Loading...
B. Public HearingsBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to reconsider a request for Administrative Relief for Hal Fried/ David Rowland of Bahia Mar Estates, Lots 7&8, Block 8. Key Largo, Real Estate Number 00544690.000000 & 00544700.000000. ITEM BACKGROUND: A building permit was applied for on October 21, 2002 and a ROGO application was applied for on January 7, 2003. The applicant applied for administrative relief on January 6, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority as already approved in Resolution 92-2007. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. However, if the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the lot and provides for rescission of Resolution 92-2007. PREVIOUS RELEVANT BOCC ACTION: At the February 21, 2007 meeting, a recommendation for purchase was accepted and approved by the BOCC in Resolution 92-2007. At the April 18, 2007 BOCC meeting, the BOCC asked that this application be reviewed again at the May BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners N Through: Aref Joulani, Sr. Director of Planning & Environmental Resources From: Julianne Thomas, Planner L David DaSilva, Biologist`'' Date: April 24, 2007 RE: Administrative Relief for Harold Freid RE#'s 00544690.000000 & 00544700.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: January 7, 2003 10 11 Date Entered Administrative Relief: January 2, 2006 12 13 ROGO Score: 20 14 15 Planning: 17 16 • (+10) infill 17 • (+3) Lot Aggregation 18 • (+4) perseverance 19 Building: 5 20 (-1) Flood Zone AE-8 21 • (+ 3) Water/ Energy Conservation, 22 • (+3) Structural Integrity 23 Environmental: -2 24 • (-2) Group 2, High Elevation, Low Quality Hammock 25 26 27 28 Page 1 of 3 Reviewed by 0,'C(5�3 W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Special Apps\FriedMayBOCC\misc\May RowlandStaff Report ALLOCATION.doc 1 II. CURRENT CONDITIONS 2 3 Location: Location: Lots 7 & 8, Block 8 of Bahia Mar Estates, Key Largo 4 5 Owner: Mr. Harold Fried (Please note that the application for relief is also under the name 6 David Rowland) 7 8 Applicant,/Agent: None 9 10 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 11 Proposed Tier. III 12 13 2006 Taxable Value: $9,450.00 Purchase Price in May of 2004: $10.00 14 15 16 III. LEGAL ELIGIBILITY AND OPTIONS 17 18 Eligibility for Administrative Relief Options: 19 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 20 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 21 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 22 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 23 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 24 annual allocation periods and having submitted their application for Administrative Relief no earlier than 25 the third annual allocation period and no later than ninety (90) days following the close of the fourth 26 allocation period. 27 28 Relief Options under Administrative Relief: 29 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 30 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 31 such other relief as may be necessary or appropriate. 32 33 The subject property does contain sensitive environmental features or any significant habitat for 34 endangered or threatened species. It therefore does meet the criteria established under the existing Policy 35 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 36 purchase of property under Administrative Relief. If an allocation is approved, this parcel will require a 37 Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 40% of 38 the parcel shall be recorded prior to the issuance of a building permit. 39 40 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 41 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 42 the Year 2010 Comprehensive Plan. 43 44 IV. RECOMMENDATIONS 45 46 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 47 and qualifies for Administrative Relief The BOCC has already approved administrative relief in the 48 form of purchase by the Land Authority. If this decision is upheld, no further action needs to be taken. Page 2 of 3 Reviewed by u'Ec5i� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Special Apps\FriedMayBOCC\misc\May RowlandStaff Report ALLOCATION.doc 9 ' 1 1 1 F ti r 1 f 1 A r ti Pr 1 L1'lb ■ ■ ■ 1 i�� P. r ti r i! .71 1 r r 1 1 I J.1• J ti r%! � a f • i 1.� � 1 • 1 PF 1 ti 1 f • Sao RESOLUTION NO.092.2007 A RESOLLMON 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 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Mr. 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 makes the following findings of fact and conclusions of law: 1. Mr. Rowlan&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 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 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 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. 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. f 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. ' 4 9. Beard of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinPlands that are ineligible for purchase by the State with Florida Forever funds, limit the 4 issuance of permits for clearing on said parcels, and recommends said parcel for purchase by the Monroe County Land Authority, A0MM'FM1ZAT1%'e RELLBF Rf_-k)a. tK^ Pair r of 2 Rtih9 -AND' RE* 0a9M690.0mm is of '"MA00000 w 10. The subject property is in an area of indigenous hammock or pinelands and is designated as Tier 3 in the proposed Tier system.. 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 TT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA.- Applicant David Rowland has met the requirements to receive administrative relief for Lots 7 & 8, Block 8 of Bahia Mar Estates, 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 g2pn ¢ Florida at a regular meeting held on the 21st day of February, 2007. L.A. >= Mayor Mario Di Gennaro Yes a=.. Mayor Pro Tem, Dixie Spehar Yes C) c:.> o Commissioner George Neugent Yes CQ —'Y �-' Commissioner Charles "Sonny" McCoy Yes ,j= Imo x o= Commissioner Sylvia). Murphy Yes s C9 a C) BOARD OF COUNTY COMMISSIONERS `" OF MONROE COUNTY, FLORIDA 41�� BY !Mayor Mario Di Gennaro (SEAL) aou ATTEST: DANNY L. KOLHAGE, CLERK C. _ DEPUTY CLERK ADMf\Wm%TR'E RnA> RwkxL-roN Rai-A,ND, RE# 00544MA00000 & 0054VWA00W0 AncviV S 10 f iRY L-;*i MONROE Date ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —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. WHEREAS, 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: 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. 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 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 Bahia Mar Estates Subdivision and is not environmentally sensitive. ADMINISTRATIVE RELIEF RESOLUTION Page I Of 2 FRIED AND ROwLAND RE#00544690.000000 & 00544700.000000 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. 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. 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 2: 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: 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. 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. The allocation award shall be taken out of the next quarterly allocation which occurs on July 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 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION FRIED AND ROWLAND RE#00544690.000000 & 00544700.000000 Mayor Mario Di Gennaro MONROE ppCOUNTY ATTORNEY t t,i .vac Ji'yt FORM T� Oc.�'i Data: Page 2 of 2 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Julianne Thomas & David DaSilva AGENDA ITEM WORDING: A public hearing to reconsider a request for Administrative Relief for Felix Perez of Lot 5, Block 10 of Twin Lakes, Key Largo, Real Estate Number 00549370.000000. ITEM BACKGROUND: A building permit was applied for on September 4, 2002 and a ROGO application was applied for on January 13, 2003. The applicant applied for administrative relief on June 22, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority as already approved under Resolution 91-2007. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the lot, along with rescission of Resolution 91-2007 approving purchase. PREVIOUS RELEVANT BOCC ACTION: At the February 21, 2007 meeting, a recommendation for purchase was accepted and approved by the BOCC in Resolution 91-2007. At the April 18, 2007 BOCC meeting, the BOCC asked that this application be reviewed again at the May BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No _ SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM ## MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners : Through: Aref Joulani, - ,mil Sr. Director of Planning & Environmental Resources ' l From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 24, 2007 RE: Administrative Relief for Felix Perez RE#00549370.000000 I. BACKGROUND The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and having submitted their application for Administrative Relief no earlier than the third annual allocation period and no later than ninety (90) days following the close of the fourth allocation period. Date Entered ROGO: January 13, 2003 Date Entered Administrative Relief: June 22, 2006 ROGO Score: 19 Planning: 14 (+10) infill • (+4) perseverance Building: 7 • (+1) Flood Zone X • (+ 4) Water/ Energy Conservation, • (+3) Structural Integrity Environmental: -2 • (-2) Group 2 High Elevation, Low Quality II. CURRENT CONDITIONS Page I of 2 Reviewed by c#6(5�3 W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliet\2007 May BOCC\Special Apps\PerezMayBOCC\May PerezStaff Report ALLOCATION.doc Location: Lot 5, Block 10 of Twin Lakes, Key Largo Owner: Felix Perez Applicant/Agent: Ms. Gay Marie Smith Land Use District: Improved Subdivision (IS) Proposed Tier: IIIa 2006 Taxable Value: $60,424.00 III. LEGAL