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Resolution 056-1985 ~ .~L _-;.,~__ Board of Appeals RESOLUTION NO. 056-1985 RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD OF MONROE COUNTY, FLORIDA, WITHOUT PREJUDICE, AND APPROVING THE REQUEST OF THE OFFICE OF JOE MIKLAS, ATTORNEY, TO REVERSE THE DECISION OF THE ZONING BOARD OF MONROE COUNTY, FLORIDA, GRANTING FINAL MAJOR DEVELOPMENT APPROVAL, FINAL DEVELOPMENT PLAN APPROVAL, FINAL COMMUNITY IMPACT STATEMENT APPROVAL AND FINAL CHANGE OF ZONING FROM RU-5 TO RU-3, ALONG WITH FIVE CONTINGENCIES BEING MET AND DIRECTING THE COUNTY ATTORNEY TO APPLY TO THE CIRCUIT COURT FOR AN ORDER RELEASING THE COUNTY FROM THE STIPULATION PREVIOUSLY ENTERED INTO FOR THE PROJECT KNOWN AS PLANTER'S POINTE. WHEREAS, on June 26, 1984, the Zoning Board of Monroe County, Florida, granted Final Major Development Approval, Final Development Plan Approval, Final Connnunity Impact Statement Approval and Final Change of Zoning from RU-5 to RU-3, along with five contingencies being met on the following described property: a parcel of land situated in County of Monroe, State of Florida, known as being parts of Lots 1, 2 and 3 in plat showing subdivision of property belonging to Absa10m Albury, et al., surveyed and platted by George McDonald, Surveyor, Plat Book 1 at Page 64; Part of the Survey of Burton properties recorded in Plat Book 2 at Page 89, Burton's Yacht Basin, as recorded in Plat Book 2 at Page 119 and Amended Plat of Portion of Burton's Yacht Basin recorded in Plat Book 3 at Page 98 and together forming a parcel of land bounded and further described by metes and bounds, AND TOGETHER WITH: That portion of the submerged parcel as described in T.I.I.T.F. Deed No. 22,575 (711-44) as recorded in Official Record Book 197, at Pages 6 and 7 of Monroe County, Florida, lying adjacent thereto. LESS THERE- FROM: Exception No.1) The Southeasterly half of Lot 8 and all of Lot 9 in Block 1 of Burton's Yacht Basin. Exception No.2) Lots 1, 2, 3, and 4 in Block 2 of Burton's Yacht Basin. Exception No.3) Lots 5, 6, 7, 8, and 9 in Block 3 of Burton's Yacht Basin, together with a strip of land 50 feet wide, west of, and adjoin- ing Block 3, and more particularly described by metes and bounds. Exception No.4) That part of above- described premises included within deed recorded in Official Record Book 331, Pages 11-12, being a revising in the right-of-way median of the Northbound lane of U. S. Highway No.1. Exception No.5) Right-of-way area for Burton's Drive, being a strip of land 25 feet wide on either side of the centerline of Burton's Drive. Exception No. 6A) A strip of land 300 feet wide, adjacent to and East of Old State Road 4A, in SE 1/4 and NE 1/4 and Lot 4, Section 27-62-38, extending from the South line of Lot 4, Plat Book 2, Page 64t to the north line of the SE 1/4 of the NE 1/4 of Section 27-62-38, also as shown on Plat Book 1, Page 64, excepting the right-of-way of Burton Drive. This project is known as Planter's Pointe. WHEREAS, the office of Joe Miklas, Attorney, has duly appealed said decision to the Board of County Connnissioners of Monroe County, Florida, sitting as the Board of Appeals, and the Board having reviewed the transcript of the June 26, 1984 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. That the June 26, 1984 decision of the Zoning Board of Monroe County, Florida, granting Final Maj or Development Approval, Final Development Plan Approval, Final Connnunity Impact Statement Approval and Final Change of Zoning from RU-5 to RU-3, along with five contingencies being met, be, and the same is hereby reversed. 2. That said office of Joe Miklas, Attorney, be, and is hereby granted a reversal of the decision of the Zoning Board of Monroe County, Florida, granting Final Maj or Development Approval, Final Development Plan Approval, Final Connnunity Impact Statement Approval and Final Change of Zoning from RU-5 to RU-3, along with five contingencies being met, on the above-described property. 3. That the County Attorney is hereby directed to make application to the Circuit Court of the 16th Judicial Circuit in and for Monroe County, Florida, for an Order releasing the County from the Stipulation previously entered into by the County in connection with the litigation of this matter. 4. That the Clerk is hereby directed to make available to the Field Representative of the Department of Connnunity Affairs a certified copy of this resolution 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 Connnissioners of Monroe County, Florida, sitting as the Board of Appeals, at a regular meeting of said Board held on the 20th day of February A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS THE BOARD OF APPEALS B ~:u.,~~... ~ ~ ~ y --., Mayor/Chairman (SEAL) Attest: b d"t'(d~~,,- S TO FOR~ilA /' APPROVED A Y. / rJD GAL SUFFICIE!!C . I 4~/f'\ AN. 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