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Resolution 006-1992 F' [ r r r.~'~' ", r- i' '1" n I _ t'~_:,) ,. j ,: " -, ~-. .' t __,: ._":. ~ "('7 1'\ 11 1~' n p .r, ,-' ')1_ dilll, J ,':..I.l ,,( Planning Department RESOLUTION, NO. 006 -1992 A RESOLUTION; CONFIRMING THE ADMINISTRATIVE BOUNDARY INTERPRETATION~ OF THE. , PLANNING DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY INTERPRETATION NUMBER 81, LOT 14, RAE.S. CUDA CANAL, KEY LARGO, MONROE, COUNTY, FLORIDA., APPROXIMATELY MILE MARKER 95. WHEREAS, the property described as Lot 14, Raes Cuda Cana~, Key Largo, Monroe County, Florida, is currently zoned Suburban Commer- cial (SC); and WHEREAS, the staff., reconunends approvaL of. the, bOUndary changes as indicated in Staff Recommendation by Tiffany Stankiewicz dated November 18, 1991; and WHEREAS, the current Land Use dis.trict bOlltJn~r-ies which. indicate that the property is Suburban Commercial (SC), were placed in error with the adoption of the September. 15, 1986, Land, Development Regula tions , and therefore. the subsequent. maps. were also. in error:, as they did not follow. the previous~y demarcated Improved Subdivi- sion (IS) bOUndary; and NOW, THEREFORE BE, IT RESOLVED BY THE: BOARD OF: COUNTY~ COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: 1) The action of the Planning Director, which recommends'approv- al of a boundary change. in Land Use District Map Boundary Interpre- tation Number 81, dated December~, 1991, is hereby found to be in conformance with the standards set forth in Section 9.5-3(rn), -. Monroe County Code.; and is therefore approved; and that 2) The above described property should have' been originally designated as Improved. Subdivision (IS) and not Suburban Commercial (SC) as currently indicated; and that 3) The above conclusion of law, is predi.cated upon the- finding of facts and conclusions outlined in the staff recormnendation,which this Board herehy adopts as its own. 4) The Clerk of the Board is hereby directed to forward a certified copy of this Resolution to the Monroe County Planning Department. 5) The Clerk of the Board is hereby directed to forward a certified copy of, this resolution, to the Florida Department of Community Affairs. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at regular meeting of said Board held on: the 7th day of January , A.D., 1992. Mayor Harvey Yes Mayor Pro Tern London Yes Commissioner. Cheal Yes Commissioner. Jones Yes Commissioner Stormont Yes BOARD OF COUNTY COMM~SSIONERS OF MONROE COUNTY, FLORIDA By: . .. ~ \.U.~".J "A h~~ ,_ ... ~ ~ Mayor/Chairman , (SEAL) Attest: Danny L. Kolhage, Clerk By: .,. 2 To From Through OK~ ~ETrY ~o~~ ~~E (305) 294-4641 BOARD OF COlm.. I ~OMMISSIONERS MAYOR, Wilhelmina Harvey, District 1 Mayor Pro Tern, Jack London, District 2 Douglas Jones, District 3 A. Earl Cheal, District 4 John Stormont, District 5 M E !!1 0 _R A li__D U ~ Board of County Commissioners Lorenzo Aghemo, Planning Director ~ Robert Herman, Growth Management Director~' Reference Boundary Interpretation #81 Date December 20, 1991 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- I