2003-052RESOLUTION NO. 2003-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-144(c)(5)(d) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD
SETBACK OF 0', WHERE A 25' SETBACK IS REQUIRED BY CODE;
GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-
144(c)(5)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO ALLOW A STREET SIDE YARD SETBACK OF 12'9", WHERE A
20' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW BUFFER STRIPS LESS
THAN 7' IN WIDTH ADJACENT TO THE NORTH AND WEST LIMITS
OF THE BUILDING, WHERE A MINIMUM OF 7' IS REQUIRED BY
CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-
144(c)(5)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO ALLOW A LANDSCAPED OPEN SPACE OF 16%, WHERE A
MINIMUM 33% IS REQUIRED BY CODE; GRANTING APPROVAL OF
A VARIANCE FROM SECTION 3t-171(a)(7) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT
SETBACK OF 2.5', WHERE A MINIMUM OF 10' SETBACK IS
REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT
REGUALTIONS TO ALLOW $ PARKING SPACES, WHERE 13
PARKING SPACES ARE REQUIRED BY CODE FOR PROPERTY
LOCATED AT 17900 BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Alan S. Rosenthal c/o Y & A Investments, Inc.,
through Application No. 06-VAR-03, is requesting a variance from Section 31-
144(c)(5)(d) of the City's Land Development Regulations to allow a front yard setback of
0', where a 25' setback is required by Code; a variance from Section 31-144(c)(5)(d) of
the City's Land Development Regulations to allow a street side yard setback of 12'9",
Resolution No. 2003-52
Page 2
where a 20' setback is required by Code; a vadance from Section 31-221(i)(2) of the
City's Land Development Regulations to allow buffer strips less than 7' in width
adjacent to the north and west limits of the building, where a minimum of 7' is required
by Code; a variance from Section 31-144(c)(5)(a) of the City's Land Development
Regulations to allow a landscaped open space of 16%, where a minimum of 33% is
required by Code; a variance from Section 31-171(a)(7) of the City's Land Development
Regulations to allow a parking pavement setback of 2.5', where a minimum of 10'
setback is required by Code; and a variance from Section 31-171(b) of the City's Land
Development Regulations to allow 5 parking spaces, where 13 parking spaces 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 31-144(c)(5)(d) of the City's
Land Development Regulations to allow a front yard setback of 0', where a 25' setback
is required by Code; a variance from Section 31-144(c)(5)(d) of the City's Land
Development Regulations to allow a street side yard setback of 12'9", where a 20'
setback is required by Code; a variance from Section 31-221(i)(2) of the City's Land
Development Regulations to allow buffer strips less than 7' in width adjacent to the
north and west limits of the building, where a minimum of 7' is required by Code; a
variance from Section 31-144(c)(5)(a) of the City's Land Development Regulations to
allow a landscaped open space of 16%, where a minimum of 33% is required by Code;
a variance from Section 31-171(a)(7) of the City's Land Development Regulations to
allow a parking pavement setback of 2.5', where a minimum of 10' setback is required
by Code; and a variance from Section 31-171(b) of the City's Land Development
Resolution No. 2003-52
Page 3
Regulations to allow 5 parking spaces, where 13 parking spaces are required by Code,
on property legally described as follows:
Part of Fractional Section 3, Township 52 South, Rage 42 East, less a strip of
land 30.75 feet wide parallel to State Road No. 5, more particularly described in
Exhibit "A".
is hereby granted, subject to the following conditions:
1) Plans shall substantially comply with those submitted as follows:
· "Proposed Diamond City Store", Site Plan, Sheet A-l, prepared by Kobi Karp,
dated 4/7/03, last revised 6/20/03, signed and sealed.
· "Proposed Diamond City Store", Proposed Floor Plan, Sheet A-2, prepared
by Kobi Karp, dated 4/7/03, last revised 5/8/03, signed and sealed.
· "Proposed Diamond City Store", Proposed Showroom Fixture Layout Plan,
Sheet ^-3, prepared by Kobi Karp, dated 4/7/03, signed and sealed
· "Proposed Diamond City Store", Proposed Elevations, Sheet A-4, prepared
by Kobi Karp, dated 4/7/03, last revised 5/8/03, signed and sealed.
· "Proposed Diamond City Store", Proposed Elevations, Sheet A-5, prepared
by Kobi Karp, dated 4/7/03, signed and sealed.
· "Proposed Diamond Jewelry Store", Geometry, Striping, Signage and
Drainage Plan, Sheet C-1, prepared by Gold Coast Engineering Consultants,
Inc., dated 5/25/00, last revised 6/19/03, signed and sealed.
