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Item S07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 16.2009 Division: Growth Management Bulk Item: Yes - No X Department: Planning and Env. Resources Staff Contact/Phone #: Tiffanv Stankiewicz 289-2513 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Linda L. Knudsen on Lot 33, Block 8, Ocean Isle Estates, Key Largo, Real Estate Number 00540370.000000. ITEM BACKGROUND: A building permit was applied for on 4/12/2004 and a ROGO application was applied for on 10/8/2004. The applicant applied for administrative relief on 417/2009 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No - DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH Year APPROVED BY: County Atty 1L- OMBlPurchasing N/ A Risk Management N/ A DOCUMENT ATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION NO. -2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY LINDA L. KNUDSEN ON PROPERTY DESCRIBED AS LOT 33, BLOCK 8, OCEAN ISLE ESTATES, KEY LARGO, RE # 00540370.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Linda L. Knudsen submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; 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 Linda L. Knudsen is for Lot 33, Block 8, Ocean Isle Estates, Key Largo in Monroe County, Florida having RE# 00540370.000000. 2. The date of the ROGO application is 10/8/2004. 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 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 417/2009, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. 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. AOMlNISTRATNE RELIEF REsOLUTION Page 1 012 RE# 00540370-000000 04301640 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Ocean Isle Estates and is located in a Tier 3 designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Linda L. Knudsen, for Lot 33, Block 8, Ocean Isle Estates, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 138-27 of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on 10/12/2009 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners ofMomoe County, Florida at a regular meeting held on the 16th day ofSeDtember, 2009. Mayor George Neugent - Mayor Pro Tem, Sylvia J. Murphy - Commissioner Mario Di Gennaro - Commissioner Heather Carruthers - Commissioner Kim Wigington - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF REsOLUTION Page 2 on ~ 00540370-000000 0430]640 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, D6~ment Administra~ Janis Vaseris. Biologis ( Through: Townsley Schwab, Director of Planning & Environmental Resources-,p Date: July 24. 2009 Subject: Request for Administrative Relief for Knudsen Lot 33, Block 8, Ocean Isle Estates. Key Largo. Real Estate No. 00540370.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief, has complied with all requirements of the 4 dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly 5 allocations and has not received an allocation award. 6 7 Date Entered ROGO: 10/812004 8 9 Date Entered Administrative Relief: 41712009 10 11 Tier Score: 34 12 Tier 3: 30 13 Perseverance: 4 14 15 II. CURRENT CONDITIONS 16 17 Locadon: Lot 33 . Block 8, Ocean Isle Estates. Key Largo. Real Estate No. 00540370.000000 18 19 Owner: Linda L. Knudsen Applicant/Agent: N/A 20 21 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 22 23 Tier: 3 24 25 2008 Taxable Value: $58.800 Purchase Price in 2002: $95.000 26 Page 1 of2 Reviewed by7/-- 04301640 1 III. LEGAL ELIGIBILITY AND OPTIONS 2 3 Eligibility for Administrative Relief Options: 4 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 5 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 6 allocation award in the ROGO system may apply to the Board of County Commissioners for 7 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 8 all requirements of the dwelling unit allocation system and having been considered in at least the 9 first sixteen consecutive quarterly allocation periods, and not having received an allocation 10 award. The application was timely submitted for administrative relief in the form of one (1) 11 ROGO allocation award and has not expressed a desire to sell the property to the County. 12 13 Relief Options under Administrative Relief: 14 The remedies available to the Board of County Commissioners for Administrative Relief 15 pursuant to Section 1 38-27(f) include: 16 17 a. Offer to purchase the property at its fair market value as its preferred action if the 18 property is located within: a) a designated Tier I area; b) a designated Tier n area 19 (Big Pine Key and No Name Key); c) a designated Tier ill-A area (Special 20 Protection Area); or d) a designated Tier ill area on a non-waterfront lot suitable 21 for affordable housing. 22 b. Grant the applicant an allocation award for all or a number of dwelling units 23 requested in the next succeeding quarterly allocation period or extended pro rata 24 over several succeeding quarterly allocation periods as the preferred action for 25 buildable properties not meeting any of the criteria in (I) above. 26 c. Suggest or provide such other relief as may be necessary and appropriate. 27 28 In the event purchase is recommended and the owner refuses the purchase offer, the 29 applicant may remain in the ROGO System and continue earning perseverance points 30 according to Monroe County Code Section 138-28. 