Resolution 429-2004
County Attorney
RESOLUTION NO. 45.4 -2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, APPROVING A BENEFICIAL USE
DETERMINATION RECOMMENDED ORDER UPON THE
APPLICAnON OF RICHARD AND JOYCE FARMER
WHEREAS, a Special Master has issued a Beneficial Use Determination
Recommended Order upon the application of Richard and Joyce Farmer; and
WHEREAS, the Board of County Commissioners must take action on said
Recommended Order; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. Authoritv to Act. Pursuant to Section 9.5-174, Monroe County Code,
the Board of County Commissioners is the authority to approve, deny, or modify a
Beneficial Use Determination Recommended Order issued by a Special Master. The
decision by the Board of County Commissioners shall be made during a public
hearing at which the public shall be given a right to be heard and make arguments
for or against the proposed Determination. A duly noticed public hearing on this
matter was held on December 15, 2004.
2. Procedural Findinas. The Board of County Commissioners finds
from the record that Special Master John J. Wolfe conducted the Beneficial Use
Determination hearing on April 15, 2004, and said Special Master issued his written
Beneficial Use Determination Recommended Order on August 25, 2004. The Board
further finds that the Special Master conducted the evidentiary hearing in a manner
consistent with Article VI, Monroe County Code, and the Year 2010 Comprehensive
Plan. A copy of the Special Master's Recommended Order and its' Attachment A is
hereby appended to, and made a part of, this Resolution.
3. ADDroval and AdoDtion of Findinas of Fact. The Board of County
Commissioners hereby APPROVES the Findings of Fact numbered 1 through 6 as
contained in the Recommended Order and ADOPTS the Findings of Fact as the
findings of the Board.
4. ADDroval and AdoDtion of Conclusions of Law. The Board of
County Commissioners hereby APPROVES the Conclusions of Law numbered 7
through 11 as contained in the Recommended Order and ADOPTS the Conclusions
of Law as the conclusions of the Board.