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HomeMy WebLinkAboutR-2016-111 Approves the Submittal of an Application for the Vacation of a Portion NE 1st Ave. Without the Submittal of a New Plat Submitted by Ramesh Acquisitions, LLC. RESOLUTION NO. 2016-111 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SUBMITTAL OF AN APPLICATION FOR THE VACATION OF A PORTION OF NE 1 sT AVENUE WITHOUT THE SUBMITTAL OF A NEW PLAT SUBMITTED BY RAMESH ACQUISITIONS, LLC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Part 6 of the Dania Beach Land Development Code (the "LDC"), Article 655, entitled "Vacations of Right-of-Way", 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, Ramesh Acquisitions, LLC, has requested the City Commission to waive the requirement of a new plat in order to submit a vacation to waive a portion of NE 1" Avenue adjacent to the property located at the Northeast corner of Dania Beach Boulevard and US 1/Federal Highway; and WHEREAS, the City Commission has determined that the submission and approval of a new plat associated with the requested right-of-way vacation would cause an undue hardship to the property owner and pursuant to City Code Section 655-30(D), grants a waiver to the requirements for new plat submission and approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the City Commission has agreed to waive the requirement for the submittal and approval of a new plat in connection with an application for a vacation of a portion of NE 1st Avenue. Section 3. This Resolution allows the Applicant to submit and process a right of way vacation without the need to replat the property but does not grant the vacation itself nor convey the approval of such vacation. Section 4. 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 undertake actions that result in a violation of state or federal law. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 23, 2016. ATTEST: o�P�s FIR,Sr LOUISE STILSON, CMC , CO A. SALVINO, SR. CITY CLERK AYOR NCf;6gpORA'�O APPROVED TO FORM AND CORRECTNESS: r) � � 1� THO AS ANY O CITY AT RN 2 RESOLUTION#2016-111