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:
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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,
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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
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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.
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