ELIGIBILITY AND OPTIONS FLUM: Residential Medium (RM) Purchase Price in 2006: $175,000.00 Eligibility for Administrative Relief Options: Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and having submitted their application for Administrative Relief no earlier than the third annual allocation period and no later than ninety (90) days following the close of the fourth allocation period. Relief Options under Administrative Relief: The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or such other relief as may be necessary or appropriate. The subject property does contain sensitive environmental features or significant habitat for endangered or threatened species. It therefore does not meet the criteria established under the existing Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the purchase of property under Administrative Relief. If an allocation is approved, 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. The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of the Year 2010 Comprehensive Plan. IV. RECOMMENDATIONS It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. No further action needs to be taken, and the resolution recommending purchase by the land authority be upheld. Page 2 of 2 Reviewed by c�CC5�3 W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Special Apps\PerezMayBOCC\May PerezStaff Report ALLOCATION.doc Tie r D e sign ati on Flo ri da F o rever Bo undary 0 Land Use D e signati on -T7 Hammock Habitat Layer Developed Vk n„ea9e ru�»ner � species occvire Protected Species •pecle• P.Icli,. This map is for use by the Monroe County Growth Management Division only. The data contained herein is not a legal rep esentation of boundaries, parcels, roads right of ways or other geographical data. Prepared by: juli anne Thomas RESOLUTION NO.091-20Q7 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 PIan. 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 pinelands and is designated as Tier 3A Special Protection Area in the proposed Tier system. ADMINBTRATRT RELIFF Rrsol UTION Page 1 of 2 PERU, RE#10549370.000000 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. � � w Mayor Mario Di Gennaro ven � C) cu Mayor Pro Tem, Dixie Spehar Yam__ f ', T�i- Commissioner George Neugent Yes Commissioner Charles "Sonny" McCoy Yes N Commissioner Sylvia J. Murphy Yes J i::I BOARD OF COUNTY COMMISSIONERS o �n OF MONROE COUNTY, FLORIDA cv (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK AD:',4NL5 RATIVE RELIEF RBOLUTION PEREZ, RE#00549370.000000 BY Mayor Mario Di Gennaro Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 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 HAVING RE#00549370.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, 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 made a recommendation of purchase for this application at a regularly scheduled meeting held on February 21, 2007 pursuant to Resolution 91-2007 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. Felix 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 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 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 not environmentally sensitive. 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pinelands. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 PEREz RE#00549370.000000 10. The subject property is in an area of indigenous hammock or pinelands. 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. 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 91-2007 in its entirety; and Section 2: Administrative relief is granted to Felix Perez, for Lot 5, Block 10 of Twin Lakes, Key Largo in the form of a dwelling unit allocation award, subject to the following conditions: 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. 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. The allocation award shall be taken out of the next quarterly allocation which occurs on July 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 May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE COUN APB VEO ATTORNEY `CO FORM Date:— a ADMINISTRATIVE RELIEF RESOLUTION PEREz RE#00549370.000000 Page 2 of 2 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Alexander Adams/ David DaSilva AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Isabel Vizcarra on lots 17 & 21, Block 9, Key Largo Park Subdivision, Key Largo, Real Estate Numbers 00525220.000000 & 00525260.000000. ITEM BACKGROUND: A building permit was applied for on May 20, 2002 and a ROGO application was applied for on July 15, 2002. The applicant applied for administrative relief on August 23, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A C�Z�Z.� � �IZ�ZI 1►M ► n BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required. DISPOSITION: AGENDA ITEM # MEMORANDUM ra'� i- MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair. To: Board of County Commissioners Through: Aref Joulani, Director of Planning & Environmental Resources From: Alexander Adams, Principal Planner David DaSilva, Biologist Date: April 19, 2007 RE: Administrative Relief for Vizcarra RE#s 00525220.000000 & 00525260.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: May 20, 2002 10 11 Date Entered Administrative Relief: August 23, 2006 12 13 ROGO Score: 22 14 Planning: 17 15 • (10) infill 16 • (3) Lot Aggregation 17 • (4) perseverance 18 Building: 4 19 • (1) Flood Zone X 20 • (1) Water/Energy Conservation, 21 • (2) Structural Integrity 22 Environmental: 1 23 • (1) Group 1, 24 25 II. CURRENT CONDITIONS 26 27 Location: Lots 17 & 21 Block 9, Key Largo Park Subdivision, Key Largo 28 29 Owner: Isabel Vizcarra 30 Page 1 of 3 Reviewed by C065F \\mc-srv-gml\pub\GROWTH MANAGENIENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\cruz 02302163\Staff Rpt allocation cruz 02302163.doc I Applicant/Agent: None 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 Proposed Tier: III 5 6 2006 Taxable Value: Lot 17- $7,500 & Lot 21- $7,500 7 Purchase Price in: Lot 17- 1990, $4,500 & Lot 21- 1978, $1,500 8 9 III. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does not contain sensitive environmental features or any significant habitat for 27 endangered or threatened species. It therefore does not meet the criteria established under the existing 28 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 29 for the purchase of property under Administrative Relief. 30 31 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 32 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 33 the Year 2010 Comprehensive Plan. 34 35 IV. RECOMMENDATIONS 36 37 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 38 and qualifies for Administrative Relief It is further recommended that a Resolution be prepared that 39 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 40 which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by CCOq \\mc-srv-gml\pub\GROWTH MANAGEMENT1Non Geographic Projects\ROGOWdm Reliefl2007 May BOCC\cruz 02302163\StaffRpt allocation Cruz 02302163.doc I a ] F' is r 67C .m4m RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ISABEL VIZCARRA ON PROPERTY DESCRIBED AS LOTS 17 & 21, BLOCK 9, KEY LARGO PARK SUBDIVISION, KEY LARGO, RE #s 00525220.000000 & 00525260.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Isabel Vizcarra 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. Isabel Vizcarra's application for administrative relief is for Lots 17 & 21, Block 9, Key Largo Park Subdivision, Key Largo in Monroe County, Florida having RE #s 00525220.000000 & 00525260.000000. 2. The date of the ROGO application is July 15, 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 9.5-122.2(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 August 23, 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 Park 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 Page 1 of 2 CRuz, LOTS 17 & 21, BLOCK 9, KEY LARGO PARK, RE #s 00525220.000000 & 0052560.000000 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 Isabel Vizcarra, for Lots 17 & 21, Block 9, Key Largo Park Subdivision, 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 July 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 Mav, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IM (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE C TY ATTORNEY AP OV D S TO -NORM Date: d `z � ADMINISTRATIVE RELIEF RESOLUTION Page 2 Of 2 CRUZ, LOTS 17 & 21, BLOCK 9, KEY LARGO PARK, RE #s 00525220.000000 & 00525%000000 APPLIGMONFOR ADNIIINISTRATIVRELIEF O%rwr's nsme rif applicant i�jg own r). Owners addwss0 Please aaa'm' . <2'tement atithorizin �e f ,g tvpre��ematn,�n of this applicatim by iotneonc other than �U E , �� r, � The staterrent ahjaid read: "L (owner',, names autho-nc {indiv dua, you are authan7ing:o i,- f-sern you to reprZSCPA my r,;oj4eaty for thtapphcarioii for Adarnisnatre Relief' Rn CC T I A N L:� - 00L'Cc=�-4 c-� S2� s U4,C (attach metes and bmm'd� if Late & nwA mcma ROGO VoMmi Vvhat kind 'rdfninivrafive n>twt ar- Y"ou Additicnal Commen-i NOTARY S "h AT STATE OF FUMIDA COUNTY OF,_/ day of ynmQ lymn to (w or pyWmad UW L Fft* LAO" Am v*' Me Signature wf.Notar� Public, State of Honda EM I/We,JgDar-i�r . Sold Lot(s)—j7-And-2_j,­Block ___g_ Subdivision:—K-ey Largo -Park Am—e-rde-d,.,,-Key:----ley -LaLW—(RE:00525220-000000 and 00525260-000000). The new owner, " j3abe) �vjra - has all rights on ROGO and Building Permit applications 02-3-2163. Please send all original documentation to new property owner regarding ROGO to: Name: ­]SABEL VIZC.ARRA Mailing actress:, 1552-�H, 1 YE HOMESTEAD, _EL_33035 Attached is a copy of the recorded deed(s) transfering ownership and acopy of the title insurance, Sell Name. lgk io dr�z Date: KWOP L PON Cuar�+.wn 14 Sworn before me this,. day ovl� A.D. m m CAI�--i DRAWER; 3 pq m c._.......... M Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Mana eg ment Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Alexander Adams/ David DaSilva AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Marlin Holding on Lots 10, Block 4, Largo Sound Park Subdivision, Key Largo, Real Estate Numbers 00471030.000000 ITEM BACKGROUND: A building permit was applied for on June 17, 2002 and a ROGO application was applied for on October 15, 2002. The applicant applied for administrative relief on January 9, 2007 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be granted in the form of one (1) dwelling unit allocation award. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # To: Through From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to he caring, professional and fair Board of County Commissioners Aref Joulani, Director of Planning & Environmental Resources Alexander Adams, Principal Planner David DaSilva, Biologist April 19, 2007 Administrative Relief for Marlin Holding RE # 00471030.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: October 15, 2002 10 11 Date Entered Administrative Relief: January 9, 2007 12 13 ROGO Score: 22 14 Planning: 14 15 • (10) infill 16 • (0) Lot Aggregation 17 • (4) perseverance 18 Building: 7 19 0 (1) Flood Zone X 20 • (4) Water/Energy Conservation, 21 • (2) Structural Integrity 22 Environmental: 1 Z3 • (1) Group 1 24 25 IL CURRENT CONDITIONS 26 27 Location: Lot 10, Block 4, Largo Sound Park Subdivision, Key Largo 28 29 Owner: Marlin Holding 30 31 Applicant/Agent: None Page 1 of 3 Reviewed by cTC�� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief2007 May BOCC\Marlin Holding 4700010\Staff Rpt allocation marlin 02302710.doc 1 2 Land Use District: Improved Subdivision Masonry (IS-M) FLUM: Residential Medium (RM) 3 Proposed Tier: III 4 5 2006 Taxable Value: $102,000 Purchase Price in: 1971- $1600 6 7 III. LEGAL ELIGIBILITY AND OPTIONS 8 9 Eligibility for Administrative Relief Options: 10 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 11 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 12 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief 13 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 14 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 15 annual allocation periods and having submitted their application for Administrative Relief no earlier than 16 the third annual allocation period and no later than ninety (90) days following the close of the fourth 17 allocation period. 18 19 Relief Options under Administrative Relief: 20 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 21 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 22 such other relief as may be necessary or appropriate. 23 24 The subject property does not contain sensitive environmental features or any significant habitat for 25 endangered or threatened species. It therefore does not meet the criteria established under the existing 26 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 27 for the purchase of property under Administrative Relief. 28 29 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 30 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 31 the Year 2010 Comprehensive Plan. 32 33 IV. RECOMMENDATIONS 34 35 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 36 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 37 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 38 which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by cy� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliefl2007 May BOCC\Marlin Holding 4700010\Staff Rpt allocation marlin 02302710.doc RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY MARLIN HOLDING ON PROPERTY DESCRIBED AS LOT 10, BLOCK 4, LARGO SOUND PARK SUBDIVISION, KEY LARGO, RE # 00471030.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Marlin Holding 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: Marlin Holding application for administrative relief is for Lot 10, Block 4, Largo Sound Park Subdivision, Key Largo in Monroe County, Florida having RE # 00471030.000000. 2. The date of the ROGO application is October 15, 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 9.5-122.2(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 9, 2007, 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 Masonry (IS-M), is located in the Largo Sound Park 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. ADMINIS'I RATIVE RELIEF RESOLUTION Page 1 Of 2 MARLIN HOLDING, LOT 10 BLOCK 4, LARGO SO[ ND PARK, RE# 00471030.000000 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 Marlin Holdings, for Lot 10, Block 4, Largo Sound Park Subdivision, 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 July 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 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA me (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY APPR ED A FOR Date: ` t d —07 ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 MARLIti HOLDING, LOT 10 BLOCK 4, LARGO SOUND PARK, RE# 00471030.000000 APPLICATION FOR ADMUNISTRATIVERYLIFF ,Idminivlralive ktlhetjee, S -60 0f3 AIT,hutru is Owner Authoriz,-d Represents -,;re ApplicanfcSaMeDEBI MILLER Applicant's maifinkaddre-s: A) 11ox t 41 Olxmr's narre Owocr`s quids: 10420 OVERSEAS, , HI Phonet45s4644 KEY LAPW FL 1�037 " , -- -- - --- ------ {Please attach a itafement "therizing rcpTescotafion of this application by someone tither than vounelf, The statement shoved rad: 1, (owner's name) authttrin j individual you are aujh,,rt?,,1g to reptesentyou) tO rcPre1,Vrt mY PMNrf� fOr ;his appikation 6x Adrnirri5treivQ Relief legal descripton anach mete-,; and txiunddescriptjor, if, oTMBLOCK 4LAk60SA)[ND L PARR -- - --------------- Permit Du;e of most recent R(X-fO applicatirm: W'hal kind 3f arC you seckin APPROVAL OF ALL(XA11ONFOR A BURA)ING Ajd4dcoa; (',mxras. NO � ARY� (X �NJ Y OF JhefiTqloing signature was acknowledged h-fore me this --j_dm B as idmtificaiirm SARCJALLO 4 i4 County of Monroe Growth Management Dir ision �4A@i➢L rkru 1S1�A( - $fNt'te C-i i "AftAi- CuAttli�' 3i@ttt[S i4LST C", FlxZ""A-Ai • iw uicl We'trine is fie raHng' p+`ajesrlrrnad a"d jhir Dear Appiicant_ Date: if t This is to acknowledge s3ibrrnual ofy out application for ^ IA e r,r. �� a�gia7Fon to the Nlonroe (aunty° Planning Departrilmt. We are unable at this time to issue a receipt of vour applicxion, as it %v ill take our staf two Forking days to determine that all required materials related to voter applicatior, have been submitted. All applications received after 12,00 'loon w0I b,-- considered as submitted the following :corking day. Also. as required by N90nrese County Code, plannimg staff ,w;ll rel ie;w your application after acceptance, to deem it complete within an additional fifteen working d ";. Thank you, ,"tom" Planning Staff 'N "GPU:i'l-if MANAiA V1E:.h'" d nsphJes:?i nf¢g Applicaf4ws-f,,,,:- gu F,, _h�spe=ctt=or=,x e_er4;r Fr :�ai� Fcrrr,ppiwat�e a, cc,---aance .'nxe�rres - Pk ar7ics d flrnperig fnfomwion fnr ■ PROPER I INfORMATIOS FOR: Ahematc Key: 14'7227 RL Nwrihir: Pmt Search Again Ask Question aboor if),s Parcei Pagt 1 42 ONLINE DATA CENTER RECORDS SEARCH (,I'D ARF I.- � jar fMftlr� r4, fl "is, 1-4PNO, fIlfN-rl kNil St i I bill, 'NfNf'w'j I Ix M hnp%,',vo8" 1 9 2OW7 Dcc,mher 19,2Lit)6 To Morm)tt cc,Mry Fla --g oqft. mofief n exler SFIhm*d fflt k4ar1xnj,,jdi,,,, I I A rF OFFLOWDA (T)tjW7 y OF ,foNRO I Sig"ature MCNROE COUNTY +��iIBC'*• age '4jQcELZ:ANEoUS RECEIPT EFP y4t3 PRINT DATE Ci `_C12r;C? PRINT TV..-E !- :'J5:C3 RECF�?T A`_E 1(°O/2D37 OPERATOR har er a COPY 0 F C 'r ED PY harberta CASH DRAWFR: 2 FC D. FROM MAR:,1, Hc;L •IPt.,, I C ,DF _36.2 NO ES . FOR A `,M:N, R L--2 FOR DFEB E MILLER, AGENT pc I A uC, fid I 7HI S RCPT BALANCE _'0'_4 CIG- ,2 7c3LLi3 25Jj 0 x__� ��- C_AL5 5c.00 ?6c.JO J.Cv METH^D : P>YMENT : iNO i -HF--- ----- _3r 6265 i60 n 6265 T48 BANK OF THE KEYSuasau MARUN HOLDING, INC. Y.E'i 1kFK`w'.1, Fi.C1�L'a' �kp? 102WA C vERSEJS HWY_ 1ris�2t�3F KEY tAAW FL " PH 30r>.a58-L64d PhYTOT�E Monroe County Piannmg Department $-760.00t oRiSever Hanged Sixty and € mroe c, yjnty Ptanning Department i m94O kCman. Relief Permq # 02302; 40, 1 �• 031626sw i:067u=��928G4.4l:41311OU60 9 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: ME 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Jose R. & Maryan Iturralde on Lot 5, Santi Heights Subdision, RE# 00487160.000000. ITEM BACKGROUND: A building permit was applied for on October 28, 2002 and a ROGO application was applied for on December 20, 2002. The applicant applied for administrative relief on February 7, 2007 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A BUDGETED: Yes N/A No _ COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A_ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JOSE R. & MARYAN ITURRALDE 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 Iturralde 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: Jose R. & Maryan Iturralde's application for administrative relief is for Lot 5, Santi Heights Subdivision in Monroe County, Florida having RE# 00487160.000000. 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 9.5-122.2(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 February 7, 2007, 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 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. ADMINISTRATm RELIEF RESOLUTION Page 1 Of 2 JOSE R. & MARYAN ITURRALDE, LOT 5, SANTI HEIGHTS SUED: RE# 00487160.000000 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: 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 July 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 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK EDate.-7 �ATTORNEY ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 JOSE R. & MARYAN ITURRALDE, LOT 5, SANTI HEIGHTS SUBD: RE# 00487160.000000 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forjose R. & Maryan Iturralde RE# 00487160.