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HomeMy Public PortalAbout2023-73 Amending Resolution 2022-51 to provide for an extension of time for the variance allowing 26 parking spaces where 219 are required on the property located at 299 Crandon BoulevardRE SO LUTIO N NO . 2023-73 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 . 2022-51 TO PR O VIDE FO R AN EXTENSIO N O F TIM E FO R TH E VARI AN CE ALLO W ING 26 PARK ING SPA CE S W H ERE 219 ARE RE Q UIRE D O N TH E PR O PERTY LO CATED AT 299 CRA NDO N BO ULEVARD ; PR O VIDING FO R RA TIFICATIO N ; PR O VIDING FO R RE CO RD ING ; AND PRO VIDING FO R AN EFFECTIVE DATE. W H ERE AS, on October 11, 2022, the Village Council of the Village of Key Biscayne (the "Village") adopted Resolution No. 2022-51, approving a variance application (the "Variance") by Miami-Dade County (the "Applicant") to allow 26 parking spaces where 219 parking spaces are required 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. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Page 1 of 4 Section 1. R eci tals. Each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Amending Resolution No. 2022-51. The Village Council hereby amends Section 4, "Conditions," of Resolution No. 2022-51 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: *** E. 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 2022-51 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. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 14th day of November ·, 2023. 1 Coding: 8triketlwough words are deletions to the existing words. Underlined words are additions to the existing words. Page 2 of 4 A T T E S T E D A N D R E N D E R E D T H 1sd Y:rt · D A Y O F U6Ve,rl>~ ~{J ch VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFIClENCY: ~J~ WEISS SEROT A HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 3 of 4 EX H IBIT A LEG AL DESCRI PTIO N Page 4 of 4