Resolution 159-1998
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. Attest: DANNY L. KOLHAGE. Clerk
RESOLUTION NO. 159 -1998
County Attorney
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
EVIDENCING THE BOARD'S APPROVAL, SUBJECT TO CERTAIN SPECIFIED REVISIONS, OF
A RECOMMENDED ORDER OF DETERMINATION OF VESTED RIGHTS PROMULGATED BY
THE VESTED RIGHTS HEARING OFFICER. IN RE:THE APPLICATION OF ANDREW P.
ANDRUSHKO ITROPIC LEISURE DEVElOPMENT. INC.I
WHEREAS, on January 4. 1996, the Monroe County Year 2010 Comprehensive Plan became
effective; and
WHEREAS, development applications "in the pipeline" as of January 4, 1996 are subject to a
determination of vested rights pursuant to Policy 101.18.1 of the Plan; and
WHEREAS. a hearing on the application of Andrew P. Andrushko (Tropic Leisure Development.
Inc.) for determination of vested rights was scheduled before the County's Vested Rights Hearing
Officer, Mr. Randy Sadtler, Esq.; and
WHEREAS, pursuant to a review of the application and attached exhibits. the Hearing Officer
promulgated on March 17, 1998 an Order regarding that application for determination of vested rights;
WHEREAS, Paragraph 2 of the Order invites the Applicant to "supplement the application with
additional exhibits." but provides no justification for such an open-ended invitation; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
The Findings of Fact set forth in Paragraph 1 of the Recommended Order of the Vested Rights
Hearing Officer is APPROVED. Paragraph 2 of the Recommended Order is disapproved, and the
application is DENIED.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe Co~~rig,~
regular meeting of the Board held on the 8th day of April. 1998. !;.!;~ ~ ~
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'-~ayor Jack London
'" missioner Keith Douglass
~' issioner Shirley Freeman
G " issioner Wilhelmina Harvey
,~,~. issioner Mary Kay Reich
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UNTY COMMISSIONERS
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BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Andrew P. Andrushko.
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This cause came on to be heard by the Vested Rights Hearing Officer, who, after having reviewed
the application and exhibits, heard oral presentation of the Applicant and hislher attorney, if any, makes the
following findings of fact and conclusions of law:
FINDINGS OF FACT
1" The application, as submitted, provides no basis upon which a vested rights determination cou;ld
be granted;
2, It is the recommendation that the application be denied without prejudice to supplement the
application with additional exhibits"
DONE AND ORDERED at Marathon, Monroe County, Florida this
#f'aJ , 1998"
d day of
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FBN 377163
Vested Rights Hearing Officer