Resolution 227-1987
RESOLUTION NO. 227-1987
RESOLUTION INTERPRETING SECTION 3-101 H-3
(HEIGHT DEFINITION) TO PERMIT A PORTION OF A
ROOF LINE TO EXCEED 35 FEET IN HEIGHT ON
BUILDINGS AS A SPIRE; PROVIDING SAID SPIRE
DOES NOT COVER MORE THAN ONE-THIRD OF THE
TOTAL ROOFING AREA AND DOES NOT EXCEED 44
FEET IN HEIGHT.
WHEREAS, Monroe County Building Permit #C-21282 issued
February 26, 1987, allows Owner, to construct an addition to a
single family residence; and
WHEREAS, Monroe County Permit #C-21282 authorizes the
construction of a portion of a building which exceeds the maximum
heights of 35 feet and has been interpreted to be a violation of
Section 9-403 of the Monroe County Land Development Regulations;
and
WHEREAS, the State of Florida Department of Community
Affairs (hereinafter referred to as the Department) appealed the
issuance of said permit pursuant of Section 380.07 (2), Florida
Statutes (1986), and Chapter 42-2, Florida Administrative Code;
and
WHEREAS, the Department and the Owner of the property which
was the subject of the building permit entered into an agreement
on April 24, 1987 setting forth the conditions necessary for the
Owner to continue construction; and
WHEREAS, paragraph three of said agreement permits the Owner
to request from the Monroe County Commission permission to
construct a portion of the roof on said building, being less than
one-third of the total roof as a decorative spire; and
WHEREAS, the Monroe County Commission desires to interpret
Section 3-101 H-3 for this particular Owner and other owners in
the same situation, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That in buildings hereinafter constructed in Monroe
County, Section 3-101 H-3, is hereby interpreted to mean that a
portion of the roof line of the building comprising one-third or
less of the total roof area of a building may exceed the 35 feet
maximum height as set forth in Section 9-403 of the Monroe County
Development Regulations as a spire, provided, that no such spire
shall exceed 44 feet in height and is not to be habitable.
2. 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 be certified 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, at a regular meeting of said Board held
on the ,f~~ day of June, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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R CH IRMAN
(SEAL)
A tte s t : DANNY 1... KOLHAGE, Clerk
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