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Resolution 162-1985 Board of Appeals RESOLUTION NO. 162 -1985 RESOLUTION UPHOLDING THE DECISION OF THE ZONING BOARD OF MONROE COUNTY, FLORIDA, WITHOUT PREJUDICE, AND DENYING THE REQUEST OF EDWARD KLOSKI, PRES IDENT OF THE UPPER KEYS CITIZEN'S ASSOCIATION TO REVERSE THE DECISION OF THE ZONING BOARD OF MONROE COUNTY FLORIDA, APPROVING THE MAJOR DEVELOPMENT AND FINAL DEVELOPMENT PLAN AND APPROVING PRELIMINARY CHANGES, FINAL COMMUNITY IMPACT STUDY, AND FINAL CHANGE OF ZONING FROM GU, PUD, BU-2, BU-2A TO PUD WITH A BU-2F FOR CITY NATIONAL BANK AS TRUSTEE, GARDEN COVE PROJECT. WHEREAS, on September 28, 1984, the Zoning Board of Monroe County, Florida, approved the major development and final develop- ment plan and approved preliminary changes, final community impact study and final change of zoning from GU, PUD, BU-2, BU-2A to PUD with a BU-2F for property described in Attachment "A", attached hereto and made a part hereof. WHEREAS, Edward Kloski has duly appealed said decision to the Board of County Commissioners of Monroe County, Florida, sitting as the Board of Appeals, and the Board having reviewed the transcript of the September 28, 1984 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, sitting as the BOARD OF APPEALS, as follows: 1. That the September 28, 1984, decision of the Zoning Board of Monroe County, Florida, be, and the same is hereby upheld. 2. That said Edward Kloski be, and he is hereby denied a reversal of the decision of the Zoning Board of Monroe County, Florida, approving the maj or development and final development plan and approving preliminary changes, final community impact study and final change of zoning from GU, PUD, BU-2, BU-2A to PUD with a BU-2F for property described in Attachment "A", attached hereto and made a part hereof. 3. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, sitting as the Board of Appeals, at a regular meeting of said Board held on the 15th day of May, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS THE BOARD OF APPEALS (SEAL) Attest:DANNY L. KOLHAGE, Clerk ~~ - / r; I ~~ , . ~'~~'"I' A),e:- er , , APPROVED AS TO FOHM A GALSURRC~UCY. 8 2 Attachment "A" 1...o"'50..J.. Description for Garden Cove Project Theit rortioll of the South One-Half (SI,2) of Section 31. Township 60 South. Range 40 East. Key Largo. Monroe County. Florida. described as follows: "Plat No.1. Key Largo City Garden Cove Section". according to the plat thereof. as recorded in Plat Book 1. Page 157 of the Public Records of Monroe County. Florida; TOGETHER ~nTH "Plat No.2 Key Largo City Garden Cove Section No.2". according to the plat thereof. as recorded in Plat Book 1. Page 195 of the Public Records of Monroe County. Florida; TOGETHER WITH "Plat No.5. Key Largo City Industrial Section". according to the plat thereof. as recorded in Plat Book 1. Page 176 of the Public Records of Monroe County. Florida; TOGETHER WITH that portion of the fractional Southeast ~ of said Section 31. Township 60 South. Range 40 East. lying Easterly of the platted center ~ine of Country Club Drive, according to said "Plat No.5, Key Largo City Industrial Section" (P.B. I, P. 176' and Northwesterly of the center line of Tropic Drive, according to said "Plat No. I, Key Largo City Garden Cove Section" (P.B. I, P. 157) and Southwesterly of the Center line of Loquat Drive. according to said "Plat No.2. Key Largo City Garden Cove Section No.2" (P.B. 1. P. 195). LESS THERE FROM all of "Revised Plat Portion of Block 5, Plat