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HomeMy Public PortalAbout2008-53A Approving Variances for 601 North Mashta DriveRESOLUTION NO. 2008-53A A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING VARIANCES, AS AMENDED, DENYING VARIANCES FROM PROVISIONS OF SECTION 30-100, "DOCKS AND MOORING PILES" OF THE VILLAGE CODE OF ORDINANCES FOR THE PROPERTY LOCATED AT 601 NORTH MASHTA DRIVE, KEY BISCAYNE, FLORIDA; PROVIDING FOR RECORDING; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carlos Moni as the owner of the Property located at 601 North Mashta Drive, Key Biscayne, Florida, and legally described as Lot 10, Block 1, of the Mashta Island, Replat of Trs 1B and C has applied for the following eight (8) variances from applicable Village of Key Biscayne Zoning Code regulations: 1. One (1) new mooring pile to exceed the twenty five (25) feet projection from a bulkhead by ten (10) feet for a maximum projection of thirty five (3 5) feet; 2. One (1) new mooring pile to be outside of the D-5 triangle by six (6) feet; 3. The relocation of two (2) existing non -conforming mooring piles which are 35'6" from the bulkhead and one (1) thirty-seven (37) feet from the bulkhead to project thirty five (35) feet from bulkhead; 4. The relocation of two (2) existing non -conforming mooring piles to be outside of the D-5 triangle by sixteen (16) feet; 5. Permit a thirty five (35) foot long boat to project four (4) feet outside the D-5 triangle, when a boat is docked parallel to a bulkhead ; 6. Waive the requirement that a boat be docked parallel to the bulkhead and permit the boat to be docked perpendicular to the bulkhead; 7. Permit a thirty five (35) foot long boat to project thirteen (13) feet outside the D-5 triangle, when a boat is docked perpendicular to the bulkhead; and 8. Exceed the ten (10) foot maximum projection of a dock from a bulkhead by seven (7) feet in order to permit a dock that projects seventeen (17) feet from the bulkhead; and WHEREAS, the Village Council has held the properly noticed public hearing required under the Village of Key Biscayne Zoning and Land Development Regulations; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the recitals as set forth above are hereby adopted and confirmed. Section 2. Variance Approval and Conditions. Variances 1, 2, 3, as amended and 8 are hereby granted to permit: 1. One (1) new mooring pile to exceed the twenty five (25) feet projection from a bulkhead by ten (10) feet for a maximum projection of thirty five (3 5) feet; 2. One (1) new mooring pile to be outside of the D-5 triangle by six (6) feet; 3. The relocation of one (1) existing non -conforming mooring pile which is 35'6" from the bulkhead) where twenty five (25) is allowed; and 8. To exceed the ten (10) foot maximum projection of a dock from a bulkhead by seven (7) feet in order to permit a dock that projects seventeen (17) feet from the bulkhead. The foregoing variances are approved subject to the submittal of revised plans reflecting approval of only the foregoing variances and the denial of variances 4, 5, 6 and 7. 2 Section 3. Recording. This Resolution shall promptly be recorded 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. Section 4. Implementation. The Building, Planning, and Zoning Director is hereby directed to make the necessary notation on the maps and records of the Village of Key Biscayne Building, Zoning and Planning Department and to issue all permits in accordance with the conditions of this Resolution. A copy of this Resolution shall be attached to any building permit application documents. Section 5. Effective Date. That this Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 18th day of November, 2008. CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATT 3 MAYOR ROBERT L. VERNON 111111111111111111111111111111111111111111111 RESOLUTION NO. 2008-53A cFN 2009F:01.0772'7 OR Bk 26 i5r•s tss ^1''y:j0 _ 2287q; 4 i REl: F1C!FC 02/13/2009 14:07,:57 HARVEY R'UV1Hr CLERK OF COURT MIAMI—DADE COUiNr''r FLORIDA A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING VARIANCES, AS AMENDED, DENYING VARIANCES FROM PROVISIONS OF SECTION 30-100, "DOCKS AND MOORING PILES" OF THE VILLAGE CODE OF ORDINANCES FOR THE PROPERTY LOCATED