04/16/1986 Rgular
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Regular Meeting
Board of County Commissioners
Wednesday, April 16, 1986
Key Colony Beach
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals. The meeting convened at 9:05 a.m. at Key Colony
Beach. Present and answering to roll call were Commissioner
William Freeman, Commissioner John Stormont, and Mayor Pro
Tem Fahrer. Also present were Danny L. Kolhage, Clerk;
Kermit Lewin, County Administrator; Susan Vernon, Assistant
County Attorney; Dorr Foxx of Building, Planning and Zoning;
County staff; members of the Press and Radio; and the
general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
After calling the appeals filed by Robert A. Koppen
& J. Herbert Watkins and Peter J. & Vivian Groo, Mayor Pro
Tem Fahrer announced that no one was present representing
the parties and the matters were postponed until later in
the day.
During discussion, Commissioner Ed Swift and Mayor
Wilhelmina Harvey entered the room and assumed their chairs.
The Board discussed the request of J. F.
Popplewell asking the Board to reverse its decision of
January 15, 1986 in granting the appeal of Alpha R. and
Murial J. Dowd which invalidated Permit tC17l88. Mr. Bragg,
attorney representing J. F. Popplewell, addressed the Board
concerning his motion for a re-hearing of the Board's deci-
sion of January 15, 1986. Following discussion, motion was
made by Commissioner Swift and seconded by Commissioner
Freeman to grant the request for a re-hearing. Roll call
vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
No
Yes
Yes
Yes
Yes
Motion carried. Andy Tobin, attorney representing Alpha R.
and Murial J. Dowd, then addressed the Board and requested
to speak on the motion previously granted to re-hear the
case. Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to reconsider the Board's previous
action granting the request for a re-hearing. Roll call
vote was unanimous. Mr. Tobin discussed and opposed the
motion for reconsideration. Motion was made by Commissioner
Fahrer and seconded by Commissioner Stormont to deny the
motion for reconsideration. Roll call vote was taken with
the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
No
Yes
No
No
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Motion failed. Motion was then made by Commissioner Swift
and seconded by Commissioner Freeman to approve the request
for a re-hearing. Roll call vote was taken with the
following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
No
~s
No
~s
~s
Motion carried. The Board proceeded to re-hear the appeal.
Mr. Tobin addressed the Board concerning the appeal. Mr.
Bragg, representing J. F. Popplewell, addressed the Board
concerning his client. Mr. Tobin then rebutted the state-
ments of Attorney Bragg. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman to adopt the
following Resolution upholding the decision of the Board of
County Commissioners of Monroe County, Florida, sitting as
the Board of Appeals, without prejudice, and denying the
request of J. F. Popplewell to reverse the decision of the
Board of County Commissioners of Monroe County, Florida,
sitting as the Board of Appeals, which granted the appeal of
Alpha R. and Muriel J. Dowd and invalidated Permit tC17l88.
Resolution No. 121-1986
See Res. Book No. 50 which is incorporated herein by
reference.
During this discussion, motion was made by Mayor Harvey and
seconded by Commissioner Fahrer to allow Attorneys Bragg and
Tobin to respond to questions from the Board. Roll call
vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
~s
No
~s
No
~s
Motion carried. After further discussion, roll call vote on
the original motion was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
No
~s
No
~s
~s
Motion carried.
The hearing of the appeal filed by Lesley Pehar and
Paul Freilich was temporarily postponed.
Commissioner Swift discussed the procedure which
could be followed concerning the appeal filed by William C.
Filer. The Assistant County Attorney advised that the Board
could listen to and make judgment on the merits of the case.
The Board then considered 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 in order to meet the RU-2
District lot and building requirements to construct a duplex
on property located on Lot 19, SOMBRERO ANGLERS CLUB NORTH,
a subdivision according to the Plat thereof, recorded in
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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.
Mr. Jim Lewis of Land Matters, Inc., representing Lesley
pehar and Paul Freilich, addressed the Board concerning the
appeal. Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to adopt the following Resolution
reversing the decision of the Board of Adjustment of Monroe
County, Florida, wihtout prejudice, and approving the
request of Lesley pehar and Paul Freilich to reverse the
decision of the Board of Adjustment of Monroe County,
Florida, denying a variance to the lot area of 2,000 square
feet and denying a variance to the lot depth of 20 feet.
RESOLUTION NO. l22-l986
See Res. Book No. 50 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
Yes
No
Yes
Yes
Motion carried.
