98-009 RESOLUTION NO. 98-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL FOR A
REZONING FROM RU-3, FOUR UNIT APARTMENT
HOUSE DISTRICT TO BU-2, SPECIAL BUSINESS
DISTRICT; GRANTING APPROVAL OF A SPECIAL
EXCEPTION TO ALLOW A HOTEL IN THE BU-2,
SPECIAL BUSINESS DISTRICT; DENYING A NON-USE
VARIANCE REQUIRING A FIVE (5) FOOT HIGH
DECORATIVE WALL WHERE NO WALL IS PROPOSED;
APPROVING A RELEASE OF A PREVIOUSLY
APPROVED RESOLUTION NO. 4-ZAB-167-77 FOR THAT
CERTAIN PROPERTY LOCATED EAST OF BISCAYNE
BOULEVARD BETWEEN NE 191 STREET AND NE 193
STREET; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is now governed by the City Council
of the City of Aventura; and
WHEREAS, the Applicant, Champion Retail Limited Partnership, through
Application No. 08-MA-97 has applied for the following:
1. Rezoning from RU-3, Four Unit Apartment House District to BU-2, Special Business
District;
2. Special Exception to allow for a hotel in the BU-2, Special Business District where
otherwise permitted in the RU-4A, Hotel Apartment House District; and
3. Non-use Variance from zoning regulations requiring a five (5) foot high decorative
wall where no wall is proposed;
4. Release of previously approved Resolution No. 4-ZAB-167-77 which granted a
variance of zoning regulations to permit the use of auto mechanical work to be
Resolution No. 98-09
Page 2
conducted from under an open aluminum awning, in lieu of an enclosed building
and a variance of setback requirements to permit the aluminum awning to be set
back less than that which is required by the Dade County Code;
on that certain property located on the east side of Biscayne Boulevard between NE
191 Street and NE 193 Street in Aventura, Florida as legally described on Exhibit #2
attached hereto; and
WHEREAS, the Community Development Department recommends approval of
Items 1, and 4 above; and
WHEREAS, the Community Development Department recommends approval of
Item 2 above, subject to conditions; and
WHEREAS, the Community Development Department recommends denial of
Item 3 above; and
WHEREAS, following proper notice, the City Council has held a public hearing
as provided by law; and
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. Items 1, and 4 as listed above, on property located at the east side
of Biscayne Boulevard between NE 191 Street and NE 193 Street and legally described
as Exhibit #2 attached hereto, are hereby granted.
Resolution No. 98-09
Page 3
Section 2. Item 2 as listed above is hereby granted subject to each of the
following conditions:
1. Applicant shall commence utilization of the Special Exception granted by
obtaining building permits within 12 months of the date of this Resolution
or the Special Exception granted shall be deemed null and void unless
the term is extended by the City Council prior to its expiration.
2. The billboard currently located on the subject property shall be removed
by December 31, 1998.
3. The Site Plan shall be substantially in compliance with that approved as
follows: Site Plan, Dwg. No. SP-1, prepared by Arc-Tech Associates
Incorporated, revised dated 12-15-97.
Section 3. Item 3 as listed above is hereby denied.
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.
Resolution No. 98-09
Page 4
The foregoing Resolution was offered by Councilmember Perlow, 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 Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 20th day of January, ~9~ ~__
Ai:t~ur [/. Snye~ee ', IV~yor
ATTEST~ ~
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO .EGAL SUFFICIENCY:
C~ATTORI~Y '~ ~
This Resolution~_~ was .red in the Office of the City Clerk this~ .~Z~lay o:~:_z/z.~c~f,
1998.
CITY CLERK