Resolution 163-1991
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Board of Appeals
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RESOLUTION NO. 163 -1991
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MONROF LClUHl Y. FLt.,
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COMMISSIONERS, ON REHEARING, DENYING THE
APPEAL BY TOWN CENTRE OF ISLAMORADA, OF THE
PLANNING COMMISSION'S DECISION, WHICH
DETERMINED THAT THE APPELLANT'S DEVELOPMENT
ORDER 21-87 HAD BECOME NULL AND VOID.
WHEREAS, the Monroe County Development Review Coordinator,
in the normal course of development review, determined that
Development Order 21-87 had expired and was therefore null and
void as per the Monroe County Code; and
WHEREAS, the Monroe County Planning Commission in its review
of the Development Review Coordinator's decision, determined that
he had not erred by finding that the development order had
expired; and
WHEREAS, Town Centre of Islamorada has filed an appeal
before the Board of County Commissioners, which was denied; and
WHEREAS, this Board has held a rehearing into the matter,
and having heard the arguments of counsel with regards to this
matter, now, therefore,
WE, THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, sitting as the Board of Appeals, find as follows:
1. That the Appellant has the burden of showing that the
Planning Commission had erred in their earlier decision;
2. That the Appellant has not sustained his burden of
proof;
3. That the Appellant has failed to demonstrate that the
legal theory of Equitable Estoppel or Detrimental Reliance should
change the earlier decision of either the Planning Commission or
this Board; and
4. That the failure of the Appellant to provide evidence of
reversible error by the Planning Commission also requires that
this 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 Town Centre of Islamorada 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
14th day of
May
_, A.D., 1991.
Mayor Harvey Yes
}~yor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: -c;:;..~'.ll'..~~
Mayor/Gnairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
By