07/16/1986 Regular
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Regular Meeting
Board of County Commissioners
Wednesday, July 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, Commissioner Ed
Swift, and Mayor Pro Tern Fahrer. Also present were Danny L.
Kolhage, Clerk; Susan Vernon, Assistant County Attorney;
Charles Pattison, Director of Building, Planning and Zoning;
Dorr Foxx; 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.
During discussion of the first appeal, Mayor
Wilhelmina Harvey entered and assumed the Chair.
The Board discussed the appealed filed by Richard
Rzendzian pursuant to the Monroe County Zoning Board's
action on April 24, 1986, at which time the Board approved a
zoning change from GU to BU-2-S for Kevin F. White on pro-
perty located on Tract F, PINE KEY ACRES, Big Pine Key,
Florida, as recorded in Official Records Book 509, Page 1047
of the Public Records of Monroe County, Florida. Located
one block off Wilder Road on unnamed dirt road, MM 31 in
Section 27, Township 66, Range 29. Susan Vernon, Assistant
County Attorney, discussed the notification of the property
owner and indicated that it was not timely, the property
owner being notified just the day before the scheduled
public hearing. Kevin White, property owner, was in the
audience and advised the Board that he desired to proceed
with the appeal and waived any defect in the notice. Marie
Landry of the Big Pine Key Citizens Association addressed
the Board concerning the appeal. Kevin White, property
owner, addressed the Board. Marie Landry rebutted. Motion
was made by Commissioner Swift and seconded by Commissioner
Freeman to adopt the following Resolution reversing the
decision of the Zoning Board of Monroe County, without pre-
judice, and granting the request of Richard Rzendzian and
the Big Pine Key Civic Association to reverse the decision
of the Zoning Board of Monroe County, which approved a
change of zoning from GU to BU-2-S for Kevin F. White,
because the decision consisted of spot zoning and did not
consider impacts on surrounding property.
Resolution No. 216-1986
See Res. Book No. 51 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
Yes
Yes
No
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Motion carried.
The Board then considered Florida Bay Resort's
request to reverse the decision of the Monroe County Board
of Adjustment in upholding the decision of Charles Pattison,
Director of Building, Planning and Zoning, in declaring this
project a Major Development on March 12, 1986, said property
being located in Key Largo. Fred Tittle, representing
Florida Bay Resort, addressed the Board concerning the
appeal. Ralph J. Cruz of Bayview Property Owners
Association, requested permission to address the Board con-
cerning this appeal. The Assistant County Attorney advised
the Board that inasmuch as Mr. Cruz or his organization did
not testify at the Board of Adjustment's hearing, his testi-
mony would not be admissible at this hearing. Mr. Tittle
proceeded with his appeal. Charles Pattison, Director of
Building, Planning and Zoning, addressed the Board con-
cerning his decision in this case. Mr. Tittle rebutted the
comments of Mr. Pattison. During his rebuttal, Mr. Tittle
proffered for the record the fact that the financial con-
cerns of the applicant, his client, required him to request
that the Board make a decision on the application today and
not to remand it to the Board of Adjustment for any recon-
sideration. Motion was made by Commissioner Fahrer and
seconded by Commissioner Stormont to adopt the following
Resolution upholding the decision of the Board of Adjustment
of Monroe County, Florida, without prejudice, and denying
the request of Florida Bay Resort to reverse the decision of
the Board of Adjustment of Monroe County, Florida, which
upheld the decision of the Director of the Building,
Planning and Zoning Department, in declaring their project a
Major Development.
RESOLUTION NO. 217-1986
See Res. Book No. 51 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
No
Yes
No
Yes
Motion carried.
Commissioner Stormont discussed the status of
pending appeals and cases before the Boards in relation to
the adoption of the Land Use Plan. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to consider a recommendation from staff and the attorneys
concerning a proposed policy being developed regarding the
status of appeals and cases before the various Boards in
relation to the requirements of the Land Use Plan. Roll
call vote was unanimous.
There being no further business, the meeting was
adjourned.
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