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HomeMy Public PortalAbout2022-52 Approving a variance request to waive, in part, the required 5 foot rear setback to permit three (3) golf cart parking spaces at 299 Crandon BoulevardRESOLUTION NO. 2022-52 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE REQUEST TO WAIVE, IN PART, THE REQUIRED 5 FOOT REAR SETBACK TO PERMIT THREE (3) GOLF CART PARKING SPACES ON PROPERTY LOCATED AT 299 CRANDON BOULEVARD; PROVIDING FOR FINDINGS; PROVIDING FOR APPROVAL; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County ("Applicant") is proposing the redevelopment of the library located at 299 Crandon Boulevard; 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 30-102(c) to waive, in part, the required 5 foot rear setback to permit three (3) golf cart parking spaces ("Variance"); and WHEREAS, after reviewing the Variance request, Village Staff finds that the Variance would be consistent with the variance criteria requirements outlined under Section 30-63(a) of the Village Code and recommends approval with conditions 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. Page 1 of 3 Section 2. Finding. 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 in the record, hereby approves the Applicant's request to vary the provisions of Section 30-102(c) of the Village Code to waive, in part, the required 5 foot rear setback to permit three (3) golf cart parking spaces. Section 4. Conditions. The approval granted by this Resolution is subject to compliance with the following conditions, to which the Applicant stipulated and agreed to at the public hearing: A. Provide additional landscaping in the form of climbing vines which will screen the chain - link fence and new golf cart parking from the Key Colony property. B. Approval of the site plan by the Village Council accompanying this Variance. Section 5. 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 6. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 11th day of October , 2022. Page 2 of 3 /MICHAEL W. DAVEY, MAYOR _ ATTEST AND RENDERED THIS US f /�DAY OF l (-U r. (2022: C100--0 1") k(d— JOCELYN B. Kt? H VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 3 of 3