AT 601 NORTH MASHTA DRIVE, KEY BISCAYNE, FLORIDA; PROVIDING FOR RECORDING; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carlos Moni as the owner of the Property located at 601 North Mashta Drive, Key Biscayne, Florida, and legally described as Lot 10, Block 1, of the Mashta Island, Replat of Trs 1B and C has applied for the following eight (8) variances from applicable Village of Key Biscayne Zoning Code regulations: 1. One (1) new mooring pile to exceed the twenty five (25) feet projection from a bulkhead by ten (10) feet for a maximum projection of thirty five (35) feet; 2. One (1) new mooring pile to be outside of the D-5 triangle by six (6) feet; 3. The relocation of two (2) existing non -conforming mooring piles which are 35'6" from the bulkhead and one (1) thirty-seven (37) feet from the bulkhead to project thirty five (3 5) feet from bulkhead; 4. The relocation of two (2) existing non -conforming mooring piles to be outside of the D-5 triangle by sixteen (16) feet; 5. Permit a thirty five (35) foot long boat to project four (4) feet outside the D-5 triangle, when a boat is docked parallel to a bulkhead ; 6. Waive the requirement that a boat be docked parallel to the bulkhead and permit the boat to be docked perpendicular to the bulkhead; 7 Permit a thirty five (35) foot long boat to project thirteen (13) feet outside the D-5 triangle, when a boat is docked perpendicular to the bulkhead; and 8. Exceed the ten (10) foot maximum projection of a dock from a bulkhead by seven (7) feet in order to permit a dock that projects seventeen (17) feet from the bulkhead; and WHEREAS, the Village Council has held the properly noticed public hearing required under the Village of Key Biscayne Zoning and Land Development Regulations; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the recitals as set forth above are hereby adopted and confirmed. Section 2. Variance Approval and Conditions. Variances 1, 2, 3, as amended and 8 are hereby granted to permit: 1. One (1) new mooring pile to exceed the twenty five (25) feet projection from a bulkhead by ten (10) feet for a maximum projection of thirty five (3 5) feet; 2. One (1) new mooring pile to be outside of the D-5 triangle by six (6) feet; 3. The relocation of one (1) existing non -conforming mooring pile which is 35'6" from the bulkhead) where twenty five (25) is allowed; and 8. To exceed the ten (10) foot maximum projection of a dock from a bulkhead by seven (7) feet in order to permit a dock that projects seventeen (17) feet from the bulkhead. The foregoing variances are approved subject to the submittal of revised plans reflecting approval of only the foregoing variances and the denial of variances 4, 5, 6 and 7. 2 Section 3. Recording. This Resolution shall promptly be recorded 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. Section 4. Implementation. The Building, Planning, and Zoning Director is hereby directed to make the necessary notation on the maps and records of the Village of Key Biscayne Building, Zoning and Planning Department and to issue all permits in accordance with the conditions of this Resolution. A copy of this Resolution shall be attached to any building permit application documents. Section 5. adoption. PASSED AND ADOPTED this 18th day of November, 2008. Effective Date. That this Resolution shall be effective immediately upon its MAYOR ROBERT L. VERNON CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE 3 OR BK 26752 PG LAST PAGE VILLAGE OF KEY BISCAYNE Office of the Village Clerk Tillage Council Robert L. Vernon, Mayor Michael Davey, l ice 1llayor Enrique Garcia Robert Gusman Michael E. Kelly Jorge E. Mendia Thomas Thornton I illage Clerk Conchita H. Alvarez, CHIC 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. 2008-53A adopted by the Village Council on November 18, 2008. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this 12th day of February, 2009. one to H. Alvarez, MMC llage Clerk lage of Key Biscayne, Florida STATE OF FLORIDA, .COUNTY OF DADE 1 HEREBY CERTIFY That this Is a true popy of Nte oR ' n office ort l d yd W VES$ hand and Official � • F+aRYEtic AV Cow, Courts M() !I teiti 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT" www . keybi s cayne. fl. gov