99-010RESOLUTION NO. 99-10
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF PROPERTY CURE FOR EMINENT DOMAIN
PROCEEDINGS FOR PROPERTY LOCATED AT 20708
BISCAYNE BOULEVARD AND LEGALLY DESCRIBED IN
EXHIBIT #1; GRANTING A NON-USE VARIANCE OF
SETBACK REQUIREMENTS TO WAIVE FIVE FEET (5')
OF THE REQUIRED FIFTEEN FOOT (15') SIDE STREET
SETBACK WHERE A TEN FOOT (10') SETBACK IS
PROPOSED (BISCAYNE BOULEVARD); GRANTING A
RELEASE OF PREVIOUSLY APPROVED RESOLUTION
NO. 3-ZAB-449-65; GRANTING A NON-USE VARIANCE
OF DECORATIVE MASONRY WALL REQUIREMENTS
WHERE NO WALL IS PROPOSED; GRANTING A NON-
USE VARIANCE TO WAIVE THREE FEET (3') OF THE
REQUIRED TEN FOOT (10') LANDSCAPE STRIP
BETWEEN A DECORATIVE MASONRY WALL AND
PROPERTY LINE WHERE SEVEN FOOT (7') OF
LANDSCAPING IS PROPOSED; GRANTING A NON-USE
VARIANCE OF SETBACK REQUIREMENTS TO WAIVE
FIVE FEET (5') OF THE REQUIRED TWENTY FOOT (20')
REAR SETBACK WHERE A FIFTEEN FOOT (15')
SETBACK IS PROPOSED (NE 28 AVENUE); GRANTING A
NON-USE VARIANCE PROHIBITING PARKING SPACES
TO BACK INTO AN ADJACENT PRIVATE OR PUBLIC
STREET WHERE THE PROVISION OF TWO (2) SUCH
SPACES IS PROPOSED; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned BU-1A, Neighborhood
Business District; and
WHEREAS, the applicant Marlo Kaller, through Application No. 03-VAR-99, is
requesting Site Plan approval in conjunction with the following non-use variance as
prompted by the FDOT taking of a portion of the subject property located at 20708
Biscayne Boulevard:
Resolution No. 99-10
Page 2
1. Variance from Section 33 of the Miami-Dade County Code requiring a fifteen (15)
foot side street setback (from Biscayne Boulevard) where a ten (10) foot setback is
proposed;
The following requests are also being made:
2. Release of Resolution No. 3-ZAB--449-65 which granted Unusual Use approval to
permit a palm reading parlor; and
3. Variance from Section 33 of the Miami-Dade County Code requiring a decorative
masonry wall setback ten (10) feet from the official right-of-way line at the rear of
the lot (NE 28 Avenue), where the business lot lies across the street from RU zoned
property, where the provision of no decorative wall is proposed; and
4. Variance from Section 33 of the Miami-Dade County Code requiring a ten-foot strip
of landscaping between a decorative masonry wall and a property line, where the
business lot lies across the street from RU zoned property, where the provision of
seven-foot strip of landscaping is proposed; and
5. Variance from Section 33 of the Miami-Dade County Code requiring a twenty (20)
foot rear setback (from NE 28 Avenue) where a fifteen (15) foot setback is
proposed; and
6. Variance from Section 33-132 of the Miami-Dade County Code prohibiting parking
spaces requiring exiting cars to back out into an adjacent private or public street
where the provision of two (2) such spaces is proposed.
The site plan will supercede all previously approved site plans.
Resolution No. 99-10
Page 3
WHEREAS, request #1 is being made in order to cure Non-conformities created
by FDOT's acquisition of a portion of the subject property; and
WHEREAS, the Community Development Department recommends approval of
the requests subject to conditions; and
WHEREAS, the City Commission has held a public hearing as provided by law;
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 03-VAR-99, requesting Site Plan approval in
conjunction with the following non-use variance as prompted by the FDOT taking of a
portion of the subject property located at 20708 Biscayne Boulevard:
1. Variance from Section 33 of the Miami-Dade County Code requiring a fifteen (15)
foot side street setback (from Biscayne Boulevard) where a ten (10) foot setback is
proposed; on property legally described as: SEE ATTACHED EXHIBIT #1 A/K/A
20708 BISCAYNE BOULEVARD AVENTURA, FLORIDA
is hereby granted subject to conditions as outlined herein.
Section 2. Release of Resolution No. 3-ZAB-449-65 which granted Unusual
Use approval to permit a palm reading parlor is hereby granted.
Section 3, Variance from Section 33 of the Miami-Dade County Code
requiring a decorative masonry wall setback ten (10) feet from the official right-of-way
Resolution No. 99-10
Page 4
line at the rear of the lot (NE 28 Avenue), where the business lot lies across the street
from RU zoned property, where the provision of no decorative wall is proposed, is
hereby granted subject to conditions as outlined herein.
