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98-077 RESOLUTION NO. 98-77 A RESOLU'I'ION OF THE CITY COMMISSION OF THE CITY OF A~ ENTURA, FLORIDA, GRANTING A NON-USE VARIANCE I'O PERMIT A SIDEWALK ON ONLY ONE (1) SIDE OF A STREET FOR PROPERTY LOCATED EAST OF WILLI.~MS ISLAND ON THE SOUTHERNMOST ISLAND IN DUMFOUNDLING BAY, TO TWO ISLANDS DEVELOPI~I ENT CORP.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the ~roperty described herein is zoned RU-4, High Density Apartment House District: WHEREAS, the ,~ )licant, Two Islands Development Corp., through Application No. 08-VAR-98, is rec sting a non-use variance to waive the requirement for a sidewalk on both sides of street to provide a sidewalk on only one side of a street on that certain property de: ribed as Tract "A", Two Islands in Dumfoundling Bay", according to the Plat thereof, as recorded in Plat Book 141, at Page 66, of the Public Records of Dade County, Florida; and WHEREAS, the Ci¥ Commission has held a public hearing as provided by law; and WHEREAS, the Cily Commission finds that the Application meets the criteria of the applicable codes and ~rdinances, to the extent the application is granted herein. NOW, THEREFOI: E, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FI .ORIDA, THAT: Section 1. Appli ation Number 08-VAR-98 for a non-use variance on property legally described as: Tract "A", "Two ~lands in Dumfoundling Bay", according to the Plat thereof, as record ;d in Plat Book 141, Page 66, of the Public Records of Dade County, FIo 'ida Resolution No. 98-77 Page 2 a.k.a. "Island Estates" is hereby granted subject t the following conditions: STANDARD CONDITON-.c 1. Plans shall substantiall comply with those submitted as follows: · "Island Estates" Site Plan, Sheet No. S-1, prepared by Ford, Armenteros & Manucy, Inc., re/ised dated 07-29-98. 2. Applicant shall obtain 1. uilding permits within 12 months of the date of this Resolution or the approvals grant.~d shall be deemed null and void and the applicant shall be required to reinstate ff e approval process unless the term is extended by a motion of the City Commissior prior to its expiration. 3. Applicant shall record in the public records of Miami-Dade County, a covenant in a form approved by the ;ity Attorney, that states that the developer will agree to install a sidewalk on both ides of the street on the southernmost island (the subject property), if the sec( ~d (north) island should be developed with residential units other than single-famil homes. Section 2. The ( ity Manager is authorized to cause the issuance of permits in accordance with the apl: royals and conditions herein provided and to indicate such approvals and conditions ~pon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Re,, lution was offered by Commissioner Beskin, who moved its adoption. The motion w~ , seconded by Commissioner Rogers-Libert, and upon being put to vote, the vote was ', follows: Resolution No. 98-77 Page 3 Commissioner Arthur Berger Commissioner Jay R. Beskin yes Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow ~,es Commissioner Patricia Rogers-Libert yes Vice M ~yor Ken Cohen yes Mayor ~,rthur I. Snyder PASSED AND ADOI)TED this 1st day of September, 1998. Arthur I. Snyder,/May~r ATTEST: Teresa M. Smith, CMC, Cit Clerk APPROVED AS TO LEGAl SUFFICIENCY: City~''-' This Resolution was filed n the Office of the City Clerk this ~ day of September, CITY CLERK