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Resolution 227-1987 RESOLUTION NO. 227-1987 RESOLUTION INTERPRETING SECTION 3-101 H-3 (HEIGHT DEFINITION) TO PERMIT A PORTION OF A ROOF LINE TO EXCEED 35 FEET IN HEIGHT ON BUILDINGS AS A SPIRE; PROVIDING SAID SPIRE DOES NOT COVER MORE THAN ONE-THIRD OF THE TOTAL ROOFING AREA AND DOES NOT EXCEED 44 FEET IN HEIGHT. WHEREAS, Monroe County Building Permit #C-21282 issued February 26, 1987, allows Owner, to construct an addition to a single family residence; and WHEREAS, Monroe County Permit #C-21282 authorizes the construction of a portion of a building which exceeds the maximum heights of 35 feet and has been interpreted to be a violation of Section 9-403 of the Monroe County Land Development Regulations; and WHEREAS, the State of Florida Department of Community Affairs (hereinafter referred to as the Department) appealed the issuance of said permit pursuant of Section 380.07 (2), Florida Statutes (1986), and Chapter 42-2, Florida Administrative Code; and WHEREAS, the Department and the Owner of the property which was the subject of the building permit entered into an agreement on April 24, 1987 setting forth the conditions necessary for the Owner to continue construction; and WHEREAS, paragraph three of said agreement permits the Owner to request from the Monroe County Commission permission to construct a portion of the roof on said building, being less than one-third of the total roof as a decorative spire; and WHEREAS, the Monroe County Commission desires to interpret Section 3-101 H-3 for this particular Owner and other owners in the same situation, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That in buildings hereinafter constructed in Monroe County, Section 3-101 H-3, is hereby interpreted to mean that a portion of the roof line of the building comprising one-third or less of the total roof area of a building may exceed the 35 feet maximum height as set forth in Section 9-403 of the Monroe County Development Regulations as a spire, provided, that no such spire shall exceed 44 feet in height and is not to be habitable. 2. 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 be certified to said Field Representative, Post Office Box 990, Key West, Florida, 33041, return receipt requested. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ,f~~ day of June, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA aJ / ",,; }?' 'P(~~..J,v.::P:'_.,:",~""-'~).~: ~~:5 .:/' · R CH IRMAN (SEAL) A tte s t : DANNY 1... KOLHAGE, Clerk -,/21;. / ~I f), C APPR D AS TO FOR\~ AND. E AL SUFFICIEN, CY. .., ,( , (t. ra' 8Y . 061' ( 7 Attorney s ",ce