Resolution 236-1991
Monroe County Commission
RESOLUTION NO. 236-1991
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A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TO UPHOLD THE APPEAL
FILED BY SHIRLEY MART BENSON AND WILLIAM L.
THOMPSON OF THE APPROVAL BY THE DIRECTOR OF
PLANNING OF DEVELOPMENT ORDER 127 - 9 0 FOR A
MINOR CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF A FOURTEEN UNIT AFFORDABLE
HOUSING COMPLEX BY THE FLORIDA LOW INCOME
HOUSING ASSOCIATION.
WHEREAS, the Florida Low Income Housing Association has
applied for and received a Development Order (#27-90) for a Minor
Conditional Use permit to allow for the construction of a
fourteen (14) unit affordable housing complex on property
described as Lots 5, 6 & 8, and a portion of the East % of the
Northeast % of Section 26, Township 66 South, Range 29 East,
Tallahassee Meridian, Big Pine Key, at approximately mile marker
30 in Monroe County; and
WHEREAS, Shirley Mart Benson and William L. Thompson
appealed the issuance of that minor conditional use permit to the
Monroe County Planning Commission; and
WHEREAS, the Monroe County Planning Commission by their
Resolution No. 03-91, denied the Administrative Appeal of Benson
and Thompson; and
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WHEREAS, Benson and Thompson then filed this~ appealS with
regard to those actions; and
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WHEREAS, this Board has been presented and has received the
record of the earlier proceedings and having heard the argument
of counsel for both the Appellants and Respondents; and
WHEREAS, this Board has determined as a finding of fact, and
the record supports the conclusion that, the respondents had not
provided documentation or evidence that the applicant had the
financial and technical capacity to complete the development as
proposed as required by the Monroe County Code 59.5-65(f); and
WHEREAS, the applicant/respondent could not and had not
demonstrated that they had made ". . . adequate legal provision
to guarantee the provision and development of any open space and
other improvements associated with the proposed development," as
required by Monroe County Code 59.5-65(f); and
WHEREAS, this Board finds, and the record reflects that
neither the Director of Planning nor the Planning Commission made
sufficient findings of fact with regard to the justification for
allocating an affordable housing density increase pursuant to
Monroe County Code 59.5-266 and 9.5-4(A-5);
NOW, THEREFORE t BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding
findings of fact and conclusions of law, support their decision
to UPHOLD the administrative appeal of Shirley Mart Benson and
William L. Thompson, and overturn the approval of the Director of
Planning reflected in Development Order #27-90.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
16th day of
July
1991.
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
Yes
No
Yes
jq'ot
present
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By: ~.t.~Jl'-N'" '---,.- -' - '\
- Mayor/Chairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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