HomeMy WebLinkAboutR-2015-094 - Approved Special Exception (SE-44-15) to allow a Marina Use for Property at 441 NE 2 Street RESOLUTION NO. 2015-094
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION (SE-44-15) TO
ALLOW A MARINA USE PURSUANT TO A REQUEST SUBMITTED BY
BONNIE MISKEL,ESQ. WITH DUNAY,MISKEL AND BACKMAN,LLP, ON
BEHALF OF THE ARCHDIOCESE OF MIAMI CHURCH OF RESURRECTION
C/O SUZAN DOCKERY, ESQ., FOR PROPERTY LOCATED AT 441 NE 2
STREET IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28, Part 6 of the Land Development Code(the"LDC"),Article 630,
entitled "Special Exception Uses", states that special exceptions may be approved by the City
Commission; and
WHEREAS,Bonnie Miskel,Esquire with Dunay,Miskel and Backman,LLP,on behalf of
the Archdiocese of Miami Church of Resurrection C/O Suzan Dockery,Esq.,is requesting a special
exception to allow a marina use in the Single-Family Residential (RS-8000) zoning district, per
Section 105-20 of the LDC; and
WHEREAS,the City Commission conducted a duly noticed public hearing in accordance
with Article 610 of the LDC;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That special exception application(SE-44-15)is approved with the following
conditions:
1. Applicant must provide access to the property during construction via NE 4 Court or
through the church property;
2. Applicant must provide deed restriction limiting uses to boat detailing, minor boat
repair,the receiving of boat supplies,food or other types of provisions used to stock a
boat.
Section 2. That the 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 federal agency,and
does not create any liability on the part of the municipality for issuance of the permit if the Applicant
fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal
agency, or undertakes actions that result in a violation of state or federal law.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 8, 2015.
ATTEST: 'S FlRSt
CA)
LOUISE STILSON, CMC COX. SALVINO, SR.
CITY CLERK gyp. YOR
APPROVED AS TO FO AN CORRECTNESS:
THOMA3 J. B O #
CITY ATTORNEY
2 RESOLUTION#2015-094