Resolution 363-1985
Board of Appeals
RESOLUTION NO. 363-1985
RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD OF MONROE COUNTY, FLORIDA,
WITHOUT PREJUDICE, AND APPROVING THE REQUEST
OF LARGO BAYSIDE, INC. D/B/A LANDINGS OF
LARGO TO REVERSE THE DECISION OF THE ZONING
BOARD OF MONROE COUNTY, FLORIDA, IN REFUSING
TO HEAR THEIR REQUEST FOR A CHANGE TO AN
EXISTING P.U.D./MAJOR DEVELOPMENT AND PASSING
A MOTION CONSIDERING THE CHANGE REQUESTED TO
BE A MAJOR CHANGE TO THE DEVELOPMENT PLAN AS
OPPOSED TO A MINOR CHANGE.
WHEREAS, on November 6, 1985, the Zoning Board of Monroe
County, Florida, refused to hear a request for a change to an
existing P.U.D./Major Development and passed a motion considering
the change requested to be a major change to the development plan
as opposed to a minor change for the following described
property:
Easterly half of Lot 11, except the West 107 feet
thereof and all of Lot 12 of George L. McDonald's
Subdivision of U.S. Government Lots 5 and 6, and the NW
% of the NW % of Section 5, and Lots 1 and 2 of Section
6, Township 62 South, Range 39 East, according to the
the Plat thereof, as recorded in Plat Book 1, Page 59
and the existing shoreline of Florida Bay, as more
particularly delineated and described in that survey
prepared by Bailey, Glass and Post of Florida Bay
Estates, Inc. dated 5/25/72, Located in Key Largo on
U.S. #1 at Mile Marker 98.
WHEREAS, Largo Bays ide, Inc. d/b / a Landings of Largo 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 November 6, 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. That the November 6, 1985 decision of the Zoning Board
of Monroe County, Florida, refusing to hear a request for a
change to an exis ting P . U. D. /Maj or Deve lopmen t and pas sing a
motion considering the change requested to be a major change to
the development plan as opposed to a minor change, be, and the
same is hereby reversed.
2. That said Largo Bayside, Inc. d/b/a Landings of Largo
be, and it is hereby granted a reversal of the decision of the
Zoning Board of Monroe County, Florida, refusing to hear a
request for a change to an existing P.U.D./Major Development and
passing a motion considering the change requested to be a major
change to the development plan as opposed to a minor change for
the above-described property.
3. That the Board of Appeals finds that there is sufficient
evidence in the record to support the finding that the request
was a minor change as contemplated by Article XI of Chapter 19 of
the Code of Ordinances of Monroe County, Florida.
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 20th day of December,
A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AS THE BOARD OF APPEALS
By
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Mayor/Chairman ~
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND GAL S~FF1C/~
BY AttarneY8 Office P-f
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