Resolution 123-1986
Board of Appeals
RESOLUTION NO. 123 -1986
RESOLUTION REVERSING THE DECISION OF THE
BOARD OF ADJUSTMENT OF MONROE COUNTY,
FLORIDA, WITHOUT PREJUDICE, AND APPROVING THE
REQUEST OF WILLIAM C. FILER TO REVERSE THE
DECISION OF THE BOARD OF ADJUSTMENT OF MONROE
COUNTY, FLORIDA, WHICH UPHELD THE DECISION OF
CHARLES PATTISON, DIRECTOR OF BUILDING,
PLANNING AND ZONING, IN DENYING A FILL PERMIT
ON OCTOBER 28, 1985 FOR PROPERTY LOCATED ON
BIG TORCH KEY.
WHEREAS, on January 9, 1986, the Board of Adjustment of
Monroe County, Florida, upheld the decision of Charles Pattison,
Director of Building, Planning and Zoning, in denying a fill
permit on October 28, 1985 for the following described property:
Government Lot 4, Big Torch Key. Section 12, Township
66 South, Range 28 East. Zoned GU.
WHEREAS, William C. Filer has duly appealed said decision to
the Board of County Commissioners of Monroe County, Florida,
sitting as the Board of Appeals, and the Board having reviewed
the transcript of the January 9, 1986 hearing, having considered
the argument of all parties present wishing to speak on the
matter, and all premises considered, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, sitting as the BOARD OF APPEALS, as
follows:
1. The appeal of William C. Filer is hereby granted due to
the fact that the Board of Adjustment considered speculation as
to the need for the road, because the County Biologist concluded
that there would be no adverse impact on the environment, and
because Mr. Filer had agreed that he would restrict public access
to the property.
2. The January 9, 1986 decision of the Board of Adjustment
of Monroe County, Florida, upholding the decision of Charles
Pattison, Director of Building, Planning and Zoning, in denying a
fill permit on October 28, 1985 for the above-described property,
be, and the same is hereby reversed.
3. That said William C. Filer be, and he is hereby granted
a reversal of the decision of the Board of Adjustment of Monroe
County, Florida, which upheld the decision of Charles Pattison,
Director of Building, Planning and Zoning, in denying a fill
permit on October 28, 1985 for the above-described property.
4. That the Clerk is hereby directed to make available to
the Field Representative of the Department of Community Affairs a
certified copy of this resolution by certified mail to said Field
Representative, Post Office Box 990, Key West, Florida 33041,
return receipt requested.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, sitting as the Board of Appeals, at a
regular meeting of said Board held on the 16th day of April, A.D.
1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
AS THE BOARD OF APPEALS
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By
Mayor/Chairman
(SEAL)
Attest: DANNY
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