Resolution 690-1989
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Monroe County Commission
.89 DEe 1 B P12 :02
RESOLUTION NO. 690-1989
U
~11~~SOLqTION RESCINDING RESOLUTION NO. 688-1989,
'~a~DrNG THE DECISION OF THE MONROE COUNTY
PLANNING COMMISSION, AND DENYING THE APPEAL OF
ERIC AND RUTH WITZEL'S DIMENSIONAL VARIANCE
REQUEST, WITH CERTAIN MODIFICATIONS, FOR THEIR
PROPERTY LOCATED ON LOT 39, BLOCK 4, BLUE WATER
TRAILER VILLAGE, SECTION 4, 117 NORMANDY DRIVE,
TAVERNIER, KEY LARGO, FLORIDA.
WHEREAS, on July 20, 1989, the Monroe County Planning
Commission decided to deny the applicant's request for a
dimensional variance, and
WHEREAS, the Planning Commission made a determination that
the variance request did not meet the requirements of Monroe
County Section 9.5-523(d), and
WHEREAS, the construction which had been done, was done
without the benefit of permits and violated the required rear and
side setbacks, and
WHEREAS, on November 21, 1989, the Board of County
Commissioners adopted Resolution No. 688-1989 upholding the
decision of the Planning Commission, and
WHEREAS, this Board having reconsidered this matter and
having reviewed the record hereby rescinds said Resolution No.
688-1989 and adopts this resolution in lieu thereof, now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. Resolution No. 688-1989 is hereby rescinded.
2. The Witzels were denied a variance to the dimensional
variance requirements of the Monroe County Code.
3. The Witzels then timely perfected an appeal to this
Board seeking a reversal of the Planning Commission's decision.
4. This Board, having examined the record below and heard
the arguments of the parties, hereby upholds the decision of the
Planning Commission and denies the Witzel's appeal, with certain
modifications, because of undue hardship and the parameters
involved.
5. While the Witzel's construction was done without a
permit, if the entire construction was required to be removed, it
would constitute an exceptional hardship under Monroe County Code
Section 9.5-523. Therefore, the intent of the Code may be met
with removal of only the trailer portions and the overhangs.
6. The Clerk of the Board is hereby directed to forward a
certified copy of this Resolution to the 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 22nd day of November, 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: d:~
- ayor a1.rman .
(SEAL)
A ttes t : DANNX 4 ~OLHAGE, ~:terk
J21&~.Lf)L
er ;
BY
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Ilannp 'I. I\olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL, 13051 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. 1305) 294.4641
December 18, 1989
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. 1305) 852.9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
D~partme~t ~f Community AffairF
Rhxne BUlldlng ,
274{kCenterview Drive "
Tallahassee, Florida 32399
p () (L'- 0 ! ;;; - J .3 3
and
Department of Community Affairs
Post Office Box 990
Key West, Florida 33041
p. () 70 ~ O?'t;;(, - 6 3/
Gentlemen:
At a Regular Meeting in formal session on
November 22, 1989, the Board of County Commissioners of
Monroe County adopted Resolution No. 690-1989 rescinding \
Resolution No. 688-1989 which was adopted November 21st,
upholding the decision of the Monroe County Planning \
Commission, and denying the appeal of Eric and Ruth Witzel's
dimension variance request, with certain modifications, for
their property located on Lot 39, Block 4, Blue Water
Trailer Village, Section 4, 117 Normandy Drive, Tavernier,
Key Largo, Florida.
.
Enclosed please find a certified copy of each
Resolution)
I
..very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
by:
Rosalie . C
Deputy Clerk
cc: County Attorney
County Administrator
Asst. Co. Admin./Growth Management
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