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HomeMy Public PortalAboutResolution recorded with Miami-Dade County11111111111111111111111111111111111111111 r� O� Ey4, CFN 2010R0028190 OR SK 27149 F's s 4343 - 4345; (3p s ) RECORDED 01/14/2010 14=38:23 HARVEY RUVINr CLERK OF COURTr MIAMI—DADE COUNTYr FLORIDA VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council Robert L. Vernon, Mayor Michael Davey, Vice Mayor Enrique Garcia Robert Gusman Michael E. Kelly Jorge E. Mendia Thomas Thornton Village Clerk Conchita H. Alvarez, MMC CERTIFICATION STATE OF FLORIDA COUNTY OF MIAMI-DADE 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. 2009-29 adopted by the Village Council on November 24, 2009. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this 14th day of January, 2010. /za"e,iet C•innchita H. Alvarez, MMC llage Clerk llage of Key Biscayne, Florida 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914 MISSION S I'XI'[MIEN I' "1'O PROVIDE _A S err., QU \1II\ COMMUNITY ENVIRONMENT 1.OR V.I. IS!. ANDERS THROUGH RFSPONSIBLE GOvERNMILNI"' www.keybiscayne.fl.gov RESOLUTION 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 BOOK 27149 PAGE 4345 LAST PAGE 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. HITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE AT ORNEY 2 MAYOR ROBERT L. VERNON