Resolution 074-1992
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Board of Appeals
"92 FEB -6 A8 :19
;'~ RESOLUTION NO. 074 -1992
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MOHR(rt \'(lLIN:1. r-U, 'A RESOLUTION BY THE MONROE COUNTY BOARD OF
COMMISSIONERS, SITTING AS THE BOARD OF
APPEALS, GRANTING THE APPEAL FILED BY MARK
KAMlLAR, ET AL. OF A PLANNING COMMISSION
RESOLUTION WHICH SUPPORTED THE PLANNING
DIRECTOR'S ISSUANCE OF DEVELOPMENT ORDER NO.
13-89, ISSUED TO JAMES BRUCE, ALLOWING THE
CONSTRUCTION OF A 22 UNIT MOTEL.
II ML L
WHEREAS, the Board of County Commissioners has heard argu-
ment from representatives for the appellant, the appellee, and
the County with regard to the Planning Commission's support of
the minor conditional use approval granted by the Director of
Planning in Development Order No. 13-89; and
WHEREAS, the record before this Board has been reviewed and
includes 1) the application for an administrative appeal, 2) the
Planning Commission Resolutions No. 15-91 and 41-91, 3) the
Planning Commission meeting transcripts (May 9, 1991 and June 20,
1991), 4) the application for development approval, 5) the Minor
Conditional Use Development Order No. 13-89, 6) the record as
submitted to the Director of Planning, and 7) the record as
submitted to the Planning Commission; and
WHEREAS, the record affirmatively reflected that the
proposed project was not consistent with the purposes, goals and
objectives pursuant to the requirements of Sec. 9.5-65(a), Monroe
County Code; and
WHEREAS, the project failed to be consistent with the local
community character as required by Sec. 9.5-65(b), Monroe County
Code, in that the proposed development was a structure for
multiple occupancy although surrounded by single-family
residences which dominate the community character; and
WHEREAS, the placing of the 22 unit motel in the residential
area as afore-described would have significant adverse effect on
the value of surrounding properties and that this factor was not
considered as required by Sec. 9.5-65(d), Monroe County Code; and
WHEREAS, the lack of adequate public facilities and services
was not taken into account by the Planning Commission as required
by Sec. 9.5-65(e), Monroe County Code, and that such factor was
not considered by the Planning Official; and
WHEREAS, the project does not foster and preserve public
health, safety, comfort and welfare in view of the foregoing as
required Sec. 9.5-1, Monroe County Code; and
WHEREAS, the project was not appropriately set back from the
shoreline as required by Sec. 9.5-286, Monroe County Code, and
that this factor was not considered by the Planning Official; and
WHEREAS, the water treatment facilities proposed were
inadequate and did not conform to the requirements of Sec.
9.5-294, Monroe County Code; and
WHEREAS, there was insufficiency of off-street parking as
required by Sec. 9.5-351, Monroe County Code; and
WHEREAS, for all of the above reasons, the Board of County
Commissioners has found that the requirements of basic minor
conditional use have not been adhered to; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, sitting as the Board of Appeals, that the
appeal of MARK KAMILAR, et a1. is hereby GRANTED and the Planning
Commission's Development Order No. 13-89 is hereby overturned.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 29th
.
day of ..
January
v --
, A.D., 1992.
Vote at Hearing on 1/7/92
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Vote for this Resolution
Yes
1es
'flea
. Yes.
1es-
-.. 1lII..
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
Yes
L Yes
..1.;i.
y~s
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
-.- .' ~\ ~
By : -""~ ~ 1I ~ J "w-....~ '\ t..--.~ '
Mayor/Chairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
viappeal1l