Resolution 510-1991
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MONROF
i~'O :l\(J A RESOLUTION BY THE MONROE COUNTY BOARD OF
- COMMISSIONERS, SITTING AS THE BOARD OF
; APPEALS, DENYING THE APPEAL OF THE OCEAN
dH: r \'l,~POINTE COMMONS ASSOCIATION'S APPEAL OF
PLANNING COMMISSION RESOLUTION NO. 17-91.
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RESOLUTION NO. 510_1991
L r
'91
WHEREAS, the Board of County Commissioners has heard argu-
ment by both the appellant and the staff with regard to the
Planning Commission's decision below; and
WHEREAS, the record has been reviewed and consists of the
appeal application, the transcript from the Planning Commission
hearing, the Planning Commission's Resolution No. 17-91, denying
the request for an lIe Alcoholic Beverage Use permit and the
alcoholic beverage application which included the old zoning
board's Resolution No. 84-6; and
~ffiEREAS, the Board does agree with the appellant's arguments
that the findings of fact made by the Planning Commission with
regard to traffic and noise, were not supported by expert testi-
mony sufficient to rebut the testimony of the appellant's expert;
and
WHEREAS, this Board finds that the appellant had offered no
proof that they had been granted an alcoholic beverage approval
under the old Code; and
WHEREAS, this Board finds that an alcoholic beverage ap-
proval should have been applied for concurrently with the origi-
nal development approval; and
WHEREAS, this Board finds that even when not using the
traffic and noise criteria, used by the Planning Commission,
there are still sufficient grounds for denial of the llC
(Cabana/Club License, Beer, Wine and Liquor) Alcoholic Beverage
Use permit, which support the Planning Commission's denial; and
WHEREAS, the Board specifically endorses the finding by the
Planning Commission that the original major development has been
expanded in scope and now constitutes a non-conforming use, which
may not be expanded by the issuance of an alcoholic beverage
permit; and
WHEREAS, the Appellant has not sustained its burden of proof
by showing that the Planning Commission's decision was in error;
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's denial of the 11C Alcoholic
Beverage Use Permit 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 _".",~Ql~_... day of
November
" A.D., 1991.
Mayor Harvey Yes
Mayor Pro Tem London 11" l..es
Commissioner Cheal y~
Commissioner Jones -
~s
Commissioner Stormont ....
Y~s -
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
By: \"J".t>~'~~~
Mayor/Cnairman
ATTEST: DANNY L. KOLHAGE, CLERK
By
BY:~~,
epu er
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Dale