have reviewed the Land Use District Maps and the complete file from the attached boundary determination No. 81, and consid- ered the recommendation submitted by Tiffany Stankiewicz, Planning Technician. And pursuant to Section 9.5-24(a) I have interpreted that the boundary line for the property legally de- scribed as Lot 14, Raes Cud a Canal, Key Largo, Monroe County, Florida is in the Improved Subdivision Land Use District and not in the Suburban Commercial Land Use District. From: MEMORANDUM Lorenzo Agehmo, Planning Director ;~/ Tiffany Stankiewicz, Planning Technician'>2~_ l/ l// / " /11/ November 18, 1991 ( ; To Date: RE: Boundary Determination *81, Key Largo Boundary Determination application for Lot 14, Rae's Cuda Canal, Key Largo has been completed. Listed below are the recommended findings & conclusions. I I SUMMARY OF INFORMATION AND DOCUMENTARY EVIDENCE (ATTACHED)_ Application by David Groover. A copy of the Land Use District Map PROPOSED. A copy of the REDI Strip Maps, 24th Edition, 1989, page 210. A copy of the REDI Aerial Photo Map Atlas from the 25 Edi- tion, dated 1990, at a scale of 1" = 600', page 88. A copy of Monroe County Zoning Maps Pre-September 15, 1986, page 308. A copy of the Land Use District Map signed by Charles Pattison, page 15. A copy of the Land Use District Map signed by Donald Craig, page 145. A copy of the Existing Conditions Map of the scale 1" = 2,000', page 6, dated July 2, 1985. III RECOMMENDED FINDINGS OF FACT The current Land Use District of the land is Suburban Commer- cial. The previous zoning (before September 15, 1986) of the prop- erty was BU-1. During the preparation of the Land Use District Maps, the the Board of County Commissioner specifically designated Lots 14, 15, & 16 of Rae's Cud a Canal in the PL category on June 25, 1985. The PL category is equivalent to the Improved Subdivision Land Use District. Lots 15 & 16 of Rae's Cuda Canal is currently in the Improved Subdivision Land Use District. Lot 14 of Rae's Cuda Canal is currently in the Suburban Commercial Land Use District. BGROOV.02/TXTDR,November 18, 1991 IV RECOMMENDED DETERMINATION The Land Use District Maps signed by Charles Pattison does not reflect the specific direction of the Board of County Commission- ers on June 25, 1985. Lot 14 of Rae's Cuda Canal should be placed in the Improved Subdivision Land Use District as where Lots 15 & 16 of Rae's Cuda Canal. Therefore, the boundary of Suburban Commercial was incorrectly placed on Lot 14. The Boundary Determination is recommended for approval. BGROOV.02/TXTDR,November 18, 1991 BOCC MINUTES JUNE 25, 1985 ( ( Df. 06~ owners of property twenty (20) days to submit further infor- mation to the County concerning claims of Vested Rights and also to provide that an additional twenty (20) days ~ould be established for Staff to examine the material and prepare a recommendation to be considered by the Board of County Co~missioners at a Public Meeting at 1:00 p.m. on August 21~t at Key Colony Beach City Hall following the regularly scheduled Board of Appeals meeting on that date. Motion carried unanimously. Board. Mr. West, representing JHT, Inc., addressed the Mr. Bob Krieter discussed Key Largo Ocean Shores in Location 316. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve the designation of Location 316 as SR and also indicate that this area would also be reviewed at the Vested Rights hearings on August 21st. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift ~layor Harvey Yes Yes Yes No Yes Motion carried. j Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to retain the PL designation for Location 314. Roll call vote was unanimous. 39. Citizen/adviser Ed Kloski discussed Planning Area Mr. and Mrs. Spencer Slate discussed Planning Area 37 which was made up of lots in Ocean Isle Estates Subdivision fronting on U.S. 1. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to designate the "Slaten Property, which includes an existing dive shop on U.S. 1 in Ocean Isle Estates Subdivision south of the intersection of State Road 905 on the ocean side, to SC. Roll call vote was taken with the following results: I / Mot;o, e,rr;.d. I Commissioner Commissioner Commissioner Commissioner Mayor Harvey Fahrer Freeman Stormont S \~ if t r10 Yes No Yes Yes Valeta LeGate also addressed the Board at this time concern i~1 ann ~~_~_~~~~}4"______h__ Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to accept Planner's recommendation t hat Lot s 14, 15 and 1 6 0 f Rae I s Cud a Can a 1 at Mil e /1 ark e r 95 on U.S. 1 be designated in the PL category. Roll call vote was taken with the following results: '- Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Nayor Harvey Yes Yes Yes No No ~~,'-'" ~., . 1 II -- .... --~~_..- .._,......----~ II / APPLI' r '"-" I FOR LAND USE DISTRICT MAP DETERMINATION /". ADDRESS: OAi.//?) 1. C; :)-c [-..), (.., ~O OcJeJL /J~ ~ LM/. 0 ~ R-m E... 1 ~ h fC- OtA PIE-R PHONE # If ~- / ":J -=t 0 y FL j~(I~~. /APPLICANT: / / AGENT: PHONE # L Ai<! E ( (f Ci RAJ F-R- . MM # 9~c;- ADDRESS: -.& S KEY: L 412 6 C' SUBDIVISION: (' U i) f) (' A.IJ A (... LOT(S) : /4- -L BLOCK ( S) : I S-<?c... 1'3 I W I.J ~"Z- RAJ -7 "'3 f PLAT BOOK: ~ PAGE: t...i..!::. OCEANSIDE: BAYSIDE: RE: # C)tJCf f?;j c.;. 00 - 000 0 v 0 MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) L r-:- r T 1"= i~, S c. '- I!" S ~ () REASON FOR REQUEST: 5<:_ TO /s REQUEST CHANGE FROM -u, PRESENT LAND USE: Ar: I\J 6. DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: ,A1 ,+ ~ -5' FEE OF $250.00 TO BE SUBMITTED WITH APPLICATION. CHECK OR MONEY ORDER IS PAYABLE TO THE MONROE COUNTY PLANNING DEPARTMENT. I HEREBY CERTIFY THE ABOVE I RMATION IS TRUE, COMP UNDERSTAND THAT THE SUBMISSI / O~~E INFORMATIO REVOCATION OF THE BOUNDARY ( -;jON. SIGNATURE (OWNER): ~ ~~. / I DATE: IJ. c- t - f I #BOUNDRY/TXTFORM, JAN. 11, 1991 --- c '.'T. DAVID W. GROOVER 29 SOUTH DRIVE KEY LARGO, FL. 33037 ...., SEPT. 27, 1991 MR. LORENZO AGHEMO, PLANNING DIRECTOR PUBLIC SERVICE BUILDING STOCK ISLAND WING #3 KEY WEST, FL. 33040-4399 RECEn/ED OCT 0 1 1991 BY M.G. PLAN DEPr J QY~-- DEAR MR. AGHEMO, BACK IN 1988, MR. RODRIGUEZ AND CHANGING THE ZONING ON MY LOT. COMMERCIAL AND WE WOULD LIKE TO SUBDIVISION. I WERE IN YOUR OFFICE