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: December 20, 2002 10 11 Date Entered Administrative Relief: February 7, 2007 12 13 ROGO Score: 20 14 15 Planning: 14 16 . (+10) Infill 17 • (+) Lot Aggregation 18 . (+4) Perseverance 19 Building: 5 20 • (-1) Flood Zone A 21 • (+3) Water/Energy Conservation, 22 • (+3) Structural Integrity 23 Environmental: 1 24 • (+1) Group 1 25 26 27 28 29 II. CURRENT CONDITIONS Page 1 of 3 Reviewed by cfc5�3 \Vm-srv-gml\pub\GROWTH MANAGEMBMNon Geographic Projects\ROGO\Adm Reheft2007 May B0001tunalde\It nWde StaffReport.doc 1 2 Location: Lot 5, Santi Heights Subd: RE# 00487160.000000 3 4 Owner: Jose Iturralde 5 6 Applicant/Agent: None 7 8 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $95,249.00 Purchase Price in 2003: $240,000 12 13 III. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and having submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the fourth 23 allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. 34 35 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 36 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 37 the Year 2010 Comprehensive Plan. 38 39 IV. RECOMMENDATIONS 40 41 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 42 and qualifies for Administrative Relief It is further recommended that a Resolution be prepared that 43 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 44 which closes July 13, 2007, or next available allocation period. 45 Page 2 of 3 Reviewed by &fo-i� \\mc-srv-gml\pub\GROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliet\2007 May BOCC\Iturralde\Iturralde Staff Report.doc t � � 6�nx ,3mi v, i iiz flsn,cnc APPLICAT ION FOR ADMINISTRATIVE RELIEF idrnlniil f.,'"eE_ i`ffi.tl(1 App-,eatrtt ts: (,)%wr s awhori/e3 Represet,tati, c Apptteanl's Name: vA S S , M = = SON: ESQ-_ Applicants 'mailing, xdch-ess ,t>86. R- tJs+per*$Manse(if apptieantis�uwtter}_ Jose R_ & Yarvanr. Starral e 0w»e{sams_1%ass a' «-_r, i_za�., e s,:7s Ykvne tales fax q,'A +Pleas attach a statttaem authorizing rcpres.watic n of'ths applieaticm by comwne oib,!r than y(xvsrlf- The stawment sh , :Jd react: " t, omners name) authonte (irtdawtdwl tau are auttxxizing to rtprescvtl yc>ul to represent lny pror+ertp for this application for 4dministratiyc Reties RE, 46?1iS uCC1C')0 L,egat 3cw�nptuzn tattaeh fivies amf 6-)whjs de rirtion it w:cc--,arp1..--� -- aC Sams Rel�hts Subdivis on, PB5 ,16 Kev Largo p,rmit8 0'2-3-47C1 Elate of noit recent R€ GO application Dece .l)er 20, 2002 .. 4tihxi kind ofvarncntxtrttve reta S ere ytzu seeking �cp. _ �:x-. _� -ar3rt.�..�rwrc �;[ •.tea ^ar r. 3�� z- .r. t�ir s. .___:� -c da; �. Ap�7 atria �ex�b} rele,::r� any£fsrs t�1 rarc;,a�e fs- teas c:u= _.erre:� €x_z sa: iev r dditionai eominetits- PZTpl zCanC a,C Larctt3�'r ±6aav 2aa:l Lire _7b� sag-.^.a�?cr faf=side_ 'es � toe tlatt t_: nq —s_ STATt Of F f _OP ID A � 1 ante trzar PP CouL'fyc1I 'lC' goE fire h mi'.Oing' sib tat rc Hai a kn"wlcdgcd before me this _ da} 4 By- _' aho is peminally kno-v to aw or produced,_ 3si [tttatton. We. JOSE R. rfURR.AL73E and MARYANQN iTURRALDE, authorize James S. Matson, Esq_, and Andrew M_ Tobin. E3q to mptesent us in any edatinis=ive pmccvlings berons Monroe County, Florida, mcluding but not lionized to application(,) for adminktritive relief from RQ(X-) or beneficial use detenninabim(s), regarding the following property in unincorporated Iv onyx County_ Lot 5, Santi Heights Subdivisi<ui, as recotdod at Pla€ Book 5, page 116, of the Public Records of Monme County, Fiorito, also identified as RE No. 00487160-0?0000 and Alternate Ke-yNo_ 159%X Pn lid :30SFR.ITURRALDE State OfFIQUAL County of , r Swm to (or affimWf ;iW_."nubsmbed before we this � day of Ir,_ i '� 2007, by) f R_ iT [,i3•! y .' yy the following ttTae of identiiicatiou_�— l,lA "!tie NOTARY PilM)DiC. „�-"", v} My Commission expi��,y��� � w'r stWwpa�' Printed N � MARYA?4 TTI RRAI,lli Sttft of Fi County of Swam to (or aff r mod) and subscribed before me this J"'i y o z-, 2h 2007, by VARiA.N`N PYURAALDE, who produced the following type of identificaticm __ ._. »_ NOTARY Pt oak, Myconrmissiane�l�C,: .,... �+s M3RC,E _CU147Y **"L:S°E"- RECEIPT 4 96406 PRINT GATE 02f26 2 6 PRI:`T T HE 12:39 4, ..__ "EIP LT'2 ','Fc^ 4TCR hazi�erca COPY * I kECWI'r'E BY CASE DRAWER: 2 REC,D. ERCM JAYES +A7TS1- UBF M .f PF =C6.2 .+�,Ys:S _ .CK ''.'MIN. .....,TES KEY �ARC-G EE IL .MOtiIT This RcPT aALANCE MPTHOD OF s`A7.1-BEN A1:0*-'NT NUMBER ---`----'-------- 760,00 iC66 Sz TAL JAMES S, MATiSON, P.A. T sr'G-'A -CCau r �n� E�s��n xets ° 0 3(;x 86 K.F+ tA430, R. `s3t)3%3-k3,'6'o 1066 Fapv ;'vtvntoe Caunrr $ —760 00 Kiev" Hundred Sixt4 and 0Q,'!)0--*........................use.+t........ xs.astaf�xsaas+sssas�s Dik.Lxf�S -Monn�r Counrs Pianniatg 1)egt 2798 Chcncus Flw} Ste 4 10 'marathon, FL 33050 -- r_ 'I his fee paiai under prc tsi I S, Nt-%TTSoN. [AA. I ebmaw 1 2107 AOW�! 0,i, ctof (oj,xtizh V;"",(! —118 0 S D"" �LIung Dlfe,:tof I am mchving an AppHmtbn K Ad"Wramt Relief on and Mal%ann litai ilde Nlvo enclowd you W Ad an Aulhon"non hi Repmw% and a cWK drawn on n-,,� IuM A"our xi On amoumof$71tut Par A aMfoasm le N,vaw be Wwd that I and the lWaaMeN bclwve that an -applicarion obtaining; land.inner e Con,finnwnal rigN, M !be Pick en xvd J,i,,t Comp-or-sation is an unum"Wrionall CsaMO,-, FOf that 'Casc,", we McUw the WO Re urk, pa", and %wrxv the lot to WS a3 n(j j)fsaj<j $7f)0 if o'l oa ,oui ol" '411CAluns ccl;aldfi;N this jpplal;'x�ll>leare itit "na call of k a rile an e-mail and I will be picasthJ fn ate "ith you lana s ti Manson, Ph 1) fturratde Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Alexander Adams/ David DaSilva AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Jema Investments on Lot 9, Block 5, Largo Sound Village Subdivision, Key Largo, Real Estate Numbers 00474770.000000. ITEM BACKGROUND: A building permit was applied for on September 4, 2002 and a ROGO application was applied for on December 28, 2002. The applicant applied for administrative relief on January 24, 2007 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(o of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM =W �- MONROE COUNTY PLANNING DEPARTMENT Ig We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani, Director of Planning & Environmental Resources From: Alexander Adams, Principal Planner David DaSilva, Biologist Date: April 19, 2007 RE: Administrative Relief for Jema Investments RE 00474770.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: December 28, 2002 10 11 Date Entered Administrative Relief. January 24, 2007 12 13 ROGO Score: 21 14 Planning: 14 15 • (10) infill 16 • (0) Lot Aggregation 17 • (4) perseverance 18 Building: 6 19 • (-1) Flood Zone- AE 8 20 • (4) Water/Energy Conservation, 21 • (3) Structural Integrity 22 Environmental: 1 23 • (1) Group 1 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 9, Block 5, Largo Sound Village Subdivision, Key Largo 28 29 Owner: Tema Investments 30 Page 1 of 3 Reviewed by &Cc�3 \\mc-srv-gml\pub\GROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Jema Inv 02303953\StaffRpt allocation jema 02303953.doc I Applicant/Agent: None 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 Proposed Tier: III 5 6 2006 Taxable Value: $99,450 Purchase Price in: 1980- $12,900 7 8 III. LEGAL ELIGIBILITY AND OPTIONS 9 10 Eligibility for Administrative Relief Options: 11 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 12 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 13 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 14 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 15 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 16 annual allocation periods and having submitted their application for Administrative Relief no earlier than 17 the third annual allocation period and no later than ninety (90) days following the close of the fourth 18 allocation period. 19 20 Relief Options under Administrative Relief: 21 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 22 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 23 such other relief as may be necessary or appropriate. 24 25 The subject property does not contain sensitive environmental features or any significant habitat for 26 endangered or threatened species. It therefore does not meet the criteria established under the existing 27 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 28 for the purchase of property under Administrative Relief. 29 30 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 31 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 32 the Year 2010 Comprehensive Plan. 33 34 IV. RECOMMENDATIONS 35 36 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 37 and qualifies for Administrative Relief It is further recommended that a Resolution be prepared that 38 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 39 which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by gfc53 \\mc-srv-gml\pub\GROWTH MANAGEMENT1Non Geographic Projects\ROGO\Adm Reliet\2007 May BOCC\Jema Inv 02303953\Staff Rpt allocation jema 02303953.doc It �Es RESOLUTION NO —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JEMA INVESTMENTS ON PROPERTY DESCRIBED AS LOT 9, BLOCK 5, LARGO SOUND VILLAGE SUBDIVISION, KEY LARGO, RE # 00474770.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Jema Investments 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: Jema Investments application for administrative relief is for Lot 9, Block 5, Largo Sound Village Subdivision, Key Largo in Monroe County, Florida having RE # 00474770.000000. 2. The date of the ROGO application is December 28, 2002. 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. 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. 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. The applicant applied for administrative relief on January 24, 2007, under Section 9.5-122.2(f) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan. 