01/15/1986 RegularEE 1.40
Regular Meeting
Board of County Commissioners
Wednesday, January 15, 1986
Key Colony Beach
BOARDOF APPEALS
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The Board of County Commissioners sat as the Board
of Appeals. Present and answering to roll call were
Commissioner William Freeman, Commissioner John Stormont,
and Mayor Pro Tem Fahrer. ;Absent from the meeting were
Commissioner Ed Swift and Mayor Wilhelmina Harvey. Also
present were Danny L. Kolhalge, Clerk; Susan Vernon,
Assistant County Attorney; Dorr Foxx; members of the Press
and Radio; and the general public.
All stood for thelInvocation and the Pledge of
Allegiance to the Flag.
The Board discussed an appe-al filed by Ethealinda
Stricker pursuant to the Monroe County Zoning Board's action
on September 25, 1985 in denying a change of zoning from GU
to BU-2T on property located on Lots 1 thru 8, Square A and
Lots 1 thru 8, Square B, KINERCHA, Plat Book 1, Page 74 of
the Public Records of Monroe County, Florida; Big Pine Key.
Assistant County Attorney Vernon discussed the procedures to
be followed during the conduct of the appeals. B. G.
Carter, representing Mrs. Stricker, requested a postponement
of the case until the balance of the _Commission was present.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to postpone this matter until a full
Board was present. Motion,'carried unanimously.
The Board discussed the appeal filed by William H.
and Barbara J. Dantzscher pursuant to the Monroe County
Board of Adjustment's action on August 9, 1985 in denying
the applicant a dimensional variance on property located on
Lot 2, Coral Colony Subdivpsion, according to the Plat
thereof as recorded in Plat Book 3, Page 122 of the Public
Records of Monroe County, Florida; Section 6, Township 66S,
Range 33E; Marathon. During this discussion, Commissioner
Swift and Mayor Harvey entered the meeting and assumed their
seats. James Keller, attorney representing the Dantzschers,
addressed the Board concerning their appeal. Motion was
made by Commissioner Swiftiand seconded by Commissioner
Freeman to grant the appeal and overrule the Board of
Adjustment and adopt the following Resolution reversing the
decision of the Board of Adjustment of Monroe County,
Florida, without prejudice!, and approving the request of
William H. and Barbara J. !Dantzscher to reverse the decision
of the Board of Adjustment! of Monroe County, Florida denying
a dimensional variance of seven feet on the north side to
build up �o 13 feet and four feet on the east side to build
up to 16 feet. Roll call vote was unanimous.
RESOLUTIiON N0. 015-1986
See Res. Book No. 48 which is incorporated herein by
reference.
B. G. Carter, representing Ethealinda Stricker,
addressed the Board concerning her appeal filed pursuant to
the Monroe County Zoning Board's action on September 25,
1985, in denying a change!of zoning from GU to BU-2T on pro-
perty located on Lots 1 thru 8, Square A, and Lots 1 thru 8,
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Square B, KINERCHA, Plat Book 1, Page 74 of the Public
Records of Monroe County, Florida; Big Pine Key. Paul
Snellinger, a property owner in the area, addresed the Board
and opposed the appeal. Mr: Carter then rebutted the state-
ments of Mr. Snellinger. Motion was made by Commissioner
Freeman and seconded by Commissioner Swift to grant the
appeal and overrule the Zoning Board. Roll call vote was
taken with the following re,iults:
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Commissioner
Fahrer
No
Commissioner
Freeman
Yes
Commissioner
Stormont
No
Commissioner
Swift
Yes
Mayor Harvey
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Yes
This motion failed for lack" of the required four -fifths
vote.
Andrew Tobin, atto,rney representing the appellant,
Alpha R. Dowd, addressed the Board concerning the appeal
filed pursuant to the Monroe County Board of Adjustment's
action on August 9, 1985 in; failing to reverse the decision
of the Building Official grunting Permit #C17188. Al Bragg,
attorney representing Mr. Paopplewell, addressed the Board.
Mr. Tobin then rebutted the; statements of Mr. Bragg. Mr.
