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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. ::-:.m 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: 1 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 2 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: /' , (tIlW1OiIf:O ,.,,'is 'fa r0f11;~'/; , 10'" ,',@tJLEG/v.,:UFFlC(i:"'Cy.'I,' L~___ ~ -- . 7 BY _ _"'_ ,. I Altomay's Oi',,, - ( ~ 3