08/27/1987 Special
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Public Hearing/Special Meeting
Board of County Commissioners
Thursday, August 27, 1987
Key Colony Beach
A Special Meeting/Public Hearing of the Board of
County Commissioners convened at 9:10 a.m. on the above date
at City Hall in Key Colony Beach. Present and answering to
roll call were Commissioner William Freeman, Commissioner
Michael Puto, Commissioner John Stormont, and Mayor Pro Tern
Eugene Lytton. Absent from the meeting was Mayor Jerry
Hernandez, Jr. Also present were Rosalie L. Connolly,
Deputy Clerk; Michael Halpern, Special Counsel; Dorr Fox,
Land Use Planning Coordinator; Paula "Jennie" Luxton,
Planning Technican; George Garrett, Environmental Resources
Coordinator; Bill Hunt, County Biologist; members of the
Press and Radio; and the general public.
Amendment 144
and
Amendment 144A
Finley Ricard; IS to SC; Part of Lot S,
Parcels S, 6, 7 and 8, Ramrod Key.
Paul Anderson and Paula Anderson Leikis;
IS to SC; Part of Government Lot 5, S29,
T66, R29, Ramrod Key.
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to accept the recommendation of the
Planning Commission to approve pursuant to Section 13-101 5
(b)3. Motion carried unanimously.
Amendment 153 Joie Salus; NA to IS; Part of Lot 2, S2l,
T66, R29, Little Torch Key.
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to accept the recommendation of the
Planning Commission to approve pursuant to Section 13-101
DS (b)iii. Motion carried unanimously.
Amendment 162 Bernie Papy; NA to IS; Lot 4, Long Beach
Estates, Section A, Big pine Key.
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to accept the recommendation of the
Planning Commission to approve pursuant to Section 13-101
(d)S (b)3. Motion carried unanimously.
Amendment 164 Rosemary Plank; NA to IS; Lot 34 and 12,
Long Beach Estates, Section A, Big Pine Key.
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to accept the recommendation of the
Planning Commission to approve pursuant to Section 13-101
(d)S (b)3. Motion carried unanimously.
Amendment 143 Amistad Anstalt; CFV and SS to DR; Parts of
Government Lots l-S, S31, T66, R29, Govern-
ment Lot 1, S6, T67, R29, Ramrod Key.
Fred Tittle, attorney, addressed the Board and requested
postponement until a full Board could be present. Motion
was made by Commissioner Puto and seconded by Commissioner
Freeman to continue to September 2Sth in Key West. Motion
carried unanimously.
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Amendment 145 Richard Graham; NA to SS; Part of Government
Lot 2, S2, T66, R28, 20 acres on Big Torch
Key.
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Motion was made by Commissioner Stormont and seconded by
Mayor Pro Tem Lytton to accept recommendation of Staff to
deny because applicant failed to satisfy the burden required
by Chapter 13. Eugene Dwyer addressed the Board. Roll call
vote was taken with the following results:
Commissioner Freeman
Commissioner Puto
Commissioner Stormont
Mayor Pro Tem Lytton
No
No
Yes
No
Motion failed. Motion was then made by Commissioner Puto
and seconded by Commissioner Freeman to accept the recommen-
dation of the Planning Commission to approve pursuant to
Section 13-101 D5 (b)iv. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Puto
Commissioner Stormont
Mayor Pro Tem Lytton
Yes
Yes
No
Yes
Motion carried.
Amendment 146 Eugene and Dorothy Dwyer; NA to SRi Part of
Government Lot 2, S2, T66, R28, Big Torch
Key.
Eugene Dwyer addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Puto to
accept the recommendation of the Planning Commission to
approve pursuant to Section 13-101 D5 (b)iv. Roll call vote
was taken with the following results:
Commissioner Freeman
Commissioner Puto
Commissioner Stormont
Mayor Pro Tern Lytton
Yes
Yes
No
Yes
Motion carried.
Amendment 147 George MacLean; NA to SRi Lots 10, 11, 12,
13, 14, 15; Block 4, Rainbow Beach.
George MacLean addressed the Board. Motion was made by
Commissioner Stormont and seconded by Mayor Pro Tem Lytton
to accept recommendation of Staff to deny because applicant
has failed to satisfy the burden required by Chapter 13.
Roll call vote was unanimous.
Amendment 148 R. and O. Kajfasz and Bruce Barkle; NA to SC;
Part of Government Lot 9, S28, T66, R29,
Little Torch Key.
Bill Spottswood, attorney, addressed the Board. George
Bender, representing the Jolly Roger Citizens Association,
spoke in opposition. Bob Kafjasz and Betty Brothers
addressed the Board. Motion was made by Commissioner Puto
and seconded by Commissioner Freeman to continue to
September 25th in Key West and to readvertise the con-
tinuation with an exact legal description. Motion carried
unanimously.
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Amendment #49 Betty Rein; NA to SR1 S28, T66, R29, SW
Quarter of Little Torch Key.