· "Proposed Diamond Jewelry Store", Detail Sheet, Sheet C-2, prepared by
Gold Coast Engineering Consultants, Inc., dated 5/25/00, last revised
6/19/03, signed and sealed.
· "Proposed Diamond Jewelry Store", Electrical Plan, Sheet E-l, prepared by
Gold Coast Engineering Consultants, Inc., dated 5/25/00, last revised
6/19/03, signed and sealed.
· "Proposed Diamond City Store", Planting Plan, prepared by Rosenberg
Gardener Design, dated 4/5/03, last revised 6/20/03, signed and sealed.
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 a signed Lease
with FEC Railway for the installation of eight (8) proposed parking spaces and
landscaping to the west of the property limit; such lease to be continued on an
Resolution No. 2003-52
Page 4
annual basis. The applicant shall provide a copy of the annual renewal of lease
to the City.
4) Prior to the issuance of a building permit, the applicant shall provide a signed
Lease with FEC Railway for the construction of additional parking spaces to the
west of the railway tracks to accommodate employee parking; such lease to be
continued on an annual basis. The applicant shall provide a copy of the annual
renewal of lease to the City.
5) Prior to the issuance of a building permit, the applicant shall prepare and record
a covenant restricting uses on this site to those requiring a parking ratio of not
more than 1 space for each 250 square feet of building area.
6) Prior to issuance of a building permit, the applicant shall record this resolution in
the Public Records of Miami-Dade County. Ail 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 Cohen who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2003-52
Page 5
ATT
SAM. ~ C
' CLER%
APPROVED AS TO LEGAL SUFFICIENCY:
~o~1 u ;oNnEwYa sf
CITY A'
This R~
ERK ~
PASSED AND ADOPTED this 1st day of July, 2003.
F~E~ M. 'PERLOW,
Ithe Office of the City Clerk this /'/_') day of July, 2003.
Exhibit A to Resolution. No. 2003-_
LEGAL DESCRIPTION
Commence at the S.W. comer of fractional Section 3, Township 52 South, Range 42
East, Miami-Dade County, Florida, thence South 89 Degrees, 32 Minutes, 25 Seconds
East along the South Boundary line of said fractional Section 3, for a distance of 209.14
feet to a point on the Northwesterly right of way line of Florida State Road. No. 4 as
shown on plat thereof recorded in Plat Book 34 at Page 53, of the Public Records of
Miami-Dade County, Florida; and which said Florida State Road No. 4 is known also as
United States Highway No. 1; run thence South 18 Degrees, 36 Minutes,'35 Seconds
West along the Northwesterly right of way line of the aforesaid Florida State Road No. 4
for a distance of 1105.64 feet to the Point of Beginning oftbe Parcel of land herein
described;' thence mn North 71 Degrees, 23 Minutes, 25 Seconds West for a distance of
101.80 feet to a point on the Southeasterly right of way line of the Florida East Coast
Railway, thence South 18 Degrees 31 Minutes, 38 Seconds West along the Southeasterly
right of way line of the Florida East Coast Railway for a distance of 125.0 feet to a point;
thence South 71 Degrees, 23 Minutes, 25 Seconds East for a distance of 101.62 f~t to a
point on the Northwesterly right of way line oftbe aforesaid Florida States Road No. 4;
thence North 18 Degrees 36 Minutes, 35 Seconds East along the Northwesterly right of
way line ofltxc aforesaid Florida State Road No. 4 for a distance of 125 feet to the Point
of Beginning of the parcel of land herein described.
LESS:
A strip of land 30.75 fi in width lying in the Northeast ½ of Section 9, Township 52
South, Range 42 East, Miami-Dada County, Florida, being more particularly described as
being bounded on thc North by the Southerly line of Lot 8 of MAULE FEDERAL
HIGHWAY INDUSTRIAL SITES according to the Plat thereof; as recorded in Plat Book
46, at Page 55, of the Public Records of Miami-Dade County, Florida; bounded on the
East by the Southerly prolongation of the Easterly line of said Lot 8, said prolongation is
coincident with the Westerly right of way line of State Road No. 5 (labeled as Road 4) as
shown on Florida State Road Department Right of Way Map, Project No. 41 now known
as Section 87030-2201, as recorded on Road Map Book 34, at Page 52, of the Public
Records of Miami-Dade County, Florida; bounded on the South by a line 125.00 feet
Southerly of and parallel with the Southerly line of said Lot 8 and bounded on the West
by a line 30.75 feet Westerly of and parallel with said Westerly right'of way of State
Road No. 5