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Resolution 190-2007 RESOLUTION NO}90-2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JOSE R. & MARYAN lTURRALDE ON PROPERTY DESCRIBED AS LOT 5, SANTI HEIGHTS SUBDIVISION, RE# 00487160.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Jose R. & Maryan lturralde submitted an application for administrative relief under Sec. 9.5-l22(t) 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. Jose R. & Maryan lturralde's application for administrative relief is for Lot 5, Santi Heights Subdivision in Monroe County, Florida having RE# 00487160.000000. 2. The date of the ROGO application is Decemer 20, 2002. 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-l22.2(t) 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-l22.2(t)(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 February 7, 2007, under Section 9.5-122.2(1) 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 Lot 5, Santi Heights Subdivision and is not environmentally sensitive. 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. ADMINISTRATIVE RELIEF RESOLUTION JOSE R. & MARYAN lTURRALDE, LOT 5, SANTI HEIGHTS SUBD: RE# 00487160.000000 Page 1 of2 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 Jose R. & Maryan Iturralde, for Lot 5, Santi Heights Subdivision in the form of a dwelling unit allocation award, subject to the following conditions: I. The timing of the issuance of the permit shall be in accordance with the annual number of residlmtial allocations defined by Policy 101.2.13 of the Monroe County Year 20 I 0 Comprehensive Plan and as required by Section 9.5-122.2(t) of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which occurs on July 13,2007 or next available allocation period. F' ASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy .filL -'l.e.s.- -'Lea- -'l.e.s.- -'l.e.s.- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~AW~ Mayor Mario Di Gennaro (SEAL) 'c~T' D~~.KOLHAGRCLERK (DE1~.~' ,-,-~ 10 UTY C ERK 0\ w 4: '-" -! ~,.... Ll.. ~,:::I~~= t~:S : (3 c.. ._.J .(,.) x: >- .-11;J -'''',. ,0 ='.;;-0:: ......~ -.. 4: 0 Cl ;c Oat.: Cl O~ o <'-) W cr: (t" o l<- Cl W == u.. x: < I :z: :::> ..., ..... "" "" ..... ADMINISTIlATIVE RELIEF RESOLUTION JOSE R. & !\i1ARYAN lTURRALDE, LOT 5, SANTI HEIGHTS SUBD: RE# 00487160.000000 Page 2 of2