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2000-069 RESOLUTION NO. 2000-69 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 703.4.3(g) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW ONE 15-FOOT BUILDING SEPARATION AND ONE 16-FOOT BUILDING SEPARATION WHERE A MINIMUM BUILDING SEPARATION OF 30 FEET IS REQUIRED FOR PROPERTY LOCATED AT 21395 AND 21396 MARINA COVE CIRCLE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF3, Multi-Family Medium- Density Residential District; and WHEREAS, the applicant Symphony Builders at Marina Cove, LLC, through Application No. 01-VAR-01, is requesting a variance from Section 703.4.3(g) of the City's Land Development Regulations to allow one 15-foot building separation and one 16-foot building separation where a minimum building separation of 30 feet is required; 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: Resolution No. 2000-69 Page 2 Section l. Application for a variance from Section 703.4.3(g) of the City's Land Development Regulations to allow a 15-foot building separation between the existing Building M and the proposed Building L, and a 16-foot building separation between the existing Building K and the proposed Building J where a minimum building separation of 30 feet is required in each case, on property legally described as shown on the attached Exhibit #1 aka Marina Cove Building J - 21395 Marina Cove Circle Building L - 21396 Marina Cove Circle is hereby approved subject to the following conditions: 1) Plans shall substantially comply with those plans submitted as follows: · "Boundary Survey: Portion of Tract J The Waterways--Section 3," prepared by Carnahan, Proctor, Cross, Inc. One page, numbered Sheet I of 1, dated 08/24/00. · "Marina Cove Bay: Landscape Plan," prepared by Joseph B. Kaller and Associates, Inc. and Sevel and Cummings, P.A. One page, numbered L-1 dated 03/01/96, dated as signed as sealed 08/08/00. · "Marina Cove: Phase Il--Irrigation Plan," prepared by Joseph B. Kaller and Associates, Inc. One page numbered L-2, undated. · "Marina Cove: Phase II--Site Plan," prepared by Joseph B. Kaller and Associates, Inc. One page numbered SP-1, dated as signed and sealed 10-17-00. · "Marina Cove: Phase II--Site Details," prepared by Joseph B. Kaller and Associates, Inc. One page numbered SP-2, dated as signed and sealed 10-17-00. · "Marina Cove: Phase II--Building 'J' Floor Plan," prepared by Joseph B. Kaller and Associates, Inc. One page numbered A-l, dated as signed and sealed 10-17-00. · "Marina Cove: Phase II--Building 'L' Floor Plan," prepared by Joseph B. Kaller and Associates, Inc. One page numbered A-2, dated as signed and sealed 10-17-00. · "Marina Cove: Phase II--Building 'J' and 'L' Roof Plan," prepared by Joseph B. Kaller and Associates, Inc. One page numbered A-3, dated as signed and sealed 10-17-00. · "Marina Cove: Phase II--Building 'J' Elevations," prepared by Joseph B. Kaller and Associates, Inc. One page numbered A-4, dated as signed and sealed 10-17-00. · "Marina Cove: Phase II--Building 'L' Elevations," prepared by Joseph B. Kaller and Associates, Inc. One page numbered A-5, dated as signed and sealed 10-17-00. Resolution No. 2000-69 Page 3 · "Marina Cove: Phase II--Preliminary Unit B-2 Layout," prepared by Joseph B. Kaller and Associates, Inc. One page numbered A-6, dated as signed and sealed 10-17- 00. · "Marina Cove: Phase II--Preliminary Unit C Layout," prepared by Joseph B. Kaller and Associates, Inc. One page numbered A-7, dated as signed and sealed 10~17- 00. · "Harbor View at Marina Cove Phase I1: Water Distribution System," prepared by James L. Strung, Professional Land Surveyor. One page numbered Sheet 2 of 3, dated 11/05/85. · "Harbor View at Marina Cove Phase I1: Sewage Collection System," prepared by James L. Strung, Professional Land Surveyor. One page numbered Sheet 2 of 3, dated 11/05/85. 2) Permits shall be obtained within twelve months of the date of the Resolution or the approval granted shall be deemed null and void unless extended by a motion of the City Commission. 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 Cohen, who moved its adoption. The motion was seconded by Commissioner Holzberg, 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 absent from the room Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes Resolution No. 2000-6~ Page 4 PASSED AND ADOPTED this 14th day of November, 2000. A-I~-r~UR I. S~'Y~)EIJ,, MAYOR ATTEST: TE~ESA M. SOI~O~,A, cMc CITY CLERK -- APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Res tion was filed in th ,ffice of the City Clerk this/5~ay of November, 2000. LEGAL DESCRIPTION: A PORTION DF TRACT 'J' DF 'WATERWAYS - SECTION 3', ACCORDING TD THE PLAT THEREOF AS RECORDED IN PLAT BOOK 185, PAGE 78 DF THE PUBLIC RECORDS DF DADE · COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGIN AT THE NORTHWEST CORNER OF SAID TRACT "J'j THENCE ON A PLAT BEARING OF NORTH 88"14'11' EAST ALONG TNE NORTH BOUNDARY OF SAID TRACT 'J'j A DISTANCE OF 4@0.2P FEET TO AN INTERSECTION WITH TNE EASTERLY BOUNDARY OF SAID TRACT 'J' THENCE SOUTH 01^37'89· EAST ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 859,98 FEETj THENCE NORTH 63^47'58· WEST A DISTANCE DF 36,56 FEETj THENCE SOUTH 43^22'31" WEST A DISTANCE OF 45.71 FEETj THENCE SOUTH 88^14'11, WEST A DISTANCE OF 828,44 FEET~ THENCE SOUTH 01^45'49" EAST A DISTANCE OF 99.83 FEET~ THENCE SOUTH 88^14'11" WEST A DISTANCE OF 183.40 FEET TO AN INTERSECTION WITH THE WESTERLY BOUNDARY OF SAID TRACT 'J" AND A 883.00 FODT RADIUS NON-TANGENT CURVE CONCAVE TO THE EAST, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 78^43'39, WESTj THENCE NORTHERLY ALONG SAID BOUNDARY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09^30'38' AN ARC DISTANCE OK 37.01 FEET TI] A POINT OF TANGENCY~ THENCE NORTH 01^45'49' WEST ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 338.07 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN DADE COUNTY, FLORIDA AND CONTAINING 3.43 ACRES, MORE OR LESS. EXHIBIT #1