HomeMy Public PortalAbout2007-62 Dock Variance at 210 Harbor DriveRESOLUTION NO. 2007-62
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA DENYING AN
APPLICATION FOR THREE (3) VARIANCES FROM THE
PROVISIONS OF SECTION 30-100(F)(3) "DOCKS AND
MOORING PILES" OF THE VILLAGE CODE OF
ORDINANCES FOR PROPERTY LOCATED AT 210 HARBOR
DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 210 Harbor, 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 three (3) provisions of Section 30-100(F)(3) "Docks and Mooring
Piles" of the Village Code for property located at 210 Harbor Drive (Public Hearing # RV -22); and
WHEREAS, the Applicant seeks to vary Section 30-100(F)(3)(a)(3) of the Village Code to
permit a proposed dock and watercraft to be located outside of the "D-5" triangle, and Section 30-
100(F)(3)(a)(5) of the Village Code to permit the proposed dock to extend into Biscayne Bay more
than 25 feet from the bulkhead (collectively, the "Variances"); and
WHEREAS, the Village staff recommended denial of the Variances in their report dated
October 7, 2007; 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 Variances
because such Variances: (1) do 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) are 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 these Variances are in the
best interest and welfare of the residents of the Village because such Variances 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 Waiving the D-5 Triangle Limit for a Dock. 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)(3) of the Village Code to permit a proposed dock
to be located outside of the required D-5 triangle for property located at 210 Harbor Drive.
Section 3. Denial of Variance Waiving the D-5 Triangle Limit for Watercraft. 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)(3) of the Village Code to permit a watercraft to be
located outside the required D-5 triangle for property located at 210 Harbor Drive.
Section 4. Denial of Variance Permitting the Dock to be Located More Than 25 feet
from the Bulkhead. 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 210 Harbor Drive.
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Section 5. Effective Date. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 27th day of November, 2007.
MAYOR ROBERT L. VERNON
AT
CHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
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VILLAGE ATTORNEY
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