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Resolution 159-1993 "U; ., Board of Appeals RESOLUTION NO. 159 -1993 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, GRANTING THE APPEAL OF JOHN AND ALICE SCOTT AND REVERSING THE PLANNING COMMISSION'S DECISION WHICH UPHELD THE DECISION OF PAT MCNEESE, DIRECTOR OF ENVIRONMENTAL RESOURCES, IN DENYING A PERMIT APPLICATION FOR CONSTRUCTION OF A SEAWALL ON PROPERTY DESCRIBED AS LOTS 31 AND 32, BLOCK C, WHITE MARLIN BEACH SUBDIVISION, LOWER MATECUMBE KEY, MONROE COUNTY, FLORIDA. WHEREAS, on December 3, 1992, the Planning Commission denied the administrative appeal of John and Alice Scott (Resolution No. P44-92), and upheld the decision of Pat McNeese, Director of Environmental Resources, in denying a permit application for construction of a seawall on property described as Lots 31 and 32, Block C, Gulfview Drive, White Marlin Beach Subdivision, Section 20, Township 64 South, Range 36 East, Lower Matecumbe Key, Monroe County, Florida; and WHEREAS, John and Alice Scott appealed said decision to the Board of County Commissioners; and WHEREAS, this Board has heard the argument from both the Appellant and Respondent and has reviewed the record of the appeal; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follow: 1. The Board hereby grants the appeal of John and Alice Scott. 2. The Board hereby reverses the Planning Commission in that the Planning Commission erred in arriving at its conclusions as contained in paragraphs five and six of Planning Commission Resolution No. P44-92 in that significant erosion does exist on the shoreline and that the provisions of Sec. 9.5-345(m)(2)(b), Monroe County Code, allowing seawall and bulkheld construction to control erosion would apply. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 14th day of Apri 1 , A.D., 1993. Vote at Hearing on 3/23/93 Vote for this Resolution Mayor London Mayor Pro Tem Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich Yes No Yes Yes Yes Mayor London Mayor Pro Tem Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich yes yes yes yes yes (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: ~C. ~~ Deputy Cl~r COUNTY COMMISSIONERS OUNTY, FLORIDA viappea13 ,-':, IJ~,ts