HomeMy Public PortalAboutDocument presented at the meeting by the BZP Director.tifCLERK'S COPY
01/30/07
VILLAGE OF KEY BISCAYNE
% llagE Counczl
Robcrt 1 Vernon Yayo?
Jo ge E Mendia V'ce May)?
P4ic1iael Da e4
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narrtua Weinman
January 26, 2007
Via E -Mail & U S Mail
Carter McDowell, Esq
Blinn Sumberg Dunn Pnce & Axelrod
200 South Biscayne Boulevard
Suite 2500
Miami, Florida 33131
Re Sonesta Redevelopment
Dear Mr McDowell
In anticipation of the upcoming public heanng on your site plan, the purpose of this letter
is to address a concern the Village has with the proposed use of the hotel component of the
project Specifically, whether the proposed hotel and hotel rooms will be used and occupied m
conformity with the use and occupancy limitations within the Village Zoning Code Of
particular concern are the definitions of "hotel" and "hotel rooms" found in Section 30-11 of the
Code
This issue anses because of the stated proposal by the applicant that the hotel rooms will
be occupied by the owner(s) (for some unspecified period) for their own private use After an
exhaustive examination of the applicable provisions of the code and the information provided by
you, we are writing to advise you that if the proposed site plan is approved by the Village
Council, the Village Administration intends to strictly enforce the use and occupancy limitations
within the Village Zoning Code including a prohibition on the pnvate occupancy of hotel rooms
by the owner(s)
It is my administrative decision and interpretation that the sleeping accommodations
within the hotel must be offered to the "public" on a short-term or transient basis and the hotel
rooms must be occupied by "transients" who rent the rooms on a day-to-day, week -to -week or
month -to -month basis Owner occupancy directly conflicts with each of these limitations and
will not be permitted As part of the upcoming public hearing, we will recommend a condition
on any site plan approval that expressly prohibits private occupancy by the owner(s)
88 West McIntyre Street • Key Biscayne Florida 33149 • ( 305) 365 5506 • Fax (305) 365 8914
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VILLAGE OF KEY BISCAYNE
Notwithstanding the foregoing, my interpretation and the proposed condition is not in any
manner intended to prohibit the proposed hotel, hotel rooms or any portion thereof from being
held m any form of ownership including a condominium form of ownership under Chapter 718
of the Florida Statutes
If you wish to appeal this decision to the Village Council, you may do so by filing an
appeal within 30 days pursuant to Section 30-70 of the Code
Very truly yours,
Jud Kurlancheek, AICP, Director
cc Jacqueline Menendez, Village Manager
Village Mayor and Village Council
Stephen J Helfman, Village Attorney
MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT