HomeMy Public PortalAbout2017-60 Approving a variance from the parking lot front setback requirements at the Key Biscayne Yacht ClubD O C U M E N T C O V E R P A G E
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RECORDED 02/0°12018 ll:J4:26
HARVEY RUVIN, CLERK OF COURT
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Document Title: Resolution No. 2017-60 (Key Biscayne Yacht Club, Inc.)
(M ortgage, Deed, Etc.)
Return Document To/ Prepared! By:
Jennifer E. Fine, Esq,
Gunster, Yoakley & Stewart, P.A.
600 Bnckell Ave., Suite 3500
M 1am 1, F londa 3313 I
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RE SO LUTIO N NO . 2017-60
A RE SO L UTIO N O F TH E VIL LAG E CO UN CIL O F TH E
VILLA G E O F KE Y BISCA YNE , FLO RI DA , APPR O VIN G A
VARIAN CE FRO M TH E PARKI N G LO T FR O NT
SETBA CK RE Q UIRE M ENTS PR O VIDED IN SECTIO N 30-
ll 0(K )(l) O F TH E VIL LA G E 'S CO DE O F O RD INAN CE S
AT TH E KE Y BISCAYN E YACH T CLUB, 180 H ARB O R
DRI VE; PR O VIDIN G FO R FINDING S; PR O VI DING FO R
CO N DITIO N S; PRO VIDING FO R RE CO RD ING ; AND
PR O VI DIN G FO R AN EFFECTIV E DATE
W H ERE A S, Key Biscayne Yacht Club, Inc. ("Applicant") is the owner of 180 Harbor
Drive, Key Biscayne, Florida as more fully described in the legal description attached hereto as
Exhibit "A" ("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 bearing Public Hearing
#RV38, seeking to vary the parking lot front setback requirements of Section 30-11 0(k)(l) of the
Village Code ("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.
Section 2. Findings. The Village Council finds that the Applicant has met all of 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 in all material respects
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with the intent and purpose of the Village Code, and that the general welfare, stability and
appearance of the community will be protected and maintained; and (b) be compatible with the
surrounding land uses, and otherwise consistent with the Village Code and the Comprehensive
Plan, and will not be detrimental to the community.
Section 3. Approval of Variance. The Village Council hereby approves the
Applicant's request to vary the provisions of Section 30-1 l0(k)(l) of the Village Code, subject to
the conditions set forth in Section 4 below, to permit a parking lot five (5) feet from the front
property line of the Property.
Section 4. Conditions. The approval granted by this Resolution 1s subject to
compliance with the following conditions:
a. The placement of landscaping to provide the maximum shade and screening
of parking areas from adjacent uses, formal planting at the entry, and
screening of utilities from the use areas pursuant to the landscape plans
prepared by Peacock & Lewis Architects and Planners, LLC dated October
12, 2017, copies of which are attached hereto as Exhibit "B" (the "Landscape
Plans").
b. The Hacienda Canal Overlook furnishings listed on Page L-1 of the
Landscape Plans must be approved by the Planning and Public Works
Directors at or before the issuance of the first building permit.
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.
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S e ct io n 6 0 E ff ec tiv e Date" This Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 12th day of December, 2017.
APPROVED AS TO FOR.1\1 AND LEGAL SUFFICTR~~
~~
VILLAGE ATTORNEY
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O R B K 3 0 8 5 8 P G 1 9 4 3
L A S T P A G E
EXHIBIT A
LEGAL DESCRIPTION
Port ion of lan d in Section 32, Town ship 54 South, Range 42 East, M iam i-Dade County, Florida
m ore particularly described as fo llow s:
PARCEL 1:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B", FOURTH ADDITION TO
TROPICAL ISLE HOMES SUBDIVISION, PLAT BOOK 53, AT PAGE 39, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN WEST ALONG THE NORTH
BOUNDARY OF SAID TRACT "B", A DISTANCE OF 505.54 FEET TO THE NORTHWESTERLY
CORNER OF SAID TRACT "B"; THENCE RUN SOUTH 39 DEGREES 53 MINUTES 02 SECONDS
WEST ALONG THE NORTHWESTERLY BOUNDARY OF SAID TRACT "B" AND ALONG THE
FACE OF A CONCRETE BULKHEAD, A DISTANCE OF 650.85 FEET TO A POINT; THENCE RUN
SOUTH 00 DEGREES 14 MINUTES 04 SECONDS WEST ALONG THE WEST BOUNDARY OF
SAID TRACT "B" AND ALONG THE FACE OF A CONCRETE BULKHEAD, A DISTANCE OF
274.11 FEET TO THE SOUTHWEST CORNER OF SAID TRACT "B"; THENCE RUN NORTH 88
DEGREES 45 MINUTES 43 SECONDS EAST ALONG THE SOUTHERLY BOUNDARY OF SAID
TRACT "B" AND ALONG THE FACE OF A CONCRETE BULKHEAD, A DISTANCE OF 13.17
FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE
DESCRIBED; THENCE RUN SOUTH 88 DEGREES 45 MINUTES 43 SECONDS WEST ALONG
THE SOUTHERLY BOUNDARY OF SAID TRACT "B" AND ALONG THE FACE OF A
CONCRETE BULKHEAD, A DISTANCE OF 13.17 FEET TO THE SOUTHWEST CORNER OF
SAID TRACT "B"; THENCE NORTH 00 DEGREES 14 MINUTES 04 SECONDS EAST ALONG THE
WEST BOUNDARY OF SAID TRACT "B" AND ALONG THE FACE OF A CONCRETE
BULKHEAD, A DISTANCE OF 274.11 FEET TO A POINT; THENCE RUN NORTH 39 DEGREES
53 MINUTES 02 SECONDS EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID
TRACT "B" AND ALONG THE FACE OF A CONCRETE BULKHEAD, A DISTANCE OF 347.63
FEET TO A POINT; THENCE RUN SOUTH 40 DEGREES 22 MINUTES 10 SECONDS EAST OVER
AND ACROSS SAID TRACT "B", A DISTANCE OF 466. 79 FEET TO A POINT ON THE
SOUTHEASTERLY BOUNDARY OF SAID TRACT "B"; THENCE RUN SOUTH 49 DEGREES 34
MINUTES 26 SECONDS WEST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID TRACT
"B", A DISTANCE OF 364.65 FEET, TO A POINT; THENCE MEANDER NORTHWARDLY AND
WESTWARDLY ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "B" AND ALONG
THE FACE OF CONCRETE BULKHEAD 270 FEET MORE OR LESS, TO THE POINT OF
BEGINNING.
PARCEL 2:
LOT 28, IN BLOCK 17, OF FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53, AT PAGE 39, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
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