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Resolution 086-2013RESOLUTION NO. 086 2013 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JOHN W. & GLENDA AKINS AND JOHN K. AKINS R/S ON PROPERTY DESCRIBED AS LOTS 21 & 22, BLOCK 1, DOCTOR'S ARM, BIG PINE KEY SUBDIVISION ,FLORIDA RE # 00310220 - 000000 IN THE FORM OF RESTORATION OF FOUR FLOOD ZONE POINTS WHEREAS, John W. & Glenda Akins and John K. Akins R/S submitted an application for administrative relief under Sec. 138 -27 of the Monroe County Land Development Regulations; and WHEREAS, prior to the September 21, 2012, Board of County Commissioners meeting, the County received documents that indicated Carlayne Holloway has a contract for deed for the subject property as evidenced by a Memorandum of Contract for Deed (see Monroe County Public Records Book 2404, Page 842) and has an undetermined ownership interest in the subject property, but was unable to attend the hearin& and WHEREAS, the Board of County Commissioners continued the Administrative Relief hearing to the December 12, 2012, meeting; and WHEREAS, the matter was considered at a public hearing before the Monroe County Board of County Commissioners (BOCC) on December 12, 2012; and WHEREAS, the BOCC considered the staff report from Development Administrator Tiffany Stankiewicz and Senior Administrator of Environmental Resources Michael Roberts, along with the Exhibits A through W; and and WHEREAS, the applicant was notified of the hearing but was not in attendance; WHEREAS, Mr. Banks Prevatt appeared as the authorized agent for Carlayne Holloway and gave testimony on her behalf concerning reliance on the points as published by the Planning Department on the Monroe County website ; and WHEREAS, the public had an opportunity to speak; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: ADMINISTRATIVE RELIEF RESOLUTION FEB 20 2013 Page 1 of 3 RE# 00310220.000000 07100486 1. The application for administrative relief from John W. & Glenda Akins and John K. Akins R/S is for Lots 21 & 22, Block 1, Doctors Arm Subdivision, Big Pine Key in Monroe County, Florida having RE# 00310220- 000000. 2. The date of the ROGO application is 6/12/2007. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138 -27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138 -27(f) and may grant the applicant a building permit allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 1/9/2012, under Section 138 -27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. The relief requested was for the restoration of four (4) flood zone points which had been deducted from the ROGO application two years after its submittal, or a building permit allocation. 8. The BOCC does not have the authority to change the flood zone or flood maps (Flood Insurance Rate Maps) which are determined by the Federal Emergency Management Agency. 9. Monroe County Code Sec. 138 -28(6) determines the scoring of ROGO applications for the respective flood zones. The application was scored with no negative points as though it was in an AE flood zone for a period of two years, when the scoring was re -done to reflect the actual location of the parcel and construction in a V zone, requiring a deduction of 4 points. 10. Ms . Holloway relied on the ROGO rankings published as a result of the Planning Commission resolutions for a period of two years during which time she entered into a contract for deed with the applicant and expended funds for the acquisition of the parcel. 11. The relief requested by the applicant(s) is necessary and appropriate. 12. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLUTION FEB 20 2013 Page 2 of 3 RE# 00310220.000000 07100486 13. The subject property has the land use district designation of Commercial Fishing Special District 8 (CFSD 8), is located in the Doctors Arm Subdivision and is located in a Tier 2 designated area. 14. Monroe County Code (MCC) Section 138 -27(f) states that in granting administrative relief the Board may provide such other relief as may be necessary and appropriate, and finds that the restoration of the flood zone points is necessary and appropriate. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Administrative relief is granted to John W. & Glenda Akins and John K. Akins R/S, for Lots 21 & 22, Block 1, Doctor's Arm Subdivision, Big Pine Key in the form of reinstatement of 4 points deducted for the flood zone of the parcel after its initial scoring was in place for a period of two years. 2. This resolution is retroactive to December 12, 2012. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 20th day of february , 2013. Mayor George Neugent Yes Mayor Pro Tem, Heather Carruthers Yes Commissioner Danny L. Kolhage Yes M Commissioner David Rice Yes 4J Commissioner Sylvia Murphy Yes s ci BOARD OF COUNTY COMMISSIONERS �° -;`- OF MONROE COUNTY, FLORIDA W s� U- cl.r = - B � �� Mayo George Neugent ATTEST: AMY HEAVILIN, CLERK DEPUTY CLERK ADNH IISTRATIVE RELIEF RESOLUTION FEB 20 2013 RE# 00310220.000000 07100486 MONRO COUNTY ATTORNEY AP GVED At TO FORM Date: Page 3 of 3