Resolution 440-1990
Monroe County Commission
RESOLUTION NO. 440 -1990
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, REVERSING
THE DECISION OF THE PLANNING COMMISSION IN
DENYING THE APPEAL OF GREGG LOMBARDI WITH
REGARD TO SINGLE FAMILY HOME BUILDING PERMIT
NO. 901-176 FOR LOT 45, RAMROD SHORES 3RD
ADDITION, RAMROD KEY, SEC. 29, TOWNSHIP 66S,
RANGE 29E, AND GRANTING THE APPEAL.
WHEREAS, on 2-26-1990, the Monroe County Building Department
administratively issued a building permit No. 901-176 to a Mr.
David Conner for a single family home on Lot 45, Ramrod Shores
3rd Addition, Ramrod Key, Sec. 29, township 66S, rane 29E
(approximately MM27);
WHEREAS, the permit would authorize construction within 50
feet of the shoreline;
WHEREAS, Sec. 9.5-286, Monroe County Code, would only
authorize the construction if it were adjacent to an altered
shoreline;
WHEREAS, a Mr. Gregg Lombardi, a neighboring property owner
with standing under Sec. 9.5-521, Monroe County Code, timely
filed an appeal regarding the issuance of the building permit on
~e ~oUAds ihat the shoreline was unaltered and, hence, the 50
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fi5ot~et~~~pp1ied;
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0:: WHE~~ g the appeal came to be heard before the Planning
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C~~Si~~~5-24-l990 which denied the appeal and memorialized
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t~i~deGisi~ in Planning Commission Resolution No. 41-1990; and
en
WHEREAS, Mr. Lombardi timely perfected his appeal to this
Commission under Sec. 9.5-521, Monroe County Code; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1.
This Board has carefully examined the record
below, heard the arguments of the parties, and is otherwise fully
advised in the premises.
Section 2.
In this case, no evidence was ever presented
that indicated that the relevant shoreline, including the
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m~ngroves associated with it, was ever altered lawfully or
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otherwise. Given that, the conclusion is inescapable that the
shoreline is unaltered for the purposes of Sec. 9.5-286, Monroe
County Code. And, if unaltered, no construction of the type at
issue here may be undertaken within 50 feet of the shoreline.
Section 3.
Therefore,
the decision of the Planning
Commission, as memorialized in Planning Commission Resolution No.
41-1990, denying Mr. Lombardi's appeal of building permit no.
901-176 is hereby reversed and the appeal is granted. As a
result, building permit no. 901-176 shall have no further force
and effect and shall not be construed to authorize any
development whatsoever.
Section 4. 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 J~1t
day of September, 1990.
(SEAL)
Attes t: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:ok~
Mayor a1.rm
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