Resolution 540-2002
540 - 2002
RESOLUTION NO.
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS DENYING THE
REQUEST OF BARBARA EADS THAT WOULD
RESCIND THE HISTORIC DESIGNATION OF THE
LEONARD AND HANNAH LOWE HOUSE LOCATED
AT 91770 OVERSEAS HIGHWAY, TAVERNIER,
MONROE COUNTY, FLORIDA.
WHEREAS, the property is located at 91770 Overseas Highway in Tavernier, described in Part
as Lot 21, of the Absolom Albury Plat and a Part of the northwesterly 97.97 feet of Tract A, Burton's
Addition, to Tavernier, Monroe County, Florida, Real Estate number 00479470-000000;
WHEREAS, the County Commission designated this property as a "Historic and Cultural
Landmark" as provided by Article VIII of the Monroe County Code. Amended, on November 12, 1997;
WHEREAS, Barbara Eads, the owner of the property, currently wishes to have the designation
of the property rescinded, so that the building may be demolished and a new structure erected;
WHEREAS, the Monroe County Historic Preservation Ordinance requires that "an historic
designation may only be amended or rescinded by complying with the same procedures as the original
approval";
WHEREAS, the Monroe County Historic Preservation Ordinance empowers the Monroe
County Historic Preservation Commission to "make recommendations to the Board of County
Commissioners to designate historic property, and if necessary, recommend rescission of such
designations";
WHEREAS, the Monroe County Historic Preservation Commission during a regular meeting
held on March 11, 2002, voted to recommend to the Board of County Commissioners that they deny
the request of Barbara Eads.
WHEREAS, the Monroe County Board of County Commissioners has made the following
Findings of Fact and Conclusions of Law, based on the evidence produced at this hearing:
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1. The property is not under a demolition order by a government agency or a court of
competent jurisdiction, as defined in Sec. 9.5-456(d);
2. The property owner has not submitted information to assert undue economic hardship,
as defined in Sec. 9.5456(d)(1) and (2);
3. The purpose of the Monroe County Historic Preservation Ordinance is to preserve,
protect, and enhance historic properties, as noted in Sec. 9.5-451; and
4. The Leonard and Hannah Lowe House is still significant to the history of Monroe
County and the State of Florida, continuing to meet the standards for designation as specified
in Sec. 9.5-454 (a) (1) of the Monroe County Land Development Regulations;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support the decision of the Historic Preservation Committee
recommending the Monroe County Board of Commissioners NOT RESCIND the designation
of the Leonard and Hannah Lowe House, 91770 Overseas Highway, Tavernier, as a "Historic
and Cultural Landmark" as provided for by Article VIII of the Monroe County Code. Amended.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 20th day of November, A.D., 2002.
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Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
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BOARD OF COUNTY COMMISSIONERS
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