HomeMy Public PortalAbout2010-04 Denying an application for one variance for property located at 500 S Mashta DriveRESOLUTION NO. 2010-4
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA DENYING AN
APPLICATION FOR ONE (1) VARIANCE FROM THE
PROVISIONS OF SECTION 30-100(F)(3) "DOCKS AND
MOORING PILES" OF THE VILLAGE CODE OF
ORDINANCES FOR PROPERTY LOCATED AT 500 S.
MASHTA DRIVE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Mijo KB, LLC (the "Applicant") has applied to the Village of Key Biscayne
(the "Village"), pursuant to Section 30-63 "Variance procedures" of the Village Code of Ordinances
(the "Village Code"), to vary one (1) provision of Section 30-100(0(3) "Docks and Mooring Piles"
of the Village Code for property located at 500 S. Mashta Drive (Public Hearing # RV -31); and
WHEREAS, the Applicant seeks to vary Section 30-100(0(3)(a)(5) of the Village Code to
permit the proposed dock to extend into Biscayne Bay more than 25 feet from the bulkhead (the
"Variance"); and
WHEREAS, the Village staff recommended denial of the Variance in their report dated
January 19, 2010; and
WHEREAS, the Village Council has held a properly noticed public hearing required under
the Village Code; and
WHEREAS, after receiving public input and weighing testimony provided at the public
hearing, the Village Council, based upon competent substantial evidence, denied the Variance
because the Variance: (1) does not maintain the basic intent and purpose of the Village Zoning Code,
which is to protect the general welfare of the public, particularly as it affects the stability and
appearance of the community; and (2) is not compatible with the surrounding land uses and would
be detrimental to the community; and
WHEREAS, the Village Council further finds that the denial of this Variance is in the best
interest and welfare of the residents of the Village because this Variance would be detrimental to the
safe navigation of all waterways within and adjacent to the Village.
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. Denial of Variance. The Village Council, based upon competent substantial
evidence, hereby denies the Applicant's request to vary the provisions of Section 30-100(f)(3)(a)(5)
of the Village Code to permit a dock to extend into Biscayne Bay a distance of more than 25 feet
from the bulkhead for property located at 500 S. Mashta Drive.
Section 3. Effective Date. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 26th day of January, 2010.
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
VILLAGE A ORNE
2
MAYOR ROBERT L. VERNON