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Resolution 271-2016k RESOLUTION NO. 271 —2016 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY MARK PETERSON ON PROPERTY DESCRIBED AS LOT 14, DOCTORS ARM SUBD 3RD ADD. SEC A, BIG PINE KEY, RE # 00312571.001500 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Mark Peterson submitted an application for administrative relief under Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan and Section 138 -27 of the Monroe County Land Development Code; and WHEREAS, Pursuant to Comp Plan Policy 101.7.1: A purchase offer is the preferred option for administrative relief, if the subject permit is for development located within: 1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel); 2. a designated Tier II or III -A (Special Protection Area); or, 3. a designated Tier III area on a non - waterfront lot for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Mark Peterson is for Lot 14, Doctors Arm Subd 3rd Add. Sec A, Big Pine Key in Monroe County, Florida having RE# 00312571- 001500. 2. The date of the ROGO application is 9/12/2012. 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 101.7.1 of the Monroe County Year 2030 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 Policy 101.7.1 and may grant the applicant a building ADMINISTRATIVE RELIEF RESOLUTION Page 1 Of 2 RE# 00312571.001500 12100011 I 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 8/16/2016, under Section 138 -27 of the MCC and Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan. 7. Policy 101.7.1 and Policy 105.2.8 of the Monroe County Year 2030 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 property and the applicable Tier designation. 8. The subject property has the land use district designation of Improved Subdivision (IS); is located in the Doctors Arm Subd 3rd Add. Sec A Subdivision; is located in a Tier 2 designated area; and is not within the Florida Forever acquisition boundary. 9. Monroe County Year 2030 Comprehensive Plan Policy 101.7.1 and Policy 105.2.8 states the Board may offer to purchase property as the preferred action for property located within Tier 2. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Mark Peterson, for Lot 14, Doctors Arm Subd 3rd Add. Sec A Subdivision, Big Pine Key in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19th day of October 2016. ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RE# 00312571.001500 12100011 Mayor Heather Carruthers Abstai Mayor Pro Tem George Neugent Yes -. c:) Commissioner David Rice Yes Commissioner Danny Kolhage Yes Commissioner Sylvia Murphy Yes U- C) Cl ' BOARD OF COUNTY COMMISSIONERS OF CJ � -J C- MONROE COUN , F RIDA CD N BY Mayor eat a arruthers 3 MONROE COUNTY ATTORNEY IT Y HEAVILIN, CLERK A ED AS FORM: G,p Y� S'T EVE ro T. WILL AMS ASSISTANT CO I��� ATTORNEY �1//� LERK �C- 3U. /(p Date / ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RE# 00312571.001500 12100011