98-036 RESOLUTION NO. 98-36
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING A NON-USE
VARIANCE TO INSTALL AN EQUIPMENT SHELTER
WHICH EXCEEDS THE ALLOWED HEIGHT FOR
ROOFTOP TELECOMMUNICATION EQUIPMENT AT 2875
NE 191 STREET, AVENTURA, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Nextel, through application 01-UU-98, has requested
a non-use variance to install an equipment shelter which exceeds the allowed height for
rooftop telecommunications equipment; and
WHEREAS, the request for an equipment shelter which exceeds the allowed
height for rooftop telecommunications equipment is specific to technology required by
Nextel; and
WHEREAS, the Community Development Department recommends approval of
this request subject to conditions; and
WHEREAS, the City Commission has held a public hearing as provided by la~
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.
Resolution No. 98-36
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-UU-98 for a non-use variance to install an
equipment shelter which exceeds the allowed height for rooftop telecommunications
equipment on property legally described as:
SEE ATTACHED EXHIBIT #1
A/K/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 as follows:
· Title Sheet, Sheet T-l, prepared by PAL Telecom Group, Inc., revised dated 4-17-
98;
Overall Roof Plan General Notes and Details, Sheet A-l, prepared by PAL Telecom
Group, Inc., revised dated 4-17-98;
· Building Elevations, Sheet A-2, prepared by PAL Telecom Group, Inc., revised
dated 4-17-98;
· Equipment Cabinet Elevations, Sheet A-3, prepared by PAL Telecom Group, Inc.,
revised dated 4-17-98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approval granted shall be deemed null and void and the applicant
Resolution No. 98-36
Page 3
shall be required to reinstate the public hearing approval process unless the term is
extended by a motion of the City Commission prior to its expiration.
PROJECT SPECIFIC CONDITIONS
1. Pursuant to Ordinance 98-05 Section 5(S) ..."Owners and/or operators of towers or
antennas shall certify that all franchises/licenses required by law for the
construction and/or operation of a wireless communication system in the City have
been obtained and shall file a copy of all required franchises/licenses with the City."
Such franchises/licenses shall be filed with the City prior to issuance of the building
permit.
2. A Security Fund in the amount of $45,000.00 will be provided prior to issuance of
the building permit. Such Security Fund will meet the requirements of Ordinance
No. 98-05 upon determination of the City Manager or his designee.
3. The equipment shelter shall be unoccupied at all times.
4. The proposed antennas and equipment shelter will be painted to match the existing
building finish.
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.
Resolution No. 98~-36
Page 4
The foregoing Resolution was offered by Commissioner Berger
who moved its adoption. The motion was seconded by Commissioner Cot~en ,
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen ;~es
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
PASSED
AND ADOPTED this 21~ day of April, 19,9j~. ~._ ~-// ~
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Ci~ A~TO~~''-
This Resolution was filed in the Office of the City Clerk this r~ [ day of ~'~, 1998.
CITY CLERK
SUBJECT PROPERTY: ~l~at.pqrtion of t~e~ east $~ o[~he ;~E..~ of the
T~shlp 52 So~, Range 42 ~ said pa=l being ,o, pa~l~y ~es~bed.as foll~:
~mmen~ at ~e 8o~ ~mer of ~ ~ of said Se~on S, ~shlp'62
~ ~en~- S8~Et2~, ~ong ~e so~ ane of s~d ~ % of Se~on 3 ~ ~ of
669.86'; ~en~ ~58'20~ along ~e ea~ ~ne of ~e s~d east ~ of-~e SW ~ of ~e SE ~ of
~e ~ ~ of S~on 3 for ~ ~ ~ Point of ~g, of ~e hem~ d~ P~; ~en~
~t2~ ~ ~ ~ ~t~f~..~ of N.~ ~91~ ~t ~r ~ R~s. B~k
12~7, at p~e'9~ s~d ~ht~f~y Ene.~e~ng ~ no~ of ~e.'so~ Erie of s~d ~ % for
335.09'; ~ ~52~ ~o~ ~e ~ Fie of ~e s~d ~ ~ of ~b ~ % of ~e SE ~ of
~e ~ ~ of S~on 3 f~ 6t6.4~ ~e foa~ 3 ~ ~lng ~o~ ~ ~Ay ~t~f~y
ane of ~' Road ~'~ ~ P~ Of ~e'~ 'a~s ~t~f~y ~e of ~ 19~d
~ ~r ~da ~t ~ T~~ ~t~f~ ~ (~ 8701~10); (1)
~e of ~ ~ ~ a t29.9~ m~ ~we ~ to ~ ~ff ha~ng a ~n~ ~e of 3e41'55"
for ~ ~ of 83.~ ~ ~0'E ~ ~e e~ ane of ~e ~d ea~ ~ of ~e SW % of
~e SE ~ of ~on 6 f~ ~0:~ ~ ~e Poln[ of ~.
EXHIBIT #1