02/19/1986 Regular
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Regular Meeting
Board of County Commissioners
Wednesday, February 19, 1986
Key Colony Beach
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals. Present and answering to roll call were
Commissioner William Freeman, Commissioner John Stormont,
and Mayor Pro Tem Fahrer. Absent from the meeting were
Commissioner Ed Swift and Mayor Wilhelmina Harvey. Also
present were Danny L. Kolhage, Clerk; Susan Vernon,
Assistant County Attorney; Dorr Foxx; members of the Press
and Radio; and the general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
Fred Tittle, attorney, requested that the appeals
filed by 503851 Ontario Limited and First National Bank of
South Miami, Trustee be held over for a full Board. Jim
Hendrick, representing one of the parties involved in these
appeals, objected to that request and requested that the
County go forward with the appeal hearings. Motion was made
by Commissioner Stormont and seconded by Commissioner
Freeman to hear the cases agendaed for the appeal hearings
this date as there was no legal requirement to delay their
consideration. Roll call vote was unanimous.
James Keller, attorney representing Robert Appleton
and Karen Pardue, addressed the Board concerning the appeal
filed by Karen Pardue pursuant to the Monroe County Board of
Adjustment's action on Septemer 20, 1985 wherein the Board
overturned the decision of the Building Department in
issuing Permit #B9507 and cancelled said Permit pursuant to
the Administrative Appeal of Jackie C. King on property
located on Lots 3-6 and 11-14, Block D, Crains Subdivision,
Grassy Key; Section 24, Township 65, Range 13. Al Bragg,
representing Mrs. King, addressed the Board in opposition.
Mr. Keller then offered his rebuttal. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
deny the appeal and adopt the following Resolution upholding
the decision of the Board of Adjustment of Monroe County,
Florida, without prejudice, and denying the request of Karen
Pardue to reverse the decision of the Board of Adjustment of
Monroe County, Florida which overturned the decision of the
Building Department in issuing Permit #B9507 and cancelled
said Permit pursuant to the Administrative Appeal of Jackie
C. King. Roll call vote was unanimous.
RESOLUTION NO. 046-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
Fred Tittle, attorney for 503851 Ontario Limited,
addressed the Board concerning their appeal filed pursuant
to the action taken by the Monroe County Zoning Board on
November 6, 1985 in denying a Finding of Fact Approval to
build within the Shoreline Protection Zone on property
loacted on PARCEL I: A parcel of submerged land in Section
29, Township 64S, Range 36E, Monroe County, Florida and more
particularly described by metes and bounds; PARCEL II: A
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parcel of submerged land in Section 29 & 30, Township 64S,
Range 36E, Monroe County, Florida, more particularly
described by metes and bounds; PARCEL III: A spoil island
in Florida Bay in the Northwesterly ~4 of Section 29,
Township 64S, Range 36E, Monroe County, Florida, more par-
ticularly described by metes and bounds; Located at Mile
Marker 73.5, U.S. #1, Lower Matecumbe, Zoned GU. There was
no one present to speak for the appellee. Mr. Tittle
entered into the record an objection to hearing this case
without a full Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to deny the
appeal and adopt the following Resolution upholding the
decision of the Zoning Board of Monroe County, Florida,
without prejudice, and denying the request of 503851 Ontario
Limited to reverse the decision of the Zoning Board of
Monroe County, Florida denying a Finding of Fact Approval to
build within the Shoreline Protection Zone. Mr. Tittle
offered for the record an objection to the Zoning Board's
consideration of the adequacy of solid and liquid waste
facilities which was not within their purview. Roll call
vote on the motion was unanimous.
RESOLUTION NO. 047-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
Fred Tittle, attorney representing the First
National Bank of South Miami, Trustee, addressed the Board
concerning their appeal filed pursuant to the action taken
by the Monroe County Zoning Board on October 31, 1985 in
denying a change of zoning from BU-l to BU-2R on property
located on a portion of the part of Lot 42 lying Northerly
of former Florida East Coast Railway as shown on the Model
Land Company Plat (surveyed by P. E. Jenkins) and recorded
in Plat Book 1, Page 68, said parcel also being shown on
plat of Buttonwood Shores, Plat Book 3, Page 3, of said
Public Records as "This Tract Is Not A Part Of This Plat";
said property located in Section 28, Township 61 South,
Range 39 East; Key Largo; located on U.S. Highway #1 and
East Shore Drive. Jim Hendrick, attorney representing
objecting property owners, addressed the Board. Mr. Tittle
offered his rebuttal. Motion was made by Commissioner
Stormont and seconded by Commissioner Fahrer to deny the
appeal and adopt the following Resolution upholding the
decision of the Zoning Board of Monroe County, Florida,
without prejudice, and denying the request of First National
Bank of South Miami, Trustee, to reverse the decision of the
Zoning Board of Monroe County, Florida, denying its request
for a change of zoning from BU-l to BU-2R on property
located in Key Largo, Monroe County, Florida. Roll call
vote was unanimous.
RESOLUTION NO. 048-1986
See Res. Book No. 48 which is-rncorporated herein by
reference.
There being no further business, the meeting was
adjourned.
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fF.O~O
Workshop Meeting
Board of County Commissioners
Wednesday, February 19, 1986
Key Colony Beach
A Workshop was held on the above date at Key Colony
Beach City Hall. Present were Commissioner William Freeman,
Commissioner John Stormont, and Mayor Pro Tern Alison Fahrer.
The following members of the Board of Adjustment were pre-
sent: Ed Handte, Monica Haskell, Chairman Larry Thompson,
Joyce Capron, and Eleanor Fiske. Also present were Danny L.
Kolhage, Clerk; Susan Vernon, Assistant County Attorney;
Dorr Foxx; members of the Press and Radio; and the general
public.
The Board discussed the responsibilities of both
Boards.
The members present agreed to a recommendation that
the members of the Board of Adjustment be provided with a
full Code Book upon the condition that it be returned or
purchased by the members upon their termination from the
Board.
Chairman Thompson of the Board of Adjustment and
the Board of County Commissioners discussed the appellate
procedure; the role of the County Attorney; a statement of
procedural requirements at each hearing; and also Board of
Adjustment's Rules of Procedure.
Following this discussion, Mayor Pro Tern Fahrer
announced that the meeting with the Governor called for
February 22nd in Key West had been cancelled.
The Boards then discussed compensation for the
Board of Adjustment.
Grace Mannillo addressed both Boards and thanked
members of the Board of Adjustment for their service.
Both Boards then entered into a discussion con-
cerning the attorney representing the Board of Adjustment
taking an active role in the presentation of the Board's
position at appeal hearings.
The Boards also discussed the inclusion of Finding
of Facts in the actions and decisions of both Boards.
The Boards briefly discussed the need for Rules of
Procedure for the Board of County Commissioners' appellate
process.
There being no further action, the meeting was
adjourned.
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