Resolution 263-1987
Monroe County Commission
RESOLUTION NO. 263 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CHAIRMAN OF THE
BOARD TO EXECUTE AN AGREEMENT WITH REGARD TO
SETBACK REQUIREMENTS BY AND BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
MONROE COUNTY AND KYLE BROTHERS LAND COMPANY,
INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby approves and
authorizes the Mayor and Chairman of the Board to execute an
Agreement With Regard to Setback Requirements by and between the
State of Florida Department of Community Affairs, Monroe County
and Kyle Brothers Land Company, Inc., a copy of same being
attached hereto and made a part hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meettng of said Board held
on the ~ day of J~, A.D. 1987.
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BOARD OF COUNTY COMMISSIONERS
~F MONRQE COUNTY, FLORIDA
(SEAL)
Attest : DANNY 1.. KOLHAGE, Clerk
At, ,IJ~//J ~
LERK
BY
AGREEMENT WITH REGARD TO SETBACK REQUIREMENTS
THIS AGREEMENT, entered into this day of ,
1987, by and between the STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, hereinafter referred to as "the Department", MONROE
COUNTY, hereinafter referred to "the County", and KYLE BROTHERS
LAND COMPANY, INC., hereinafter referred to as "Kyle Brothers".
WHEREAS, on 1 November 1985, the County issued Resolution
No. 307-1985 allowing Kyle Brothers to conduct certain dredge and
fill work on that subdivision known as the Second Addition to
Port pine Heights, Big Pine Key, Florida: and
WHEREAS, the Department, pursuant to Section 380.07, Florida
Statutes, filed a Notice of Appeal of said resolution; and
WHEREAS, the parties resolv'ed the appeal by means of a
Memorandum of Agreement of 16 April 1986 and an Amendment of
Memorandum of Agreement, dated 17 April 1986: and
WHEREAS, by Final Order dated 30 April 1986 (copy attached
as Exhibit A), the Florida Land and Water Adjudicatory Commission
amended Resolution No. 307-1985 by the terms and conditions of
the Memorandum of Agreement and Amendment of Memorandum of
Agreement referred to above: and
WHEREAS, subsequent to the entry of this Final Order, the
County amended its setback requirements rendering compliance with
some of the terms of the Final Order impossible; land
WHEREAS, the parties wish to permit and require
implementation of the intent of said Final Order,
NOW, THEREFORE, in consideration of the foregoing and in
order to clarify the rights and responsibilities of the parties
each to each, the parties agree as follows:
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1. Paragraph 3.c. of the Memorandum of Agreement specifies
the maximum size and dimensions of fill pads which the Kyle
Brothers are authorized to emplace on their property and requires
that such fill pads are to be contiguous to access roads.
Subparagraph (7) of paragraph 3.c. requires that any structures
placed on the fill pads be situated so that at least half of the
square footage of the structure is above the fill pad.
2. The original settlement between the parties was
negotiated with the objective of allowing Kyle Brothers to make
use of the fill pads for construction of single-family homes or
the sale of single-family homesites. Lots 5, 6 and 7 of Block 34
and Lots 7 of Blocks 30, 32, 36, 38 and 40 were restricted to
fill pads of 900 square feet with no dimension longer than 40
feet. A fill pad of 900 square feet utilizing a 20-foot setback,
would result in coverage' of 450 square feet of fill pad, which
with equal wetlands overhang, would accommodate a structure with
a footprint of 900 square feet. The new 25-foot setback reduces
the maximum footprint of the structure to 675 square feet.
3. In order to make the aforementioned lots usable for
single-family residences while complying with the new 25-foot
setback, Kyle Brothers, their heirs or assigns, shall be entitled
to construct a structure on each such fill pad so long as the
footprint of the structure does not exceed 900 square feet and so
long as no more than 562.5 square feet of said structure is
situated above wetlands.
4. By this instrument the County and the Department agree
not to object to the issuance of building permits for such lots
on the basis that a proposed structure does not comply with
paragraph 3.c.(7) of the Memorandum of Agreement, so long as such
structure complies with the provisions of this agreement.
5. This agreement is not intended to modify or interpret
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any provisions of the Memorandum of Agreement or Amendment to
Memorandum of Agreement except for paragraph 3.c.(7).
WHEREFORE, the parties have executed this agreement the day
and date first above written.
KYLE BROTHERS LAND COMPANY
By:
STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
By:
MONROE COUNTY
By:
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