08/20/1986 Regular
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Regular Meeting
Board of County Commissioners
Wednesday, August 20, 1986
Key Colony Beach
BOARD OF APPEALS
A Regular Meeting of the Monroe County Board of
County Commissioners sitting as the Board of Appeals con-
vened at 9:00 a.m. on the above date at the Key Colony Beach
City Hall. Present and answering to roll call were
Commissioner William Freeman, Commissioner John Stormont,
and Mayor Pro Tem Alison Fahrer. Absent from the meeting
were Commissioner Edwin Swift and Mayor Wilhelmina Harvey.
Also present were Danny L. Kolhage, Clerk; Susan Vernon,
Assistant County Attorney; Charles Pattison, Director of
Planning, Building & Zoning; Dorr Foxx; County Staff; mem-
bers of the Press and Radio; and the general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
Mr. Foxx addressed the Board in reference to the
appeal filed by O. DeFreitas pursuant to the Monore County
Board of Adjustment's action of February 8, 1986, at which
time the Board of Adjustment upheld the decision of Charles
Pattison, Director of Building, Planning & Zoning, in
denying a land clearing and fill permit on property located
on Lot 1, Block 36, Big Pine Key; Section 9, Township 66,
Range 29; Zoned GU. He indicated that Mr. DeFreitas had
requested a postponement of this appeal to the next meeting.
Commissioner Stormont briefly discussed the filing of
appeals in relation to the Land Use Plan implementation.
The Board agreed to postpone the DeFreitas appeal to the
next meeting.
Fred Tittle, attorney representing 503851 ONTARIO
LIMITED, addressed the Board concerning their request for a
modification or rescission pursuant to Article VI, Division
1, Chapter 61-1503, Laws of Florida, Section 10, APPLICATION
TO COURT FOR RELIEF, with regard to the denial of an appeal
which was acted upon February 19, 1986 at which time the
Board of County Commissioners sitting as the Board of
Appeals upheld the decision of the Monroe County Zoning
Board who denied a request for a Finding of Fact Approval in
order to build in the Shoreline Protection Zone on property
located on PARCEL I: A parcel of submerged land in Section
29, Township 64, Range 36, Monroe County, Florida and more
particularly described by metes and bounds. PARCEL II: A
parcel of submerged land in Section 29 & 30, Township 64,
Range 36, Monroe County, Florida, more particularly
described by metes and bounds. PARCEL III: A spoil island
in Florida Bay in the Northwesterly V4 of Section 29,
Township 64, Range 36, Monroe County, Florida, more par-
ticularly described by metes and bounds. Located at Mile
Marker 73.5, U.S. tl, Lower Matecumbe Key. Zoned GU. Mr.
Tittle requested a re-hearing of the Board's previous deci-
sion concerning this matter. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to grant the request for a re-hearing. Motion carried una-
nimously. Mr. Tittle then proceeded to discuss the appeal.
He requested the Board to reverse the Zoning board's deci-
sion and grant the appeal on the basis that the reasons for
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the Zoning Board's decision were not applicable to the pre-
sent case and, furthermore, that under the existing Plan and
under the new Plan, the applicant would be denied any reaso-
nable beneficial use of his property. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to adopt the following Resolution upholding the decision of
the Zoning Board of Monroe County, Florida, upon recon-
sideration, and denying the request of 503851 Ontario
Limited to reverse upon reconsideration the decision of the
Zoning board of Monroe County, Florida which denied a
finding of fact approval to Ontario Limited. Roll call vote
was unanimous.
RESOLUTION NO. 245-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Robert Shutt, agent for George W. and Inez Lea
Larkins, addressed the Board concerning their appeal filed
pursuant to the Monroe County Zoning Board's action of March
26, 1986 at which time the Zoning Board denied a change of
zoning from GU to BU-2T on property located on the west 330
feet of Lot 7 less the north 130 feet thereof and all of Lot
8 less the North 130 feet thereof, in Section 28, Township
66 South, Range 29 East, situate, lying and being in Monroe
County, Florida, excepting therefrom highway dedication,
located on US 41 and State Road 4-A. Mile Marker 28 on
Little Torch Key. Mr. Terry Carey, property owner in the
area, Mr. Richard Kerwick, and John Baird all addressed the
Board in support of Mr. Shutt's request for the Larkins.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to adopt the following Resolution
upholding the decision of the Zoning Board of Monroe County,
Florida, without prejudice, and denying the request of
George W. and Inez Lea Larkins to reverse the decision of
the Zoning board of Monroe County, Florida, denying their
request for a change of zoning from GU to BU-2T on property
located on Little Torch Key, Monroe County, Florida.
RESOLUTION NO. 246-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Stormont
Mayor Pro Tern Fahrer
No
Yes
Yes
Motion carried.
Susan Vernon, Assistant County Attorney, addressed
the Board concerning the appeal filed by Eric S. and Nancy
L. Swenson pursuant to the Monroe County Zoning Board's
actions on April 14, 1986 at which time the Zoning Board
denied a change of zoning from GU to BU-lL on property
located on Tract "DW", PINE KEY ACRES, Big Pine Key,
Florida, as recorded in Official Records Book 509 at Page
-- 1047 of the Public Records of Monroe County, Florida.
Located on Prison Lane, MM approximately 30~, in Section 23,
Township 66S, Range 29E. She advised the Board that this
appeal required a 4/5 vote and should therefore be post-
poned. Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to postpone the appeal
filed by Eric S. and Nancy L. Swenson to the next hearing.
Motion carried unanimously.
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070
Warren A. Johnson addressed the Board concerning
the appeal filed pursuant to the Monroe County Board of
Adjustment's action on June 5, 1986 at which time the Board
upheld the decision of Charles Pattison, Director of
Building, Planning & Zoning, in issuing Permit i15l25A
placing a mobile home on property located at 29 Del Mar
Boulevard, Big Coppitt Key, Monroe County, Florida, on
April 10, 1986. Denise Wilcox and Bobby Hall addressed the
Board and supported the appeal. Mrs. Hamil, owner of the
property, addressed the Board. Motion was made by
Commissioner Stormont to uphold the decision of the Board of
Adjustment and to modify the decision to require that all
appropriate variances and setbacks be obtained. During
discussion, motion was withdrawn. Motion was then made by
Mayor Pro Tern Fahrer and seconded by Commissioner Freeman to
adopt the following Resolution reversing the decision of the
Board of Adjustment of Monroe County, Florida and granting
the request of Warren Johnson 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 issuing Building Permit #15l25A to
Daniel Garcia to place a mobile home on property located at
29 Del Mar Boulevard, Big Coppitt Key, Florida. Roll call
vote was unanimous.
RESOLUTION NO. 247-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Motion was made by Mayor Pro Tern Fahrer and seconded by
Commissioner Freeman to advise the Garcias that within five
days, they should seek a variance for the setbacks and also
a variance to the Flood Hazard Ordinance. Roll call vote
was unanimous. Motion was then made by Commissioner
Stormont and seconded by Commissioner Freeman to notify the
Garcias and direct them to follow the procedures required
for an after-the-fact permit for the placement of the shed
on the property. Roll call vote was unanimous.
Motion was made by Mayor Pro Tem Fahrer and
seconded by Commissioner Freeman to authorize the refund of
one-half of the appeal fee to the appellants if approved by
the County Attorney's Office as being a legal refund.
Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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