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99-046 RESOLUTION NO. 99-46 A RESOLUTION OF THE CITY COMMISSION OF THE cl'rY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 1101 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 500-GALLON ABOVE-GROUND FUEL STORAGE TANK FOR AN EMERGENCY GENERATOR IN THE RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL ZONING DISTRICT, WHERE NO ABOVE GROUND FUEL STORAGE TANKS ARE ALLOWED FOR PROPERTY LOCATED AT 19500 TURNBERRY WAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multi-Family High Density Residential District; and WHEREAS, the applicant, Marina Tower of Turnberry Isle Condominium Association, Inc., through Application No. 08-VAR-99, is requesting a variance from Section 1101 of the City's Land Development Regulations to allow a 500-gallon above- ground fuel storage tank for an emergency generator in the RMF4, Multi-Family High Density Residential zoning district, where no above ground fuel storage tanks are allowed; and 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. Resolution No. 99-46 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 08-VAR-99, requesting variance from Section 1101 of the City's Land Development Regulations to allow a 500-gallon above-ground fuel storage tank for an emergency generator in the RMF4, Multi-Family High Density Residential zoning district, where no above ground fuel storage tanks are allowed on property legally described as: A portion of Tract "DD" of Fifth Addition Biscayne Yacht and Country Club, Plat Book 99, Page 20, Public Records of Miami- Dade County, Florida. NK/A Marina Tower of Turnberry Isle Condominium 19500 Turnberry Way Aventura, Florida is hereby approved subject to the following conditions: 1. The proposed fuel tank shall be of no more than 500 gallons capacity, shall be of double-walled construction, shall be of an approved design for the intended use, shall be installed by an approved contractor, and shall be located in substantial conformity with that indicated in Exhibit #1. 2. The applicant shall remove the existing underground fuel tank in a manner approved by the Miami-Dade County Department of Environmental Resources Management. 3. The applicant shall apply for building permits from the City within 180 days of the variance approval or the approval shall be null and void, Resolution No. 99-46 Page 3 Section 2. 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. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner ~erlow , who moved its adoption. The motion was seconded by Commissioner Ro§ers-L~l)ert: , 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 Harry Holzberg abstained Commissioner Jeffrey M. Perlow yes Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 7th day of September, 1999.//~ ATTEST: TERESA M. sORO~i CMc/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Resolution No. 99-46 Page 4 This Resolution was filed in the Office of the City Clerk this 8th day of September, 1999. CITY CLERK new tank MA~I f'4/~ TO \V E P._