Resolution 243-1983
RESOLUTION NO.243-l983
RESOLUTION UPHOLDING/~~W& THE DECISION
OF THE ZONING BOARD OF MONROE COUNTY, FLORIDA,
WITHOUT PREJUDICE AND ~/DENYING THE
REQUEST OF JOSEPH M. BURTON, M.D. AND MIRIAM
B. HOOD TO REVERSE THE DECISION OF THE ZONING
BOARD OF MONROE COUNTY, FLORIDA, DENYING A
CHANGE OF ZONING FROM RU-5 TO RU-3.
WHEREAS, the Zoning Board of Monroe County, Florida, on
May 23, 1983, denied a change of zoning from RU-5 to RU-3,
Preliminary Major Development Approval, Community Impact
Statement Approval, Preliminary Development Plan Approval, and
Preliminary Environmental Designation Survey Approval 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 belong to Absalom 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;
LESS THEREFROM:
Exce~tion No.1:
Lot in Block 1
Exception No.2:
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 adjoining 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 Records 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~ of NE~ and Lot 4,
Section 27-62-38, extending from the South line of Lot 4,
Plat Book 2,Page 64, to the north line of the SE~ of the NE~
of Section 27-62-38, also as shown on Plat Book 1, Page 64,
excepting the right-of-way of Burton Drive.
Note: Johnson Drive less that portion of the 25' half
right-of-way adjacent to exception No. 2 and all of First
Street as shown on the "Amended Plat of Portion of Burton's
Yacht Basin", P.B. 3, PG. 98 together with the Tavernier
Road as shown on "Revised Plat of a part of Tavernier Villas
and Plat of Survey of the Burton Properties, Key Largo,
Monroe County, Florida", P.B. 2, PG. 89 are proposed to be
vacated by Monroe County Resolution.
The southeasterly half of Lot 8 and all of
of Burton's Yacht Basin.
Lots 1, 2, 3 and 4 in Block 2 of Burton's
WHEREAS, Joseph M. Burton, M.D. and Miriam B. Hood 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 April 23, 1983
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 decision of the Zoning Board of Monroe County,
Florida, of April 23, 1983, denying a change of zoning from RU-S
to RU-3 as requested by Joseph M. Burton, M.D. and Miriam B. Hood
be, and the same is hereby upheld/x~X2XS~B.
2. That the said Joseph M. Burton, M.D. and Miriam B. Hood,
be and they are hereby gxaaX&B/denied a reversal of the decision
of the Zoning Board of Monroe County, Florida, denying a change
of Zoning from RU-S to RU-3 on the above described property.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 19th day of August
, A.D. 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(} Cl-! ~ d,
'",,'~ r1~ _ ..::>//~.
(/'r/C a rman
(SEAL)
Attest: RALPH Vi. \~IUT[, CLERK
\\'yM' P~I/l.L.
BY