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2000-068 RESOLUTION NO. 2000-68 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED PURSUANT TO RESOLUTION NO. 98-88 PASSED AND ADOPTED NOVEMBER 17, 1998; TO DELETE THE PARKING SPACE VARIANCE; TO GRANT A NEW SETBACK VARIANCE TO PERMIT A 10 FOOT SETBACK AT THE INTERIOR SlDEYARD ABUTTING A RESIDENTIALLY ZONED PROPERTY, WHERE 15 FEET IS REQUIRED; TO MODIFY THE LANDSCAPING VARIANCE FOR PROPERTY LOCATED AT 18851 NE 29 AVENUE, AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant, Stanley B. Price for Harbour Centre Associates, was granted miscellaneous approvals by Resolution No. 98-88 passed and adopted by the City Commission of the City of Aventura on November 17, 1998; and WHEREAS, the applicant has requested a revision to the approved site plan, which revision necessitates modification to the previous approvals granted in Resolution No. 98-88 to permit the following: 1. A variance to permit a 10 foot setback at the interior sideyard abutting a residentially zoned property, where 15 feet is required by Chapter 33 of the Miami-Dade County Code; and 2. A variance to permit 29,164 square feet of landscaping where 61,171 square feet of landscaping is required by Chapter 33 of the Miami-Dade County Code; and 3.Deletion of the previously approved parking space variance. Resolution No. 2000-68 Page 2 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 delete the parking space variance as the current Section 4 previously granted by Resolution No. 98-88: is hereby approved. Section 2. The applicant's request to approve a variance from Chapter 33 of the Miami-Dade County code which requires a fifteen (15) foot building setback where the adjacent property is zoned for residential use, where a provision of a ten (10) foot setback is proposed is hereby approved. (new) Section 4. Variance from Chapter 33 of the Miami-Dade County Code which requires a 15-foot building setback where the adiacent property is zoned for residential use and where provision for a ten-foot setback is proposed is hereby approved. Section 3. The applicant's request to modify current Section 7 previously granted by Resolution No. 98-88: Resolution No. 2000-68 Page 3 Section 7. Variance from Chapter 33 of the Miami-Dade County Code which requires 5d,995 61,171 square feet of landscaping. (Provision of 27,!22 29,164 square feet of landscaping is proposed.) is hereby approved. Sections 1, 2 and 3 to property legally described on Exhibit #1 aka Harbour Centre 18851 NE 29 Avenue all approved subject to the condition that the property owner shall execute an Agreement with the City whereby use of the parking garage will be available to the general public, after monitoring parking within the parking garage, as needed on nights and weekends. Such Agreement shall be fully executed and recorded in the public records no later than 180 days following issuance of the Certificate of Occupancy for the building. 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 Berger, who moved its adoption. The motion was seconded by Commissioner Perlow, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes Resolution No. 2000- 6j Page 4 PASSED AND ADOPTED this 14th day of November, 2000. ~, MAYOR ATTEST: -I'F_~ESA M. S~R-"O~z~,, CI~C ~ CLERK ~ APPRQVED AS TQ LEGAL SUFFICIENCY: CITY ATTORNEY This R~Solution was fil/ed in t[~e'Office of the City Clerk this/~ day of November, 2000. LEGAL DESCRIPTION: Portion of the South 1/2 of Section `3, Township 52 South, Range 42 £ost, being more particularly described os follows: Commence at the center of Section 3, Township 52 South, Range 42 East, thence North 69 degrees 50 minutes 55 seconds West along the North line of the Southwest 1/4 of said Section 3, for 670.26 feet to the Northwest comer of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 3; thence South O0 degrees .39 minutes 25 seconds East. m along the West line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section ;3, for 1107.11 feet; X thence North 89 degrees 20 minutes 35 seconds East for 70.00 feet; thence North 2d O0 agrees 39 minutes, 25 seconds "[' West along a line 70.00 feet Easterly of and parallel with the West line of the East 1/ of the Northeast 1/4 of the ~ Southwest 1/4 of said Section 5 for 35.00 feet to the POINT OF BEGINNING of the following described parcel of land; [~ thence North 89 degrees 20 minu;es 35 seconds East for 428.41 feet; thence North O0 degrees .39 minutes 25 seconds ~ West for 26'~.05 feet; thence North O0 deqrees 03 .minutes 15 seconds East for 125.00 feet; thence North 89 degrees ~ 56 minutes 45 seconds West for 430.00 f~et; thence South O0 degrees .39 minutes 25 ~econds East along (~ line 70.00 feet Easterly of and parallel with the West line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of sold ::~ Section 3 for 394.38 feet to the POINT OF BEGIHNINC, oil lying and being in Dodo Count, Florida. ....L