Bragg then discussed severail questions posed by Commissioner
Stormont. William Gerbrick.1, architect, addressed the Board
and answered questions presented by Commissioner Stormont.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to deny the appeal and uphold the deci-
sion of the Board of Adjustment. Roll call vote was taken
with the following results:
V
Commissioner Tahrer No
Commissioner,iFreeman Yes
Commissioner' No
Commissioner; Swift Yes
Mayor Harvey; No
Motion failed. Motion was ;made by Commissioner Fahrer and
seconded by Commissioner Stormont to grant the appeal and
overrule the Board of. Adjustment and adopt the following
Resolution reversing the decision of the Board of Adjustment
of Monroe County, Florida,without prejudice, and approving
the request of Alpha R. and Muriel J. Dowd to reverse the
decision of the Board of Adjustment in denying their request
for a reversal of the decision of the Building Official in
granting the issuance of Permit #C17188. Roll call vote was
taken with the following results:
Commissioner!Fahrer Yes
Commissioner;Freeman No
Commissioner',Stormont Yes
Commissioner Swift No
Mayor Harvey Yes
Motion carried.
RESOLUTIbN NO. 016-1986
See Res. Book No. 48 which'is incorporated herein by
reference.
Sandra K. Barrett", Environmental Planner, and;Stan
Becker, Biologist and Naturalist, represented Mrs. Dorothy
Sue Abbott and addressed the Board concerning the appeal
filed by William L. Richards, Jr., Trustee for Kayce Tuttle,
Trust and Dorothy Sue Abbott, Owner, pursuant to the Monroe
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County Zoning Board's action on September 25, 1985 in
denying the applicant a finding of fact approval to build
within the Shoreline Protection Zone; property located on
Lot 12, Block 3, Silver Shores Estates, Plat Book No. 4,
Page 111 of the Public Records of Monroe County, Florida.
George Schmahl, who was the County Biologist and did the
report at the time of the application, addressed the Board
concerning the appeal. Stanley Becker, Biologist, addressed
the Board. George Garrett, County Biologist, also addressed
the Board concerning this appeal. Motion was made by
Commissioner Stormont to deny the appeal and uphold the
decision of the Zoning Board. Motion died for lack of a
second. Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to grant the appeal and overturn the
decision of the Zoning Board and adopt the following
Resolution reversing the decision of the Zoning Board of
Monroe County, Florida, without prejudice, and approving the
request of William L. Richards, Jr., Trustee for Kayce
Lorraine Tuttle, Trust, Dorothy Sue Abbott, Owner, to
reverse the decision of the Zoning Board of Monroe County,
Florida, denying a finding of fact approval to build within
the Shoreline Protection Zone. Roll call vote was taken
with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
Yes
Commissioner
Stormont
No
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
RESOLUTION NO. 017-1986
See Res. Book No. 48 which is incorporated herein by
reference.
Mrs. Joanne Frye, representing herself and Mr. R.
D. Frye, addressed the Board concerning their appeal filed
pursuant to the Monroe County Zoning Board's action on July
315 1985 in denying the applicant a change of zoning from
RU-1 to BU-lL on property located on Parcel A-1; situated in
part of Government Lot 4, Section 1, Township 66S, Range 32E
on Key Vaca, Monroe County, Florida, and known as being part
of those lands conveyed to R. D. Frye by Deed recorded in
Official Record Book 727, Page 146 of the Monroe County Deed
Records and being more particularly described by metes and
bounds. Linda King, property owner in the neighborhood,
addressed the Board and opposed the appeal. Mrs. Frye then
rebutted the statements of Linda King. Motion was made by
Commissioner Stormont and seconded by Commissioner Fahrer to
deny the appeal and uphold the decision of the Zoning Board
and adopt the following Resolution upholding the decision of
the Zoning Board of Monroe County, Florida, withouJ, preju-
dice, and denying the request of R. D. Frye to reverse the
decision of the Zoning Board of Monroe County, Florida
denying his request for a change of zoning from RU-1 to
BU-lL on property located on Key Vaca, Florida. Roll call
vote was taken with the following results:
Commissioner
Fahrer
Yes
Commissioner
Freeman
No
Commissioner
Stormont
Yes
Commissioner
Swift
Yes
Mayor Harvey
Yes
Motion carried.
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RESOLUTION NO. 018-1986
See Res. Book No. 48 whichis incorporated herein by
reference.
There being no further business, the meeting was
adjourned.
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