Resolution 185-1992
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Board of Appeals
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RESOLUTION NO. 185-1992
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A RESOLUTION BY THE MONROE COUNTY BOARD OF
COMMISSIONERS, SITTING AS THE BOARD OF
APPEALS, REMANDING THROUGH THE PLANNING
COMMISSION TO THE DEVELOPMENT REVIEW
COMMITTEE (DRC), THE APPEAL FILED BY WIL DOR,
INC., OF THE PLANNING COMMISSION'S DECISION
(RESOLUTION NO. 40-91) WHICH UPHELD THE
ISSUANCE OF DEVELOPMENT ORDER 13-91, GRANTED
BY THE DIRECTOR OF PLANNING TO SHELL OIL
COMPANY, TO CONSTRUCT A CONVENIENCE STORE AND
GAS STATION ON PROPERTY LOCATED AT 99801
2YE~SEAS HIGHWAY. KEYL.1ARGO. FLORIDA.
WHEREAS, the Director of Planning, in Development Order
#3-91, granted Shell Oil Company approval to constnlct a
convenience store and gas station on property located at 99801
Overseas Highway, at the corner of U.S. Highway #1 and Ocean
Drive, Section 28, Township 61S, Range 39E, Tallahassee Meridian,
Key Largo, Florida; and
WHEREAS, Wil Dor, Inc. appealed said decision to the
Planning Commission, on the basis that county staff, in their
original review of the project, failed to follow the requirements
of the Monroe County Code ("Code"); and
WHEREAS, the Planning Commission, on September 12, 19 and
24, 1991, eventually denied that Appeal on the grounds that there
was insufficient evidence provided to sustain a revocation of the
development order and therefore upheld Development Order 13-91 as
granted by the Director of Planning; and
WHEREAS, this Board has heard argument from the counsels for
both the Appellant and Respondent and has reviewed the record of
the appeal along with the transcript of the Planning Commission
hearing; and
WHEREAS, this Board finds that the evidence submitted is
sufficient to find that staff's review was inadequate, by law,
and hereby remands this matter back to staff for further review
consistent with this decision; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF APPEALS, that
this Board hereby remands this matter to the Planning Commission,
so that they remand it to the Development Review Committee (DRC),
for further hearing consistent with this decision.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
1 s t
.... day of
Apr i 1
..
>.J , A.D., 1992.
Vote at Hearing on 3/10/92
Vote for this Resolution
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Not Qresent
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es
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Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
WLy*S~~
Yes _
Yes
,Ye~ d....
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: -4Z1. ~~. ..
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'-layor/Chairman
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