Resolution 626-1990
~ .
FILED FC) RECORD
'90 DEe 13 PPl 2 32
Monroe County Commission
D A 1\1 i' , G UIi.l. G E
CL<. elF\. CT.
t,iONROE COUNTY,FLA.
A RESOLUTION TO DENY THE APPEAL FILED BY THE SEANIC
CORPORATION FOR A PROJECT KNOWN AS "CAPTAIN'S COVE" AND
LOCATED IN MATECUMBE SANDY BEACH SUBDIVISION, LOWER
MATECUMBE KEY, MONROE COUNTY, FLORIDA, AND TO AFFIRM
THE DECISION OF THE PLANNING COMMISSION FOR MONROE
COUNTY.
RESOLUTION NO. 626 -1990
WHEREAS, the Seanic Corporation filed a petition with the
Monroe County Commission with respect to the project known as
"Captain's Cove" to entertain whatever pending matters the
appellant's attorney may have brought before them pursuant to the
earlier direction of the County Commission, and
WHEREAS,
the Planning Commission did by Resolution
No. 65-1990 determine that the request of the applicant for a
modification was denied and further determined that the changes
requested by the applicant constituted a major change, and
further, that the applicant had failed to meet the burden of
proof to demonstrate that the major development approval issued
pursuant to the earlier Monroe County Code was still viable by
virtue of causal factors which made it necessary to extend the
time for completion, and
WHEREAS, the Planning Commission did otherwise rule that the
building permits issued in connection with the said project were
now null and void and that there was no standing on the part of
the applicant to extend or modify the said permits, and
WHEREAS, the Commission has reviewed the record made before
the Planning Commission and examined the various exhibits filed
in connection with the said appeal and heard the argument of
counsel and is otherwise fully informed in the premises, now,
therefore
BE RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
l. That the Monroe County Commission does hereby uphold
the determination of the Planning Commission as reflected in
Resolution No. 65-1990 having found no substantial competent
evidence in the record to require the reversal of said resolution
and finds that based upon the record presented to it that the
findings and conclusions of the Planning Commission are correct
and are hereby ratified and adopted by the Monroe County Commis-
sion.
PASSED AND ADOPTED by the Board of County Commissioners at a
special meeting of said Board held on the ~ day of J>ec..~bLt;
1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~..;~A.t-~:-'~'~~
Mayor/Chairman
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By-62~~~1-
epu er
APPRO V, , ').1'
BY AND f{tj;~:'C1.
Attortwv's (,',c'r
2