Case Closed

Florida Keys Media LLC's 30 day window to appeal Judge Alexander's ruling has lapsed.

On Wednesday, June 1, Judge D. R. Alexander, within the Division of Administrative Hearings, State of Florida, issued his 30 page final order and summary:  Resolution denying application to construct a 199-ft commercial tower affirmed because of adverse effect on immediate vicinity and impact on value of nearby homes.

We will continue to monitor and address issues that concern the safety and wellbeing of the residents of our unique island community, and preserve and protect our way of life.
 
 

 

We Won....Again!!!!

Today, Judge D. R. Alexander AFFIRMED the Planning Commission's Resolution DENYING the placement of a 199 ft. tower in the middle of our island of Upper Sugarloaf!! 

Many thanks to USRA's attorney, Van Fischer,
land use consultant Jim Hendrick, 
and the many residents and friends of Upper Sugarloaf who rallied together to save our neighborhood!

Still Waiting on Judge's ruling

On Monday, May 16, at 3pm, the Appeal Hearing of Monroe Planning Commission Resolution No.P36-15 was held via video teleconference at the Marathon Government Center, 1st floor Media Room, 2798 US 1, MM50, bayside.

D.R. Alexander, the Administrative Law Judge (State of Florida, Division of Administrative Hearings) listened to oral arguments presented by attorneys:

 Lauralee Westine on behalf of Appellant, Florida Keys Media LLC

Steven Williams, on behalf of Monroe County Planning Commission

Van Fischer, on behalf of Upper Sugarloaf Residents Association

As of May 27, Judge Alexander has yet to make a ruling whether Planning Commission Resolution No. P36-15 should be affirmed, modified or reversed.

 

 

 

Our Position on the Proposed Tower Application

The Upper Sugarloaf Residents Association (USRA) was established to protect, preserve and enhance the unique community character of our island.  The USRA supports land uses that are compatible with our community, but opposes incompatible land uses, which would adversely impact our community.  The USRA opposed a proposed communications tower on our island because the proposed tower location is surrounded by over 250 homes and it would have forever dominated and spoiled the natural splendor of our island. The proposed tower would have irreparably degraded our quality of life and community character, and adversely impacted surrounding property values.  The USRA supports the Monroe County Planning Commission decision, which determined that the proposed tower was inconsistent with the Monroe County Code and Comprehensive Plan, and therefore an incompatible proposed land use.

On November 18, 2015, the Monroe County Planning Commission denied the request by Florida Keys Media, LLC, for a major conditional use permit to erect a new 199-foot monopole communications tower (with auxiliary substructures), in the heart of our island community of Upper Sugarloaf Key.  Monroe Planning Commission Resolution No. P36-15 denied the proposed tower on three counts: the tower would be inconsistent with community character, the tower would have an adverse effect of the value of surrounding properties, and the applicant failed to demonstrate that no existing wireless communications facility can accommodate the applicant’s proposed facility through either collocation or a combined antenna.

The Resolution further states: "The geographic nature of the archipelago that is the Florida Keys provides for the existence of individual island communities.  Each of these islands has their own distinct character, and it is difficult to evaluate and quantify this character without the assistance from those who are permanent members of these communities. Numerous residents of Sugarloaf Key assisted the Planning Commission in understanding the island's community and its character. "

The USRA is not against new towers, but opposes towers that would be incompatible with community character and inconsistent with the Monroe County Code and Comprehensive Plan.

On Monday, May 16, at 3pm, the Appeal Hearing of Monroe Planning Commission Resolution No.P36-15 will be held via video teleconference at the Marathon Government Center, 1st floor Media Room, 2798 US 1, MM50, bayside.