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 ,