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. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Village Subdivision and is not environmentally sensitive. 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 Page 1 of 2 .IEMA INVESTMENTS, LOT 9, BLOCK 5, LARGO SOUND VILLAGE, RE#(XA74770,o0 0o00 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 Jema Investments, for Lot 9, Block 5, Largo Sound Village Subdivision, 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(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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 2 1 " day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY AP OV TO FORM Dal ADMINISTRATIVE RELIEF RFSOU I ION Page 2 of 2 1EMA lNV[STMENTS, L.OT 9, BLOCK 5, LARGO SOUND VILLAGE, RE# 00474770.000000 h'?lE Ui:t'wR Tt1E'7F GWLY , i - ? L41c offilSny weD lllt Ptwsyay �' APPLICATION FOR bg� ADMINISTRATIVE RELIEF ~— �4dmini�lratieg Relieffer: b ?Gti.4i� Applicant is: Owner W Authorized Representative Applicant`s Name: DEBT ),OILER Applicant's [nailing address: P'o Box W Tevsraiet VI 3WO Owner's nine (i€ applicant is poi o%meT): JU MA INVESTN ENTS O%Twes address[ P) Sax 36b Kex l,ar Ft 33437 Phone: 305-21 g-I077 F KF.Y LARGO tZ 3343? (Pieaso attwh a statement eud>erizing Mreserrtation of this aMlication by someone ocher thin yourself. The statement sbould read: i, {owner's [same) authorize (individual you are authotizing to represent you) to represent my property fur this application for Administrative Relies` RE12t W74770,000000 Leggy description fattach metes and bounds description if necessary): LOT 9 BLOCK 5 LARGO SOUND uILLAGE Permit 0-02303553 Date of most **±cent R060licsiicm_ 2�Ct""�'� _—�— - What kind of administrative relief art you seeking? APPROVAi. OF ALLOC'A'nON f OR A 8t1ILDM PERMIT. Additic*rr� �orar;iepts: NOTARY: STALE OF FLORIDA �" A iieant'a pp �iewu- cowl-YOF i a ti v €1w foregoing sipature was ack.lc�wtedged be€ore me this;, Lday of " rV^ tr 0 a-? t By me crpro uued as itfenttftcaticn_ _ crowt�'�+�xr a Y PbC-�e,Er Mycommissirin eTres_ ,�� t —., € H +tu3sraa.rpp _ z— ` �wtx73rtbaS Sigpaium of Notary Public, 'te of Florida eurwsoayrleeeraerow, v,�n r.R s.r t t.�rsorr.g rcwx,a�c toep.m�..rrr�,e.,u.r.v�.r...ra.a,h...r �u...,.•.ae.iw.,e.. arrt�s ;tar. Avl- `;F i P?TSCE AI. Uc »SPfi PRINT TIME 14,44:37 'ZRATOR arberta TECIEW !ATE 0.05i .0 CEP{ # I 'WEE D By na&e"a CASH DFAWE-2 2 DEBI MIOLER ✓ r S 10.1 116.2 FOR DFH REL:CEF EY THIS R PT BALANCE --... 7a0,0C 7 p.r 0.90 7sozo , _AII: FAY hL A tr, N 2Yu2tHnR r " rv_ -- -- ------------ a -- 482 �.E 3"L RUF T 402 WMM OR h #tbK poomw tom. 3mmm SA` o ..mt7nogva 4 ProNrl.. Information for I I&! W Page 1 (42 4"" oof— D.. C~ ONLINE DATA CENTER If "MMEW j'Rlo;l-,.jqPlLlvk --No RFC'OR-0,S SEARCH PROPERVY INFOWMAMN FOK-: ,Alte=tr Key: 158 1887 RE Number 0047477(MKY)WO P. t -Proptro Detaih 0%,'vr,a fw Rrcowr P llCX Ott. PR VSJCai LOcATION K-Y LARGO LFGAI DF,4111MON Porch (v MAP t 10 %R64" SO� A(;f KFY T f 40 474710 TUA% VSHIP, RA�Lt 4747" 474160 PC Cone Map Size A'> I '�HAI iNwrte C SniA `- Mecnurn r- �,,lrgc LA%P Ur CC" hltp:/,'w-ww mcpafl, org`datacenwr,'searclifivck)rd, asp I-VID IRFA 1— '9,2007 m PrO t',1ntormanon for 1581987 Pale 2 of? r --, f Misctibaeous Imprerrmeats — '.SNH IHYRTFPt iL`STis TraF LG+%G7N A9OT"R Z- F.iRStLLY ROIL,VLaR CRADv t,jur FAX Not.I YEAR eaILDS\G MI'sc LLviE(N% la�t3 Jf3'T rriclns 0,0T Iw9o%F"W:�P,` Fat T_C DItit: SKKTkSj F-iXA81k( 10" _,'_--in 2Cg3 U ? d yf> y�fti 'a).SS(, Zf)Ol € Ir t; !?i zm1 i7{36fY le Ftx3 6M 1 ( 14314, 1"15 P ;3.782 (a.4&2 i1.3'rr 094 2l3 lql,} (; fl (41N ta,9tR liv:R i442 is =i T-;_ Ik bi.815 z. }I_ 'i 1 :sera 111$4 i JA' t' ti i?i BAYS t_ rZo2OAS tM 1'.1-1 .Awl fi MT91W_ --..— NoyF.-iiI RRk {Ytl?U4 RE !4-I* k_ LY yttw.; fut I"tr OT r'04. tf-A it Ci "I``11 f 1901 `sbr bNt?u z P Pk.F..t�F. G11 F tH tt (z}ili E 77ifE i(? YfiiM_kss ti', 5,>LY O.t I'E i3F?YC'E4A Rk:LY)H[Ci PRIcr Htln�:iP,tt.R 1"twi whr t "�-� ifrtri?ii9' I� Y>;t 4i;t r 71SE fti'"ftQ I_,J:.v i4;1 View Tax Collectur Record Thds page ha, been visited 6,1 54 times. http /Ww sv.rslcpaf . r 'dataczntc searchft€� erg. sP I'9!2C9)7 l m a v: y � P C � N 7 x yam_y � K Tt 4 � i 7 % r � n3 b q a v c q 9 � a o a � r { q G m �i �2 !9 ry z 3snuw- 8 2C}t `r7 RE: NOTICE OF AUTHORIZED AGF_NT TO Whom It Nlav Concern_ i Alex Fur✓, am ors; of the recorded owners as tENt--1 Investments ofthe following described real prcpenty; Lot 14, Bkx:k i, Largo Sryund Village RE #004747710,0# l € authorize I?ehi Miller or Maureen Schneider as my agent to oon iuct all business nocessam to jinxess and obtain all required permits from M miv�e County' I IRS 'Monme Count} Public Health Unit. and any other necessary agencies for the coresmvGtion of a single family residensx on the aforesaid property or to file for administrative Relief., c`iAlex Perez Tema Investments Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Ramon & Elvira Perez on Lot 23, Block 11, Key Largo Ocean Shores Addition: RE# 00500070.000000. ITEM BACKGROUND: A building permit was applied for on October 14, 2002 and a ROGO application was applied for on December 30, 2002. The applicant applied for administrative relief on February 21, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forRamon & Elvira Perez, RE# 00500070.000000 1. BACKGROUND The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and having submitted their application for Administrative Relief no earlier than the third annual allocation period and no later than ninety (90) days following the close of the fourth allocation period. Date Entered ROGO: December 30, 2002 Date Entered Administrative Relief: February 21, 2006 ROGO Score: 20 Planning: 14 (+10) (+) (+4) Building. 5 • (-1) (+3) • (+3) Environmental (+1) 11. CURRENT CONDITIONS Page I of 3 Infill Lot Aggregation Perseverance Flood Zone AE8 Water/Energy Conservation, Structural Integrity 1 Group 1 Reviewed by cvC�� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliefl2007 May BOCC\Perez 02304412\PerezStaff Report.doc 1 2 Location: Lot 23, Block 11, Key Largo Ocean Shores Add.: RE# 00500070.000000 3 4 Owner: Ramon & Elvira Perez 5 6 Applicant/Agent: None 7 8 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 9 Proposed Tier: III 10 11 2006 Taxable Value: $15,000 Purchase Price: $11,000 in 2000. 12 13 III. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 17 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 18 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 19 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 20 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 21 annual allocation periods and having submitted their application for Administrative Relief no earlier than 22 the third annual allocation period and no later than ninety (90) days following the close of the fourth 23 allocation period. 24 25 Relief Options under Administrative Relief. 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 27 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 28 such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant habitat for 31 endangered or threatened species. It therefore does not meet the criteria established under the existing 32 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 33 for the purchase of property under Administrative Relief. 34 35 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 36 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 37 the Year 2010 Comprehensive Plan. 38 39 IV. RECOMMENDATIONS 40 41 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 42 and qualifies for Administrative Relief It is further recommended that a Resolution be prepared that 43 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 44 which closes July 13, 2007, or next available allocation period. 45 Page 2 of 3 Reviewed by ort7c)-�F W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief,2007 May BOCCTerez 02304412\PerezStaff Report.doc m_��� JI r — ■ ■ • r-lL 7 mop • �I L ill ON , 1 .1 lb Fs ,,,,,I rcru•Maev �T n rov, III RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY RAMON & ELVIRA PEREZ ON PROPERTY DESCRIBED AS LOT 23, BLOCK 11, KEY LARGO OCEAN SHORES ADD. RE# 00500070.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Ramon & Elvira 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: Ramon & Elvira Perez's application for administrative relief is for Lot 23, Block 11, Key Largo Ocean Shores Add. in Monroe County, Florida having RE# 00500070.000000. 2. The date of the ROGO application is December 30, 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 9.5-122.2(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 February 21, 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. S. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Lot 23, Block 11, Key Largo Ocean Shores Add. 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 RE_souTTION Page i of 2 RAMON & ELVIRA PERU, LOT 23, BLOCK 11, KEY LARGO OCEAN SNORES ADD_: RE# 00500070,00")o 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 Ramon & Elvira Perez, for Lot 23, Block 11, Key Largo Ocean Shores Add. 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 July 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 21" day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY A TORNEY �APPRQ Et1�FORAI Date: a0 72 ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RAMON & ELVIRA PEREZ, LOT 23, BLOCK I I, KEY LARC,O 0(EAA SHORES ADD.: RE# o0500070.00WOO APPLICATION FOR ADMINISTRATINT RELIFF Reh'e"Tet S -60.