HomeMy Public PortalAbout2016-35 Approving a variance with conditions from the dock requirements for 360 Harbor Drive.pdfRESOLUTION NO. 2016.35
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
VARIANCE WITH CONDITIONS FROM THE DOCK
REQUTREMENTS PROVTDED rN SECTTON 30-100(Ð(4) OF
THE VILLAGE CODE OF ORDINANCES FOR THE
PROPERTY LOCATED AT 360 HARBOR DRIVE; Ar{D
PROVIDING FOR AN EFFECTIVE DATE
\ilHEREAS, Claudio lnsenga and Annamaria Perrone ("Applicants") are the owners of 360
Harbor Drive, Key Biscayne, Florida (o'Property"); and
\ryHEREAS, pursuant to Section 30-63 of the Village Code of Ordinances ("Village Code"),
the Applicants have submitted a Planning andZoningApplication bearing Public Hearing #RV37,
seeking to varythe dock requirements of Section 30-100(Ð(4) of the Village Code ("Variance"); and
\ilHEREAS, 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
concerning the Variance.
NO\ü, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Findings.The Village Council finds that the Applicants have 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 communitywill be protected and maintained; and (b) be compatible with the surrounding land
uses, and otherwise consistent with the Village Code and Comprehensive Plan, and will not be
detrimental to the community.
Section 3. Approval of Variance. The Village Council hereby approves the Applicants'
request to varythe provisions of Section 30-100(Ð(4) of the Village Code to permit a dock to project
55 feet from the bulkhead of the Property.
Section 4. Conditions. The granting of the Variance approved herein is conditioned upon
the following condition: No mooring piles shall be allowed to be constructed on the Property.
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Section 5. Recordin& This Resolution shall be recorded, prior to issuance of a building
permit, by the Applicants at their expense in the public records of Miami-Dade County, Florida. A
copy of the proof of recordation shall be submitted to the Building, Zoningand Planning Department
prior to the issuance of anybuilding permits. This Resolution shall be considered a covenant running
with the land pursuant to Section 30-66(5) of the Village Code.
Section 6. Effective Date. This Resolution shall be effective immediatelyupon adoption
hereof.
PASSED AND ADOPTED this 29th day of November, 2016.
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MA PENA SAY
H. ALVAREZ,MMC, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTORNEY
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HARVEY RUVIblr CLERP. 0F CtuÊT
I'lIANI"0AÞË C{lUhlïYr FL0RICIADOCUMENT COVERPAGE
For those documents not ploviding the requirecl 3 x 3 incli
space on the first page, this cover page must be attached,
An acJditional recording fèe for this page must be remitted,
(Spacc above lhis Iinc reserved t'crr rccordrng ollìcc trse)
l)ocurnent'fitle: Resolution of the Villag e Council of the Village of Key Biscayne
(Mortgage, Deed, Etc.) approving the regulatory variance for the construction of the
dock.
Return l)ocument To / Prepared By:
Mario Garcia-Serrâ, Esq. - Gunster, Yoakley & Stewart, P'A
600 Brickell Ave nue.S uite 3500
Miami, Florida 33131
3 - i¡chspace at the top right-hand colner on thc first page ancl a 1 - inch by 3 - inch space at the top right-hancl coruer
on each subsequentpageshallbe lelÌblanltand leselvecl fbl use by tLre clerh of cott''t.
CLIICT 155 Rev. 0B/16 Clerk's web address: www.miami-dadeclerk.com
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