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99-038 RESOLUTION NO. 99-38 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A RELEASE OF MIAMI-DADE COUNTY RESOLUTION NO. 2696; GRANTING APPROVAL OF A RELEASE OF MIAMI- DADE COUNTY RESOLUTION NO. 4-ZAB-471-79; GRANTING APPROVAL OF A VARIANCE FROM SECTION 704.3.5(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF NINETEEN (19) FEET WHERE TWENTY-FIVE (25) FEET IS REQUIRED FOR PROPERTY LOCATED AT 17700 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant Drew Wolf, through Application No. 07-VAR-99 is requesting the following: 1. A release of Miami-Dade County Resolution No. 2696 approved December 4, 1947, which limited the use of the site to certain specified land uses and required a restrictive covenant to be entered in the public record; and 2. A release of Miami-Dade County Resolution No. 4-ZAB-471-79 approved December 10, 1979, which added "office building" to the specified uses for this site; and 3. A variance from Section 704.3.5(d) of the City's Land Development Regulations to allow a front yard setback of nineteen (19) feet where twenty-five (25) feet is required for the development of a retail building on the subject property; and Resolution No. 99-38 Page 2 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a release of Miami-Dade County Resolution No. 2696 approved December 4, 1947, which limited the use of the site to certain specified land uses and required a restrictive covenant to be entered in the public record is hereby approved. Section 2. Application for a release of Miami-Dade County Resolution No. 4- ZAB-471-79 approved December 10, 1979, which added "office building" to the specified uses for this site is hereby approved. Section 3. Application No. 07-VAR-99, requesting a variance from Section 704.3.5(d) of the City's Land Development Regulations to allow a front yard setback of nineteen (19) feet where twenty-five (25) feet is required on property legally described as; LOTS 15 AND 16 LESS THE NORTH 25.00 FEET THEREOF LESS AND EXCEPT THE EAST 33.75 FEET FROM THE ABOVE DESCRIBED LOTS OF "MAULE FEDERAL HIGHWAY INDUSTRIAL SITES", AT PLAT BOOK 46, AT PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA Resolution No. 99-38 Page 3 A/K/A 17700 BISCAYNE BOULEVARD AVENTURA, FLORIDA is hereby approved subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: · Site Plan, Drawing SP-1, prepared by Arc-Tech Associates Incorporated, dated June 15, 1999. 2. The applicant shall obtain a building permit within twelve (12) months of the date of the Resolution or the approval granted shall be deemed null and void unless extended by a motion of the City Commission. Section 4. 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. SectionS, This Resolution shall become effective immediately upon its adoption. The foregoing Resolution wes offered by Commissioner Cohen, who moved its adoption. The motion wes seconded by Vice Mayor Rogers~Libert, and upon being put to a vote, the vote wes as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow absent Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes Resolution No. 99-38 Page 4 PASSED AND ADOPTED this 3rd day of August, 1999. ARTHUR I. SN'~DE~ MAYOR ATTEST: TERESA M. sOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this , ;~ day of ~.. ,.~. ~, 1999. CITY CLERK