Resolution 002-1990
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Monroe County Commission
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RESOLUTION NO. 002-1990
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AFFIRMING
MQNROE COUNTY PLANNING COMMISSION RESOLUTION
NO. 10-89 DENYING A SIGN VARIANCE TO MAX
FINKLESTEIN D/B/A THE BOOT OUTLET, KEY LARGO,
Mbf 102.5.
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1.
Mr. Max Finklestein, d/b/a The Boot Outlet,
applied to the Planning Commission for a variance for wall signs
of approximately 700 square feet for a commercial establishment
located at Lots 9-13, Block 12, Township 6lS, Section 14, Range
39E, Twin Lakes Subdivision, Key Largo, MM 102.5. Sec.
9.5-404(c)(1) and (2), M.C.C., would allow for wall signs of only
300 square feet. The signs were already constructed before Mr.
Finklestein applied for the variance and were constructed without
the benefit of a County building permit or any other development
approval.
Section 2.
The Planning Commission determined that the
variance requested did not meet the requirements set forth in
Sec. 9.5-407(c), M.C.C., and, in fact, any hardship suffered by
Mr. Finklestein was self-created due to his precipitous sign
construction.
The Planning Commission also rej ected Mr.
Finklestein's contention that the signs were "art" and, hence,
outside the scope of the County's sign regulations, presumably on
the basis that, regardless of any aesthetic charm, the wall
paintings were also signs under Sees. 9.5-402(b)(77) and
9.5-4(S-5), M.C.C. Therefore, the Planning Commission denied the
variance application in Resolution No. 10-89. Mr. Finklestein
then timely perfected this appeal.
Section 2. This Board, having examined the record below,
heard the arguments of Mr. Finklestein and the planning staff,
and otherwise being fully advised in the premises, finds no error
below and, therefore, denies the appeal of Max Finklestein and
affirms the decision of the Planning Commission in its Resolution
No. 10-89.
Section 3. 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 9th day of January, 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By, Jt.~
Mayor/Chairman
(SEAL)
A DANNX J. i"-OL1JA.G:$a ~lJgk.
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APPROVED AS TO FORM
AND LEGAL SUfFICIENCY. / "
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