Resolution 353-1990
Monroe County Commission
RESOLUTION NO. 353-1990
A RESOLUTION OF THE BOARD OF COUNTY COMt-1IS-
SIONERS OF MONROE COUNTY, FLORIDA, REVERSING
AN ADMINISTRATIVE DECISION OF THE DIVISION OF
GROWTH MANAGEMENT AND AN ORDER OF THE
PLANNING COMMISSION AFFIRMING THAT DECISION
WHICH RESULTED IN THE DENIAL OF A DREDGE AND
DOCK PERMIT TO DONALD LIBERA FOR A CANAL
ADJACENT TO LOT 6, BLOCK D, WALORISS
SUBDIVISION, MARATHON, FLORIDA, AND ORDERING
THAT SUCH PERMIT BE GRANTED.
WHEREAS, the Growth Management Division in a letter dated
9-1-89 denied the application of Donald Libera for dredging and a
dock in a canal adjacent to Lot 6, Block D, Waloriss Subdivision,
Marathon, Florida, on the basis that the dredging involved was
not maintenance and, therefore, prohibited by Vol. II, Page 205,
Monroe County Comprehensive Land Use Plan; and
WHEREAS, an appeal of that administrative decision was
timely taken to the Monroe County Planning Commission which
affirmed the Growth Management Division decision in an order
dated 2-1-90 although on a procedural basis and not on the
merits; and
WHEREAS, Mr. Libera timely perfected an appeal to this
Board; and
WHEREAS, this Board has examined the record below and has
been fully advised by the parties; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
1. The administrative decision of the Growth Management
Division of 9-1-89 denying Donald Libera's dock and dredging
application and the order of the Planning Commission affirming
the Growth Management Division decision are hereby reversed and
the Growth Management Division is ordered to issue a dock and
dredge permit for the canal adjacent to Lot 6, Block D, Waloriss
Subdivision, Marathon, Florida, this Board having specifically
determined from the record that the dredging involved is merely
maintenance.
2. The Clerk of the Board is hereby directed to furnish a
certified copy of this resolution to the local field office of
the Florida Department of Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the ../.I:1i- day of
, 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:ok~
Mayor a rman
(SEAL)
Attest: DANNY' L. 1:::'01" ;T11\GE, Clerk
~.l-~-1' AO./
APPROVED AS TO FORM
ANDLEGALSUfAC~NCZ
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