south and west limits of
the building are hereby approved, and more specifically the following:
1. Approve the request to allow a buffer strip of 5' in width at the southerly project
limit where a 7' buffer strip is required by Code.
2. Approve the request to allow a buffer strip of 2' in width at the southwesterly
property line where a 7' buffer strip is required by Code.
3. Approve the request to allow a buffer strip of 0' in width at the northwesterly
property line where a 7' buffer strip is required by Code.
4. Approve the request to allow a buffer strip of 6' in width at the southerly building
limit where a 7' buffer strip is required by Code.
5. Approve the request to allow a buffer strip of 5'10" in width at the westerly
building limit where a 7' buffer strip is required by Code;
All approvals subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
· "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.
Resolution No. 2001-58
Page 4
· "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. 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. The applicant shall provide confirmation of a signed Lease with FEC Railway for the
installation of three proposed parking spaces and landscaping to the west of the
property limit, prior to issuance of a building permit.
4. Prior to issuance of a building permit for this site, the applicant shall submit for
review and approval an amended Site Plan for the InterAmerican Car Rental site
removing the remote controlled gate access between the InterAmerican and subject
site.
5. The applicant shall record this Resolution in the Public Records of Miami-Dade
County, prior to the issuance of a building permit. All expenses shall be borne by
the applicant.
6. The applicant shall provide structural components inside the northeast corner and
east elevations of the building so as to provide protection for the occupants of the
building in case of possible vehicular impact, subject to City Manager approval.
Resolution No. 2001-58
Page 5
Section 4. 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 5. 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 Rogers-Libert, and upon
being put to a vote, the vote was as follows
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow absent from the room
PASSED AND ADOPTED this 7th day of August, 2001.
/J~EY ~. PERLOW, MAYOR
~RESA M. ~,
~Y CLER~
APP~D AS ~SUFFIOIENOY:CITY~~~
This Re~ution w~l~ t~ffice of the Ci~ Clerk this ~ ~ day of August, 2001.
CITY ~ RE ~