Resolution 263-1990
,,'
FILEn rrp ~)["('(1pn
Board of County Commissioners
'90 MAY 30 A 4 :26
\.l
RESOLUTION NO. 263-1990
A RESOLUTION DENYING THE APPEAL OF EWING-
WARDELL DEVELOPMENT CORPORATION AND UPHOLDING
THE PLANNING COMMISSION'S DECISION TO DENY
THE ISSUANCE OF DEVELOPMENT ORDER #26-89 FOR
CONSTRUCTION OF A CONVENIENCE STORE ON
PROPERTY LOCATED IN LIME GROVE ESTATES
SUBDIVISION, KEY LARGO, MONROE COUNTY,
FLORIDA.
"
MONRO , i i
WHEREAS, Ewing-Wardell Development Corporation was granted a
minor conditional use permit for construction of a convenience
store on the following described property:
part of tract A, Lime Grove Estates
Subdivision, Key Largo, Section 12, Township
62S, Range 38E, approximately MM 96,
by the Planning Director's Development Order 26-89, and
WHEREAS, Silver Shores Leaseholders Association, a body with
standing, timely appealed Development Order 26-89 to the Planning
Commission which, with due notice, held a hearing on the appeal
on March 1, 1990.
At that hearing, the Planning Commission
overturned the decision of the Planning Director and granted the
appeal. See Planning Commission Resolution No. 17-1990. Such
decision had the effect of denying Ewing-Wardell Development
Corporation a minor conditional use for a convenience store, and
WHEREAS, Ewing-Wardell Development Corporation then timely
perfected an appeal to this Board seeking a reversal of the
Planning Commission's decision and reinstatement of Development
Order 26-89, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
1. This Board, having examined the record below and heard
the arguments of the parties, and finding no error in the
decision of the Planning Commission set forth in Planning
Commission Resolution No. 17-1990, hereby upholds the decision of
the Planning Commission and denies Ewing-Wardell Development
Corporation's appeal because the appellant failed to present
material evidence that the Planning Commission erred and because
the cited Duval County case may not apply.
2. 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 8th day of May, 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:ok~
Mayor/Chairman
(SEAL)
Attest : DANNY L. KOLHAGE, Clerk
AI'MOVED AS TO FOfIM
AND LEGAL SUFFICIf"NCY~
B~?!Z
Attorney'. Oflit:e
2