Section4. Variance from Section 33 of the Miami-Dade County Code
requiring a ten-foot strip of landscaping between a decorative masonry wall and a
property line, where the business lot lies across the street from RU zoned property,
where the provision of seven-foot strip of landscaping is proposed is hereby granted
subject to conditions as outlined herein.
Section $. Variance from Section 33 of the Miami-Dade County Code
requiring a twenty (20) foot rear setback (from NE 28 Avenue) where a fifteen (15) foot
setback is proposed is hereby granted subject to conditions as outlined herein.
Section $. Variance from Section 33-132 of the Miami-Dade County Code
prohibiting parking spaces requiring exiting cars to back out into an adjacent private or
public street where the provision of two (2) such spaces is proposed is hereby granted
subject to conditions as follows:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Proposed Front (South) Elevation; and
· Site Plan and Notes, sheet SP-1, prepared by Joseph B. Kaller & Associates, P.A.,
revised dated 2~24~99, signed and sealed dated 2/25/99; and
· Landscape Plan, sheet L-l, prepared by Joseph B. Kaller & Associates, P.A.,
revised dated 2124199, signed and sealed dated 2124199; and
Resolution No. 99-10
Page 5
· Proposed Elevations, sheet A-2, prepared by Joseph B. Kaller & Associates, P.A.,
revised dated 2~24~99, signed and sealed dated 2~25~99; and
· Proposed Elevations, sheet A-3, prepared by Joseph B. Kaller & Associates, P.A.,
revised dated 2/24/99, signed and sealed dated 2/25~99.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission.
PROJECT SPECIFIC CONDITIONS
1. Applicant shall provide a covenant requiring that parking spaces to the north of the
building be used for employees only. Such covenant shall be recorded in the public
records, all costs to be borne by the applicant, prior to issuance of a building permit.
2. Signage shall be placed at the parking spaces to the north of the building identifying
that the spaces shall be used by employees only.
3. The use of the parking spaces to the north of the building shall be terminated in the
event that the City Commission determines, after a public hearing, that backing from
the spaces is unsafe and/or may become unsafe. The public hearing shall be set if
the City Manager or designee finds probable cause to believe that an unsafe
condition has been or will be created.
4. More specific information will be required at time of permitting regarding the
screening for the rooftop equipment, prior to approval of building permit.
5. All wall mounted exterior parking lights shall be properly screened and/or diffused
so as not to cause a glare on adjacent properties and/or roadways.
Resolution No. 99-10
Page 6
Section 7. The site plan will supercede all previously approved site plans.
Section 8. 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 9. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Perlow
who moved its adoption. The motion was seconded by CommissionerRogers-Libert
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
PASSED AND ADOPTED this 2"d day of March, 1999.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
Resolution No. 99-1o
Page 7
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A~I'TORN EY
This Resolution was filed in the Office of the City Clerk this ~2 day of~:~'? '~./, 1999.
CITY CLERK
LEGAL DR~CRIPTION:
Lots I, 2, 3, 4 and 5, in Block 6, of, "HALLANDALE PARK NO. 9", according to th~ Plat thereof, as recorde~
in Pi~I Book 23, al Page 26, of the Public gccord~ of K. tiami-I)ade ('oont)., F'lorida.
Tho~ portions of Lots 2 through 5 inclusive, t'~lock 6. "HAI,LANI)ALE PAR~ NO. 9", according to the Plat
tbe~eaf, as recorded in Plat Book 23. at Page 26, of the Public Records (~1' I)ade County, Florida, in the No~t. hwest
oue~uarter (N.W. I/4) of Section 34, Township 51 South, Range 42 t~a~t, and being more particularly desc~bed as
fo~ov~:
C~ at the Notlhwest corner of said Lot 2; thence along the North line of' said Lot 2, North 87' 45' 57" East
a distance of 8.750 meters (28.71 feet) to thc POINT OF BEGINNING; thence continue along said North line,
Nerth 87° 45' 57" East a distance of 0.734 meters (2.41 feet) to n point of curvature of' a circular curve concave to
the Southwest and having a radius of -/.620 meters (25.00 feet); thence rim Northeasterly, Southeasterly md
Southwesterly along the arc ot. said circular curve to thc right through n central angle et' 114° 36' 07" t.or a
distance of 15.241 meters (5000 feet) to a point of' tangency; thel~cc along tim Southeasterly line of said Lots 2
tl'~)u~ 5, South 22° 22' 04" West a distance ot'48.738 meters (159.00 fcet) lo a point of curvature ora circular
cm've concave to thc N~ and having a radius of 4.572 meter~ (15.00 feet); thence run Southwesterly,
Wmledy and Northwesterly along the arc of said circular curve to tee right through a central angle of 137~ 52'
for a disgrace of I 1.001 meters (36.09 feet); thence North 28° 47' 42" }~st a dis~nce of 52.20:3 meters (171.2'7
feet); thence North 32° 34' 55" West a distance of 11.410 meters (3 ?.43 feet) to the POINT OF BEG'INNING.
~: 2070~ Biscayne P, oulevard, Aventura, FloridR 33180
EXHIBIT #1