HomeMy Public PortalAbout2023-74 Amending Resolution 2022-52 to provide for an extension of time for the variance waiving, in part, the required five-foot rear setback to permit 3 golf cart parking spaces on the property located at 299 Crandon B.RE SO LUTIO N NO . 2023-74
A RE SO LUTIO N O F TH E VILLAG E CO UN CIL O F TH E
VILLAG E O F K EY BISCAYNE, FLO RI DA , AM ENDING
RE SO LUTIO N NO . 2022-52 TO PR O V IDE FO R AN
EXTENSIO N O F TIM E FO R TH E VARI AN CE W AIVING , IN
PART, TH E REQ UIRE D FIVE-FO O T RE AR SETBA CK TO
PERM IT TH RE E G O LF CART PARK ING SP ACE S O N TH E
PR O PER TY LO CATED AT 299 CRA NDO N BO ULEVARD ;
PR O VIDING FO R RA TIFICA TIO N ; PR O VIDING FO R
RE CO RD ING ; AND PR O VIDING FO R AN EFFE CTIVE
DATE .
W H ERE AS, on October 11, 2022, the Village Council of the Village of Key Biscayne
(the "Village") adopted Resolution No. 2022-52, approving a variance application
(the "Variance") by Miami-Dade County (the "Applicant") to waive, in part, the required five-foot
rear setback to permit three golf cart parking spaces on the property located at 299 Crandon
Boulevard, 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.
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N O W , T H E RE F O RE , B E IT RE S O L V E D B Y T H E V IL L A G E C O U N 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 S F O L L O W S :
S e c tio n 1. R eci ta ls. Each of the above-stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. Amending Resolution No. 2022-52. The Village Council hereby amends
Section 4, "Conditions," of Resolution No. 2022-52 as follows: 1
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:
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C. The Applicant shall obtain a building permit for construction of the new 2-
story library on the Property by October 11, 2024. If the Applicant fails to obtain
the building permit by October 11, 2024, the Variance shall become null and void
pursuant to Section 30-73(e) of the Village Code of Ordinances.
Section 3. Ratification. Except as modified under Section 2 of this Resolution, the
conditions provided in Resolution 2022-52 are hereby ratified and shall continue in full force and
effect and are incorporated into this approval by reference as if fully restated herein.
Section 4. 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.
Effective Date. This Resolution shall be effective immediately upon
PASSED and ADOPTED this 14th day of November , 2023.
1 Coding: 8triketlueugk werds are deletions to the existing words. Underlined words are additions to the existing words.
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JO E I. RA SC O, M AYOR
V ILLA G E C L ER K
A PPR O V E D A S T O FO RM A N D LEG A L SU FFIC IEN C Y :
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W EISS SE R O T A H E L FM A N C O LE & BI E RM A N . P.L.
V IL L A G E A T TO R N EY
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EXH IBIT A
LEG AL DE SCRI PTIO N
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