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99-009 RESOLUTION NO. 99-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING A NON-USE VARIANCE TO PERMIT THE UNENCLOSED COURTYARD AREA AT AVENTURA MALL, LOCATED AT 19501 BISCAYNE BOULEVARD, TO BE CONSIDERED AS INTERIOR SPACE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Aventura Mall Venture, through Application No. 02- VAR-99, has requested a non-use variance to allow an unenclosed courtyard area at Aventura Mall to be considered as interior space; and WHEREAS, following proper notice, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 02-VAR-99 for non-use variance to allow an unenclosed courtyard area at Aventura Mall to be considered as interior space on property legally described as: Resolution No. 99-09 Page 2 Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of Dade County, aka Aventura Mall 19501 Biscayne Boulevard is hereby granted subject to the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · "Aventura Mall", Site Plan Total Mall Expansion, Drawing 1, prepared by Edward J. DeBartolo & Associates Co., dated July 14, 1997. PROJECT SPECIFIC CONDITIONS 1. The enclosed use for the courtyard area shall be terminated in the event that the City Commission determines, after a public hearing, that the use has created and/or may tend to create noise disturbances. The public hearing shall be set if the Director of the Department finds probable cause to believe that a noise disturbance has been created, based upon complaints received or the Director's observation. 2. The applicant shall provide documentation from Miami-Dade Fire Rescue approving the request and/or approving the site plan prior to commencing utilization of the rlon-use variance. Section 2. This Resolution shall become effective immediately upon its adoption. Resolution No. 99-o9 Page 3 The foregoing Resolution was offered by Commissioner ROCERS-I~]:B~.RT , who moved its adoption. The motion was seconded by Commissioner ]msK~, , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg ,/es Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 2nd day of March, 19~99../] Arthur I. S~yde~ Mayor ATTEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CiT'Y'ATTORNEY This Resolution was filed in the Office of the City Clerk this ~ day of/~,~?~ ~, 1999. CITY CLERK