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Home My Public Portal About2017-61 Approving a variance from the parking lot front setback requirements at the Key Biscayne Yacht Club! I I!! Hill 11111 f HI illll lllli 111111111 llli DOCUMENT COVER PAGE CFH.,,4 ?O :il 8R()OS2~:2:os OR BK 30858 P3 1944-1948 C5Pgs) Pu:mm;::r;, u iO'///:J1? 1 :3',,;:,, CUUF~T For those documents not providing the required 3 x 3 inch space on the first page, this cover page must be attached. An additional recording fee for this page must be remitted. (Space above this line reserved for recording office use) Document Title: Resolution No.2017-61 (Key Biscayne Yacht Club, Inc.) (Mortgage, Deed, Etc.) Return Document To/ Prepared By: Jennifer E. Fine, Esq, Gunster, Yoakley & Stewart, P.A. 600 Bnckell Ave., Suite 3500 Miami, Flonda 33 13 I Rule 2.520 ( d) On al I ... documents prepared ... which are to be recorded in the public records of any county ... a 3 - inch by 3 - inch space at the top right-hand comer on the first page and a 1 - inch by 3 - inch space at the top right-hand corner on each subsequentpage shall be left blank and reserved for use by the clerk of court. CLK/CT 155 Rev. 08/16 Clerk's web address: www .miami-dadeclerk.com RE S O L U T I O N N O . 2 0 1 7 -6 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 IL O F T H E VI L L A G E O F KE Y B I S C A YN E , F L O RI D A , A P P R O V IN G A V A RI A N C E F R O M T H E P A RKI N G L O T S ID E S E T B A C K RE Q U IRE M E N T S P R O V ID E D IN S E C T I O N 3 0 -ll 0 (K )(l ) O F T H E V I L L A G E 'S C O D E O F O RD I N A N C E S A T T H E KE Y B I S C A YN E Y A C H T C L U B , 1 8 0 H A RB O R D RI VE ; P R O V ID IN G F O R F I N D I N G S ; P R O VI D IN G F O R C O N D I T I O N 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 , 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 side setback requirements of Section 30-1 lO(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 Page 1 of 4 ) 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 I0(k)(l) of the Village Code, subject to the conditions set forth in Section 4 below, to permit a dry dock storage parking lot three (3) feet from the side 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. ) Page 2 of 4 S e ct io n 6 . a d o p tio n . E ff e ct iv e D a te . T h is R e so lu tio n sh a ll b e e ffe c tiv e im m e d ia te ly u p o n P A S S E D an d A D O P T E D th is iz" day of December, 2017. APPROVED AS TO FORM AND LEGAL SUFFIC~~~ ~~ y VILLAGE ATTORNEY Page 3 of 4 O R B K 3 0 8 5 8 P G 1 9 4 8 L.AST PAG!=" EXHIBIT A LEGAL DESCRIPTION Portion of land in Section 32, Township 54 South, Range 42 East, Miami-Dade County, Florida more particularly described as follows: 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 l4 MINUTES 04 SECONDS WEST ALONG THE WEST BOUNDARY OF SAID TRACT "B" AND ALONG THE FACE OF A CONCRETE BULKHEAD, A DISTANCE OF 274. l l 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. ) Page 4 of 4