Bill Spottswood, attorney, addressed the Board and requested
withdrawal. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to accept the withdrawal of
Amendment #49. Motion carried unanimously.
Amendment #50 Alvin Fried1 NA to NA-Disturbed1 Part of Lots
2 and 4, S33, T66, R29, Little Torch Key.
Mayor Pro Tem Lytton read a letter from Mr. Fried requesting
postponement. Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to continue Amendment 150
to September 25th in Key West at the request of the appli-
cant. Motion carried unanimously. Staff was directed to
investigate the ability of the existing conditions map
modification and also to verify what land is being dealt
with in this requested Amendment.
Amendment #52 Donna Merritt and Dave Snyder; SR to IS;
Torch Key Estates - A subdivision of a
portion of Government Lot 7; S20, T66S,
R29E, Little Torch Key.
Bill spottswood addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Stormont
to continue Amendment #52 to September 25th in Key West with
instructions to Staff to determine appropriateness and to do
correct advertising. Motion carried unanimously with
Commissioner Puto absent from the meeting.
Amendment #51 Thomas Vocke 1 SR to IS; Lots 15 and 16,
Block 6, Torch Key Estates.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to continue Amendment #51 to
September 25th in Key West. Motion carried unanimously with
Commissioner Puto not present.
Amendment #54 Harry Seiler; NA to IS; A parcel of land in
a part of Government Lot 2, S2l, T66S, R29E,
Little Torch Key.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to continue Amendment #54 to
September 25th in Key West. Motion carried unanimously with
Commissioner Puto absent from the meeting.
Amendment #55 Sunset Co. of Wilton; NA to IS1 Part of
SW Quarter of SW Quarter East of State
Road 4A, Little Torch Key.
Staff was directed to research appropriateness. Motion was
made by Commissioner Stormont and seconded by Commissioner
Freeman to continue Amendment #55 to September 25th in Key
West. Motion carried unanimously with Commissioner Puto not
present.
Amendment 156 Bertha Ruggless; NA to IS; Lot 48, Mates
Beach No.2, Little Torch Key.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to accept the recommendation of the
Planning Commission to approve pursuant to Section 13-101
(d)5 (b)3. Motion carried unanimously with Commissioner
Puto absent from the meeting.
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Amendment 157 Mates Beach and Barry Beach Property Owners;
SC to MU; Barry Beach and Mates Beach as
recorded in PB-2, P-127, Little Torch Key.
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Stan Becker addressed the Board. George Bender addressed
the Board. After lengthy discussion, motion was made by
Commissioner Stormont to accept the recommendation of the
Planning Commission to change all lots to IS except" those
with existing commercial uses pursuant to Section 13-101
(b) 4, 5. Motion died for lack of a second. Stan Becker
requested a continuation. Motion was made by Commissioner
Freeman and seconded by Commissioner Lytton to continue
Amendment 157 to September 25th in Key West. Motion carried
unanimously with Commissioner Puto not present.
Amendment #58 William and Dianne Mattila; SC to IS; Lot 19,
Barry Beach, Little Torch Key.
William Mattila addressed the Board. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to accept the recommendation of the Planning Commission
to approve pursuant to Section 13-101 D 5 (b)iii. Roll call
vote was unanimous with Commissioner Puto not present.
Amendment #59 Charles Lovering; SC to UC; Part of Govern-
ment Lots 6, 11; S28, T66, R29, Little Torch
Key.
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Bill Spottswood addressed the Board. Motion was made by
Commissioner Stormont to accept recommendation of Staff to
deny. Motion died for lack of a second. Motion was made by
Commissioner Freeman and seconded by Mayor Pro Tern Lytton to
accept the recommendation of the Planning Commission to
approve pursuant to Section 13-101 D5 (b)iv and v. Roll
call vote was taken with the following results:
Commissioner Freeman
Commissioner Stormont
Mayor Pro Tern Lytton
Yes
No
Yes
Motion carried with Commissioner Puto not present.
Amendment 161 Century 21 Paints and Budd and Patricia
Brothers; NA to SR; Long Beach Estates,
Section D Motel Site, Big Pine Key.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to continue Amendment #61 to
September 25th in Key West. Motion carried unanimously with
Commissioner Puto absent from the meeting.
Amendment 163 Budd and patricia Brothers; NA to SR-L; Lots
1-30, Long Beach Estates, Sl, T67, R29, Big
Pine Key.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to continue Amendment #63 to
September 25th in Key West. Motion carried unanimously with
Commissioner Puto absent from the meeting.
Amendment #60 Florentino and Eva Gonzalez; OS to IS; Part
of Lot 2, Newfound Harbor Keys, SlO, T66,
R29, LT-IW Cooks Island.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to accept recommendation of Staff to
deny because applicant has failed to satisfy the burden
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required by Chapter 13. Roll call vote was unanimous with
Commissioner Puto not present.
