Resolution 186-2007
RESOLUTION NO. 186-2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY HAROLD
FRIED AND DAVID ROWLAND ON PROPERTY
DESCRIBED AS LOTS 7 & 8, BLOCK 8 OF BAHIA MAR
ESTATES, KEY LARGO HAVING RE#'S 00544690.000000 &
00544700.000000 IN THE FORM OF ONE (1) DWELLING
UNIT ALLOCATION AWARD.
W'HEREAS, Harold Fried and David Rowland 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 made a
recommendation of purchase for this application at a regularly scheduled meeting held on
February 21, 2007 pursuant to Resolution 92-2007 signed on February 21, 2007, attached; and
WHEREAS, the Monroe County Board of County Commissioners requested staff re-
evaluate these applications and the decision to purchase these lots at a regularly scheduled
meeting held on April 18, 2007; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1. Harold Fried and David 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#'S 00544690.000000 & 00544700.000000.
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. 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.
5. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5-122.2(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.
6. 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 20 I 0 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 Bahia Mar Estates Subdivision and is not
environmentally sensitive.
ADMINISTRATIVE RELIEF RESOLUTION
FRIED AND ROWLAND RE#00544690.000000 & 00544700.000000
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9. Board of County Commissioners Resolution #223-2004 directs staff to identifY
small parcels with indigenous hammock or pinelands.
10. The subject property is in an area of indigenous hammock or pinelands.
II. 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. This parcel will require a Habitat Evaluation Index prior to construction, and a
Grant of Conservation Easement covering 40% of the parcel shall be recorded
prior to the issuance of a building permit.
13. 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:
Section ]l: Rescinds Resolution 92-2007 in its entirety; and
Section :1: Administrative relief is granted to Harold Fried and David Rowland, for Lots 7 & 8,
Block 8 of Bahia Mar Estates, Key Largo in the form of a dwelling unit allocation award, subject
to the following conditions:
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I. 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(t) of the Monroe County Code.
2. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of
Conservation Easement covering 40% of the parcel shall be recorded prior to the issuance of
a building permit.
3.0 The allocation award shall be taken out of the next quarterly allocation which occurs on July
:- 13{gOOfPr next available allocation period.
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~':J3~ED AND ADOPTED by the Board of County Commissioners of Monroe County,
'::~~!!iia at a regular meeting held on the 21 st day of May, 2007.
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Mayor Mario Di Gennaro
Mayor Pro Tern, 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~JW~
Mayor Mario Di Gennaro
MONROE COUNTY ATTORNEY
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ADMINISTR.A.TIVE RELIEF RESOLUTION
FRIED AND ROWLAND RE#00544690.000000 & 00544700.000000
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