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HomeMy Public PortalAbout2012-10 Approving an application for a variance property 18 Harbor PointRESOLUTION NO. 2012-10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING AN APPLICATION FOR A VARIANCE FROM THE NORTH SIDE SETBACK FOR THE PROPERTY LOCATED AT 18 HARBOR POINT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Edward and Amy Easton (the "Applicant") are the owners of 18 Harbor Point, Key Biscayne, Florida; and WHEREAS, pursuant to Section 30-63 of the Village Code of Ordinances (the "Village Code"), the Applicant has submitted a Planning and Zoning Application, bearing Public Hearing # RV -34, seeking to vary the north side setback requirements of Section 30-100(e) 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, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. The recitals set forth above are hereby adopted and confirmed. Section 2. Findings. 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 28060 PG 040. LAST PAGE detrimental to the community. Section 3. Approval of Variance for the North Side Setback. The Village Council hereby approves the Applicant's request to vary the provisions of Section 30-100 (e) of the Village Code to permit a north side setback variance of 7 feet 9.5 inches where 15 feet is required. 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 Building, Zoning and Planning Department prior to the issuance of any building permits. Section 5. Effective Date. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 28 day of February, 2012. ATT yd, CHITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTO ti 2 VILLAGE OF KEY BISCAYNE Office of the Village Clerk 1 1//(Q( Council Franklin H. Caplan, llapo/ Michael F hell-, T i'e.lhayor Michael \\: Davey Lnriquc Garcia Robert Gusman Mayra P. Lindsay James S. Taintor l 'illage Clerk Conchita H _1lvarez, ) L' IC CERTIFICATION STATE OF FLORIDA COUNTY OF MIAMI-DADE 111111111111111111111111111111111111111111111 CFP4 2012R0239322 OR Bk 28060 Ps s 0400 - 402; t 3p s s l RECORDED 04/u4/2012 13:14:56 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA I, Conchita H. Alvarez, duly appointed Village Clerk of the Village of Key Biscayne, Florida, do hereby certify that the attached is a true and correct copy of: Resolution No. 2012-10 adopted by the Village Council on February 28, 2012. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this 27th day of March, 2012. onchlta H. Alvarez, MMC Village Clerk ii ; Village of Key Biscayne, Florida 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914 1.111,1,10\ 1,1 111 111 \ 1O]ROAIDI A5VI I t)l A1111 (oAfAIl\II1 1A11RoA'Vf1AI 1012 11 1 IS]AADI 121, 1111201 ( I I RI 1)1'0011311 (d)VIRVAIfAf www.keybiscayne.fl.gov