RECONSIDERED
Amendment #59
Upon advice of Special Counsel, motion was made by Mayor Pro
Tem Lytton and seconded by Commissioner Freeman to recon-
sider Amendment #59. Motion carried unanimously with
Commissioner Puto not present. Motion was then made by
Mayor Pro Tem Lytton and seconded by Commissioner Freeman to
continue Amendment #59 to September 25th in Key West due to
lack of sufficiency of vote. Motion carried unanimously
with Commissioner Puto not present.
Amendment 165 John Cahill Family; NA to SR-L*; Cahill Pines
and Palms Tract C, Big Pine Key.
David Paul Horan, attorney, addressed the Board and
requested a continuation. Motion was made by Commissioner
Freeman and seconded by Commissioner Stormont to continue
Amendment #65 to September 25th in Key West. Frank
Greenman, attorney, addressed the Board in opposition and
advised the Board that the original application was NA to
IS, arid so advertised. A discussion on procedural propriety
took place. Special Counsel Halpern addressed the Board.
The Chair ruled that Amendment #65 started out NA to IS and
will receive due consideration in that context. Roll call
vote was unanimous with Commissioner Puto not present.
Amendment 178 John Cahill Family; SR to SC; Part of
Government Lot 3, S25, T66, R29, Big pine
Key.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to continue Amendment 178 to
September 25th in Key West. Roll call vote was unanimous
with Commissioner Puto not present.
Amendment #66 Schirico Corp.; NA to SC; Part of NE Quarter
of SW Quarter, S26, T66, R29, Big pine Key.
Buck DeVane, attorney representing Schirico Corp., addressed
the Board and requested a continuance. Motion was made by
Commissioner Freeman and seconded by Commissioner Stormont
to continue Amendment #66 to September 25th in Key West.
Motion carried unanimously with Commissioner Puto absent
from the meeting.
Amendment #67 BHF Corp.; SR to SC; Tract of land in SE
Quarter of NW Quarter, S26, T66, R29, Big
Pine Key.
Buck DeVane, attorney representing BHF Corp., addressed the
Board and requested a continuance. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to continue Amendment 167 to September 25th in Key West.
Motion carried unanimously with Commissioner Puto absent
from the meeting.
Amendment #76 Duane Donaldson; IS to URM; Lot 14, Block 44,
Sands Subdivision, Big Pine Key.
Motion was made by Mayor Pro Tern Lytton and seconded by
Commissioner Stormont to accept recommendation of Staff to
deny. During discussion, motion was withdrawn. Motion was
then made by Commissioner Stormont and seconded by
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Commissioner Freeman to continue Amendment #76 to September
25th in Key West so that the Board may consider the expan-
sion of this request to include other appropriate lots.
Motion carried unanimously with Commissioner Puto absent
from the meeting.
Amendment #77 K. E. Derosay; SR to SC; Lots 2-6, Southern
Pine Subdivision, Big Pine Key.
-
K. E. Derosay addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Lytton to
continue Amendment #77 to September 25th in Key West.
Motion carried unanimously with Commissioner Puto not pre-
sent.
Amendment #80 Albert Fletcher; SR to DR; Commencing center
S25, T66, R29, Tallahassee meridian, Big pine
Key.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to accept the recommendation of the
Planning Commission to approve pursuant to Chapter 13-101
(d)5 (b)5. Roll call vote was unanimous with Commissioner
Puto not present.
Amendment #81 Ronald and Patricia Schmidt; SR to SC;
Tract A, Pine Key Acres, Big Pine Key.
Garland Smith addressed the Board on behalf of the appli-
cants. Motion was made by Commissioner Freeman and seconded
by Commissioner Stormont to accept the recommendation of the
Planning Commission to approve pursuant to Chapter 13-101
(5)5 (b)3. Roll call vote was unanimous with Commissioner
-- Puto absent from the meeting.
Amendment 182 Harry Rearic; IS to URM; All of Melissa Acres
below Sam & Joe's Subdivision, S26, T66, R29,
Big Pine Key.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to accept the recommendation of the
Planning Commission to approve pursuant to Chapter 13-101
(d)5 3. Roll call vote was unanimous with Commissioner Puto
not present.
Amendment 183 Dean Schladorn; IS to MU; Lots 21 and 22,
Square 22, Big Pine Cove Subdivision, Big
Pine Key.
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Stormont to accept Staff recommendation to deny
because applicant has failed to satisfy the burden required
by Chapter 13. Roll call vote was unanimous with
Commissioner Puto absent from the meeting.
Amendment 186 Royal Newman; IS to SC; Tropical Bay 1st
Addition Tract A, Big Pine Key.
Motion was made by Mayor Pro Tern Lytton and seconded by
Commissioner Freeman to accept Staff recommendation to deny
because applicant has failed to satisfy the burden required
by Chapter 13. Motion carried unanimously with Commissioner
Puto not present.
There being no further business, the meeting was
adjourned.
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