(!9 X A,i-N)riz�d Appk3nfNvu: DEBT MiLLER ApvkarW: nn-,ii,mg flo tl,,, 147 Td,t-,-xT rAmC k WA OWrl'�M RAM ON & FIA IRA PLRU cKknr;s adklr-: I'to 4"-XTA\ SHOR-L" DR ph'nt 7964 -'4)411 Fax -- -------- Pi c3,st attach a it atcmc ni autfv)n ting 0t, of,, is application by 4imeorw )the r dean yourstl [he statemcm 3hould read: towrWr's tvaaw) aiithorizx Iindividuai v;)u are aithorizuig to mpres'mi yoa I re,,ptvsenf ntv property for Phis apriicanon fcr Adrnini,'wauve Rclief and 1 i KFY LAR,O(X'�Al, SIORI�S ADDM0N Permit applicalijr, 12 �O!)2 What kind voU seeking PROV,10, OF AL --)CA PON 14,1k A PUM1, V, )'z A R WSJ, IT 0F Ff-(,' ,R IDA signawre cot -N n-- ol WwS —ILI t !--f �m x of Horid'i r ceruaty : Y, w; RE: NOTICE OF AUTHORIZED AGENT To Wbom It May Concern: I Elvira Percz am ©wzier with itamon Piz oFthe follow* described real prop tty: L©t 23, Block :1, Key Large Oscan Shams Addition RE #)454)0071.0EKl40b I aarharze Debi MMIer as my agent to cordxt all business necessary to pros Property Information for lol7920 Page i or-, OM.uNr. DATA CENTFIt PROPERI'V INFORMATION MR: Al>emtc Kc, 1617920 RE Number iWOI)070-400)00 Prim L ASK Questiaa of t tlus Parsee Properi< Details (a Rft ORP III VIk At, LO(A I WN Lvau Omwwm, Sk(I'101, TO" ISHIP, P-Alct Mm"GE GRMr PC ('013c map, "�Ize A None '4aafl * Medium Large �4 A, 1v 4 no Acrial Vi": v Off On t,..d w its L'11) t 'E c(J.F rR0%lAGY' DVPIIH LAID AREA Purcef Value IijAlory T�X RM4 It AR St ww"'c Sits( cr i-Am"Oul. DM'; S4'moa-s� 1AXAIPF, Rf,(,'ORI)S SEARCH hftp:rY%-,s-w,mcpaq rec�yrd.usp 22lAM7 Proff m Information -.,-,r 16 1 7Q2.0 IV, Parctl Saks ItMor,, OttttA4- kE( ow X'ig� Fax U—INmor- Aclorj Ibis page hafi hetn visited 13,5 It, times http:iIN4',VW,Tacpafl.t�rg;,J4ta,eater,seAtcfvr,!c,)rd asp ')17 J!?w 17 PP-E-FT # 9�4 DATE 0 2 / 2 6," 2 7 -,!ME 12;33!C2 A C 2 " 2 2 OPERATCR COPY # CASH DRAWER 2 FRCM ELVIRA PEREZ 1-07 I C 6` 2 ?OF AEM-In, PE !�F KEY !A-RC-c-, RF# oc,5 0- 7EE :D AMOUN— THIS RCPT BALANCE ONING-032 16 f) li c 7 60 0 0 '7610 00 0ACC mEiE010 OF PAYMENT AMIZNT WNSER ---------- -------- --------- 760.110 .432 RLCPIET 1432 RAMON PfR12 Ile EtVIXA FtREZ - Key $ 'REGIONS gA1t+ 6 3 66 6 3 1 - County of Monroe Growth Management Division PtaAelos N rrmem .. Nsrd of COmmiieioxt ? �i�hXJ �3ier .� tkh-wu. 4-st o a �i 'tea ? I t*' r. F r t,- ) c c fl s �r- G,cs=c Yas_n�, teat_; We strive to be earieg, prof�uunal esnd fair Date: Clear Applicant- `Chis is to acknowledge submittal of your application for_��--- s`�a # _ ! fir i '.ice the Monrc>e County Planning I)epar n ent. a5'e are anable at this ❑nne to issue a receipt of,,our application, as it will take our staff two working days to determine that alI required materials reia<ed to your application have been submitted. AK applications rerei-�ed after 1100 Noon will be considered as submitted isle following )wrking day. Also, as required by Monroe County Code, planning staffi %vill review your application after acceptance, to deem it complete within an additional fifteen v orking da}s. Thank you. Planning Stab _ i4'(3R�VTT?ii.��AL�`.41'_tiI':r:>�r�,�iex=Plaan3r�.4pp'.i a':an Pareduref�Urm_1ppf��stfonPcr��-eP.a�fwe Form`-Appff;.arwn a>eep`asv Pig IRK may" Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes — No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas & David DaSilva AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for David and Terry Hann on Lots 7 & 8, Block 7, Anglers Park Subdivision, Key Largo, Real Estate Numbers 00552090.000000 & 00552100.000000. ITEM BACKGROUND: A building permit was applied for on July 12, 2002 and a ROGO application was applied for on January 13, 2003. The applicant applied for administrative relief on March 2, 2007 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes — No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM ="-. ` MONROE COUNTY PLANNING DEPARTMENT _ zn We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani, Director of Planning & Environmental Resources From: Alexander Adams, Principal Planner David DaSilva, Biologist Date: April 19, 2007 RE: Administrative Relief for Hann 00552090.000000 & 00552100.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: January 13, 2003 10 11 Date Entered Administrative Relief. March 2, 2007 12 13 ROGO Score: 22 14 Planning: 17 15 • (10) infill 16 • (3) Lot Aggregation 17 • (4) perseverance 18 Building: 7 19 • (1) Flood Zone- X 20 • (4) Water/Energy Conservation, 21 • (2) Structural Integrity 22 Environmental: -2 23 • (-2) Group 2 24 25 11. CURRENT CONDITIONS 26 27 Location: Lots 7 & 8, Block 7, Anglers Park Subdivision, Key Largo 28 29 Owner: David and Terry Hann 30 Page 1 of 2 Reviewed by C3�C�3 W:AGROWTH MANAGEMENTiNon Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Special Apps\Hann 02303148\Staff Rpt hann 02303148.doc I Applicant/Agent: Debbi Miller 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 Proposed Tier: III 5 6 2006 Taxable Value: Lot 7- $7,800, Lot 8- $7,800 7 Purchase Price in 1982: Lot 7- $7,119; Lot 8- $7,119 8 9 III. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does contain sensitive environmental features or significant habitat for endangered 27 or threatened species. It therefore does not meet the criteria established under the existing Policy 101.6.6 28 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 29 purchase of property under Administrative Relief. 30 31 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 32 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 33 the Year 2010 Comprehensive Plan. 34 35 IV. RECOMMENDATIONS 36 37 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 38 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 39 by Monroe County Land Authority. Page 2 of 2 Reviewed by C'VCS�3 W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliefl2007 May BOCC\Special Apps\Hann 02303148\StaffRpt hann 02303148.doc I el vs qpl- 00 q,l Yw- ,wk CSC 41 ib lk X —.W2W - )is I h .1 pp! A _= W,W— %W!; fir. , mx Oft 11 ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY DAVID HANN ON PROPERTY DESCRIBED AS LOT 7 & 8, BLOCK 7, ANGLERS PARK HAVING REAL ESTATE NUMBERS 00502100.000000 & 00552090.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, David Hann submitted an application for administrative relief under § 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. Hann's application for administrative relief is for Lots 7 & 8, Block 7, Anglers Park in Monroe County, Florida having RE#00502100.000000 & 00552090.000000. 2. The date of the ROGO application is 1/13/2003. 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. MCC § 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 § 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 3/2/2007, under § 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. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Anglers Park 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 parcel for purchase by the Monroe County Land Authority. ADMINISTRATIVE RELIEF RESOLUTION FOR PURCHASE Page I Of 2 HANN, RE: 00502100.000000 & 00552090.000000 10. The subject property is in an area of indigenous hammock and is designated as Tier 3 in the proposed Tier system. 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. David Hann has met the requirements to receive administrative relief for Lots 7 & 8, Block 7, Anglers Park having RE# 00502100.000000 & 00552090.000000. 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. 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 day of 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IMo (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION FOR PURCHASE I IANN, RE: 00502100.000000 & 005520W000000 Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY APPROVE S T OfRM 7 (� Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY DAVID AND TERRY HANN ON PROPERTY DESCRIBED AS LOTS 7 AND 8, BLOCK 7, ANGLERS PARK SUBDIVISION, KEY LARGO, RE #s 00552100.000000 and 00552090.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, David and Terry Hann 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: David and Terry Hann application for administrative relief is for Lots 7 & 8, Block 7, Anglers Park Subdivision, Key Largo in Monroe County, Florida having RE # 00552100.000000 and 00552090.000000. The date of the ROGO application is Januaryl 3, 2003. 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 March 2, 2007, under Section 9.5-122.2(f) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan. 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. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Anglers Park Subdivision and is not environmentally sensitive. 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. 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. ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 HANN, LOTS 7 & 8, BLOCK 7, ANGLERS PARK, RE #s 00552100.000000 and 00552090.(00(XW. 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: Administrative relief is granted to David and Terry Hann, for Lots 7 & 8, Block 7, Anglers Park Subdivision, 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. 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. The allocation award shall be taken out of the next quarterly allocation which occurs on July 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 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Ibbrd Mayor Mario Di Gennaro MONRA COUNTY ATTORNEY RP OVEDYIS TO RM IDate: ADMIMSTRATIVE RELIEF RESOLUTION Page 2 of 2 HANN, LOTS 7 & 8, BLOCK 7, ANGLERS PARK, RE #s 00552100.000000 and 00552090,000000. A tszcaxrx APPLICATION FOR AD -NU V) STRATIVE RVI.IFF__-- 4dmwi_riraiive Relief fte S 70.00 Applicant is: Quret X Authcrized Re, ru ntatiti;? Applicant's Name: 6E511, R LER ,Applicant's mailing ailGfew Pf7 jinx 147 Tavermi Pt � W,0 Owner". name [ if an7 ieaat k not owned; David lianil Ctw hers rsss:3 3 iiaSir.YGA rY C[R P Ile 14 01S7 fax, _. . REY LARGO FL 331,17 rPlease attach a statement authorizing mpresentation of this applitatinn by sruneorie otN+ r than yourwif The statement sh mld tend: i_ (owner's name) authorize (individual y(m ate authorizing to repre t yoj1 to represent my,,vop-rny for this application for: Administrative Relief P E� OG�53 t�3.G�iar34€i � 44552t13t2[p�(iit� i t al rapt on (attach ,netes and pounds �i rtirtr n t esxan is t iY1 ? 