31 32 IV. RECOMMENDATION 33 34 It is recommended that the Board of County Commissioners find that the applicant has met the 35 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 36 adopted that establishes this relief awarding one (l) ROGO allocation in the next quarterly 37 ROGO allocation period which closes 10/12/2009, or a succeeding quarterly allocation period in 38 which administrative relief allocations are available. 39 Page 2 of2 Reviewed by ~ 04301640 L 33, B 8, Ocean Isle Estates, Key Largo R~: 00540370-000000 Applicant: Knudsen ( f [~~] O~~rv ~2~~E . 'J05 ~...~ Environmental Resources this map Is lor use by the .' ~~t~~ .. . Monroe 90unty G~ Management Division only. The data contained herein , ~J' Is not a !eoal repesentation ~M-i" of boundaries, parcels, roads right 01 ways or other [ PrtXecla:I Qpeci($] [ ~::-._=- ] geographical dala. [ FIcrida Forever ] Il'?22.I FL ""-' IIoUnury ] -,..... llIIo-8lo_ Property Search -- Monro. coO' Property Appraiser Q) Q) Page 1 of2 .. I Ervin A. Higgs, CFA office (305) 292-3420 Property Appraiser fax (305) 292-3501 Monroe County, Florida Property Record View Alternate Key: 1663867 Parcel 10: 00540370-000000 Ownership Details Malllnll Addreu: KNUDSEN LINDA l 7605 SW 135TH ST MIAMI, Fl 33156 Property Details PC Code: 00 - VACANT RESI DENTIAl Millage Group: 500K Affordable Housing: No Sectlon- Townshlp.Range: 06-61-<40 Property Location: KEV lARGO SUbdivision: OCEAN ISLE ESTATE Legal Description: BK 8 L T 33 OCEAN I SlE EST PBS-14 KEV lARGO OR345-401-402 OR920.1300DIC ORI804-322 OR 1804.323AFF Parcel Map 70 .. $40380 S40SJO ~ .. 11 J4 --~-- Land Details land Use Code Frontage Depth Land Area M10C . RESIDENTIAL CANAl 70 120 8.400.00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Am: 0 Vear Built: 0 Parcel Value History Certifled Roll Values VifilW Taxes. fOf thIS Par.cel. .~ .- _. Property Search -- MOn.c)CO&" Property Appraiser () Q Page 2 of2 f Roll TOIllI Bldll TOIllI Mlsc Improv.m.nt TOIllI Land TOtII Jusl tM..r....t) Tollll A......d School Ex.mpt School Tax..bl. Y...r Velu. Velu. Value Valu. V.lu. Valu. Velue 2001 0 0 58.BOO 58.800 58 800 0 58.800 2007 0 0 58.800 58.800 58.800 0 58.BOO 2006 0 0 58,800 58.BOO 58.800 0 58,BOO 2005 0 0 58.800 58.800 58.800 0 58.BOO 2D04 0 0 58,800 58,800 58,800 0 58.800 2003 0 0 58.800 58,800 58 ,800 0 58.800 2002 0 0 58,800 58,BOO 58,800 0 58,800 2001 0 0 58,800 58.800 58 .800 0 58.800 2000 0 0 58,800 58,800 58.800 0 58 .800 1999 0 0 58,800 58.800 58,800 0 58.800 19M 0 0 58.800 58,800 58.800 0 58.800 1987 0 0 58,BOO 58.800 58.800 0 58,800 1996 0 0 58.800 58.800 58,800 0 58,800 19" 0 0 58.800 58.800 58.800 0 58,800 1994 0 0 58.800 58,800 58,800 0 58.800 1993 0 0 39,984 39,984 39.984 0 39 .98-4 1992 0 0 39.984 39.984 39,984 0 39.984 1"1 0 0 48.200 46.200 46.200 0 46.200 1990 0 0 37,800 37,800 37,800 0 37,800 19" 0 0 37,800 37.800 37.800 0 37,800 1988 0 0 33,600 33,800 33,800 0 33.800 1987 0 0 33.600 33,800 33.600 0 33,800 1988 0 0 33,800 33.800 33,800 0 33.600 190 0 0 31.500 31,500 31,500 0 3t.500 19" 0 0 31.500 31.500 31,500 0 31,500 1913 0 0 25.819 25,819 25,819 0 25,819 1982 0 0 25.819 25.819 25,819 0 25,819 Parcel Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the dale of sale If a recent sale does not show up In IhlS list. please allow more time for the sale record to be processed Thank you for your patience and understanding Sal. Date OffIcial Record. Book/Pa . Price InstnJm.nl QuelltlceUon 7/18/2002 1804 I 0322 95,000 wo a This page has been visited 123,482 times. Monroe County Properly Appraiser Ei'Vln A Higgs, CF A P.O. Box 1176 Key West. FL 33041-1176 " ~ .- - C) ~J) " . . . . . . FOR DEPARTMENT ONLY I I Date of filing with the PllIIlling , Duector APPLICATION FOR ADMlNISTRA TIVE RELIEF Administrative Relief fee: $760.00 Owner's Name:jJ tJ)A -l4Ju ():::;BJ Owner's mailing address: 1111C6 g"J I%~t.et. t:1/A11f . rL ~~~ I , Phone: ~or. Z~(?, Pf~~ Fax: I~' f;;(P'l~ 1Of,?G Agent's Name: ~ - Agent's mailing address: Phone: - Fax: - (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief" RE# ()OS40:r 70 -000000 L~ description (attach metes and bounds description if necessary): BK 0- t:r ~ ~ j.G~ ~ ~-14 JL..~~ 0I2~4-5-401-402... cg'lU)-t~D/C- O~ lcoo4 - ~22- c:?F2. 1004- ~2-3AFF Permit#:~3o - JiP4"o Date of most recent ROGO appliC8tion:CV~ ~ MUCA17O\\ !& utJi1 ~ are(2t;:o1- What kind of administrative relief are you seeking? i?Gl::.k:1 tV tT ~H rr Ti>~ ?I NtrtE ;:pA-"K Il-t.( R..e7:?tD~ Additional Comments: ZiiiaL NOTARY; - A~licanf' Signature STATEOFFLOlpDA. ~ COUNrY OF J\l\tttJM \ - The foregoing signature was aclmowledged before me thi!i... ~day of ~20..Q....~ By who is personally known to .!TIe or produced as identification. II LOURDES HAV"," NaCIly PuIIIc . StIlI of FIorldI ~ ~ ""'........ _ .. t, ""I CoiIll,IIMIn'DO 541940 ..... 2or2 "~~ Notary Alltl. W:\OROwnl WANACEMENI'\T__1Pl1Ullliq AIlP""'- . _ form moor {} () April 6, 2009 To whom it may concern: I, Linda Knudsen, authorize Harry Holmbraker, my husband, to represent my property for the application for administrative relief. If anything else is required for this representation, please feel free to contact me at 786-596-5054. Thank you. - C!d-