03/19/1986 RegularFF (156
Regular Meeting
Board of County Commissioners
Wednesday, March 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 John Stormont, Commissioner Ed Swift and Mayor
Pro Tem Fahrer. Mayor Pro Tem Fahrer announced that Mayor
Harvey was ill and that Commissioner Freeman was on vaca-
tion. Also present were Danny L. Kolhage, Clerk; members of
the Press and Radio; and the general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
Prior to the arrival of the Legal Staff and
Planning Department Staff, the Board discussed the status of
some of the appeals in relation to the 4/5 Rule.
The Board members indicated that they were not in
possession of a transcript concerning the appeal filed by
Robert A. Koppen & J. Herbert Watkins pursuant to the Monroe
County Zoning Board's action on November 22, 1985 in denying
a zoning change on a parcel of land in the SE1/4 of the
Northeast 1/4 of Section 27, Township 66 South, Range 29 East,
Big Pine Key, Monroe County, Florida; Land Surveyor No. 620,
dated March 17, 1953, particularly described by metes and
bounds. Motion was made by Commissioner Stormont and
seconded by Commissioner Swift to continue the appeal filed
by Robert A. Koppen & J. Herbert Watkins to the next sche-
duled meeting of the Board of Appeals due to the Board mem-
bers not receiving the required transcript. Motion carried
unanimously.
The Board indicated that they were not in
possession of a transcript concerning the appeal filed by
Peter J. & Vivian Groo pursuant to the Monroe County Zoning
Board's action on November 22, 1986 in denying a change in
zoning on a parcel of land in the Southeast Quarter of the
Northeast Quarter of Section 27, Township 66 South, Range 29
East, Big Pine Key, Monroe County Florida, known as Tract 24
of an unrecorded Plat of Survey by C. G. Bailey, Reg.
Florida Land Surveyor No. 620, dated March 17, 1953, par-
ticularly described by metes and bounds. Motion was made by
Commissioner Stormont and seconded by Commissioner Swift to
continue the appeal filed by Peter J. & Vivian Groo to the
next scheduled Board of Appeals meeting due to the Board
members not receiving the required transcript. Motion
caried unanimously.
The Board discussed the appeal filed by Edward W.
Werling pursuant to the Monroe County Zoning Board's action
on April 29, 1985 in denying a change of zoning from BU-1 to
BU-2R on property located on Lot 9, Block 6, CUTTHROAT
HARBOR ESTATES, according to the Plat thereof as recorded in
Plat Book 4, Page 165, of the Public Records of Monroe
County, Florida; Section 28, Township 66 South, Range 28
East; located on US #1 and Pieces of Eight Road (north),
Cudjoe Key. Motion was made by Commissioner Swift and
seconded by Commissioner Stormont to postpone the appeal
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filed by Edward W. Werling to April 16, 1986, due to the
application of the 4/5 Rulel. During discussion, the motion
was withdrawn. After further discussion with Mr. Werling,
motion was made by Commissioner Stormont and seconded by
Commissioner Swift to dismi-'ss the appeal without prejudice.
Motion carried unanimously.'
With regard to the request of J. F. Popplewell
to reverse the Board's decision of January 15,_1986 in
granting the appeal of Alpha R. & Muriel J. Dowd which inva-
lidated Permit #C171885 thehBoard discussed the status of
the appeal as it relates to, a full Board of County
Commissioners. Motion was made by Commissioner Swift to
postpone this appeal for th,e presence of a full Board.
During discussion, the motion was withdrawn. Andrew Tobin,
attorney representing the objectors to the appeal, discussed
the status of the hearing and advised the Board of lack of
proper notice of the Board's previous action approving a
motion to re -hear the case., During discussion, Assistant
County Attorney Rob Wolfe a- vised the Board that it was his
opinion that the Board should proceed with a full hearing on
the motion to reconsider th'e Board's previous action con-
cerning this appeal. Motion was made by Commissioner Swift
and seconded by Commissioner Stormont to postpone this
matter and to conduct a hearing on the motion to reconsider
the Board's previous action as well as an appeal hearing, if
necessary, at the April 16, 1986 meeting. Motion carried
unanimously.
