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07/17/1985 RegularDD 093 Regular Meeting Board of County Commissioners Wednesday, July 17, 1985 Key Colony Beach A regular meeting of the Board of County Commissioners convened on the above date at Key Colony Beach. 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 Ed Swift. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; County staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Freeman and Swift, and Mayor Harvey. Absent from the meeting was Commissioner Ed Swift. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; County staff; members of the Press and Radio; and the general public. Mr. Frank Greenman, attorney representing Steven Ban and Susan Ban, addressed the Board concerning their appeal pursuant to the Monroe County Board of Adjustment's action on March 1, 1985, in denying a Dimensional Variance on Lot 12, Block 2, Venice Subdivision, according to the Plat thereof as recorded in Plat Book 3, Page 22 of the Public Records of Monroe County, Florida; the captioned land is embraced by Part D, North Marathon Shores, Plat Book 2, Page 170, located in Section 1, Township 66 South, Range 39 East. Commissioner Swift arrived at the meeting and was seated at 9:30 a.m. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution reversing the decision of the Board of Adjustment of Monroe County, Florida, without prejudice, and approving the request of Mr. and Mrs. Ban to reverse the decision of the Board of Adjustment of Monroe County, Florida denying their request for a dimensional variance to build a porch up to 12 feet of the canal and tool shed on the dock. Roll call vote was unanimous. RESOLUTION NO. 212-1985 See Res. Book No. 45 which is incorporated herein by reference. Following discussion, Mr. Greenman advised the Board that his clients would pay double the permit fee for proceeding with the improvements without a permit. County Attorney Proby discussed his opinion dated May 22nd that the 4/5 Rule applied to the case of Simon E. and Carol K. Lipsky and their request to reverse the decisior of the Monroe County Zoning Board on October 24, 1984 in denying their request for a zoning change from BU-2 and RU-3 to RU-7 on a parcel of land located in Section 27, Township 64 South, Range 35 East, Long Key, and further described by DD 094 metes and bounds. Commissioner Stormont discussed the Board's previous action to postpone this matter. Mr. Proby advised that the Board should proceed with the re -hearing. Commissioners Swift and Fahrer went on record that they did not agree with the County Attorney's opinion concerning the 4/5 Rule. Commissioner Stormont went on record that he did agree with the application of the 4/5 Rule. Mr. Andrew Tobin, representing Mr. and Mrs. Lipsky, addressed the Board concerning their appeal. Mr. Alfred A. Yasko addressed the Board and objected to the appeal. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt a Resolution granting the appeal and overturning the decision of the Zoning Board. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey No Motion failed due to the lack of a 4/5 vote. The next item before the Board was the appeal filed by Robert A. Koppen and J. Herbert Watkins pursuant to the Monroe County Zoning Board's action on February 28, 1985 in denyingg a zoning change on a parcel of land in the SE1/4 of the NE 1/4 of Section 27, Township 66 South, Range 29 East, Bi Pine Key; Land Surveyor No. 620 dated March 17, 1953; par- ticularly described by metes and bounds. Mr. Robert Koppen appeared before the Board and requested that the Board also hear at this time the appeal filed by Peter J. and Vyvian A. Groo pursuant to the Monroe County Zoning Board's action on February 28, 1985 in denying a change on a parcel of land in the SE1/4 of the NE1/4 of Section 27, Township 66 South, Range 29 East, Big Pine Key; known as Tract 24 of an unrecorded Plat of Survey by C. G. Bailey, Reg. Florida Land Surveyor No. 620 dated March 17, 1953; particularly described by metes and bounds (located on Ship's Way) inasmuch as he was representing them in adjacent property under similar situations. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to combine the two appeals for the purpose of hearing them; however, they would be voted upon separately. Motion carried unanimously. The Clerk advised that he was in receipt of letters concerning these two appeals which were handed to him just this morning and asked for a ruling by the County Attorney. Grace Manillo of Big Pine Key Civic Association addressed the Board concerning the letters submitted to the Clerk. County Attorney Proby ruled that the letters submitted could not be part of the record and that the Clerk should mark them for identification only. After discussion, motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution to remand the Koppen and Watkins appeal to the Zoning Board and that it be re -noticed and re -heard due to an error in the original notice process. Roll call vote was unanimous. RESOLUTION NO. 213 See Res. Book No. 45 which is incorporated herein by reference. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to adopt the following Resolution to remand the Groo appeal to the Zoning Board and that it be re -noticed and re -heard due to an error in the original notice process. Roll call vote was unanimous. DD 095 RESOLUTION NO. 213-A See Res. Book No. 45 which is incorporated herein by reference. There being no further business, the meeting was adjourned.