09/17/1986 Regular
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Regular Meeting
Board of County Commissioners
Wednesday, September 17, 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 Alison Fahrer, Commissioner William Freeman,
Commissioner John Stormont, and Mayor Wilhelmina Harvey.
Absent from the meeting was Commissioner Edwin Swift. Also
present were Danny L. Kolhage, Clerk; Susan Vernon,
Assistant County Attorney; 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.
Mr. Foxx addressed the Board in reference to the
appeal filed by o. DeFreitas pursuant to the Monroe 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 advised the Board that this appeal
had been withdrawn.
Mr. Foxx then addr~ssed the Board concerning the
appeal filed by Eric S. and Nancy L. Swenson pursuant to the
Monroe County Zoning Board's actions on April l4, 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 approxi-
mately 30~, in Section 23, Township 66S, Range 29E. He
advised the Board that this appeal had been withdrawn.
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Mr. Foxx addressed the Board concerning the appeal
of Florida Bay Resort and their request for a modification
or rescission pursuant to Article V, Division 1, Chapter
61-2503, Laws of Florida, Section 10, APPLICATION TO COURT
FOR RELIEF, with regard to the denial of an appeal which was
acted upon July 16, 1986, at which time the Board of County
Commissioners sitting as the Board of Appeals upheld the
decision of the Monroe County Board of Adjustment in denying
an Administrative Appeal and upholding the decision of
Charles Pattison, Director of Building, Planning and Zoning,
in declaring the project a Major Development on March 12,
1986. Property is located in Key Largo. Mr. Foxx announced
that Florida Bay Resort had requested postponement of this
appeal.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to withdraw the DeFreitas and
Swenson appeals and also postpone the Florida Bay Resort
appeal. Roll call vote was unanimous.
Joe Miklas, attorney representing Hamlin Beattie
and Joe Hudson of Bay Colony Villas, addressed the Board
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concerning their appeal filed pursuant to the Monroe County
Zoning Board's action on June 26, 1986, at which time they
denied a Finding of Fact approval in order to build within
the Shoreline Protection Zone pursuant to Section 4-21 (d)
of the Monroe County Code on property located on a portion
of Tract 8 according to the plat of subdivision of Lots 3
and 4 on Upper Matecurnbe Key, Monroe County, Florida as
recorded in Plat Book 2, Page 59, of the Public Records of
Monroe County, Florida and further described by metes and
bounds; Tract 9 of Subdivision of Lots 3 and 4 on Upper
Matecurnbe Key according to the plat thereof recorded in Plat
Book 2, Page 59, of the Public Records of Monroe County,
Florida; Tract 10 of Subdivision of Lots 3 and 4 on Upper
Matecurnbe Key, according to the plat thereof as recorded in
Plat Book 2, Page 59 of the Public Records of Monroe County,
Florida; located on U.S. iI, Mile Marker 82, in Section 32,
Township 63S, Range 37E, and zoned RU-4. Roger Martin
addressed the Board concerning the existence of a channel on
the bay bottom property involved. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
adopt the following Resolution reversing the decision of the
Zoning Board of Monroe County, Florida and granting the
request of Hamlin Beattie and Joe Hudson of Bay Colony
Villas to reverse the decision of the Zoning Board of Monroe
County, Florida which denied a finding of fact approval to
Hamlin Beattie and Joe Hudson of Bay Colony Villas. Roll
call vote was unanimous.
RESOLUTION NO. 283-1986
See Res. Book No. 52 which is incorporated herein by
reference.
There being no further business, the meeting was
adjourned.
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