HomeMy WebLinkAboutR-2017-007 - Recorded Resolution 2017-238 Instrument #114369008 on 05/08/2017 (2) RESOLUTION NO. 2017-007
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SUBMITTAL OF AN APPLICATION
BY BK STERLING INVESTMENT, LLC FOR THE VACATION OF A
PORTION OF RIGHT OF WAY LOCATED ADJACENT TO 1800 STIRLING
ROAD, DANIA BEACH, FLORIDA, PURSUANT TO A REQUEST FOR A
WAIVER FROM THE REQUIREMENTS FOR A NEW PLAT SUBMISSION
AND APPROVAL; 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, BK Sterling Investment, LLC, property owner and applicant, has requested
that the City Commission waive the requirement of a new plat to allow the applicant to submit a
request for vacation of a portion of right-of- way located adjacent to 1800 Stirling Road in the
City of Dania Beach, Florida; 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 LDC Section 655-30(D), the City Commission 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. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and they 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 right-of-way located adjacent to 1800 Stirling Road in the City of Dania Beach, Florida.
Section 3. That 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
constitute 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 January 24, 2017.
ATTEST: oQ°�A�u's�r�r
LOUISE STILSON, CMC T MARA S
CITY CLERK MAYOR
APPROVED AS TO FO AND CORRECTNESS:
THOMAS J. ANSbROI
CITY ATTORNEY
2 RESOLUTION#2017-007