Resolution 124-1986
Board of Appeals
RESOLUTION NO. 124-1986
RESOLUTION REVERSING THE DECISION OF THE
BOARD OF ADJUSTMENT OF MONROE COUNTY,
FLORIDA, WITHOUT PREJUDICE, AND APPROVING THE
REQUEST OF JAMES, BETTY, DELBERT AND CECILIA
CHAPLIN TO REVERSE THE DECISION OF THE BOARD
OF ADJUSTMENT OF MONROE COUNTY, FLORIDA,
WHICH DENIED THEIR REQUEST FOR A VARIANCE OF
20 FEET IN ORDER TO BUILD BOAT RACKS WITHIN 5
FEET OF THE WEST SIDE PROPERTY LINE ON
PROPERTY LOCATED ON KEY VACA.
WHEREAS, on December 17, 1985, the Board of Adjustment of
Monroe County, Florida, denied a reques t for a variance of 20
feet in order to build boat racks within 5 feet of the west side
property line for the following described property:
Part of Lots 1 & 2, bay bottom south of and adjacent to
part of Government Lots 1 & 2, Key Vaca. Located on
U. S. #1, Mile Marker 49.5, Section 10, Township 66,
Range 32. Zoned BU-2U.
WHEREAS, James, Betty, Delbert and Cecilia Chaplin have 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 December 17, 1985
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 requested by James, Betty, Delbert and
Cecilia Chaplin is hereby granted and the December 17, 1985
decision of the Board of Adjustment is hereby overturned on the
basis that the request does meet criterias 1 and 4 of the Monroe
County Code, upon which fact the Board of Adjustment denied the
request in error.
2. The December 17, 1985 decision of the Board of
Adjustment of Monroe County, Florida, denying a variance of 20
feet in order to build boat racks within 5 feet of the west side
property line for the above-described property, be, and the same
is hereby reversed.
3. That said James, Betty, Delbert and Cecilia Chaplin be,
and they are hereby granted a reversal of the decision of the
Board of Adjustment of Monroe County, Florida, denying their
request for a variance of 20 feet in order to build boat racks
within 5 feet of the west side property line 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
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(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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