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08/04/1988 Public Hearing MM ~50 Public Hearing/Special Meeting Board of County Commissioners Thursday, August 4, 1988 Key Colony Beach A Special Meeting/Public Hearing of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Key Colony Beach City Hall in Key Colony Beach. Present and answering to roll call were Commissioner William Freeman, Commission Michael Puto, Commissioner John Stormont, and Mayor Eugene Lytton. Absent from the meeting was Commissioner Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; Donald Craig, Assistant County Administrator - Growth Management Division; members of the County Planning Staff; members of the Press and Radio; and the general public. Before beginning the Hearing, Mayor Lytton recognized the fact that today is the 198th Birthday of the United States Coast Guard. Commissioner Stormont discussed the holding of a Budget Workshop in the Upper Keys. After discussion, Mayor Lytton advised that a Budget Workshop would be held on September 6, 1988 at 3:00 p.m. for the purpose of receiving input only concerning the Monroe County Budget for Fiscal Year 1988/89. Mayor Lytton advised for the record that there was no Amendment No. 51. He also noted for the record that the material presented to the Board does not reflect changes made and approved in the First Six Months' Review. Agenda Item File No. Applicant: Request: Property Location: 50 50-M-75 Theodore McGraw Change from SC to IS Lot 4, Block 2, Matecumbe Sandy Beach Key: Lower Matecumbe Mile Marker: 75 County Map No. 188 Theodore McGraw, Nicki Lesko and Gene Rhodus addressed the Board concerning this request. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission to approve the IS designation pursuant to 9.5-5ll(d)(4) and (5)b iii, iv, v. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 52 52-M-74 Hugh and Francis Rhodus Change from CFA to SC Parcel 5 of Tract 5, Matecumbe, Sandy Beach Key: Lower Matecumbe Mile Marker: 74 County Map No. l89 Fred Tittle, attorney for the applicants, addressed the Board. Michael Bier of the Lower Matecumbe Key Association, Inc. addressed the Board and opposed the request. Donald MM 'I r.: 1 i' t J ; Craig, Assistant County Administrator, recommended denial of the request. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to accept the recommen- dation of the Planning Department for denial. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Puto Commissioner Stormont Mayor Lytton Motion carried. Agenda Item File No. Applicant: Request: Property Location: Yes Yes Yes No 53 53-M-74 Snapper Cay Acquisition Change from CFA to SC Lot 6 and 7 of Tract 5, Matecumbe Sandy Beach Key: Lower Ma tecumbe Mile Marker: 74 County Map No. 189 Motion was made by Commissioner Commissioner Stormont to accept Planning Department for denial. with the following results: Freeman and seconded by the recommendation of the Roll call vote was taken Commissioner Freeman Commissioner Puto Commissioner Stormont Mayor Lytton Motion carried. Agenda Item File No. Applicant: Request: Property Location: Yes Yes Yes No 54 54-M-75 Loran Van Vleet and Nicole Lesko Change from SC to IS Lot 3, Block 2, Matecumbe Sandy Beach Key: Lower Matecumbe Mile Marker: 75 County Map No. l88 Nicole Lesko addressed the Board. Theodore McGraw, an adja- cent property owner, supported the request. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to accept the recommendation of the Planning Department for denial. Roll call vote was unanimous. - Agenda Item File No. Applicant: Request: Property Location: 54S 54S-M-75.7 Planning Department (Dan and Doris Walls) Change from IS to SC Matecumbe Ocean Bay Section 1, amended and extended PB 2-96, Lot 12, Block 1 and southwesterly 100 feet of Tract A Key: Ma tecumbe Mile Marker: 75.7 County Map No. l87 Donald Craig supported the request. Michael Bier of the Lower Matecumbe Key Association, Inc. opposed the request. MM ns 2 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to deny the application because of its inconsistency with the statutes. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Puto Commissioner Stormont Mayor Lytton Yes No Yes No Motion failed. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to modify the decision of the Planning Commission and to designate the parcel SR. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: and Agenda Item File No. Applicant: Request: Property Location: and Agenda Item File No. Applicant: Request: Property Location: 67 67-U-87 Dash Air Leasing, Inc. Change from SR/NA to SC The southwesterly 1/2 of Lot 3 of McDonalds Amended Plat of Government Lots 3-6 Key: Plantation Mile Marker: 87 County Map No. 166 70 70-U-87 Lone Palm Investments, Inc. Change from SR to SC Part of Government Lot 3 Key: Plantation Mile Marker: 87.3 Oceanside County Map No. 166 71 7l-U-89 V & F Properties, Inc. Change from SR to SC Part of Government Lot 6 Key: Plantation Mile Marker: 89.4 County Map No. 161 Fred Tittle, attorney for the applicants, addressed the Board and entered into the record a withdrawal of the foregoing three applications. Agenda Item File No. Applicant: Request: Property Location: 62 62-U-82 Diane Sena and Laird Young Change from SR to OR Part of Lot ll, Block lO, Stratton's Subdivision Key: Upper Ma tecumbe Mile Marker: 82 County Map No. l77 Fred Tittle, attorney for the applicants, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue this request to August 5th. MM 053 Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 55A 55A-U-83 Lee M. and Virginia R. Hollowell Change from SR to OR Part of Government Lot 2, Sec. 28, TWP 63S Key: Upper Matecumbe Mile Marker: 83.5 County Map No. l75 Richard Russell, representing the applicant, addressed the Board. Donald Craig recommended the designation of IS per Section 9.2l(3). Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the designation of IS per the recommendation of Mr. Craig and to modify the Planning Commission's approval accordingly. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 57 57-M-80 Carl and Marlene Lindback Change from SR to DR Part of Government Lots land 3, Part of Tracts 5 and 7 Key: Upper Matecumbe Mile Marker: 80.5 County Map No. l8l Mark Ruska, attorney representing the Lindbacks, addressed the Board. Maria Abadal, a representative of DCA, addressed the Board and opposed the requested change. Marlene Lindback, applicant, addressed the Board. Motion was made by Mayor Lytton and seconded by Commissioner Puto to modify the recommendation of the Planning Commission and to designate the parcel as SL, including a boundary deter- mination which would include the adjacent lot owned by the brother-in-law of the applicant. During discussion, motion was withdrawn. Donald Craig recommended that Agenda Items 57, 58 and 59 be considered as a single unit and designated DR. Motion was made by Mayor Lytton and seconded by Commissioner Puto to accept the recommendation of the Planning Commission to approve the DR designation pursuant to 9.5-5ll(d)(4) and (5)b ii, v with the provision that it be considered as a unity of title with Agenda Items 58 and 59. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: ~ 58 58-U-80 Carl and Marlene Lindback Change from SC to DR Government Lots l-3, William H. parkers Homestead, Sea Aire Motel Key: Upper Matecumbe Mile Marker: 80 County Map No. 181 Motion was made by Mayor Lytton and seconded by Commissioner Puto to accept the recommendation of the Planning Commission to approve the DR designation pursuant to 9.5-5ll(d)(4) and (5)b ii, v with the provision that it be considered as a unity of title with Agenda Items 57 and 59. Roll call vote was unanimous. MM 054 Agenda Item File No. Applicant: Request: Property Location: 59 59-U-80 Carl and Marlene Lindback Change from SC to DR Government Lots 1-3, William H. parkers Homestead Key: Upper Matecumbe Mile Marker: 80 County Map No. l8l Motion was made by Mayor Lytton and seconded by Commissioner Puto to accept the recommendation of the Planning Commission to approve the DR designation pursuant to 9.5-5ll(d)(4) and (5)b ii, v with the provision that it be considered as a unity of title with Agenda Items 57 and 58. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 59A 59A-U-83 Charles and Julia Moeller Change from SR to OR Part of Tract 37, Russell Estates Key: Lower Matecumbe Mile Marker: 83 County Map No. 176 Fred Tittle, attorney, addressed the Board. Julia Moeller also addressed the Board. Motion was made by Mayor Lytton and seconded by Commissioner Puto to adopt a Resolution signifying that pursuant to the action concerning vested rights, the parcel would be conforming and attaching the County Attorney's Opinion to that effect. During discussion, motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to deny the request per Staff recommendation that the vested rights would include the desired density requirements and conformity with the Land Use Plan. Roll call vote was una- nimous. Agenda Item File No. Applicant: Request: Property Location: 6l 6l-U-82 Paul and Johanna Safer Change from SR to OR Part of Lot 12, Square lO, Stratton's Subdivision Key: Upper Matecumbe Mile Marker: 82 County Map No. 177 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to continue this item to Monday, August 8th. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 63 63-U-82 Travis Investments, Inc. Change from IS to SC Lots 8 and 19, Block 5, Stratton's Subdivision Key: Upper Matecumbe Mile Marker: 82 County Map No. l77 Motion was made by Commissioner Stormont and seconded by MM 055 Commissioner Freeman to accept the recommendation of the Planning Commission and approve designation of SC pursuant to 9.5-5ll(d)(4) and (5)b i, ii, iii, iv, v, and vi based on valid criteria and consistency with the statutes. Roll call vote was unanimous. Agenda Item File No. Applicant: Reques t : Property Location: 64 64-U-83 John and Karen Tuerk Change from SR to MU Lot 3, Block 12, Stratton's Subdivision Key: Upper Ma tecumbe Mile Marker: 83 County Map No. 176 Fred Tittle, attorney representing the applicants, and John Tuerk addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission and approve designation of MU pursuant to 9.5-5ll(d)(4) and (5)b iv, v. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Puto Commissioner Stormont Mayor Lytton Motion carried. Yes Yes No Yes Commissioner Stormont indicated for the record that there might be a problem concerning notification of adjoining vs. adjacent property owners and the 200' requirement as it has been interpreted and followed by some of the applicants and the County Staff. Agenda Item File No. Applicant: Request: Property Location: 65 65-U-83 James C. Wilborn Change from IS to SR Tract 27, 1.83 acres, Russell Estates Key: Upper Matecumbe Mile Marker: 83 County Map No. 175 Motion was made by Commissioner Freeman and seconded by Commissioner Puto to accept the recommendation of the Planning Department to approve the SR designation inasmuch as granting this change would not constitute spot zoning because the applied for parcel is immediately adjacent to an SR zone. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 66 66-U-89 James Beaver Change from IS to IS-D Lot 8, Block 1 of Indian Waterways Subdivision Key: Plantation Mile Marker: 89 County Map No. l6l MM 056 Donald Craig recommended denial. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Department for denial because approval of this application would constitute spot zoning. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 68 68-U-90 John and Patricia Hawk Change from CFA to MU Lot 12, Block l, Boatman's Colony Key: Plantation Mile Marker: 90 County Map No. 156 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the Planning Commission for approval. During discussion, motion was withdrawn. Mr. Hawk addressed the Board. Donald Craig recommended denial of the request in accordance with the new definition of CFA which has been approved and which would allow the existing use. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman to approve Mr. Craig's recommendation to deny the request in accordance with the new definition of CFA which has been approved and which will allow the existing use. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 69 69-U-89 Yogendra C. Patel Change from SC/IS to SC Lots 1, 2 and 24, Block ll, Key Heights, Section 2 Key: Plantation Mile Marker: 89 County Map No. 162 Yogendra Patel addressed the Board. Maria Abadal of DCA also addressed the Board. After lengthy discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to designate SC. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: 72 72-U-86 Neil W. Wink and Donald W. Slavinski Change from SC to IS-D Lot 5, Treasure Harbor Subdivision Key: Plantation Mile Marker: 86.5 County Map No. l66 Neil Wink addressed the Board. Motion was made by Commissioner Stormont to accept Staff's recommendation and to consider boundary determination. During discussion, motion was withdrawn. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to accept the Staff recommendation to approve designation of IS-D and to include a redesignation of Lots lO, ll, l2 and l3 in Treasure Harbor Section 2 to the same designation. Roll call vote was unanimous. MM 057 Agenda Item File No. Applicant: Request: Property Location: 73 73-U-89 Josephine Wood Change from IS to SRL Lot 6, Randall Adams Subdivision Key: Plantation Mile Marker: 88.8 County Map No. 162 Josephine Wood addressed the Board. She was advised that her item was covered by the 4/5 Rule and that if she chose, she could have the application rescheduled to Monday for a full Board. Miss Wood proceeded with her application. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue the consideration of this application until Monday, August 8th. Roll call vote was unanimous. Agenda Item File No. Applicant: Request: Property Location: and Agenda Item File No. Applicant: Request: Property Location: 56 56-U-82 JBP Investment Change from SR to UC Tract in Stratton's Subdivision, including submerged Key: Upper Matecumbe Mile Marker: 82 County Map No. 178 60 60-U-80 Yves pashkes and Omelys Abreu Change from SR to OR Part of Lot 6, Coury's Subdivision Key: Upper Matecumbe Mile Marker: 80 County Map No. 181 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue Agenda Items 56 and 60 to Monday, August 8th. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * - * * * *