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Resolution 238-1992 Board of Appeals FILED ~ (IF RECrmf' '92 APR 30 A 8 :30 RESOLUTION NO. 238 -1992 ;)f\rtri ":c-A RESOLUTION BY THE MONROE COUNTY BOARD OF CL"',:\ "J COMMISSIONERS, SITTING AS THE BOARD OF ~laNRO> r (Ii iN j ( H.tJ\PPEALS, DENYING THE APPEAL FILED BY ROBERT C. STOKY AND RUTH C. STOKY SEEKING TO OVERTURN FEMA COORDINATOR DIANE BAIR' S , INTERPRETATION OF THE MONROE COUNTY FLOODPLAIN ORDINANCE CONCERNING PROPERTY LOCATED AT MM104, KEY LARGO, MONROE COUNTY, FLORIDA. WHEREAS, Dianne Bair, in a memorandum dated December 2, 1991, concluded that the Stoky's glass enclosure and air conditioning, which exceeded the 480 square foot enclosure approved in their 1986 variance, is in violation of Sec. 9.5-317(2) of the Floodplain Management Ordinance, and an application for a variance to enclose the additional area would be in violation of the FEMA and County Variance Criteria; and WHEREAS, Robert C. Stoky and Ruth C. Stoky appealed said decision to the Board of County Commissioners, on the basis that the sliding glass doors and air conditioning should be permitted because they are not "new construction" or "cumulative substantial improvements;" and WHEREAS, this Board has heard the argument from counsels for both the Appellant and Respondent and having reviewed the record of the appeal; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF APPEALS, that: 1. Ms. Bair was correct in her interpretation that the Stoky's glass enclosure and air conditioning, which exceeded the 480 square foot enclosure approved in their 1986 variance, is in violation of Sec. 9.5-317(2) of the Floodplain Management Ordinance, and an application for a variance to enclose the additional area would be in violation of the FEMA and County Variance Criteria; and 2. The Appellant failed to prove that an after-the-fact permit should be granted for new construction; and 3. The Appellants therefore have not sustained their burden of proof by showing that Ms. Bair had erred; and 4. Therefore, the Appeal of Robert C. Stoky and Ruth C. Stoky 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 22nd day of Apri 1 , A.D., 1992. Vote at Hearing on 3/31/92 Vote for this Resolution Mayor Harvey Mayor Pro Tem London Commissioner Cheal Commissioner Jones Commissioner Stormont No Yes Yes Yes Yes Mayor Harvey Mayor Pro Tem London Commissioner Cheal Commissioner Jones Commissioner Stormont No Yes Yes Yes Yes (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY:~V ~ Dep r~-:1- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~'~.''''N~ t,h;;r~ ..... ~ Mayor/C airman ~ By Date I ,