Resolution 509-1991
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Board of Appeals
'91 NOV 27 1\10 :4U
RESOLUTION NO. 509-1991
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MONROE f:C':JH i
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A RESOLUTION BY THE MONROE COUNTY BOARD OF
COMMISSIONERS, SITTING AS THE BOARD OF
APPEALS, DENYING THE APPEAL FILED BY HEMI-
SPHERE EQUITY REALTY, INC. OF A DECISION BY
THE PLANNING COMMISSION TO SUPPORT THE
DECISION OF THE DIRECTOR OF PLANNING WHICH
DECLARED THE TAMARIND COVE MAJOR DEVELOPMENT
ORDER AND BUILDING PERMITS NULL AND VOID.
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WHEREAS, the Board of County Commissioners has heard argu-
ment by both the appellant and the staff with regard to the
Planning Commission's denial of the appeal of an administrative
decision by the director of planning; and
WHEREAS, the record has been reviewed and consists of the
Board of County Commissioners' appeal application, the transcript
from the June 20 and August 1, 1991, Planning Commission hear-
ings, the Planning Commission appeal application and the record
which was presented to the Planning Commission; and
WHEREAS, this Board finds that the transcripts which have
been presented are not verbatim and, therefore, any inaccuracies
or inadequacies must be held against the appellant under Florida
Statute 286.0105; and
WHEREAS, the appellant has failed to meet his burden of
proof by not showing how the Planning Commission had erred in
their decision; and
WHEREAS, the appellant has asked for a reduction of the fees
needed to be paid the County, and the Board finds that in this
instance, a unique hardship exists with regards to the fees
required and, therefore, agrees to charge only one notice fee for
the entire condominium; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, sitting as the Board of Appeals, that the
appeal of the Planning Commission decision, 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
20th ..._ day of
November
""
, A.D., 1991.
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
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Yes
Yes
Yes
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Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:~~~'~;;'~
ayor a rman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Date
FORM
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By