3 tSC (if A \t Lf'g6 PARK hermti .023ti148 Bate sof rr,ost recent ROGO r licntian: t i3i103 Ahat Lind c3 achmmnktrafivt retiei arc aau �ekmg' AAPIIROVA OF ALft}C`A"HON FOR A F3i.'R DINk, PPRMIT, &itiztrual Caxnments: SIA E Of FLORIDA Rppl cznts Cignatre i hz foregoing signature was aeknuwledged Fe oe r mu this I dap otl.7 'i f 4 ---------r(i i!� Rv � t< fYk, i�t' %hcy i. pert h} krruw 3 Me Or ps,�ducfd as idezlifcc�n_ — ;rr� `� s reQE ce is p'<3-es: c^ ara e YAwt ex i� ' true of *Cc+rary Plalrhie_ State cifTioritia� rw�,xx 1wa�RQl.rz+a �}sx{a'rfMtM=TeFtaae¢bCmlAgykrtais. P.-emiMr.% f�eY.Ikm"r5 AAYir*ur��R'q� a6aNwt Fdie.Hx 1�R! Pa>N'T', tnl")rmi!ion for '677647, faze ! -st- 0*,,i-i-Nv DATA CFNTER REcoRos SFARCH PROPERrV INFORMAY)ON ffJR! Alternate Kz�y W7647 RE'Numtx-r: W5 52 100-40% pl*t Search Aogafr Search Results Ask ouestmabwll this Parcel ON"fx OF kt"Oko Y4 PMk if L %r"Y.± ES;Wnate Taes Ntlp Sue ACTWI Vie'A Off Ou L,m, I t Cow, if L,,i, ARE I'k,( ROLE YVAK 84 Wst w! A%mm j"m S*,;oks) TXASL F' --:arch-record,asp 2!117 2*7 I pro-p,rt} 7nfo-ndtion t'or pagc I of 2 ONLINE DATA CENTER Rfcow)s Sv,,kR(-t# MOMATN INFO"ATIOIN FOR: Allematc K�� 16-77639 RE Ntrvnbet: Pat Seamh Again Seorch Results Ask Guestion about this Parcel 0"Ek Of Rv,fMD PWIVIRTI MAP & tir twi, Lslo Sit-tw" NM A'.f Gkot p Estimate Tax�,,; Map Sue N ( ow Iviedium Lw� ;c Axial Vies8: Off On t,**d Drtxih t-,\o t 't i ',)w Roul, v 4AK at w)MG xt"Fric^i (tX-kflfki I INO t 14�4, 11Y I f4)4-1) 14A February 19_ 2W7 RE: NOTICE OFAVY140RIZEDAGENT To Whom Lt May concern_ 1 David Hann Am owner of the following &-cribrd real property; L or 7.8, Black 7, Angie Park A0055204q-(WKM 1 authorize Debi -Mi ler as my agent to wnduct aii businc�s nec-zs.� to pmces, and a htain all required pernuts from ,Monnv County. FIRS Monroe County Public HcaM nifit xiesfor the construction of a single family resi&nce for Administraliv�c Relief.. County of Monroe Growth Management Division nxtsa�s LitlikiX90 Haxrd erCounir ammusnaoerx Rhr fYc sitikY-xa-r :� F,f ha.3- t C Urct S FA Fxt 11'151Sd i We strive to be caring, professional and fair Date_ Tnnc, Dear Applicant: This is to acknowledge submittal of your application for to the iatonroe County Planning Department, We are unabL! at this tame to issue a receipt of your application, as it +gilt to e our staff two working days to determine that all required materials related to your application have been submitted. All applications received :filler 12:00 Noon vvill be considered as submitted the follovving working dag. Also, as required by Monroe County Code, planning staff will review your application after acceptance, to deem it complete within an additional fifteen working days, Thank you. PIanning Staff W-{sKOli'Fi! Ms+tiAt3t3+lE'v i :Tc•m.I:.ie-Ris �.rr� .4ppt�naas - F�trxe�fU-c Fssm'.iph�aticzn A�ccptse i'nxe�'-i:?n FOM 4nplicatum Recej,- nmt Pr«2ceiu. _s - PK atfiec.de�. MONROE CO7JNPi f Pace MIS_w-TEfOUG REOuTrT PRTN'T DATE 03t,15IE0C? PRINT TIME 0840:39 OPERATOR : iarerta COPY # 1 RSCEiVED by : harterta ..ASH DRAWER: 2 REC*U. PROM U'i>E=:iittH MILLER ;.ZAP' 106.1 IMF l o-5. 2 NOTES : FOR A.^MIN, RELIEF RE#C0552100 &C0552090.CC0000 FEE D AIVOUN'' THIS PCPT EAF_"CE �OTSN -"v32 ;E0.00 760 0G - --�.CC TOTALS: _r76J=CC --y C r0 ? 7HCD TF PAY'�!ENT AIM C--' lT NLWBER - ---- ---------- — -- ------------ — ---- HECY 760.0C 157t; TC AL RECEIPT m� PDEROPAM K Ir{illFdi 1670 rxvt3i*nEr,, aaam sg.m pa y to the �.0� 7i30�i 28�c2 2t33 �R �OCI7Cl6r► i6?i} Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Celio Munoz on Lot 12, Block 1, Extended and Amended Plat of Key Largo Ocean Shores, Key Largo, Real Estate Number 00497710.000000. ITEM BACKGROUND: A building permit was applied for on May 30, 2002 and a ROGO application was applied for on February 13, 2003. The applicant applied for administrative relief on September 17, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A UUATRACI'/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Director of Planning & Environmental Resources Julianne Thomas, Planner David DaSilva, Biologist April 23, 2007 Adininistratizie Relief for Celio Munoz, RE 00497710.000000 I. BACKGROUND The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and having submitted their application for Administrative Relief no earlier than the third annual allocation period and no later than ninety (90) days following the close of the fourth allocation period. Date Entered ROGO: February 13, 2003 Date Entered Administrative Relief: September 17, 2006 ROGO Score: 21 Planning: 14 • (+10) Infill • (+) Lot Aggregation • (+4) Perseverance Building: 6 • (-1) Flood Zone AE9 • (+4) Water/Energy Conservation, • (+3) Structural integrity Enz,ironntental: 1 • (+1) Group 1 I1. CURRENT CONDITIONS Page i of 3 Reviewed by W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief2007 May BOCCMunoz 02302324\StaffReportMunoz ALLOCATION.doc I Location: Lot 12, Block 1, Extended and Amended Plat of Key Largo Ocean Shores, Key Largo, 3 Real Estate Number 00497710.000000 4 Owner: Celio Munoz 7 Applicant/Agent: Gay Marie Smith 8 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 2006 Taxable Value: $17,250.00 Purchase Price in 1994: $32,000.00 12 13 III. LEGAL ELIGIBILITY AND OPTIONS 14 15 Eligibility for Administrative Relief Options: 16 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 17 the 2010 Comprehensive Plan provides a mechanism whereby an application which has not 18 received an allocation award in ROGO may apply to the Board of County Commissioners for 19 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 20 all requirements of the dwelling unit allocation system and having been considered in at least 21 three (3) of the last four (4) consecutive annual allocation periods and having submitted their 22 application for Administrative Relief no earlier than the third annual allocation period and no 23 later than ninety (90) days following the close of the fourth allocation period. 24 25 Relief Options under Administrative Relief: 26 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 27 122.2(f)(6) include issuance of one (1) ROGO allocation awarded, just compensation by 28 purchase of the property, or such other relief as may be necessary or appropriate. 29 30 The subject property does not contain sensitive environmental features or any significant 31 habitat for endangered or threatened species. It therefore does not meet the criteria established 32 under the existing Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 33 2010 Comprehensive Plan for the purchase of property under Administrative Relief. 34 35 The applicant has requested administrative relief in the form of a granting of one (1) ROGO 36 allocation and has not expressed a desire to sell the property to the County as provided for 37 under Policy 101.6.1 of the Year 2010 Comprehensive Plan. 38 39 IV. RECOMMENDATIONS 40 41 It is recommended that the Board of County Commissioners find that the applicant has met the 42 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 43 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 44 ROGO allocation period which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by W:AGROWTH MANAGEMENT\Non Geographic Projects'ROGO\Adm Relief2007 May BOCC\Munoz 02302324\Staff ReportMunoz ALLOCATION.doc p - 1�11r� cow. Aft -,AIM X1 I a IIIIIIINIMI M-1 I a 127-1 RESOLUTION NO —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY CELIO MUNOZ ON PROPERTY DESCRIBED AS LOT 12, BLOCK 1, EXTENDED AND AMENDED PLAT OF KEY LARGO OCEAN SHORES, KEY LARGO, RE #00497710.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Celio Munoz 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: Cello Munoz's application for administrative relief is for Lot 12, Block 1, Extended and Amended Plat of Key Largo Ocean Shores, Key Largo in Monroe County, Florida having RE#00497710.000000. 2. The date of the ROGO application is February 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. MCC Section 9.5-122.2(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 9.5-122.2(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 September 17, 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 Extended and Amended Plat of Key Largo Ocean Shores 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. ADMINISiRATfvE RELIEF RESOUCTION Page 1 of Mt 1NOz. LoT 12. BLOCK 1, RE# 00497710.000000 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 Celio Munoz, for Lot 12, Block 1, Extended and Amended Plat of Key Largo Ocean Shores, 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(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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE E— Y ATTORNEY APP VE TO FORM s Date: � ro - ct ADNIINISI-RAI1%T RELIEF RESOLUTION Page 2 of 2 MtNOZ, LOT 12, BLOCK I, RE# 004977 1 O.000000 :l!,Y'tta I APPLICATION FOR ADMINISTRATINT RELIEF - f�mrarstr�anr- Reliel"fer. 3"`f�a.flir App_tican7 ist ;"+:�.vrx. �Aothori7ev' Represerrtats-c hprficanfs'Naine: Gay Marie Smith 4ppi€bents r iis; addre s PO Sax 1638 Tavernip-L..",-F'T- 3' 07Q_.. 