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12/29/1986 Special 046 HH Special Meeting Board of County Commissioners Monday, December 29, 1986 Key Colony Beach A Special Meeting of the Monroe County Board of County Commissioners convened at 8:30 a.m. on the above date at the Key Colony Beach City Hall. Present and answering to roll call were Commissioner William Freeman, Commissioner Eugene Lytton, Commissioner Michael Puto, and Mayor Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Clerk; Tom Brown, County Administrator; Lucien Proby, County Attorney; Department Heads; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. The County Attorney presented for the Board's con- sideration a proposed contract between Monroe County and Michael Halpern concerning performance of duties related to the recently adopted Land Use Plan. The Board discussed several amendments which would further delineate the scope of services and tie the funding for the payment of the ser- vices to the existing contract between the County and the Department of Community Affairs. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution authorizing the Mayor and Chairman of the Board to execute an Agreement by and between the County Commission and Michael Halpern concerning perfor- mance of certain duties relating to the recently adopted Land Use Plan. Motion carried unanimously with Commissioner Stormont absent from the meeting. RESOLUTION NO. 387-1986 See Res. Book No. 55 which is incorporated herein by reference. The County Attorney also discussed the County's insurance coverage for special events in connection with the question posed concerning the Veterans' activities. After extensive discussion, this matter was referred to County Administrator Brown and Commissioner Puto. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Commissioner Stormont arrived and took his seat. Fred Tittle, attorney, representing Florida Community Investors, Inc., addressed the Board concerning the request of Florida Bay Resort 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, HHO~ in declaring the project a Major Development on March 12, 1986; property is located in Key Largo. Mayor Hernandez called for a short recess until other members of the County Staff arrived. Howard Tupper, Development Review Coordinator, and Susan Vernon, Assistant County Attorney, arrived at the meeting and the Board proceeded with the appeal. Following Mr. Tittle's presentation, Mr. Tupper addressed the Board concerning the Planning Department's position. Mr. Tittle rebutted the remarks of Mr. Tupper. Susan Vernon, Assistant County Attorney, discussed the case. Mr. Tittle proffered for the record that the building involved was a three-story building with a total height not to exceed thirty-five feet. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the following Resolution reversing the decision of the Board of Adjustment of Monroe County, without prejudice, and approving the request of Florida Bay Resort to reverse the decision of the Board of Adjustment of Monroe County that upheld the decision of Charles Pattison, Director of Building, Planning and Zoning, in declaring its project a Major Development. RESOLUTION NO. 388-1986 See Res. Book No. 55 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. ~~ The Board then considered the appeal filed by Vincent M. Drost pursuant to the Monroe County Board of Adjustment's actions on August 7, 1986, at which time the Board approved the dimensional variance request of Gordon and Mary M. Brunner on the following described property: Lot 2, Block 17, CUDJOE GARDENS, FIFTH ADDITION, according to the Plat thereof as recorded in Plat Book 6, Page 88 of the Public Records of Monroe County, Florida; located on 8th Avenue West in Section 32, Township 66, Range 28, Cudjoe Key, MM 21 and zoned RU-l. Mr. Drost addressed the Board. Bill Paulsen of the Cudjoe Gardens Property Owners Association addressed the Board and proffered eighteen let- ters for the record from owners of property in the area. The Assistant County Attorney ruled that the items could be proffered but were not admissible as they were not part of the original record on appeal. Frank Greenman, attorney representing Gordon and Mary M. Brunner, addressed the Board concerning the appeal. Mr. Drost then rebutted comments by Mr. Greenman. The Assistant County Attorney read for the record the five criteria in the County Code concerning the issuance of variances. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt the following Resolution reversing the decision of the Board of Adjustment of Monroe County, without prejudice, and approving the request of Vincent M. Drost to reverse the decision of the Board of Adjustment of Monroe County that approved the dimensional variance request of Gordon and Mary M. Brunner for property on Cudjoe Key, Monroe County. RESOLUTION NO. 389-1986 See Res. Book No. 55 which is incorporated herein by reference. HH' 048 Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes No No Yes Yes Motion carried. Tim Koenig addressed the Board concerning the appeal filed by Shirley Mulvey pursuant to the Monroe County Board of Adjustment's actions on September 4, 1986, at which time the Board denied a dimensional variance on property located on Lot 20, Block 2, Key Haven, Tenth Addition, a subdivision of part of Raccoon Key and adjacent submerged lands in Sections 23 and 26, Township 67S, Range 25E, Monroe County, Florida, as recorded in Plat Book 5, Page 114 of the Public Records of Monroe County, Florida. Mr. Koenig indi- cated that the attorneys for the appellant had asked for a continuation and rescheduling of the hearing. Susan Vernon, Assistant County Attorney, read for the record a letter from the appellant requesting a continuance. The Chair ruled that the County