Resolution 598-1992
RESOLUTION NO. 598
-1992
RESOLUTION AFFIRMING THE DECISION OF THE PLANNING
COMMISSION REGARDING APPEAL BROUGHT BY JOHN BAIAMONTE,
SR.
WHEREAS, John Baiamonte, Sr. brought an appeal against the
granting of an after-the-fact building permit to Rob~t and .Rut~
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C. Stokey, and
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WHEREAS, the building permit was granted by the
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and
WHEREAS, the appeal to the Planning Commission fesulteg;, in ..:a
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2 to 2 tie, which is constructively an affirmance of the decision
of the Building Department, and
WHEREAS, the Board heard the argument of counsel for the
respective parties and counsel for the County and is otherwise
fully informed in the premises, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board does hereby affirm the
decision of the Planning Commission, which by virtue of a 2 to 2
tie is an affirmance of the Building Department's after-the-fact
Building Permit No. 91-3-3374, and whereas, the Board does
further find that there was no demonstration that there is a lack
of due process nor that there is a failure of competent
substantial evidence of record nor that the wrong law was applied
and therefore the permit holder is entitled to an affirmance of
this Board.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
9th
day of
December
. 1992.
Mayor London Yes
Mayor Pro Tem Chea' Yes
Commissioner Harvey Yes
Commissioner Freeman Yes
Commissioner Reich Yes
(Seal)
COUNTY COMMISSIONERS
COUNTY, FLORIDA
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ATTEST: DANNY L. KOLHAGE, CLERK
By~e.~~
Deputy 9l'erk
APPFjoPED .1 TO FORM
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