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2000-049 RESOLUTION NO. 2000-49 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR HOOTERS RESTAURANT OF AVENTURA, LOCATED AT 20301 BISCAYNE BOULEVARD, TO PERMIT THE DISPLAY OF HOLIDAY DECORATION LIGHTS ON A YEAR-ROUND BASIS WHERE THE SIGN CODE PERMITS THE DISPLAY OF SUCH LIGHTS ONLY DURING A 45-DAY DESIGNATED HOLIDAY SEASON; DENYING A SIGN VARIANCE TO PERMIT A THIRD WALL SIGN, SIZE NOT TO EXCEED 24 SQUARE FEET IN AREA ON THE SOUTH ELEVATION OF THE BUILDING WHERE ONLY TWO (2) WALL SIGNS ARE ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District, a non-residential district; and WHEREAS, the Applicant, Hooters Restaurant of Aventura, through Application No. 03-SV-00, has requested the following: 1) A sign variance to permit the display of holiday decoration lights on the inside of windows, along the building cornice and eaves, and along a porch railing on a year-round basis where the sign code permits the display of such lights only during a 45-day designated holiday season; and 2) A sign variance to permit a third wall sign measuring 24 square feet in area on the south elevation of the building where only two (2) wall signs are permitted by code. Resolution No. 2000-49 Page 2 WHEREAS, Hooters Restaurant is located at the intersection of the elevated roadway and has a unique situation because of the present and future hardship created by such roadway; 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 No. 03-SV-00 for Sign Variance to permit the display of holiday decoration lights on the inside of windows, along the building cornice and eaves, and along a porch railing on a year-round basis where the sign code permits the display of such lights only during a 45-day designated holiday season, on property legally described as: Tracts "A", "B", and "C", of the Plat of THE PROMENADE SHOPS, according to the plat thereof recorded in Plat Book 133, Page 39 of the Public records of Miami-Dade County, Florida a/k/a Hooters Restaurant 20301 Biscayne Boulevard is hereby granted exclusively to the applicant, with the condition that the sign variance shall be terminated in the event that the City Commission determines, after a public hearing, that the variance has created and/or may tend to create a disturbance to the community. A public hearing shall be set if the Community Development Director finds probable cause to believe that a disturbance has been created, based upon complaints received or the Director's observation. Section 2. Request for a Sign Variance to permit a third wall sign measuring 24 square feet in area on the south elevation of the building where only two (2) wall signs are permitted by code is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption. Resolution No. 2000-49 Page 3 The foregoing Resolution was offered by Commissioner ~er~;er , who moved its adoption. The motion was seconded by Commissioner PerZo~, and upon being put to a vote, the vote was as follows: Commissioner Adhur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 1 ~ day of August, 2000. Arthur I. Snyder, Manger Tr~,a M. Soro(~/IC.~ity Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This~esol~t~n ~/~s, ~d in the Office of the City Clerk this ~__ day of August. 2000. l