HomeMy Public PortalAbout2023-61 Approving a variance request for the modification of a nonconforming dock on property located at 740 Harbor DriveRE S O L U T I O N N O . 2 0 2 3 -6 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 IS C A Y N E , F L O RI D A , A P P R O V IN G A
V A R IA N C E RE Q U E S T F O R T H E M O D IF IC A T IO N O F A
N O N C O N F O RM IN G D O C K T O P E RM IT T H E D O C K
W ID T H T O B E E X P A N D E D F R O M A P P R O X IM A T E L Y 4
F E E T T O 5 F E E T IN W ID T H O N P R O P E R T Y L O C A T E D A T
7 4 0 H A R B O R D RI V E ; P R O V ID IN G F O R F IN D IN G S ;
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 , Altamar 740 PH4, LLC ("Applicant") is the owner of740 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 seeking a regulatory
variance from the provisions of Sections 30-30 and 30-100(f)(4)(b) to allow for the modification
of an existing legal, nonconforming dock to be widened from approximately 4 feet to 5 feet in
width ("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 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:
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S e c t io n 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 will 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) will be compatible with the surrounding land uses and will
not be detrimental to the community.
Section 3.
substantial evidence, hereby approves the Variance.
Section 4.
Approval of Variance. The Village Council, based upon competent
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 5.
adoption.
PASSED and ADOPTED this 10th day of_O_c_to_b_e_r , 2023.
Effective Date. This Resolution shall be effective immediately upon
JOE I. RASCO, MAYOR
ATTEST:
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J O C E L YN B. K O C H
V I L L A G E C L E RK
A P P R O V E D A S T O F O RM A N D L E G A L S U F F I C IE N C Y :
WE I S S S E R O T A H E L F M A N C O L E & B IE RM A N , P .L.
V I L L A G E A TT O R N E Y
P a g e 3 o f 4
E X H IB IT A
L E G A L D E S C RI P T IO N
LO T 14 , B L O C K 19 O F "B ISC A YN E K E Y EST A TE S", A C C ORD IN G TO TH E PLA T
TH E RE O F , A S RE C O RD E D IN PL A T B O O K 50, A T PA G E 61, OF THE PU BLI C RE CO RD S
O F M IA M I-D A D E C O U N T Y , FL O R ID A.
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