The Board discussed the appeal filed by Lesley
Pehar and Paul Freilich pursuant to the Monroe County Board
of Adjustment's action of January 9, 1986 in denying a
variance to the lot area of; 2000 square feet and a variance
to the lot depth of 20 feet,l in order to meet the RU-2
District lot and building requirements to construct a d,uplex
on property located on Lot ''19, SOMBRERO ANGLERS CLUB NORTH,
a subdivision according to 'the Plat thereof, recorded in
Plat Book 6, Page 62, of the Public Records of Monroe
County, Florida; located on Anglers Drive North, Mile Marker
51, Marathon, Section 10, Township 66, Range 32; zoned RU-3.
Motion was made by Commissioner Swift and seconded by
Commissioner Stormont to postpone this matter to April 16,
1986 due to the application of the 4/5 Rule. Motion carried
unanimously.
The Board then proceeded to hear the appeal of
K-Mart Corporation filed pursuant to the Monroe County Board
of Adjustment's action of December 17, 1985 in denying the
following variances: (1) P:arking Ratio. The Monroe County
Code requires parking ratiolof 5.5 parking spaces for each
1,000 gross square feet of floor area, Code Section
19-137(c)(2). K-Mart requests that it be granted a variance
from this requirement to reduce the parking ratio for the
Trade Winds Shopping Center;(exclusive of the library) to
4.0 parking spaces for each;1,000 gross square feet of floor
area. (2) Parking Space Size. The Code requires each
parking space to be 9 feet wide by 20 feet long, Code
Section 19-5, page 1441, "Parking Spaces." K-Mart requests
that it be grantaed a variance from this requirement to per-
mit 25% of the parking spaces to be not less than 7.5 feet
wide by 15 feet long. (3) Handicap Parking. The Code does
not have a cap on the totalinumber of handicap parking spa-
ces. Read literally, it would require K-Mart to allocate 10%
of the parking for handicapluse (80 spaces if the parking
ratio were 4.0 per 1,000 gross square feet of floor area and
105 spaces if the parking ratio is not varied). The Monroe
County Building Code requires 16 handicap spaces for the
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entire Center. K-Mart requests that it be granted a
variance to reduce the required total number of handicap
parking spaces to 16, to be allocated as follows: 11 han-
dicap spaces for the retail area of the Shopping Center, 2
handicap spaces for the library and 1 handicap space each
for each outlot. Property located on a parcel of land in
Section 22, Township 61S, Range 39E on Key Largo, Monroe
County, Florida, being a portion of "Industrial Acres,"
according to the plat thereof as recorded in Plat Book 5,
Page 15 of the Public Records of Monroe County, Florida and
being more particularly described as follows: Lots 4
through 24 inclusive of Block 1; Lots 4 through 29 inclusive
of Block 2; Lots 4 through 35 inclusive of Block 3; together
with those portions of Naranja Road, Johnson Road and the
20-foot wide alleys adjoining the above -described lots as
shown on said plat of "Industrial Acres;" located on the
Northbound (Oceanside) lane of US #1, Mile Marker approxima-
tely 101.5, Key Largo; zoned RU-5 and BU-2. Eric Stone,
General Counsel for K-Mart, addressed the Board concerning
this appeal. Jim Kotay, representing K-Mart, also addressed
the Board. After considerable discussion by Board members,
motion was made by Commissioner Fahrer and seconded by
Commissioner Swift to grant the appeal and overturn the
decision of the Board of Adjustment and adopt the following
Resolution reversing the decision of the Board of Adjustment
of Monroe County, Florida, without prejudice, and approving
the request of K-Mart Corporation to reverse the decision of
the Board of Adjustment of Monroe County, Florida which
denied three variances concerning parking ratio, parking
space size and handicap parking.
RESOLUTION NO. 081-1986
See Res. Book No. 9 which is 1ncorpnra� herein by
reference.
Roll call vote was taken with the following results:
Commissioner Stormont No
Commissioner Swift Yes
Mayor Pro Tem Fahrer Yes
Motion carried.
There being no further business, the meeting was
adjourned.
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