TO SEE ABOUT IT IS ZONED (SC) SUBURBAN HAVE IT CHANGED TO (IS) IMPROVED IT IS THE ONLY LOT IN THE SUBDIVISION THAT IS ZONED (SC) SUBURBAN COMMERCIAL. THE TWO LOTS ARE ON EACH SIDE ARE (IS) IMPROVED SUBDIVISION, ALTHOUGH, THE ONE ACROSS THE STREET IS ALSO (SC) SUBURBAN COMMERCIAL. I FEEL THAT MY LOT BEING THE ONLY (SC) LOT IN THE SUBDIVISION THAT THE DIVISION ON THE MAP WAS PUT IN THE WRONG PLACE AND MY LOT SHOULD HAVE BEEN (IS) ALSO. I AM HEREBY REQUESTING THAT MY LOT BE CHANGED TO REFLECT THE (IS) IMPROVED SUBDIVISION ZONING THAT IT SHOULD HAVE BEEN IN THE FIRST PLACE. THANK YOU FOR YOUR CONSIDERATION. SINcEro:LY y- /~ #tM.-/!'J ~tnH7 DAVID W. GROOVER , , , , , , , , , , , , , , , RV v ,_,"",,1 ... , --J :-. , , , , , , , , , , , , , , , , , , , , " , , , , , , , , , , , , , , .' ~ , , , , , , , , , , , , , IS P......nt to Section 9.5-24CaU2Uh) of the Monroe County Code, the boundarle. of the Land Use DI.trlct Map are Interpreted to be located .s Indicated above and briefly de.crlbed aa: Remove the SC boundary on Lot 14, Raes Cuda Canal: ann then extend the IS boundary around Lot 14, Raes Cuda Canal as shown_ Director of Planning Sheet# 145 Key Larqo Date BOCC Re.olutlon N { 1-.400' CORRECTIVE Q\YY "" RV ~ , , , , , , , , , , , , , , , , , " " " , " " " " " " " " " " " " " " , , , , , , , , , .' IS " / " " " " " " " " " / " <# , , , >' :0..> " '", ',," "', , " , ,", " ,,, ... '..A ~ ' .ir:,' , " N Land Use District Maps Monroe County, Florida January 19,1988 Pane. or Sheet# 1 L1.l'i Applicant: David Groover Key: Largo . Flle# 81 f 1"=400 "'e Marker: 95 EXISTING - I ~'.t i",. #~.. t' ~"" "\ ~ ! ~:- I ! t ,~ ri hI' tzr~ ~~ ~t , b .' ~ Iii ~ ~~ "'''' ,;:t .... ~-...... I I if I ' I '" I lu I~ 1111$ ~I~ ~I", Ola: I o .1 ~ ~ 8 II! I, i~: l<A p"'''.....OISE POINT ~ N Strip Maps, Monroe County, Florida Real Estate Data, Inc. 24 Edltion,19 8q 1"=_ Panel or Sheet# 210 Applicant: David Groover Key: Lnrgo Flle# 81 Petie Marker: 95 i ' � _ _! r. '.' .---,.....„77.,,,- .1.•ig:',: ;7-- , �;7•. , f 'r� �t M . - ',,', *`,.' " 4 .—.. esi ''''1 '..s.1/4.- ' '. ‘4.115r, s.`4411),,, '� , -It ::, . „..�M"'ti d ' " ' Ilk i/' '.".....")1.0%, ,., ... 4 , .. .. . ,r 2 - ton - ° 4 l';:•:A--,•!,-.. .47.• ...-••%1,VI,?1,... , 4 -,, ,4<41ttol,.. N Aerial Maps, Monroe County, Florida Real Estate Data, Inc. 25 Edition,19 9n Panel or Sheet# 88 File# Ri Applicant: David Groover 1"=600' Key: Largo Mils Marker: g5 ~-... ~ ~-.., ~, ... , ~... .. ,.// .' /' ' ." ;~ /~ ; / I:~ . ,. , ,. 'II, l~ a N ~ # " .., ..r', ~ .I · ~ Monroe County Zoning Maps Pre-September 15,1986 . I 1"=200' J Pane. or Sheet# 308 AppU cant: David Groover Key: Larqo Flle# 81 Mile Marker: 95 1& sa / N 11 "=2000' I ( ---" w-~-w - l tit ~/ ~ ( q \ DovE KC:: 13 ,.-~ ( 9 . ',,-, 10 Existing Land Conditions Maps Monroe County, Florida July 2,1985 Panel or Sheet# 6 Applicant: David Gr;oover; Key.. T a~o Flle# 81 Mile Marker: qc:; _ IIJ__ --ii_IV "!i.1" .. " 't' I '\ J"-- J. ............ '--~ f~~'k, f! 011 " ~t9 : ( '- ~ "'- ~ I f .., <vI, /'~', / 0") ..... ~.. ! \. ~ --~-4 ? /~ I / / N / @ I 1"= 600' I David Groover Largo Mile Marker: 95