Resolution 017-1991
ED fe''' RECORD RESOLUTION NO. 017 -1991
1\1~ 16 rr\ '3 GO A RESOLUTION BY THE MONROE COUNTY BOARD OF COMMISSION-
J _ ERS DENYING THE APPEAL BY EWING/WARDELL OF THE PLANNING
'r I, oU\i\Gt. COMMISSION'S DECISION TO GRANT THE ORIGINAL APPEAL, OF
,),\' \ 't - (' \. 0 c1. JAY MILLER, ET AL. AND THE MONROE COUNTY SCHOOL BOARD,
CL,,~.:~I~'N1'(JLAWICH OVERT1MN"ED THE PLANNING DIRECTOR'S ISSUANCE OF
)\iROc. C'J DEVELOPMENT ORDER NO. 04-89, FOR THE DEVELOPMENT OF A
CONVENIENCE STORE AT WOODS AVENUE.
WHEREAS, the Director of Planning issued Development Order
No. 04-89, which provided for the development of a convenience
store as a minor conditional use, and
WHEREAS, the Monroe County Planning Commission heard the
appeal of Jay Miller, et al., and the Monroe County School Board,
who alleged that the Development Order had been issued in error,
and
WHEREAS, the Planning Commission, by their Resolution No.
83-90, upheld the appeal and made findings of facts and conclu-
sions of law which supported the finding that the original
Development Order No. 04-89 had been issued in error, and
WHEREAS, Ewing/Wardell filed an appeal of the Planning
Commission's decision to this Board, and
WHEREAS, this Board having heard the arguments of counsel
with regards to this matter, now, therefore,
WE, THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
sitting as the Board of Appeals, find as follows:
1. That the Appellants have the burden of showing that the
Planning Commission had erred in their earlier decision, and
2. That the Appellants have not sustained their burden of
proof, and
3. That the failure of the Appellants to provide evidence
of reversible error by the Planning Commission requires that the
appeal be denied.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the appeal filed on
behalf of the Ewing/Wardell "Woods Avenue" project is hereby
DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 9~
day of ,,},,>> JI Lf,.. 'j
, 1991.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~":;:~~n ~
(Seal)
Attest : DANNY L. KOLHAGE, Clerk
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