Mr. William C. Filer addressed the Board concerning
his appeal filed pursuant to the Monroe County Board of
Adjustment's action of January 9, 1986 at which time the
Board of Adjustment upheld the decision of Charles Pattison,
Director of Building, Planning and Zoning, in denying a fill
permit on October 28, 1985 on property located on Government
4, Big Torch Key; Section 12, Township 66S, Range 28E; Zoned
GU. Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to adopt the fOllowing Resolution
reversing the decision of the Board of Adjustment of Monroe
County, Florida, without prejudice, and approving the
request of William C. Filer to reverse the decision of the
Board of Adjustment of Monroe County, Florida, which upheld
the decision of Charles Pattison, Director of Building,
Planning and Zoning, in denying a fill permit on October 28,
1985 for property located on Big Torch Key.
RESOLUTION NO. 123-1986
See Res. Book No. 50 which is incorporated herein by
reference.
During discussion, George Schmall, now a biologist with the
Department of Community Affairs, and the biologist who made
the report on this particular issue while being employed by
Monroe County, discussed the matter and responded to
questions. Roll call vote on the original motion was taken
with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
No
Yes
No
Yes
Yes
Motion carried.
The Board then proceeded to hear the appeal filed
by James, Betty, Delbert and Cecelia Chaplin pursuant to the
Monroe County Board of Adjustment's action on December 17,
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1985 in denying a variance of 20 feet in order to build boat
racks within 5 feet of the west side property line on pro-
perty located on part of Lots 1 and 2, Bay Bottom south of
and adjacent to part of Government Lots 1 and 2, Key Vaca;
located Gn US il, Mile Marker 49.5; Section 10, Township 66,
Range 32; Zoned BU-2U. Prior to discussion, Commissioner
Swift indicated that he was a friend of Mr. Jim Chaplin but
that he had no relationship with Mr. Chaplin other than that
friendship and that there was no conflict of interest in him
hearing and making a decision on this case. Jim Chaplin
addressed the Board concerning the appeal. Motion was made
by Commissioner Swift and seconded by Commissioner Fahrer to
adopt the following Resolution reversing the decision of the
Board of Adjustment of Monroe County, Florida, without pre-
judice, and approving the request of James, Betty, Delbert
and Cecilia Chaplin to reverse the decision of the Board of
Adjustment of Monroe County, Florida, which denied their
request for a variance of 20 feet in order to build boat
racks within 5 feet of the west side property line on pro-
perty located on Key Vaca.
RESOLUTION NO. l24-l986
See Res. Book No. 50 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
~s
~s
No
~s
~s
Motion carried.
The Board then returned to Agenda Items 1 and 2
pertaining to the appeals of Robert A. Koppen & J. Herbert
Watkins and Peter J. & Vivian Groo. After three calls by
the Mayor, no one came forward to represent the Appellants.
Mr. L. B. Pokorski, President of the Big pine Citizens
Association, addressed the Board as the Appellee in both
cases. Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to adopt the following
Resolution upholding the decision of the zoning Board of
Monroe County, Florida, without prejudice, and denying the
request of Robert A. Koppen and Herbert Watkins to reverse
the decision of the Zoning Board of Monroe County, Florida,
denying a change of zoning on property on Big Pine Key.
Roll call vote was unanimous.
RESOLUTION NO. l25-l986
See Res. Book No. 50 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and seconded by
Commissioner Fahrer to adopt the following Resolution
upholding the decision of the Zoning Board of Monroe County,
Florida, without prejudice, and denying the request of Peter
J. and Vivian Groo to reverse the decision of the Zoning
Board of Monroe County, Florida, denying a change of zoning
on property located on Big Pine Key. Roll call vote was
unanimous.
RESOLUTION NO. l26-l986
See Res. Book No. 50 which is incorporated herein by
reference.
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Mayor Harvey then discussed a problem concerning
the movement of a trailer on a lot at Big Coppitt Key. This
matter was referred to staff.
Mayor Harvey then confirmed that a Special Meeting
would be held 2:00 p.m. on Thursday, April 17th, at Sombrero
Country Club for the Board of County Commissioners to meet
jointly with the Florida Keys Aqueduct Authority.
Commissioner Fahrer discussed a meeting that she
had recently with Representative Joe Allen and
Representative Sid Martin concerning funding for the Land
Use Plan.
There being no further business, the meeting was
adjourned.
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