The URL can be used to link to this page

Home My Public Portal About2024-13 Approving a variance request to waive the required two-foot setback for exterior walls or façades exceeding 35 feet in length on property located at 340 Harbor DriveRE S O L U T IO N N O . 2 0 2 4 -13 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 W A IV E T H E RE Q U IRE D T W O -F O O T S E T B A C K F O R E X T E RI O R W A L L S O R F A <;A D E S E X C E E D IN G 3 5 F E E T IN L E N G T H F O R T H E W A L L S O N T H E N O R T H A N D S O U T H S ID E S O F T H E P R O P O S E D H O U S E O N P R O P E R T Y L O C A T E D A T 3 4 0 H A RB 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 , the Coral Gables Trust Company (as trustee of the separate share under the Juan Diego Calle Irrevocable Family Trust) ("Applicant") is the owner of 340 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 Section 30-100( c )(2)( d) of the Village Code to waive the required two-foot setback for exterior walls or facades exceeding 35 feet in length for the walls on the north and south sides of the proposed house on the Property ("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. Page 1 of 3 N O W , T H E RE F O RE , B E IT RE SO L V E D B Y T H E V IL L A G E C O U N C IL O F TH 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 FO L L O W S : S ection 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 Variance. 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 13th day of February , 2024. ~ JOE I. RASCO, MAYOR Page 2 of 3 ATTESTED AND RENDERED THJ~l\'IQIDA Y OF ~uA.('j024: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~J~ WE ISS SER OTA HELFMAN COLE & BIERMAN, P .L. VILLAGE ATTORNE Y Page 3 of3 E xhibit "A " LEG A L DE SC R IPTI ON LO T 14, B L O C K 17, FO U R T H A D D IT IO N TO TR OPICA L ISL E HOM ES SU BD IV ISION , A C C O R D IN G TO TH E PL A T TH E R EO F, RECO R DED IN PLA T B O O K 53, PA G E 39, OF TH E PU B LI C R E C O R D S O F M IA M IO D A D E C O UN T Y , FL OR ID A .