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HomeMy Public PortalAbout2016-08 Approving a variance from the dock and mooring pile requirements on the property located at 120 Cape Florida DriveRESOLUTION NO. 2016®8 ~Df-D. ~~~ /Ii zz <jpe~dkJ III 2 ~-R€wgN OE B~3'si'ia3,y:~Eof RU I,,£ Cl"E N O x.164 P 11 A RESOLUTION OF" THE VILLAGE COUNCIL OF TIDE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE FROM THE DOCK AND MOORING PILE REQUIREMENTS PROVIDED IN SECTION 30®100(F)(4) OF THE VILLAGE CODE OF ORDINANCES ON THE PROPERTY LOCATED AT 120 CAPE FLORIDA D RIVE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Gerda Guggenheim (the "Applicant") is the owner of 120 Cape Florida Dri-,,,e, Key Biscavillo, Florida (the "Property"); and WHEREAS, pursuant to Section 3063 of the Village Code of Ordinances (the "Village Code"), the Applicant has submitted a Planning and Zoning Application, bearing Public Nearing # ITV-36, seeking to vary the dock and mooring pile requirements of Section 30-100(0(4) of the Village Code (the "Variance"): 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, THEREFORE, DE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE; OF I~EY BISCAYNE, FLORIDA, AS FOLLOWS- Section L Recitals Ad®I ted. The recitals set forth above are hereby adopted and conZrined. Section 2. I+lndln s. The Village Council finds that the Applicant has met all of the requirements in Section 30-63 of the Village Code. Specifically, the Village Council finds that the Variance will: (a) result in conditions that maintain and are consistent in all material respects with the intent and purpose of the Village Code, and that the general welfare, stability and appearance of the community will be protected and maintained; and (b) be compatible with the surrounding land uses, and otherwise consistent with the Village Code and the Comprehensive Plan, and will not be OR BK 30026 PG 40e2LAST PAGE detrimental to the community. Section 3,Annroval of Variance. The Village Council hereby approves the Applicant's request to vary the provisions of Section 30-100(I)(4) of the Village Code to permit: (a) a dock to project 18 feet, 8 inches from the bulkhead of the Property; and (b) tiro (2) mooring piles to project 38 feet, 8 inches from the bulkhead of the Property. Section 4® recording, This Resolution shall be recorded, prior to the issuance of a building permit, by the Applicant at its expense in the public records of Miami-Dade County. A copy of the proof of recordation shall be submitted to the wilding, Zoning and Planning Department prior to the issuance of any building permits. Section 5. Effective Date. 't'his Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 23 day of February, 2016. ATTEST: CONCHITA H. ALVAREZ, MMC, VILLAGE CLER APPROVED AS T® FORM AID LEGAL SUFFIC,IEN't. U i VILLAGE AT'I'®PtE 2