HomeMy WebLinkAboutResolution 512-1993
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Board of Appeals
'93 DEe 15 P12 :26
RESOLUTION NO. 512 -1993
Al RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE,':,C,OPNTY, FLORIDA, DENYING THE APPEAL OF SI AND
~l~tt~fBECcA" 'STERN AND DR. BARRY JACOBS AND UPHOLDING THE
PLANNING DIRECTOR'S DECISION TO GRANT A NOISE VARIANCE
TO OMEGA SECTOR, INC.
WHEREAS, on September 30, 1993, Omega Sector, Inc. requested
a variance to the Noise Control Ordinance, Article III, for the
production of the film entitled "True Lies" on property described
as State Road 4A, Section 14, Township 67 South, Range 27 East,
Lower Sugarloaf Key, Monroe County, Florida; and
WHEREAS, on October 25, 1993, the Planning Director granted
a Noise Variance to Omega Sector, Inc.; and
WHEREAS, Si and Rebecca Stern and Dr. Barry Jacobs appealed
said decision to the Board of County Commissioners; and
WHEREAS, this Board has heard the argument from both the
Appellants' Agent and the Respondents' Agent and has reviewed the
record of the appeal; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. The Board has determined that the balancing of the
advantages and the hardships as required by the Code was done
appropriately by the Planning Director and the County hereby
upholds those findings.
2. Omega Sector has voluntarily agreed to certain
additional concessions to the County and the adjacent landowners,
which are attached hereto and made a part hereof as Exhibit "A,"
which concessions, as amended, are incorporated into these
findings and are approved by this Board, subject to a review of
the insurance provisions.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 30th
day of
November
, A.D., 1993.
Vote at Hearing on 11/9/93:
Vote for this Resolution
Mayor London
Mayor Pro Tern Cheal
Commissioner Freeman
Commissioner Harvey
CommissronerReich
yes
yes
yes
yes
yes
Mayor London
Mayor Pro Tern Cheal
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
yes
yes
i;es
sent
yes
..
(~EA;L), ,
A"FTEST: DA~~'.'L. KOLHAGE, CLERK
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By: ...........~ c. ~-:t:.
. ..,. .... eputy Cler
COUNTY COMMISSIONERS
COUNTY, FLORIDA
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OMEGA SECTOR SOUND VARIANCE
PROJECT MODIFICATIONS AND CONDITIONS
The following project modifications and additional conditions are necessary for
environmental compliance and scheduling of film production and have been agreed to by Omega
Sector:
1. Movie production will occur on selected dates from November 16 through
December 18, 1993. The discharge of firearms and other simulated explosives will occur on
the Patch property primarily within a 10 day period to be set within these dates. Simulated"L_. .....
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miniature explosions will occur at a distance of 650' offshore from the ~ property...and will ~,\-
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result in noise of a few seconds in duration and will occur between the hours of 11 :00 a.m. to"" ~ -...
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4:00 p.m. Omega Sector shall notify the public of the specific dates and times of simulated
explosions and use of firearms by posting a schedule on site and within the period of this
variance by notifying persons who have contested this variance by telephone in advance prior
to occurrence. All neighboring property owners who wish to be notified shall register their
names and telephone numbers with the Monroe County Planning Department.
5. The warehouse building shall not be exploded.
6. At all times during filming of special effects and explosions', Monroe County Fire
Department personnel shall be on-site.
7. All debris from special effects and explosion.s shall be contained on-site, collected
and disposed in accordance with applicable federal, state and local statutes and regulations.
8. No fixed-wing aircraft shall be used at the Patch property, however, helicopters
shall be permi tted.
9. All construction at the Patch property shall occur during daylight hours.
EXHIBIT "A"
10. An all-risk insurance policy of $5,000,000.00, naming Monroe County as an
additional insured, shall be required.
11. No production shall occur on the Thursday of Thanksgiving, November 25, 1993.
12. The building constructed on the Patch property shall be removed by January 31,
1994.
13. Omega Sector shall obtain a fireworks permit for simulated explosions.
14. All explosions shall take place at, or originate from the ground or ground level.
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