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97-031 RESOLUTION NO. 97-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING UNUSUAL USE APPROVAL FOR PROPERTY LOCATED AT 2875 NE 191 STREET, AVENTURA, FLORIDA TO PERMIT THREE (3) PANEL ANTENNAS WHICH ARE TO BE AFFIXED TO THE BUILDING PARAPET AND ONE (1) GPS ANTENNA WHICH IS TO BE MOUNTED ON THE ROOFTOP MECHANICAL ROOM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing of the Metropolitan Dade County Zoning Appeals Board granted by Resolution No. 4-ZAB-260-86 the following to the Concord Centre Limited: 1. NON-USE VARIANCE OF SIGN REGULATIONS to permit two wall signs (one permitted) for the same tenant (bank) and to permit one of those wall signs not to be on the unit and to have 528 sq. ft. in area (required on the unit wall) (zero square feet permitted). 2. NON-USE VARIANCE OF SIGN REGULATIONS to permit two detached signs (one permitted) said signs to consists of a second center identification sign and a tenant identification sign. 3. NON-USE VARIANCE OF SIGN REGULATIONS to permit six directional signs of 18 sq. ft. each (3 sq. ft. permitted) and one of 7.1 sq. ft. (3sq. ft. permitted) with a height of 7' (4' permitted). WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Sprint Spectrum L.p., requested Unusual Use approval pursuant to Chapter 33 of the Code of Ordinances of Metro-Dade County as applicable pursuant to City Charter Sec. 8.03, and Ordinance 96-08, to permit three (3) wall mounted panel antennas and one (1) roof mounted GPS antenna; and WHEREAS, the Community Development Department recommends approval of this request subject to conditions; and WHEREAS, the City Council has held a public hearing as provided by la~ and Resolution No. 97-31 Page 2 WHEREAS, the City Council 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 COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-UU-96 for Unusual Use approval to permit three (3) panel antennas and one (1) GPS antenna on the principal building on property legally described as: SEE ATTACHED EXHIBIT A NK/A 2875 NE 191 STREET AVENTURA, FLORIDA is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted and prepared by GM. Selby & Associates Inc., as follows: · Proposed Plot Plan, S2, dated 3-31-97 · Proposed Elevations (south and east), S3, dated 4-1-87 · Proposed Antenna Details, S4, dated 3-31-97 2. Applicant shall commence utilization of the Unusual Use granted pursuant to this Resolution by submitting final building plans within 6 months of the date of this Resolution of the Unusual Use granted shall be deemed null and void unless the term is extended by the City Council prior to its expiration. 3. Color samples for the panel antennas must be submitted to, and approved by, the City Manager prior to the issuance of a building permit for this project. PROJECT SPECIFIC CONDITIONS 4. The application for the building permit must include certification by a registered engineer that the proposed installations comply with the South Florida Building Code. The written documentation must also include load distributions within the building's support structure. 5. Any antenna that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna shall remove same within sixty days of receipt of notice from the City. Resolution No. 97-31 Page 3 6. All antennas shall be maintained in compliance with standards contained in the South Florida Building Code so as to ensure the structural integrity of such antennas. If upon inspection by the City such antennas are determined not to comply with the code standards and to constitute a danger to persons or property, then upon notice being provided to the owner of the antennas the owner shall have thirty days to bring such antenna into compliance. 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 Councilmember Rogers-Libert, who moved its adoption. The motion was seconded by Councilmember Berger, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 6th day of May, 1997. /~! ~. / ARTHU~R I. SNY~)ER, MAYOR ATTEST: ~ .. TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Resolution No. 97-31 Page 4 This Resolution No. 97-31 was filed in the Office of the City Clerk this (~ day of May, 1997. TERESA M. SMITH, CMC CITY CLERK EXHIBIT A Legal Description SUBJECT PROPERTY: That portion of the east % of the SE ~ of the NW % of Section 3, Township 52 South, Range 42 East, lying south of the N.E. 192nd Street Limited Access Right-of-Way and less and except the south 35' thereof for right-of-way purposes. A/WA: A parcel of land being a part of the east ~ of the. SW % of the SE % of the NW % of Section 3, Township 52 South, Range 42 East, said parcel being more particularly described as follows: Commence at the Southeast comer of NW ~ of said Section 3, Township 52 South, Range 42 East; thence S87°35'12"W, along the south line of said NW % of Section 3 a distance of 669.86'; thence N2°58'20'~V along the east line of the said east % of the SW % of the SE % of the NW % of Section 3 for 35' to the Point of beginning, of the herein described parcel; thence S87°35'12'~N along the north fight-of-way line of N.E. 191st Street per Official Records Book 12487, at page 912, said right-of-way line being 35' north of the south line of said NW % for 335.09'; thence N2°52'3"W along the west line of the said east ~ of the SW % of the SE ~ of the NW % of Section 3 for 616.4'; the following 3 courses being along the SW/ly right-of-way line of State Road 856 also being part of the limited access right-of-way line of N.E. 192nd Street, per Flodda Department of Transporafion fight-of-way Map (Section 87013-2510); (1) thence S48~23'59"E for 102.19'; (2) thence S56~50'26"E for 102.19' to a Point of curvature; (3) thence SE/ly along the arc of a 1,290.92' radius curve leading to the left, having a central angle of the arc of a 129.92' radius curve leading to the left having a central angle of 3°41'55'' for an arc of 83.33'; thence S2°58'20"E along the east line of the said east % of the SW ¼ of the SE % of Section 6 for 360.36' to the Point of beginning.