Resolution 091-2007
RESOLUTION NOSl91-Z007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FOR
ADMINISTRATIVE RELIEF MADE BY FELIX PEREZ ON
PROPERTY DESCRIBED AS LOT 5, BLOCK 10 OF TWIN LAKES,
KEY LARGO, RE #00549370.000000 IN THE FORM OF
PURCHASE OF THE PROPERTY BY THE MONROE COUNTY
LAND AUTHORITY.
WHEREAS, Mr, Felix Perez 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. Perez's application for administrative relief is for Lot 5, Block 10 of Twin
Lakes, Key Largo in Monroe County, Florida having RE#00549370.000000.
2. The date of the ROGO application is January 13, 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 mechanism 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 June 22, 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 Twin Lakes Subdivision and is
environmentally sensitive.
9. Board of County Commissioners Resolution #223-2004 directs staff to identify
small parcels with indigenous hammock or pinelands that are ineligible for
purchase by the State with Florida Forever funds, limit the issuance of permits
for clearing on said parcels, and recommends said parcels for purchase by the
Monroe County Land Authority.
10. The subject property is in an area of indigenous hammock or pine lands and is
designated as Tier 3A Special Protection Area in the proposed Tier system.
ADMINISTRATIVE RELIEF RESOLCTION
PEREZ, RE#OO549370.000000
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11. The property does 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:
1. Applicant Felix Perez has met the requirements to receive administrative
relief for Lot 5, Block 10 of Twin Lakes, Key Largo.
2. In accordance with Policy 101.6.5, 101.6.6 and BOCC Resolution 223-2004, the
appropriate form of administrative relief for this application is an offer to
purchase. The issuance of a ROGO allocation would be inconsistent with the
Monroe county year 2010 Comprehensive Plan and BOCC Resolution 223-
2004.
3. The Monroe County Land Authority is requested to have the subject property
appraised and subsequently make an offer to purchase.
4. In the event Applicant declines the above referenced offer, Applicant will
retain the right to remain in the ROGO system and continue competing for an
allocation.
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.
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Mayor Mario Di Gennaro
Mayor Pro Tem, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia J. Murphy
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~M~
Mayor Mario Di Gennaro
(SEAL)
ATTEST: DANNY 1. KOLHAGE, CLERK
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DEPUTY CLERK
ADMINISTRATIVE RELIEF RESOLUTION
PEREZ, RE#OO549370.000000
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