Resolution 092-2007
RESOLUTION NO. 09i!2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
DAVID ROWLAND ON PROPERTY DESCRIBED AS
LOTS 7 & 8, BLOCK 8 OF BAHIA MAR ESTATES, KEY
LARGO, RE #00544690.000000 & 00544700.000000. THE
RELIEF IS IN THE FORM OF ONE (1) DWELLING UNIT
ALLOCATION.
WHEREAS, Mr. David Rowland submitted an application for administrative
relief under See. 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. Rowland's application for administrative relief is for Lots 7 & 8,
Block 8 of Bahia Mar Estates, Key Largo in Monroe County, Florida
having RE##00544690.000000 & 00544700,000000.
2. The application has been in the ROGO system for at least four (4) years.
3. 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.
4. The lot is not identified as being in the Conservation and Native Area
(CNA), and received two (2) negative environmental points.
5. Board of County Commissioners Resolution #223-2004 directs staff to
identify small parcels with indigenous hammock or pinelands.
6. The subject property is not in an area of indigenous hammock or
pinelands.
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 Bahia Mar Estates Subdivision and is
environmentally sensitive.
9. The applicant applied for administrative relief on January 2, 2006,
under Section 9.5-122.2(f) of the Monroe County Code (MCC) and
Policy 101.6.1 of the 2010 Comprehensive Plan.
ADMINlSTRA.TIVE RELIEF RESOLUTION
ROWLAND, RE# 00544690.0000cO & 00544700.0000cO
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10. 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.
11. The Applicant has been in the ROGO system for three of the last four
annual allocation periods and therefore qualifies for administrative
relief.
12, 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.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to David Rowland, for 7 & 8, Block 8 of Bahia Mar
Estates, 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; and
2. The allocation award shall be taken out of the next quarterly allocation which occurs
on April 13, 2007 or next available allocation period; and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of
the permit.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
Coup.ty, 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
.Yes-
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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Mayor Mario Di Gennaro
(SEAL)
ATTEST: DANNY 1. KOLHAGE, CLERK
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DEPUTY CLERK
AOMINISTRATNE RELIEF RESOLUTION
ROWLAND, RE# 00544690.00??oo &; 00544700.00??oo
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