HomeMy Public PortalAbout2022-41 Approving a variance request to allow the expansion of a legal, nonconforming structure for the property located at 300 and 310 Greenwood DriveRE S O L U T I O N N O . 2 0 2 2 -4 1
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 T H E E X P A N S I O N O F A
L E G A L , N O N C O N F O RM IN G S T R U C T U RE W IT H A N
E X I S T I N G 7 .5 -F O O T S I D E S E T B A C K W H E RE 1 5 F E E T IS
RE Q U IRE D O N L O T S L A R G E R T H A N 10 0 F E E T IN
W I D T H F O R T H E P R O P E R T Y L O C A T E D A T 3 0 0 A N D 3 10
G RE E N W O O D D RI V E ; P R O V ID I N G F O R F I N D I N G S ;
P R O V I D IN G F O R A P P R O V A L ; P R O V ID IN G F O R
C O N D I T I O N S ; P R O V I D I N 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 IV E D A T E .
W H E RE A S , Ian and Kim Bickley ("Applicant") are the owners of 300 Greenwood Drive
and are purchasing the property located at 310 Greenwood Drive in order to unite both lots as one
unified lot ("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-l00(e) to allow for the expansion of a legal,
nonconforming structure with an existing 7.5-foot side setback to remain where 15 feet are
otherwise required on lots larger than 100 feet in width within the Village Residential (VR) zoning
district ("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.
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NOW, THERE FORE, 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.
Section 2. Findings. 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-l00(e) of the Village Code to allow for expansion of a legal, nonconforming
structure with an existing 7.5-foot side setback to remain where 15 feet are otherwise required on
lots larger than 100 feet in width within the Village Residential (VR) zoning district.
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. A Unity of Title must be recorded in the public records of Miami-Dade County,
Florida prior to obtaining a building permit.
b. The Property shall meet all current regulations within the Village Code.
Specifically, where the Floor-Area-Ratio (FAR) exceeds the 30% base FAR,
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the project shall be subject to obtaining FAR bonuses in accordance with
Section 3 0-1 00(b) of the Village Code.
c. All expansions or additions to the existing nonconfo rm ing stru cture shall
m aintain an integra ted architectura l design with the existing nonconfo rm ing
stru cture.
d. Dem olition of the existing nonconfo rm ing stru ctur e located on 300 Greenwood
Drive shall result in the im m ediate revocation of the Variance appro val gra nted
herein.
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.
adoption.
Effective Date. This Resolution shall be effective immediately upon
PASSED and ADOPTED this 24th day of August 2022.
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIE
~J~~ .
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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