2003-044RESOLUTION NO. 2003-44
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
238(k) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW MECHANICAL EQUIPMENT, WHICH IS LOCATED OUTSIDE
A BUILDING, TO BE LOCATED IN THE FRONT YARD WHERE
MECHANICAL EQUIPMENT IS PERMITTED ONLY IN SIDE OR REAR
YARDS BY CODE; GRANTING VARIANCE FROM SECTION 31-238(k)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW
MECHANICAL EQUIPMENT WITH A SETBACK OF 21 FEET FROM
THE PROPERTY LINE, WHERE A MINIMUM SETBACK OF 26 FEET IS
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 2600 ISLAND
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the applicants, 2600 Island Boulevard Inc., and 2600 Island
Boulevard Condominium Association Inc., through Application No. 05-VAR-03, are
requesting variance from Section 31-238(k) of the City's Land Development
Regulations to allow mechanical equipment, which is located outside the building, to be
located in the front yard, where mechanical equipment is permitted only in side and rear
yards by Code; and variance from Section 31-238(k) of the City's Land Development
Regulations to allow mechanical equipment with a setback of 21 feet from the property
line, where a minimum setback of 26 feet is required by Code; and
WHEREAS, following proper notice, 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.
Resolution No. 2003-44
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Variance from Section 31-238(k) of the City's Land
Development Regulations to allow mechanical equipment, which is located outside the
building, to be located in the front yard where mechanical equipment is permitted only in
side and rear yards by Code and to allow a 21 foot setback from the property line where
a minimum 26 foot setback is required by Code, are hereby granted, subject to the
conditions set out in this Resolution, on property legally described as a portion of Tract
"B" of Williams Island Amended, as recorded in Plat Book 126, Page 49 of the Public
Records of Miami-Dade County, more particularly described in Exhibit A to this
resolution, aka 2600 Island Boulevard, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
· "2600 Island Boulevard", Boundary Survey, prepared by ConsuI-Tech
Engineering Inc., dated 2/25/03.
· "Williams Island 2600", Planting Plan, Notes & Details, Sheet 01,
prepared by Enviroscapes Inc., dated 12/02/02.
· "Williams Island 2600 Cooling Tower Replacement", Part. Site Plan,
Sheet $P-1, prepared by Erdozain Consulting Engineers Inc., dated
10/30/02.
· "Williams Island 2600 Cooling Tower Replacement", Elevations, Sheet
EL-l, prepared by Erdozain Consulting Engineers Inc., dated 10/30/02.
· "Williams Island 2600 Cooling Tower Replacement", Demolition Plan,
Sheet S~I, prepared by Erdozain Consulting Engineers Inc., dated
10/30/02.
· "Williams Island 2600 Cooling Tower Replacement", Foundation Plan,
Sheet $-2, prepared by Erdozain Consulting Engineers Inc., dated
10/30/02.
· "Williams Island 2600 Cooling Tower Replacement", Sections, Sheet S-3,
prepared by Erdozain Consulting Engineers Inc., dated 10/30/02.
· "Williams Island 2600 Cooling Tower Replacement", General Construction
Notes and Details, Sheet S-4, prepared by Erdozain Consulting Engineers
Inc., dated 10/30/02.
Permits shall be obtained within thirty (30) days of the date of the
Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission.
Resolution No. 2003-44
Page 3
3. Prior to issuance of a Certificate of Completion, the south elevation of the
parking garage shall be painted to remove the discoloration caused by the
temporary cooling towers.
4. The applicant shall disconnect the temporary cooling unit within one (1)
day of issuance of the Certificate of Completion for the permanent cooling
towers and shall expeditiously remove the temporary cooling unit from the
site.
5. As proffered by the applicant at the public hearing, if the noise concerns
caused by the temporary cooling tower are not abated by the installation of
the permanent cooling towers, enclosure and landscaping, as determined
by the City Manager, the applicant shall expeditiously enclose the existing
opening between the second and third parking level on the west side of the
three-story parking structure. Permits for such work shall be obtained by
the applicant.
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.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Grossman, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Robert Diamond
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
yes
yes
absent
yes
yes
yes
Resolution No. 2003- 44
Page 4
PASSED AND ADOPTED this 6th day of May, 2003.
T~RI~A M. ~OR--~, (~MC
CI~..Y CLERK~_~
APPROVED AS TO LEGAL SUFFICIENCY:
This Resolution was filed in the Office of tho City Clerk this ~ day of ]q~t.~ . 2003.
EXHIBIT A TO RESOILTION NO. 2003-6~
LEGAL DESCRIPTION OF COOLING TOWER:
A PORTION OF TRACl 'B'OF WILLIAMS ISLAND AMENDED, AS RECORDED
IN PLAT BOOK 126, PAGE 49 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE 2600 ISLAND
BOULEVARD CONDOMINIUM ASSOCIATION BOUNDARY AS SHOWN
IN "TWELFTH SUPPLEMENTAL DECLARATION", AS RECORDED IN
OFFICIAL RECORDS BOOK 18554, PAGE 3207 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
THENCE NORTH 27° 24'52" EAST, A DISTANCE OF 45.57 FEET;
THENCE SOUTH 62° 55'26" EAST, A DISTANCE OF 4.50 FEET;
THENCE NORTH 27° 24'55" EAST, A DISTANCE OF 10.3.3 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 62°55'27'' WEST, A DISTANCE OF 27..58 FEET;
THENCE NORTH 27° 24'54" EAST, A DISTANCE OF 60.42 FEET;
THENCE SOUTH 62° .35'27" EAST, A DISTANCE OF 27..58 FEET;
THENCE SOUTH 27° 24'.34" WEST, A DISTANCE OF 60.42 FEET TO THE
POINT OF BEGINNING.
SAID LAND SITUATED IN AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
CONTAINING 1,666 SQAURE FEET, MORE OR LESS.