2007-039
RESOLUTION NO. 2007-39
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31-171(b)(1) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW TWO (2) ENCLOSED PARKING SPACES AND
ONE (1) UNENCLOSED PARKING SPACE FOR EACH OF
THE TWO UNIT B SINGLE FAMILY RESIDENCES WITHIN
THE "VILLAS AT AVENTURA" DEVELOPMENT, WHERE
A MINIMUM OF ONE (1) ENCLOSED PARKING SPACE
AND TWO (2) UNENCLOSED PARKING SPACES FOR
EACH UNIT ARE REQUIRED BY CODE; FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF NE 34
AVENUE AND NORTH COUNTRY CLUB DRIVE; CITY OF
A VENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RS2, Single Family
Residential District, and
WHEREAS, the applicant, 5 AV, LLC, through Application No. 02-VAR-07, is
requesting a variance from Section 31-171 (b)( 1) of the City's Land Development
Regulations to allow two (2) enclosed and one (1) unenclosed parking spaces each for
two Unit B single family residences in the Villas at Aventura development, where one
(1) enclosed and two (2) unenclosed spaces for each unit are required by Code.
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a variance from Section 31-171(b)(1) of the City's
Land Development Regulations to allow two (2) enclosed and one (1) unenclosed
parking spaces for each of the two Unit B single family residences in the Villas of
Aventura development, where one (1) enclosed and two (2) unenclosed spaces are
required for each unit by Code, on property legally described as follows:
Portion of Tract F of First Addition Biscayne Yacht and Country Club, according
to the plat thereof as recorded in Plat Book 89, Page 100 of the Public Records
Resolution No. 2007-39
Page 2
of Miami-Dade County, Florida, City of Aventura, more particularly described in
Exhibit "A"
is hereby granted, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
. "Villas at Aventura", Site Plan, Sheet 01, prepared by J. Scott Architecture, P.A.,
dated 7/20/07, last revised 7/25/07, signed and sealed 7/25/07.
. "Villas at Aventura", Landscape Plan, Sheet L-1, prepared by Witkin Hults
Design Group, dated 07/24/07, signed and sealed 7/26/07.
. "Villas at Aventura", Landscape Plan, Sheet L-2, prepared by Witkin Hults
Design Group, dated 07/24/07, signed and sealed 7/26/07.
2. Permits shall be obtained within twelve (12) months 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.
3. Prior to issuance of a building permit, the applicant shall provide to the City a
restrictive covenant, in form satisfactory to the City Manager and City Attorney,
that requires the two (2) enclosed parking spaces on each of the two Unit B
homes, as shown on the approved plan, to be maintained and available at all
times for parking of vehicles. Such covenant shall be recorded in the Public
Records of Miami-Dade County, Florida. All expenses of such recordation shall
be borne 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 Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner lev Auerbach yes
Commissioner Billy Joel yes
Commissioner Teri Holzberg yes
Commissioner Bob Diamond yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
Resolution No. 2007-~
Page 3
PASSED AND ADOPTED this 11th day of Sept mber, 2007.
APPROVED AS TO LEGAL SUFFICIENCY:
CITY !;;iJ;;Yl Lvh
1 ed in t e Office 01 the City Clerk this ,1*Jaav ~ 2007.
u.-
Resolution No. 2007-39
Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Tract "F" of "First Addition Biscayne Yacht and Country Club" according to
the plat thereof as recorded in Plat Book 89 at Page 100 of the Public Records of
Miami-Dade County, more particularly described as follows:
Commence at the west % corner of Section 35, Township 51, Range 42 East, City of
Aventura, Miami-Dade County, Florida;
Thence South 02 degrees 00 minutes 25 seconds East for 1.60 feet to a point of
curvature of a circular curve concave to the northwest;
Thence along the arc of said curve, having a radius of 1091.35 feet and a central angle
of 10 degrees 19 minutes 43 seconds for 196.74 feet to a point on said curve;
Thence South 81 degrees 40 minutes 42 seconds East on a line radial to the point on
curve for 50 feet to a point on the boundary of said Tract "F";
Thence South 08 degrees 19 minutes 18 seconds West for 1 .69 feet to the point of
beginning of said parcel of land;
Thence along the boundary of said Tract "F" for the following three (3) courses:
(1) Thence continue South 08 degrees 19 minutes 18 seconds West for 96 feet to a
point of curvature of a circular curve concave to the northeast;
(2) Thence along the arc of said curve having a radius of 50 feet and a central
angle of 90 degrees for 78.54 feet to the point of tangency;
(3) Thence South 81 degrees 40 minutes 42 seconds East for 1 06 feet to a point on
said boundary of Tract "F";
Thence North 08 degrees 19 minutes 18 seconds East for 146 feet;
Thence North 81 degrees 40 minutes 42 seconds West for 156 feet to the point of
beginning.