HomeMy Public PortalAbout2022-06 Approving a variance request to allow installation of a ten-foot wall of the property located at 131 Island DriveRE S O L U T I O N N O . 2 0 2 2 -0 6
A RE S O L U T I O N O F T H E V IL L A G E C O UN C I L O F T H E
V IL L A G E O F K E Y B I S C A Y N E , F L O RI D A , A P P R O V IN G A
V A R I A N C E RE Q U E S T T O A L L O W IN S T A L L A T I O N O F A
T E N -F O O T W A L L IN T H E RE A R Z O N E O F T H E
P R O P E R T Y L O C A T E D A T 13 1 IS L A N D D RI V E ;
P R O V ID IN G F O R F I N D I N G S ; P R O V ID IN G F O R
RE C O RD I N G ; A N D P R O V ID I N G F O R A N E F F E C T I V E
D A T E .
W H E RE A S , Luis Vicente D' Amato and Helena Martinez Ibanez D' Amato
("Applicant") are the owners of 131 Island Drive, Key Biscayne, Florida ("Property"); and
WHEREAS, pursuant to Section 30-63 of the Village Code of Ordinances ("Village
Code"), the Applicant has submitted a Planning and Zoning Application seeking a regulatory
variance from the provisions of Section 30-100(f)(6)(b)(2) to allow for the installation of a ten-
foot wall in the rear zone of the Property where a maximum six-foot wall would otherwise be
permitted ("Variance"); and
WHEREAS, after reviewing the Variance request, Village Staff finds that the variance is
consistent with the criteria requirements outlined under Section 30-63(a) of the Village Code and
recommends approval of the Variance; and
WHEREAS, after proper public notice, the Village Council conducted a public hearing
and considered all testimony and other evidence presented and otherwise made part of the record
concerning the Variance.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Recitals. Each of the above-stated recitals are hereby adopted, confirmed,
and incorporated herein.
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S e c t io n 2 . F in d in g s . The Village Council finds that the Applicant has met the
requirements in Section 30-63 of the Village Code. Specifically, the Village Council finds that
the Variance will (a) result in conditions that maintain and are consistent with the intent and
purpose of the Village Code, and protect and maintain the general welfare, stability, and
appearance of the community; and (b) be compatible with the surrounding land uses and will not
be detrimental to the community.
Section 3. Approval of Variance. The Village Council, based upon competent
substantial evidence, hereby approves the Applicant's request to vary the provisions of Section
30-100(f)(6)(b)(2) of the Village Code to allow for the installation of a ten-foot wall where a
maximum six-foot wall would otherwise be permitted to be measured from the commercial
property to the rear of the Property.
Section 4. Recording. This Resolution shall be recorded, prior to the issuance of a
building permit, by the Applicant at its expense in the public records of Miami-Dade County,
Florida. A copy of the proof of recordation shall be submitted to the Village Clerk prior to the
issuance of any building permits.
Section 5.
adoption.
Effective Date. This Resolution shall be effective immediately upon
PASSED and ADOPTED this 8th day of February 2022.
ATTEST:
VILLAGE CLERK
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WEISS SEROTA HELFMAN COLE & BIERM AN, P.L.
VILLAGE ATTORNEY
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