No.5. Key Largo City", according to the plat thereof, as recorded in Plat Book 3, Page 155 of the Public Records of Monroe County, Florida; LESS THERE FROM Lots 1 and 2 of Block 2; Lots 1 through 5. inclusive. of Block 4; all of Block 6; that portion of Ebony Drive lying adjacent to Lot 2. Block 1 and Lot l~ Block 2; Garden Cove Drive; Atlantic Boulevard; and Loguat Drive; all as shown on said "Plat No. I, Key Largo City Garden Cove Section "(P.B. I, P. 157); LESS THERE FROM Lot 5 of Block 5; Lots 3 through 8. inclusive. of Block 6; the North- westerly 30 feet.of Reef Drive lying adjacent to said Lot 5, Block 5; the Southwesterly 10 feet of the 20 feet wide alley adjacent to said Lot 5; that portion of Gulf Boulevard lying adjacent to Lot 3 of Block 6; Atlantic Boulevard; and Loquat Drive; all as shown on said "Plat No.2 Key Largo C.ity Garden Cove Section No.2" (P.B. 1. P. 195); LESS THERE FROM Blocks 2. 4 and 6; Lots 8, 9, 44 and 45 of Block 5; that portion of First Street lying adjacent to said Lots 8 and 9 of Block 5; that portion of the alley lying adjacent to said Lots 8, 9, 44 and 45 of Block 5; Third Street; Loquat Drive; that portion of Second Street lying adjacent to Blocks 2 and 4; that portion of First Street lying adjacent to Blocks 4 and 6; the alleys lying in said Blocks 4 and 6; that portion of Palmetto Street lying Northwesterly of State Road S-905; and Garden Cove Drive; all as shown on said "Plat No.5, Key Largo City Industrial Section" (P.B. I, P. LESS THERE FROM the 150 feet wide right-of-way for State Road S-905 as shown on State Right-of-Way Map Section 90520-2601 AND TOGETHER WITH that portion of the Southwest One-Quarter of said Section 31, Townsh !,' 60 Sou th. Range 40 Eas t, bounded on the Wes t by U. S. Highway Ill, bounded on the North atl' East by said "Plat No.5, Key Largo City Industrial Section" (P.B. 1. P. 176); and bounded on the South by the Northwesterly extension of the Southwesterly lot line of Lot 10, Block 5 of said "Plat No.5. Key Largo City Industrial Section" (P.B. 1. P. 176) to the Easterly right-of-way line of U.S. Highway III and bounded on the North and West by the following described parcel: '- Begin at the Northeast corner of Lot 8. of Block 3. of Plat N4 5 of Key Largo City Industrial Section, according to the Plat thereof as recorded in PI t B kIP 176 f h P b ' a 00' . age · 0 t e u l1c Records of Monroe County, Florida; run thence along the Southeast- er~y boun~a:Y.line of said Lot 8 an~ Lots 7. 6, 5. 4. 3, 2, and 1 of said Block 3. of sa~d sub~1v1s10n, and the prolongation thereof. a distance of 250 feet to a point (said p01nt ~e1ng,50 feet from,the Southerly corner of said Lot 1); thence run in a Southwest- er~y d1rect10n al~ng a l1ne perpendicular to the right-of-way of the Old Florida East C, Ra~lroad~ to a p01n~ where said line meets the right-of-way of said Florida East Coast Ra11r~ad.~hencerun1n a Nort~westerly direction along the Northeasterly boundary line of sa1d r1ght-of-way to a p01nt where a prolongation in a Southwesterly direction of the Nor~hwe~terly boundary lines of Lots 1 and 2 of Block I of said subdivision would meet sa1d r1ght-of-way; thence run in a Northeasterly direction along the prolongation of the North~esterly boundary line of said lots I and 2 of Block I to the Southwester]\, corner of sa1d Lot I, Block, 1; thence run in a Southeasterly direction along the South~ weste:ly boundaries of said Lot 1. Block I, and of Lot 7 of said Block 1 and of Lot 9 of sa1d Block 3, to the point of beiginning.