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HomeMy Public PortalAbout2023-42 Approving a variance request to allow a driveway for the property located at 441 Island DriveRE S O L U T IO N N O . 20 23 -4 2 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 R ID A , A P P R O V IN G A V A R IA N C E RE Q U E S T T O A L L O W A D RI V E W A Y W ID T H O F 5 9 F E E T F O R T H E P R O P E R T Y L O C A T E D A T 441 IS L A N D D RI V E W H E RE A M A X IM U M D RI V E W A Y W ID T H O F 3 6 F E E T IS O T H E R W IS E P E RM IT T E D ; 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 C O N D IT IO N 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 , Steven J. Powel and Jennifer Camel Toueg ("Applicants") are the owners of 441 Island 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 Section 30-1 00(f)(5)( d) to allow a driveway width of 59 feet for the Property where a maximum driveway width of 36 feet is otherwise permitted for single family and two-family homes with more than 75 feet of frontage ("Variance"); and WHEREAS, after reviewing the Variance request, Village Staff finds that the variance would be inconsistent with the variance criteria requirements outlined under Section 30-63(a) of the Village Code and recommends denial 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. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Page 1 of 4 S e c tio 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. Approval of Variance. The Village Council, based upon competent substantial evidence, hereby approves the Applicant's request to vary the provisions of Section 30- 100(f)(5)(d) of the Village Code to allow driveway width of 59 feet for the Property where a maximum driveway width of 36 feet is otherwise permitted for single family and two-family homes with more than 75 feet of frontage. 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. The Applicant shall develop the driveway in accordance with a drainage improvement plan approved by the Village Manager or Village Manager's designee, which drainage improvement plan shall feature a functional driveway system with a permeable surface and provide a net positive benefit to the existing drainage conditions located at the Property. 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, Page 2 of 4 F lo ri d a . A c o p y o f th e p r o o f o f re c o r d a tio n sh a ll b e s u b m itt e d to th e V ill a g e C le rk p ri o r to th e is s u an c e o f an y b u ild in g p e rm its . Section 6. adoption. Effective Date. This Resolution shall be effective immediately upon PASSED and ADOPTED this 18th day of _ _,J=u.._.ly __ _,, 2023. JOE I. RASCO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 3 of 4 EXH IBIT A LEGAL DESCRI PTION LOT 32, AND SOUTHWESTERL Y 10 FEET LOT 31, BLOCK 1 OF CAPE FLORIDA SUBDIVISION SECTION ONE, ACCORD ING TO THE PLAT THERE OF AS RE CORD ED IN PLAT BOOK 68, PAGE 81 IN THE PUBLI C RE CORD S OF MIAMI-DADE COUN TY, FLORIDA. Page 4 of 4