12/18/1985 RegularEE 103
Regular Meeting
Board of County Commissioners
Wednesday, December 18, 1985
Key Colony Beach
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals. Present were Commissioner Alison Fahrer,
Commissioner John Stormont, Commissioner Ed Swift, and Mayor
Wilhelmina Harvey. Absent from the meeting was
Commissioner William Freeman. Also present were Danny L.
Kolhage, Clerk; Kermit Lewin, County Administrator; Rob
Wolf, Assistant County Attorney; Dorr Foxx; Barbara Gomez;
members of the Press and Radio; and the general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
Dave Horan, attorney representing James and Sandra
Waite, addressed the Board concerning their 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 property located on Lot 11, Tropic Island
Ranchettes, Big Pine Key. Motion was made by Mayor Harvey
and seconded by Commissioner Fahrer 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 James and Sandra Waite 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 Big Pine Key, Florida.
RESOLUTION NO. 347-1985
See Res. Book No. 47 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Fahrer
Yes
Commissioner Stormont
No
Commissioner Swift
Yes
Mayor Harvey
Yes
Motion carried.
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,
Square B, KINERCHA, Plat Book 1, Page 74 of the Public
Records of Monroe County, Florida; Big Pine Key. Motion was
made by Commissioner Swift and seconded by Commissioner
Fahrer to continue this appeal to the next Appeal Hearing
scheduled for January 15, 1986. Roll call vote was unani-
mous.
The Board entered into a discussion concerning
Largo Bayside, Inc., a Florida corporation doing business as
Landings of Largo, an existing P.U.D., appealing the action
of the Monroe County Zoning Board of November 6, 1985 in
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refusing to bear the applicant's request for a change to an
existing P.U.D./Major Development and passing a motion to
consider the changes requested by the applicant to be a
major change to a development plan as opposed to a minor
change; property located on the easterly half of Lot 11,
except the West 107 feet thereof and all of Lot 12 of
Georgel L. McDonald's Subdivision of US Government Lots 5 &
6 and the N.W. 1/4 of the N.W. 1/4 of Section 5, and Lots 1 & 2
of Section 6, Township 62S, Range 39E, according to the plat
thereof, as recorded in Plat Book 1, Page 59, and the
Existing Shoreline of Florida Bay, as more particularly
delineated and described in that survey prepared by Bailey,
Glass and Post of Florida Bay Estates, Inc. dated 5/25/72;
Key Largo; located on U.S. #1 at Mile Marker 98.
Commissioner Fahrer requested a Point of Personal Privilege
and discussed some of the remarks made by Michael Halpern,
attorney, in the transcript. Mr. Halpern then offered an
apology to the Board for some of those remarks and withdrew
all of Paragraph 7 of the Notice of Appeal. Mr. Halpern,
attorney representing Largo Bayside, Inc., d/b/a Landings of
Largo, addressed the Board concerning their appeal. Motion
was made by Commissioner Swift to declare the request of
Largo Bayside, Inc., d/b/a Landings of Largo, a major
change. This motion was ruled out of order by the Chair.
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to declare the requests of Largo
Bayside, Inc., d/b/a Landings of Largo, a minor change.
Roll call vote was taken with the following results:
Commissioner Fahrer
Yes
Commissioner Stormont
No
Commissioner Swift
Yes
Mayor Harvey
Yes
Rob Wolf, Assistant County Attorney, advised the Board that
the application of the Four -Fifths Rule was required in this
case. Accordingly the Motin failed. Motion was made by
Commissioner Swift to declare the request of Largo Bayside,
Inc., d/b/a Landings of Largo, a major change and requesting
the Building, Planning & Zoning Department to issue the per-
mit with all the requirements according to the Monroe County
Code. Motion died for lack of a second. Motion was made by
Commissioner Stormont to remand this case back to the Zoning
Board for their review. Motion died for lack of a second.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Swift to continue to the December 20th Board of
County Commissioners meeting at a time certain of 2:00 p.m.
Roll call vote was unanimous.
There being no further business, the meeting was
adjourned.