HomeMy Public PortalAbout2009-29 Approving a variance for property located at 766 Harbor DriveRESOLUTION NO. 2009-29
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING A
VARIANCE FROM THE PROVISIONS OF SECTION 30-
100(F)(3) "DOCKS AND MOORING PILES" OF THE
VILLAGE CODE OF ORDINANCES FOR PROPERTY
LOCATED AT 766 HARBOR DRIVE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Karillis, 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 Section 30-100(F)(3) "Docks and Mooring Piles" of the Village Code for
property located at 766 Harbor Drive (Public Hearing # RV -30); and
WHEREAS, the Applicant seeks to vary Section 30-100(F)(3)(a)(5) of the Village Code to
permit a dock to extend 14 feet from a bulkhead into Hurricane Harbor (the "Variance"); and
WHEREAS, the Village staff recommended approval of the Variance in their report dated
November 13, 2009; 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, approved the Variance
because such Variance: (1) maintains 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 compatible with the surrounding land uses and would not
be detrimental to the community; and
WHEREAS, the Village Council further finds that the approval of this Variance is in the best
interest and welfare of the residents of the Village because it would not 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. Approval of a Variance. The Village Council, based upon competent
substantial evidence, hereby approves the Applicant's request to vary the provisions of Section 30-
100(F)(3)(a)(5) of the Village Code to permit a dock on 766 Harbor Drive to extend 14 feet from the
bulkhead into Hurricane Harbor.
Section 3. Effective Date. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 24th day of November, 2009.
ATTEST:
Al'
HITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
VILLAGE AT ORNEY
2
MAYOR ROBERT L. VERNON