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Resolution 290-1997 RESOLUTION NO. 290_97 A RESOLUTION BY THE BOARD OF COUNTY COMMIS- SIONERS APPROVING THE REQUEST BY THE FLORIDA KEYS LAND TRUST FOR AN EXEMPTION FROM THE PERMIT ALLOCATION SYSTEM FOR NONRESIDENTIAL DEVELOPMENT FOR FEDERALLY TAX-EXEMPT INSTITU- TIONAL USES FOR THE CONSTRUCTION OF A 120 SQ. FT. REPLICA OUTDOOR KITCHEN TO BE LOCATED ON PROPERTY DESCRIBED AS GOVERNMENT LOT 3, SEC- TION 2, TOWNSHIP 66 SOUTH, RANGE 32 EAST, TALLAHASSEE MERIDIAN, AT MARATHON, KEY VACA, MONROE COUNTY, FLORIDA. THE LAND USE DESIGNA- TION IS URBAN COMMERCIAL (UC) AND THE REAL ESTATE NUMBER IS 010376. WHEREAS, during a regular meeting held on August 7, 1997, the Monroe County Planning Commission conducted a public hearing on the request filed by the Florida Keys Land Trust for an exemp- tion from the nonresidential permit allocation system for the construction of a 120 sq. ft. replica outdoor kitchen; and WHEREAS, the proposed development is located on property legally described as part of Government Lot 3, Section 2, Town- ship 66 South, Range 32 East, Tallahassee Meridian, at Marathon, Vaca Key, Monroe County, Florida; and WHEREAS, the above-described property is located in the Urban Commercial (UC) land use district; and WHEREAS, the Planning Commission was presented with the following evidence, which by reference is hereby incorporated as a part of the record of said hearing: 1. A letter from Michael J. Murphy, Centralized Services Branch District Director, Internal ~evenue~ Se~ice, dated April 9, 1985; and C 2 .;;::J r= z ~# fT1 . ::::;0Z CJ Presentation by S. Sprunt, Florida Keys ~~ T~t;,$nd n r N 0 The, staff report prepared by Ed KOC~~~ DCWel~ment ReVlew Planner, dated July 17, 1997; an~;....,r: -g i-r. :-< ~: \,.,J c-; ". c The sworn testimony of the Growth Manageffie~t St~f; :and ". "-, the Planning Commission has made the following Facts and Conclusions of Law based on the evidence 2. 3 . 4. WHEREAS, Findings of presented: 1. Based on the letter from the Internal Revenue Service, dated April 9, 1985, we find that the Florida Keys Land Trust oper- ates as a federally tax-exempt nonprofit organization; and page 1 of 2 EXLANDTR.06/TXTDR/#96104 Initials 2. Based on the staff report, we find that the replica outdoor kitchen will serve the existing residents of Monroe County who have been counted in the original study of hurricane evacuation times; and 3. Based on the staff report, the replica outdoor kitchen will not increase the number of patrons the Adderley Historic Site at Crane Hammock can accommodate; therefore, we find that new patrons are hereby required to either live in a pre-owned home which has already been counted in the hurricane evacua- tion clearance time study or they must submit an application to build a new home under the permit allocation system, in which case they will be accounted for in the ROGO reserve clearance time allocations; and therefore, we find that the application will not adversely affect the hurricane evacua- tion objectives of the Year 2010 Comprehensive Plan; WHEREAS, the Board of County Commissioners has duly consid- ered the recommendation and findings of fact of the Planning Commission and adopts the findings of fact as its own; NOW THERE- FORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COMMISSIONERS, that the preceding Findings of Fact support their decision to APPROVE the request filed by the Florida Keys Land Trust, a federally tax exempt institution, for exemption to the nonresiden- tial permit allocation system. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of August, A.D., 1997. Mayor Douglass yes Mayor Pro Tern London yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich no By ATTEST: DANNY L. KOLHAGE, CLERK BY By:16;r~~~.. DEPU Y C RK Resolution # ~Cfl)...lqq, page 2 of 2 EXLANDTR.06/TXTDR/#96104 Initials