HomeMy Public PortalAbout2023-41 Amending Resolution 2021-39 to provide for an extension of time for the variance at 630 Sunset CircleRE S O L U T I O N N O . 2 0 2 3 -4 1
A RE S O L U T IO N O F T H E V IL L A G E C O UN C IL 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 M E N D IN G
RE S O L U T IO N N O . 2 0 2 1-3 9 T O P R O V ID E F O R A N
E X T E N S IO N O F T IM E F O R T H E V A RI A N C E RE L A T IN G
T O T H E P R O P E R T Y L O C A T E D A T 6 3 0 S U N S E T C IR C L E ;
P R O V ID IN G F O R RE C O RD IN G ; A N D P R O V ID IN G F O R
A N E F F E C T IV E D A T E .
W H E RE A S , on August 24, 2021, the Village Council of the Village of Key Biscayne (the
"Village") adopted Resolution No. 2021-39 approving a variance application (the "Variance") by
3 Peruchos, LLC (the "Applicant") relating to maximum wall height for the property located at
630 Sunset Circle, as more fully described in the legal description attached hereto as Exhibit "A"
(the "Property"); and
WHEREAS, under Section 30-63(g) of the Village Code, the approval of any variance by
the Village Council requires the Applicant to obtain a development order, building permit, local
business tax receipt, certificate of occupancy, or certificate of completion, as applicable, within 12
months of the date the resolution is executed, unless further extended by the Village Council for
up to 12 additional months; and
WHEREAS, the Applicant has requested an extension of time for 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 request by the Applicant.
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 . A m e n d i n g R e s o lu t io n N o . 2 0 2 1 -3 9 . The Village Council hereby amends
Section 4, "Conditions," of Resolution No. 2021-39 as follows: 1
Section 4. Conditions. The appro val granted by this Resolution is subject to
com pliance with the following conditions:
a. The porch, carport, and covered terrace on the Pro perty m ust remain as such
and m ust not be converted into living or habitable spaces unless the applican t
applies fo r and receives a variance to replat the Pro perty for deletion or removal
of the currently platted setback lines.
b. The Applican t shall obtain a building pennit for conslru ction of a new house
on the Pro perty by August 24, 2023. If the Applicant fails to obtain the building
perm it by August 24. 2023. the Variance shall become null and void pursuant
to Section 30-63(g) of the Village Code of Ordinances.
Section 3. Recording. This Resolution shall be recorded. prior to the issuance of a
building perm it, by the Applicant at its expense in the public records of M iami-Dade County,
Florida. A copy of the pro of or recordation shall be submitted to the V illage Clerk prior to the
issuance of any building perm its.
Section 4. Effective Date. This Resolution shall be effective im mediately upon
adoption.
PA SSED and ADO PTED this 18th day of .....,J'""u=-h._1 • 2023.
JO E I. RA SCO , M A YO R
1 Cod ing: S1riketl'lroHgh ,,ords arc deletions to the existing words. Underlined words an: additions to the existing words.
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V IL L A G E C L E R K
A PP R O V E D A S T O FO R M A N D LEG A L SU FFIC IE N C Y :
W E ISS S E R O T A H E L FM A N C O L E & B IE R M A N , P.L.
V IL L A G E A T T O R N E Y
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Exhibit A
LEGA L DESC RI PTIO N
Lot 7 of REVISED PLAT OF HARBOR COVE, according to the Plat thereof as recorded in Plat
Book 76, at Page 12, of the Public Records of Miami-Dade County, Florida