HomeMy Public PortalAbout2021-22 Affirming the B, Z, P Director's determination that an appeal was untimely filed relating to the issuance of permits for telecommunication facilities located at 210 Seaview DriveRESOLUTION NO. 202I.22
A RE,SOLUTION OF THE VILLAGE COI]NCIL OF THE
VILLAGE OF KEY BISCAYNEO FLORIDAO AFFIRMING
THE BUILDING, ZONING, AND PLANNING DIRECTOR'S
DETERMINATION THAT AN ADMINISTRATIVE
APPEAL WAS TJNTIMELY FILED RELATING TO THE
ISSUANCE OF PERMITS FOR TELECOMMUNICATION
FACILITIES LOCATED AT 210 SEAVIEW DRIVE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on September 11,2020, Protect Key Biscayne, Inc. and a group of Village
residents (the "Appellant") filed an administrative appeal, pursuant to Section 30-70 of the
Village Code of Ordinances (the "Village Code") relating to the issuance of permits for
telecommunication facilities located at 2I0 Seaview Drive issued on August 28, 2018 and
October 15, 2018, respectively; and
WHEREAS, pursuant to Section 30-70(bX2) of the Village Code of Ordinances (the
"Village Code"), appeals of administrative decisions must be filed "within 30 days of the date of
the administrative order, decision or interpretation is rendered;" and
WHEREAS' on November 25, 2020, the Village's Director of Building, Zoning and
Planning (the "Director") issued a determination rejecting the September 11, 2020 appeal, as
untimely, since it was filed approximately 745 and 697 days after the permits were issued; and
WHEREAS, on December 23, 2020, the Appellant filed an appeal of the Director's
November 25,2020 determination in accordance with Section30-70 of the Village Code; and
WHEREAS, after proper public notice, the Village Council conducted a public hearing
and considered all testimony and other evidence presented and otherwise made part of the
record.
NOW, THEREFOREO BE IT RESOLVED BY THE VILLAGE COTINCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLO\ilS:
Page I of2
Section 1. Recitals. Each of the above-stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. Affrrming Administrative Determination. The Village Council hereby
affirms the Director's November 25,2020 determination rejecting the Appellant's September I l,
2020 appeal, as untimely, since it was filed approximately 745 afi 697 days after the pemrits
were issued
Section 3. Bffective Date. This Resolution shall be effective immediately upon
adoption.
PASSED andADOPTED this 27h day of April, 2021.
k
MICHAEL W. DAVEY,
u4 HAV
DAY OF APRIT, 2O2I:ATTEST A}ID RENDERED THIS
o
VILLAGE CLERK
APPROVED AS TO FORM A}ID LEGAL SUFFICIENCY:tu/,;
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page2 of2