Resolution 095-1992
FILED F nc: RL(~nP"
Board of Appeals
"92 FEB -7 P 2 :09
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MCJNRm: i r:UNA.y.lt~$PLUTION BY THE MONROE COUNTY BOARD OF
COMMISSIONERS, SITTING AS THE BOARD OF
APPEALS, DENYING THE APPEAL FILED BY GREG
LOMBARDI, OF PLANNING COMMISSION RESOLUTION
NO. 41-1990 (AND AMENDED RESOLUTION NO.
41-1990) WHICH FOUND THAT BUILDING PERMIT NO.
90-1-176, WHICH HAD BEEN ISSUED TO DAVID
CONNER FOR THE CONSTRUCTION OF A
SINGLE-FAMILY DWELLING, HAD NOT BEEN ISSUED
IN ERROR.
RESOLUTION NO.095 -1992
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WlIEREAS, the Building Department issued Building Permit No.
90-1-176 for the construction of a single-family dwelling; and
WHEREAS, Greg Lombardi appealed the issuance of that
building permit to the Planning Commission, on the basis that the
proposed residence was not in compliance with the County's
shoreline setback requirements; and
WHEREAS, the Planning Commission, on May 24, 1990, denied
that Appeal on the grounds that the Appellant had not proved that
the shoreline setback requirements had been misapplied; and
WHEREAS, this Board, on August 20, 1990, upheld Mr.
Lombardi's subsequent appeal of that decision, on the grounds
that while the shoreline had been shown to be altered, the Monroe
County Code required a showing of "lawful alteration" and
therefore upheld the appeal; and
WHEREAS, this Board, on January 31, 1991, was petitioned by
the Appellee's attorney for a reconsideration of our prior
decision on the grounds that the record reflected that the
Planning Commission had considered the "lawfulness" of the
shoreline alteration when they denied the Lombardi appeal; and
WHEREAS, this Board remanded the appeal back to the Planning
Commission for "perfection of the record" as to the lawfulness of
the shoreline alteration; and
WHEREAS, the Planning Commission on August 29, 1991, held a
hearing on that narrow issue, and have submitted to this Board
their findings as evidenced by the Amended Resolution No.
41-1990; and
WHEREAS, that Amended Resolution supports the contention
that the "lawful alteration of the shoreline" had been considered
at the original hearing, and that the subsequent testimony at the
August 29, 1991, hearing had confirmed that conclusion; and
WHEREAS, this Board having heard the argument from the
counsels for both the Appellant and Appellee and having reviewed
the record of the previous and current appeals along with the
transcript of the Planning Commissions "perfection of the record"
hearing; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF APPEALS, that:
1. Our original approval of the Lombardi appeal is
rescinded; and
2. That we find that the Planning Commission had
considered the lawfulness of the shoreline alteration at the
original hearing; and
3. The shoreline in question has been shown to be
"lawfully altered;" and
4. Therefore, the Appellant has not sustained his burden
of proof by showing that Building Permit No. 90-1-176 had been
issued in error; and
5. That the Appeal of Greg Lombardi is hereby DENIED.
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 ~, 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
No
Ves
Yes
No
Yes
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
No
~IV' es
... r M..~
Yes
No
_ Y~s
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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B : ... .. --' ~
y -- '" Mayor/Chairman /
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Date
By