would proceed with the appeal. Motion was made by Commissioner Lytton to deny the appeal and uphold the decision of the Board of Adjustment. During discussion, motion died for lack of a second. After further discussion, motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt the following Resolution upholding the decision of the Board of Adjustment of Monroe County, without prejudice, and denying the request of Shirley Mulvey to reverse the decision of the Board of Adjustment of Monroe County that denied a dimensional variance for property located on Raccoon Key, Monroe County. RESOLUTION NO. 390-1986 See Res. Book No. 55 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes Yes No Motion carried. Following this vote, Mayor Hernandez requested that his "No" vote be changed to "Yes" since the proper wording of the motion was not clear to him during the roll call. The Clerk advised that the record would so reflect. The Board then considered an appeal filed by Hans and Siegrid Hamel pursuant to the Monroe County Board of Adjustment's actions of September 4, 1986 in denying a variance in order to place a mobile home within the setbacks on the following described property: Lot 15, Block 1, Gulfrest Park, a subdivison according to the plat thereof as recorded in Plat Book 4, Page 119 of the Public Records of Monroe County, Florida; located on Big Coppitt Key in Section 21, Township 67, Range 26, and zoned RU-5. Siegrid Hamel addressed the Board concerning the appeal. The Assistant County Attorney advised the Board that the appellees had requested a continuance. The Chair ruled that the Board would proceed with the appeal. Carl Sumner, resi- dent, addressed the Board and opposed the appeal. Motion -- HH 049 was made by Commissioner stormont and seconded by Commissioner Lytton to adopt the following Resolution reversing the decision of the Board of Adjustment of Monroe County, without prejudice, and approving the request of Hans and Siegrid Hamel to reverse the decision of the Board of Adjustment of Monroe County that denied their request for a variance to place a mobile home within the setbacks in Gulfrest Park, Big Coppitt Key, Monroe County. Roll call vote was unanimous. RESOLUTION NO. 391-1986 See Res. Book No. 55 which is incorporated herein by reference. James Mattson, representing Kathi Lee Fearing and Danny Lee Fisher, addressed the Board regarding their appeal filed pursuant to the Monroe County zoning Board's actions on July 30, 1986, at which time they denied a request for alcoholic beverage approval on the following described pro- perty: Lots 1 and 2, Block 8, ANGLERS PARK SHORES, according to the plat thereof, as recorded in Plat Book 1, Page 148 of the Public Records of Monroe County, Florida and the northeasterly portion of Lot 3, Block 8, ANGLERS PARK SHORES, according to the plat thereof as shown on the sketch of survey prepared by Bailey-Money-Post Associated, dated January 5, 1967, and attached to the final judgment for Counter-Claimant in Case #1-75 styled: Peter Flesor and Elizabeth Flesor vs. Jack Daniels, dated April 2, 1986, by Acquilino Lopez, Jr., Circuit Judge, and a parcel of sub- merged land in Largo Sound in Section 14, Township 6lS, Range 38E, Monroe County, Florida and fronting Lots 1 and 2, Block 8, of Book 1, Page 48 of the Public Records of Monroe County, Florida, more particularly described by metes and bounds; located on Shoreline Drive, MM 103. Jim Lynch, representing residents in the area who objected to the appeal, addressed the Board and objected to several comments made by Mr. Mattson which were not a part of the record and requested that they be stricken and not considered. After further discussion and rebuttal by Mr. Mattson, motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution upholding the deci- sion of the Zoning Board of Monroe County, without preju- dice, and denying the request of Kathi Lee Fearing and Danny Lee Fisher to reverse the decision of the zoning Board of Monroe County which denied their request for an alcoholic beverage approval for property in Anglers Park Shores, Monroe County. Roll call vote was unanimous. RESOLUTION NO. 392-1986 See Res. Book No. 55 which is incorporated herein by reference. The Board recessed for lunch at 12:15 p.m. * * * * * ,...,.- The Board reconvened at 1:20 p.m. with all Commissioners present. Mayor Hernandez announced that he was calling a Special Meeting of the Board of County Commissioners to discuss the traffic problem in the Key Colony Beach - Marathon area. Commissioner Puto discussed the traffic tie- ups and the effect on delivery of emergency medical and fire services. Captain Toth, Station Commander of the Sheriff's Department in Marathon, addressed the Board concerning their efforts to help the flow of traffic. Representatives of HH-- 050 Post, Buckley, Schuh & Jernigan were also present. No further action was taken. There being no further action, the Board of County Commissioners adjourned. * * * * * The Board reconvened as the Board of Appeals. Fred Weiszmann addressed the Board concerning his appeal filed pursuant to the Monroe County Board of Adjustment's actions of August 7, 1986, at which time the Board upheld the decision of Charles Pattison, Director of Building, Planning and Zoning, in declaring the project known as Orchid Park Subdivision, First Addition, a Major Development. Dorr Foxx and Howard Tupper addressed the Board concerning this matter. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to deny the appeal and uphold the Board of Adjustment. During discussion, motion was withdrawn. After further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution upholding the decision of the Board of Adjustment of Monroe County, without prejudice, and denying the request of Fred Weiszmann to reverse the decision of the Board of Adjustment of Monroe County which upheld the decision of Charles Pattison, Director of Building, Planning and Zoning, in declaring the project known as Orchid Park Subdivision, First Addition, a Major Development. Roll call vote was unanimous. RESOLUTION NO. 393-1986 See Res. Book No. 55 which is incorporated herein by reference. Michael Halpern, representing Gus Boulis, addressed the Board concerning the appeal filed by Mr. Boulis pursuant to the Monroe County Board of Adjustment's actions on September 4, 1986, at which time the Board of Adjustment upheld the decision of the Monroe County Building Department in determining that the elevation measurement be taken from the lowest point, rather than from the average grade of the property 1 located on Lot 9, Block 12, STRATTON'S SUBDIVISION. Howard Tupper and Susan Vernon addressed the Board concerning this matter. Mr. Halpern rebutted the com- ments of the staff. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution reversing the decision of the Board of Adjustment of Monroe County, without prejudice, and approving the request of Gus Boulis to reverse the decision of the Board of Adjustment of Monroe County which upheld the decision of the Monroe County Building Department in determining that the elevation measurement be taken from the lowest point rather than from the average grade of the property. RESOLUTION NO. 394-1986 See Res. Book No. 55 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. HH 05~ The Board then considered the appeal filed by Futura Yacht Club pursuant to the Monroe County Board of Adjustment's actions on September 4, 1986, at which time the Board upheld the decision of Charles Pattison, Director of Planning and Building, in declaring the project a Major Development on July 3, 1986. Commissioner Puto read a letter requesting a continuance of the appeal by the appellant's attorney, James R. Keller. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to proceed with the appeal. During discussion, the motion was withdrawn. The Chairman ruled that the County would proceed with the appeal as scheduled. Dorr Foxx of the Planning Staff discussed the designation of Major Development. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution upholding the decision of the Board of Adjustment of Monroe County, without prejudice, and denying the request of Futura Yacht Club to reverse the decision of the Board of Adjustment of Monroe County which upheld the decision of Charles Pattison, Director of Building, Planning and zoning, in declaring the project a Major Development. Roll call vote was unanimous. RESOLUTION NO. 395-1986 See Res. Book No. 55 which is incorporated herein by reference. .--.- Fred Tittle, attorney representing Bonefish Yacht Club, Ltd., addressed the Board concerning the appeal filed pursuant to the Monroe County zoning Board's decision of September 24, 1986, at which time they denied a request for a Time Extension to complete unfinished units within an approved Major Development project on property located on a portion of "COCO PLUM BEACH", as recorded in Plat Book 4, Page 166 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds, known as Parcel Il~ also, Parcel 12, a tract of land in a part of Block 6, of COCO PLUM BEACH, as recorded in Plat Book 4, Page 166 of the Public Records of Monroe County, Florida, and more particularly described by metes and bounds~ also, Parcel 13, portions of COCO PLUM BEACH, as recorded in Plat Book 4, Page 166 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds on the submitted survey~ located on COCO PLUM DRIVE, in Section 4, Township 66S, Range 33 E, MM 54, Crawl Key No.3. A1 Bragg, representing Bonefish Property Owners Association, and Frank Greenman, attorney representing Bonefish Towers Association, addressed the Board opposing the appeal. Mr. Tittle rebutted the statements of Messrs. Bragg and Greenman. Staff recommended to the Board that the Zoning Board's decision be sustained. Mr. Tittle proffered for the record information concerning the existence of houseboats and also Staff's acknowledgment that it was in receipt of letters from the appropriate agen- cies and utilities. 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, without prejudice, and denying the request of Bonefish Yacht Club, Ltd. to reverse the decision of the zoning Board of Monroe County which denied its request for a time extension to complete unfinished units within an approved Major Development. Roll call vote was unanimous. RESOLUTION NO. 396-1986 See Res. Book No. 55 which is incorporated herein by reference. 052 HH Motion was made by Commissioner Stormont and seconded by Commissioner Lytton directing the Planning Department to clarify the legal descriptions, acreage, densities, plat filings and record-ings concerning this property prior to any further permitting actions pursuant to the action of the Board of County Commissioners at Minute Book GG, Page 021. Commissioner Lytton offered an amendment to waive any further impact fees on this project. During discussion, the motion and amendment were withdrawn. After further discussion, motion was made by Commissioner Stormont and seconded by Commissioner Freeman directing the Planning Department' to clarify the legal descriptions, acreage, den- sities, plat filings and recordings concerning this property prior to any further permitting actions pursuant to the action of the Board of County Commissioners recorded at Minute Book GG, Page 021. Motion carried unanimously. Motion was then made by Commissioner Lytton and seconded by Commissioner Freeman that any re-application concerning this project would be considered as a continuation of the pre- vious permitting processes and that impact fees would be waived. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *