HomeMy WebLinkAboutR-2026-020 OT-35-24- Waiver of Re-Plat 213-255 NW 1 Avenue (Scura)RESOLUTION NO. 2026-020
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST OF A WAIVER OF A
REPLAT (OT-035-24) SUBMITTED BY THE PROPERTY OWNER, SUNDAY
SCURA JR, FOR PROPERTY LOCATED AT 213-225 NW 1ST AVENUE, IN
THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 28, the Land Development Code (the “LDC”) Part 6
“Development Review Procedures And Requirements,” Article 655, “Vacations of Rights-of-
Way” of the City Code of Ordinances (the “City Code”), states that no platted street alley or other
property dedicated to the public use shall be vacated or abandoned except by a new plat submitted
to and approved by the City Commission, unless the City Commission waives the requirement of
a new plat; and
WHEREAS, the property owner, Sunday Scura, Jr (the “Applicant”), applied to the City
of Dania Beach (the “City”) for approval of a waiver of a replat (OT-035-24) for the property
located at 213-225 NW 1st Ave, which is more fully described on the attached Exhibit “A” which
is incorporated by this reference; and
WHEREAS, the request is consistent with Section IV of the Future Land Use Element of
the City of Dania Beach Comprehensive Plan (the “FLU Element”), titled “IV. Requirements for
Future Land Use Goals, Objectives, and Policies”; and
WHEREAS, LDC Section 655-30(d) states that the City Commission may waive the
requirement to replat based on its determination that the Applicant has demonstrated that the
criteria identified in the City Code have been satisfied; and
WHEREAS, the Applicant proposes to waive the requirement to replat Lots 2, 3 and 4,
Block 2, TOWN OF MODELO, according to the Plat or Map thereof as recorded in Plat Book
“B”, Page 49 of the Public Records of Miami-Dade County, Florida, which is more fully described
on the attached Exhibit “A”, whose terms are incorporated herein by reference, and
WHEREAS, this request is necessary to cure existing building encroachments; and
WHEREAS, the Applicant has provided sufficient justification demonstrating compliance
with the approval criteria to meet the requirements of the Code; and
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WHEREAS, the City’s staff report analyzes the Applicant’s request based on the criteria
and supports the Applicant’s request and is incorporated by reference herein as the City’s findings;
and
WHEREAS, the City Commission conducted a duly noticed public hearing in accordance
with Article 610 of the LDC; and
WHEREAS, the City Commission finds that the waiver of replat (OT-035-24) request is
consistent with the LDC and Comprehensive Plan;
WHEREAS, the City Commission conducted a duly noticed public hearing in accordance
with law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding “WHEREAS” clauses are ratified and incorporated as a
record of the legislative intent of this Resolution.
Section 2. That pursuant to Chapter 28 “Land Development Code,” Part 6
“Development Review Procedures and Requirements,” Article 655 “Vacations of Right-of-Way,”
that the waiver of the replat (OT-035-24) is approved.
Section 3. That issuance of a development permit by a municipality does not in any
way create any right on the part of an applicant to obtain a permit from a state or deferral agency
and does not create any liability on the part of the municipality for issuance of the permit if the
applicant fails to first obtain requisite approvals or fulfill the obligations imposed by a state or
federal agency or undertakes actions that result in a violation of state or federal law.
Section 4. That the associated Planning & Zoning Division Staff Report prepared for
the above application(s) is incorporated into this resolution as findings of fact.
Section 5. That if any section, clause, sentence, or phrase of this Resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Resolution.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be effective l0 days after passage.
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PASSED AND ADOPTED on February 10, 2026.
Motion by Commissioner Ryan, second by Commissioner Lewllen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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EXHIBIT “A”
LEGAL DESCRIPTION
Lots 2, 3 and 4, Block 2, TOWN OF MODELO, according to the Plat or Map thereof as
recorded in Plat Book “B” , Page 49 of the Public Records of Miami-Dade County, Florida