Resolution 056-1985
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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
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