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98-064 RESOLUTION NO. 98-64 A RESOLUTIDN OF THE CITY COMMISSION OF THE CITY OF AVE NTURA, FLORIDA, GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDIN(~S FOR PROPERTY LOCATED AT 19495 BISCAYNE E~OULEVARD; GRANTING A NON-USE VARIANCE iF SETBACK REQUIREMENTS TO WAIVE 0.93 FEET )F THE REQUIRED 42.08 FOOT WEST BUILDING [TBACK WHERE A 41.15 FOOT SETBACK IS PROPOSED AND 0.05 FEET OF THE REQUIRED 26 FOOT WEST GARAGE SETBACK WHERE A 25.95 FOOT SETBACK $ PROPOSED; PROVIDING FOR AN EFFECTIVE ~ATE. WHEREAS, the pr )erty described herein is zoned BU-2, Special Business District; and WHEREAS, the Apl licant, Turnberry Associates, through Application Nos. 10- SP-98 and 05-VAR-98 is requesting Site Plan approval and the following non-use variances in order to cur, non-conformities created by the Florida Department of Transportation's (FDOT) ac tuisition of a portion of the subject property located at 19495 Biscayne Boulevard: 1. Variance of setback rec uirements to waive 0.93 feet of the required 42.08 foot west building setback where ~ 41.15 foot setback is proposed; and 2. Variance of setback re uirements to waive 0.05 feet of the required 26 foot wast garage setback where !5.95 foot setback is proposed. WHEREAS, the FIo da Department of Transportation (FDOT) has been notified of the application, consist~=nt with the requirements of Ordinance No. 97-21, and is supportive of the cure plan for the property; and Resolution No. 98-64 Page 2 WHEREAS, the Com nunity Development Department recommends approval of the requests to the extent th ~ Application is granted; and WHEREAS, the City ;ommission has held a public hearing as provided by law; and WHEREAS, the Cit :ommission finds that the Application meets the criteria of the applicable codes and 'linances. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLC RIDA, THAT: Section1. Applic~[ion Numbers 10-SP-98 and 05-VAR-98 for Site Plan approval and non-use varia 3ce approval on property legally described as: Tract Q, Aventura ~th Addition as recorded in Plat Book 120, Page 20 of the Public Records ~f Dade County a.k.a. One Turnberry Plac 19495 Biscayne Bc levard is hereby granted. Section 2. The Ci ly Manager is authorized to cause the issuance of permits in accordance with the appro/als herein provided and to indicate such approvals upon the records of the City. Section 3. This ~,esolution shall become effective immediately upon its adoption. Resolution No. 98-64 Page 3 Rogers- The foregoing Reso ution was offered by Commissioner Liberl: , who moved its adoption. The motion ~s seconded by Commissioner Cohen , and upon being put to vote, the vote was ; follows: Comm ssioner Arthur Berger ah~ut Comm ssioner Jay R. Beskin yes Comm ssioner Harry Holzberg yes Comm ssioner Jeffrey Perlow yes Comm ssioner Patricia Rogers-Libert Vice IV ayor Ken Cohen Mayor ~,rthur I. Snyder PASSED AND ADO 'TED this 4th day ofAu~/19~ ,~///4b¢/,4'/ ~1. vS nyde¢ IM~y~o r ATTEST: (/~, ,J ~-'~/~ Teresa M. Smith, CMC, Cil Clerk APPROVED AS TO LEGA SUFFICIENCY: City ~ttorney i the Office of the City Clerk thi~ ~day of August, 1998. This ResolutiOn was ~il~;:l ~? ,~ CITY CLERK