Resolution 216-1987
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County Commission
RESOLUTION NO. 216 -1987
A RESOLUTION AMENDING RESOLUTION NO. 162-1987
AND PROVIDING FOR ADDITIONAL PROVISIONS OF
THE SAME MATERIALS OMITTED FROM THE ORIGINAL
RESOLUTION NO. 162-1987 TO INCLUDE A SPECIFIC
WAIVER OF THE PLAT AS REQUIRED BY CHAPTER 17
OF THE MONROE COUNTY CODE AND ALSO A FINDING
OF FACT REQUIRED BY SECTION 4-21(d) FOR THE
GRANTING OF SPECIAL USE EXCEPTION FOR AN
ACCESS ROAD TO THE SHORELINE PROTECTION ZONE
AND RE-ENUNCIATING ALL THE OTHER PARTS OF
RESOLUTION NO. 162-1987 AS REFLECTED IN THE
SAME AS PASSED ON APRIL 7, A.D. 1987.
WHEREAS, on December 2, 1986, the Board of Adjustment of
Monroe County, Florida, upheld the decision of Charles Pattison,
Director of Building, Planning & Zoning, in denying a permit to
construct a single family residence and access drive on property
described as follows:
A tract of land which is a part of Government Lot 1,
Section 15, Township 67 South, Range 27 East, on Lower
Sugarloaf Key, Monroe County, Florida.
and
WHEREAS, Charles G. Allen, Jr., and Charles G. McDonald have
duly appealed said decision to the Board of County Commissioners
of Monroe County, Florida, and the Board having reviewed the
transcript of the December 2, 1986, hearing, having considered
the argument of all parties present wishing to speak on the
matter, and all premises considered, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the December 2, 1986, decision of the Board of
Adjustment of Monroe County, Florida, upholding the decision of
Charles Pattison, Director of Building, Planning & Zoning, in
denying a permit to construct a single family residence and
access drive on the above-described property be, and the same is
hereby, reversed.
2. That the Board of County Commissioners of Monroe
County, Florida, makes a finding of fact that the proposed
development will not encroach upon or destroy the value of areas
within the Shoreline Protection Zone or otherwise adversely
affect those conditions and characteristics which promote shore-
line stabilization, storm surge abatement, water quality mainte-
nance, wildlife and marine resource habitat, and marine produc-
tivity.
3. That said Charles G. Allen, Jr., and Charles G.
McDonald, be, and they are hereby, granted a reversal of the
decision of the Board of Adjustment of Monroe County, Florida,
which upheld the decision of Charles Pattison, Director of
Building, Planning & Zoning, in denying a permit to construct a
single family residence and access drive on the above-described
property, with the condition that the applicants will replace on
a one-for-one basis the black mangroves in the same number as are
destroyed during the bridging process, and that the said appli-
cants will revegetate the cleared area on the berm.
4. That, upon receipt of all necessary permits from the
Department of Environmental Regulation, Army Corps of Engineers,
and South Florida Water Management District, if applicable, by
the said Charles G. Allen, Jr. and Charles G. McDonald, the
Director of Building, Planning and Zoning shall issue said
building permit upon request of said Charles G. Allen, Jr. and
Charles G. McDonald.
5. That the subdivision plat requirements contained in
Chapter 17 of the Monroe County Code of Ordinances be, and they
are hereby, waived.
6. That the Clerk is hereby directed to make available to
the Field Representative of the Department of Community Affairs a
certified copy of this resolution by certified mail to said Field
Representative, Post Office Box 990, Key West, Florida 33041,
return receipt requested.
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PASSED AND ADOPTED, nunc pro tunc, by the Board of County
Commissioners of Monroe County, Florida, this 2nd day of June,
A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(Seal)
AttestPANNY L. KOUIAGE, Clerk
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