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Resolution 089-2007 RESOLUTION NO.oS9-Z007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY BRIAN AND MICHELLE NEMETH ON PROPERTY DESCRIBED AS LOT 7, BLOCK 13 OF KEY LARGO BEACH ADDITION, KEY LARGO, RE #00503380.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION. WHEREAS, Mr. Brian Nemeth submitted an application for administrative relief under Sec. 9.5-122(f) 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. Mr. Nemeth's application for administrative relief is for Lot 7, Block 13 of Key Largo Beach Addition, Key Largo in Monroe County, Florida having RE#OO503380.000000. 2. The date of the ROGO application is January 7, 2003. 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. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122(f)(6) 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. 5. MCC Section 9.5-122.2(f) provides a mernanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 6. The applicant applied for administrative relief on April 5, 2006, under Section 9.5-122.2(f) of the Monroe County Code (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. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Key Largo Beach Addition Subdivision and is not environmentally sensitive. ADMINISTRATIVE RELIEF REsoLUTION NEMETIl, RE#00503380.00c00c Page 1 of2 o c;: o <.;.' C.) c'. (;.~. C..J \.:"~ ~~\ ~ lC_ 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. 10. The subject property is not in an area of indigenous hammock or pinelands. 11. The property does not qualify under criteria established by Resolution #223-2004 for purchase by the Monroe County Land Authority of small parcels with indigenous hammock and pinelands. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Brian and Michelle Nemeth, for Lot 7, Block 13 of Key Largo Beach Addition, Key Largo, in the form of a dwelling unit allocation award, 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 9.5-122.2(f) of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which occurs on April 13, 2007 or next available allocation period. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of February, 2007. 4. uJ ~ cJ u- ::.~"~"7': ..~',".\Q.l.:;. ,,:<>:::5 "'(.;>0 j ,<,.) -:: ~.uJ ,,"-.--'c"\ ":!;ucX-=. .r>.- ....'" 4 0 o ~ Cf\ U"l ~ :s:: 0- C" c;-.I c;;i s:;. ~ ~ (SEAL) Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy .filL Yes ~ Yes ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B~q~ Mayor Mario Di ..> Gennaro ATTEST: DANNY 1. KOLHAGE, CLERK ~C.~~ DEPUTY CLERK MONAQS. COUNTY ATTORNEY ,,,OVED AS TO FOJ~ T ADMINISTRATIVE RELIEF REsoLUTION NEMETH, RE#00503380.00000c I;"", Page 2 of 2