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Home My Public Portal About1995-01 Amending section 30-23 and adding section 30-24 to the code re zoning regulationsORDINANCE NO. 95-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-23 AND ADDING SECTION 30-24 TO THE CODE OF THE VILLAGE OF KEY BISCAYNE; ESTABLISHING AN ADMINISTRATIVE REVIEW AND APPROVAL PROCESS FOR CERTAIN NON- USE VARIANCES; PROVIDING FOR LIMITATIONS; PROVIDING FOR FINDINGS; PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, this Council has determined that certain minor non- use variances of zoning regulations should be reviewed and approved administratively; and WHEREAS, this Council has determined that this procedure is less costly, less time-consuming and more efficient; and WHEREAS, this Council has determined that it is in the best interest of the residents of the Village of Key Biscayne to adopt an administrative procedure for the granting of such variances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1: That Section 30-23 of the Code of Key Biscayne is hereby amended to read as follows:1 Sec. 30-23. Granting of Variances. (a) Findings of fact. * * * (2) The Zoning Code provides that under certain circumstances, non-use variances may be granted on an administrative basis without the necessity of public hearing or review. 13i: I: words are additions to text, words struck through are deletions to text. (3) The Council is of the opinion that Such variancc3 should be hcard by thc Council in thc 3amc manncr a3 all 4thcr varianccs.:::....: .. .. 4. .fin. a t •: ve .. cr r.i ance pr oc.edu e{: _: a e cut: :..:�:•:'. 44 '''.'.;.: : :..; . . .. . ... e. * * * Section 2. That the Code of Key Biscayne is hereby amended by adding a new section which section shall read as follows: : #dap :s tr at tve::Va rat: e:s : ;c ; a:,1w:��*'t: :-�: �:;J:�,f:TLt.L,•;;�.;,Ci•i;;:;3st:;Ft•t;y"f,,,;:: i2Y?{:y:{:^;:y:?:vY;':�i: r'r'} ).:>i> :'::L''[:::v:i•:•:....::a''rli s{:}};a: :? :{ v`I 't . ..1,•n.0.r 2 .. ......................... • . . . .... " . ........ .......... . ...................... ....................... ....................... ... .... ..... .... . . ........................ ... .................... ....................... . ...................... .............. ..... . ......... ... " :...................................... ...................................... ::................... ....................... semen ........................... " 3 .... ............... . ... ..... .. Tie Ws :; ;t:•`• �_ is : :a .e• r :::• --- --r-.-'.-'----.- ...r.yR a a•+r;rr. vw�awr 4 : 3 as ::::':.::'•::::::.:: • •. :•::•:':•::•: c n l :t : .ns :{--M.f;r.w:{{^: `!•: }!`:!!!:!!•: !W.. ?M:•i:: a :aw a•ati.a .v.w. a:><:��++t;+� •:. '� ��:•c+� •,•:,.F,�•.: �.�► �•:::�. :+►:. '•.�:�:'C�Ta,::::'E:: Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that 5 the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 13TH day of December , 1954. PASSED AND ADOPTED on second reading this 10TH day of January ATTEST: , 1995. JOIN F. FESTA, MAYOR L GUIDO H. GUANZi , JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICI J D JAY WEISS, VILLAGE ATTORNEY 6 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORD. AMENDING SECTION 30-23 AND ADDING SECTION 30-24 TO THE CODE, ETC. In the XXXXX Court, was published in said newspaper in the issues of Dec 30, 1994' Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither id nor promised any person, firm or corporation any • _ co nt, rebate, commission or refund for the purpose of s u R' g this advertisement for publication in the said ne • er. • Sworn to and subscribed before me this 30 4 (D' mber 94 (SEAL) Sookie William rsonally known to m OFFICIAL N AGNFS E. PENA Ah';'•ir,:fifix STATE OF FLORID COMMISSION NO. CC 172108 MY COMMISSION EXP. AN. 6,1996 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordnance will be consid- ered on Second Resting by the Key Biscayne Ifinage Council at a meeting to be held on Tuesday, January 10, 1995, at 7= p.m., in the Council Chamber, at 85 West McIntyre Street, Second Floor, Key Bis- cayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-23 AND ADDING SECTION 30-24 TO THE CODE OF KEY BISCAI ;-ES- TABLISHING AN ADMINISTRATIVE REVIEW AN AP-. PROVAL PROCESS FOR CERTAIN NON-USE VARIANCES; PROVIDING FOR MUTATIONS; PRCNIC4NG FOR FINDINGS; PROVIDING FOR AN APPEAL PROCESS; PRO-_ VIDING FOR. SEVERABILITY, INCLUSION IN TIC CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. Copies of =the — proposed ordinance May be obtained at Wage H$, -Office of the W, • loge Clerk, 85 West McIntyre rttyre Street, Key Biscayne, Aorida•$3149. Should any person desire to appeal any decision Of . Wager Corsica with respect to arty matter to be considered -at NS meeting, that pew strallrbreiwe that a verbatim record 01 lhe- prangs tit marts inckrdktg all **Worry orty and evidence upon rthidf'any *Oaf may be based (FS. 218.0196). . Guido H. inguanzo, Jr. Village Clerk 944423020M