0'*--Cf 8 rmrc (i1 app'cant is rq*t Ce 2 i o Munoz iw er',a d�eas.355 Loeb Averse XL, PL Phon€: t'ax: Wlewe arrach a gwemenr hu"honling Fvp es,Cwation of hk app.SCatior hp 5omeo" othsx when yaarrself The stwement'houdd read: ",, (awneename i suthwize i;rxiividua tiot; arc aui ?arizirg ro relaesew soW io reluvsent try propert, for this applicsiio;; for Adrm:nistratite metier' RED 0049 77 10 , 000,00 Legs? descrip?ion (airach,seas and nu d. descr pti m !f rxeessarp} i of__1 Z BLbck„_l of _ 3nen3eu & --xcended Plat of Key Lar o Ocean Shores Nrmt* 02--3-2324 Date i i most resew,-. RO(. O appIicarxu_c: _. _2113 0 3 kind of ad intzTatii°e relief are 4(n seeking T{ia nxe & ri Y ��npr' ar�nu..s1.t.i�r Will 6e in the POGO system as of 2j13f07 for the reguird four years. The applicant >s requesting Monroe County either purchase his property or issue 't. s permit to he may mild his home Addiso,,uA Car;rnen*s s NOTARY, STATE E OV PE.OPff)< �ppFiCarr's yit3 at::re COUNIYOII� Monroe T e (, ;ag in�;ignaru: ua, ackn nieded befire me this day t t' rrt5zrnor TitomeotFrtrdu d as ;denri�7sz[on. co-r rn;s.;r>r�eti ire - Sign re t.f:N. a : ibiI, S ate oft iJrida toe) mi. cr CELIO MUNOZ 365 LEOB AVENUE KEY LARGO, FL 33037 September 12. 2006 Monroe County Planning Dept, 2796 Overseas Highway Marathon, FL 33050 ESE_ Permit #02-3-2324 [dear Tiffany, Cefio Munoz is the current owner of the above permit in the ROGO system_ This Letter authorizes Gay Marie Smith to act as agent for following through and picking up the permit. Please contact me with any further questions_ Thank you. Sincerely, Signed and sealed before me this L)- day of September 2006 appeared Pelio Munoz who is personally known to me or has producedt!PL-- as identification _ My Commission Expires: Notary Public Sig tune �sd}�':alilrxNTs'�«"sk�r , �rmdtw!l for ONLINE DATA CENTER RECORDS SEARCH FlkorERn, f,,4FoR%4Auo-. vow Alwatatc Key: I f,) 15 5 71; Rf Nwvber: 00477 1 0-00'!(W� - Prowtv Driath OWNY'R (* RECORD M0 =tillt I k t I'M W',v, L,-X,kTlo% K", I( I �R,,o Lsc*f W'i-RIPTIC1% Pk' 4 IA DN A; i-AN S-if),Vt- 14 B� ; 40 1 11%1,Sl o," & i, x I I It TI'l fle-N Kf 1 4WMlf', R �NGY I I - I - ,v .Nlll fGV MEAN OC*M �Mffol9 j 4)(es . "I-,-- P( Cour Map 'Size �,lcdium � Large L kND (-S*, C(4w LIND A 9VA No )ttp.e'l www.rnc I 11;-2607 Pr0perir infcmnat.�n t,lr 3r)E54'-9 Page of 2 4li3CE3.i-L�F-(N5 t Yeti RUi,418AR Bt'[3.I:t,(, Nte4tOV€50 StS Jr\�''TI<YEi t",iT7 Tvt;ei.t' i C1[e,L�ttit�t�\uzus} NWAMill ;-.}- r` Ti$ {4_L4 f @4"i4.:=d }i„sk i, I4_.:E4 19" r_ 14,2I4 t Q9i =1 a O"'Y't e IqqI [15v3 i9R4 Imo" a"00 T i XI ` vril 19£44 tt i n 19 t y+ { FYtee! Safes r C'rN -fit k li I t1 , tul tt?'Fl iF P.1 1tti �A )-tl FItRF3 \I4)i}11, fly fit\t) 4k "I tfk 4)-i5k t)k 4it}. ik,i Kd"t i `.i >- S UGiI 1111 iS.I= e,it 4 m K )t€ E^)4t i( 4u_r OAU -64. fwx IiXJ{fAtpa�.'E Pkif_f Ik.F't"Rt'M£.iY 33t-rla= �f?fYX; 4tiFZ Tas`alEetor Kern 11his page has bc!� n tiisieej l qj95 ;imcs. hvp w.mcpafi,orgdat e_it�e=ware ;rec r�, p IIL:2 07 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Dennis Leith on Part Tract 4, Blue Water Trailer Sec. 2, Key Largo, Real Estate Number 00489130.000000. ITEM BACKGROUND: A building permit was applied for on September 4, 2002 and a ROGO application was applied for on February 20, 2003. The applicant applied for administrative relief on February 21, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners r, Through: Aref Joulani, j �1 Senior Director of Planning & Environmental Resources t From: Julianne Thomas, Planner:- David DaSilva, Biologist' Date: April 19, 2007 RE: Administrative Relief for Dennis Leith RE # 00489130.000000 I. BACKGROUND The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and having submitted their application for Administrative Relief no earlier than the third annual allocation period and no later than ninety (90) days following the close of the fourth allocation period. Date Entered ROGO: February 20, 2003 Date Entered Administrative Relief: February 21, 2006 ROGO Score: 21 Planning: 14 • (+10) infill • (+) Lot Aggregation • (+4) perseverance Building: 6 • (-1) Flood Zone AE-9 • (+ 4) Water/ Energy Conservation, • (+ 3) Structural Integrity Environmental: 1 • (+1) Group 1 II. CURRENT CONDITIONS Page 1 of 3 Reviewed by cfa`� \\mc-srv-gm1\pub\GR0WTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Leith 02303945\StaffReportLeith ALLOCATION.doc 1 2 Location: Part Tract 4, Blue Water Trailer Sec. 2, Key Largo, Real Estate Number 34 00489130.000000 5 Owner: Dennis Leith 77 Applicant/Agent: Gay Marie Smith 9 Land Use District: Urban Residential Mobile Home (URM) FLUM: Residential High (RH) 10 Proposed Tier: III 11 12 13 2006 Taxable Value: $79,075.00 Purchase Price in 1998: $50,000.00 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or 18 the 2010 Comprehensive Plan provides a mechanism whereby an application which has not 19 received an allocation award in ROGO may apply to the Board of County Commissioners for 20 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 21 all requirements of the dwelling unit allocation system and having been considered in at least 22 three (3) of the last four (4) consecutive annual allocation periods and having submitted their 23 application for Administrative Relief no earlier than the third annual allocation period and no 24 later than ninety (90) days following the close of the fourth allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5- 28 122.2(f)(6) include issuance of one (1) ROGO allocation awarded, just compensation by 29 purchase of the property, or such other relief as may be necessary or appropriate. 30 31 The subject property does not contain sensitive environmental features or any significant 32 habitat for endangered or threatened species. It therefore does not meet the criteria established 33 under the existing Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 34 2010 Comprehensive Plan for the purchase of property under Administrative Relief. 35 36 The applicant has requested administrative relief in the form of a granting of one (1) ROGO 37 allocation and has not expressed a desire to sell the property to the County as provided for 38 under Policy 101.6.1 of the Year 2010 Comprehensive Plan. 39 40 IV. RECOMMENDATIONS 41 42 It is recommended that the Board of County Commissioners find that the applicant has met the 43 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 44 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 45 ROGO allocation period which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by cfc�a \\mc-srv-gmI\pub\GROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliet\2007 May BOCC\Leith 02303945\StaffReportLeith ALLOCATION.doc 0 NA SR X1 ­71M MWI RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY DENNIS LEITH ON PROPERTY DESCRIBED AS PART TRACT 4, BLUE WATER TRAILER SEC. 2, KEY LARGO, REAL ESTATE NUMBER 00489130.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Dennis Leith 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: Dennis Leith's application for administrative relief is for Part Tract 4, Blue Water Trailer Sec. 2, Key Largo, in Monroe County, Florida having RE#00489130.000000. 2. The date of the ROGO application is February 20, 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(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 21, 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 Urban Residential Mobile Home (URM), is located in the Blue Water Trailer Sec. 2 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. ADMLNISTRA I ITT RFUFF RFSOLUTION Page 1 of 2 LFITH, RE#00489 t 30.000000 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 Dennis Leith, Part Tract 4, Blue Water Trailer Sec. 2, 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 July 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 the2lst day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY ATTORNEY APPEO FARM Date: _ _ AD'4FNISTRAT[VE RELIEF RESOD TIoh Page 2 of 2 LEITH, RE#00489130.000000 IE 0 F0P DEPITrAE N r ONI y APPLICATION FOR ADMINISTPLATIVE RELIEF App, €icatn i,Reprtbeatativc Apph,��nt , Name -Ve Applicaru s mailing 067 pinc a stater rent authorizing Of this aPjI1X4fJDn fy. 5ometmo other u-'ar. yourself. The wetr�nt s;wfd-j ytaj, <i,-,,4ividualyou are authorizing to rePfewn, you repr-fj�L fo, this iS apphc4tioi for Admau5trative Relief' 0 metes and bounder tle!��nN eisaxy pemul # E)4w,-` I,V%a kind of le - NOT. R� , STATE ()-,FLORIDA couvn oF'kit tL4 4( Signat ffit of !�,---N'7 LATE 2 2 c / 2 r:MF RZ-2Z:P— DATE OPERA—_ 1 6 3 3 ?4 ------- -------- --- -------- 0:'� C7- PAYMENT AAlz--- --- ----- ------------ -;—CK 10 7,7Al DENNIS A, LEITH 512 1`2 PAkKEP VP iS A awk of AmericiL csi2 Residential Dwellip"nit Allocation Evaluation —Summary Scoring Sheet Applicant: e" Date: Planning Department Points Scored By: .4 3"O '�!5 ° year eacn',ea' a-,� f�;; 'ea's `�Stc­'s,anL Land Use D's'n--t 1", :'9'5 to be eligible for these points must agree to 1,300,RESTRICTION and other Iltnitations le: porch site, arciosurs, etc, f wa:k'42"' 3 "._e! N: a: �_emc­d nfI RCS , po,-'n-s a s tS!;s 'r,_CU:red 'APH » antS -,,z s o b'e, b! IS t's Sp i.OfhabitabieSpace 'Restrctcr; nr Attached `MODULAR eiidenfgI Jwei"inp ""tl r"nj'cad reciTeme-41t tr klon'-oe Count' 2 P.;_; 9 T RE's aftar^,,,' dvveFlirgs` -RE S z is Nanning Depattmert Subtota': 16.1 10 11 R APPIca-It: File Environmental Resources Department Points Cute: St;bject property requires wetand mrdpoon (AIDID): YES NO a GTZ 2 -2 Pn Moto G04S 1 MIS n A 4 d We reotg ama pa to AW 5K T! Y 60 p MF '"Ig awe -4 pwt --tabCltc-%'s -- C' -� ,?me Ranly S:s';es G 7-3 -to 0IMHOwd0m: C 3 g me NAwre 531 CC Key r WAS Key rp 0 "n-1 b! unis Key ORM Suge unn"! S 00 A-M 0 copy 5JMWCAA�' squon awn ;Ono 0) Bed EaTe SMOASY am e ions Si Negative m;3aVC.—serOvi Lard -2 Ponm :u: 'yp S Environmental Resources Department SubWal: T M Applicant: Date: Building Depart-,.- nt, Points — Scored. Q,_ COWN KV X Me I Pyn" �Ca__fa S,�7e� t�ss�,�rce�s System 1 P Pon, 'e, se,�tcz, U�*2 CY, �O;Vne :�f '2 50-2 ga!, C!s*,-n7 2c," AY tow-Sa CSM,--S,,S facfit' OR Sqc�rAanY -1 CKM a MM �7�L- lak a,, S-t1Vatq- Cnse b; ism Mh rmn. sclar,�,::� ,sate- SYS'ePl A 9rd AND. OR dxlvs,��_ -eat ns. Vc-' 1 -4 mat, WMXon Spam - 41 sn=" hnrr,; a EmOs n- MW enewn, ty �n r� MM an MH ad I A Ir Wh%Qd 0 W wh Cate ABS! nis n" N: Scam toga & xami paws t*,age cf uncovered �cr.,as sq_,afe fee_ 'jaTe tere a garage" Yes tiere a Jeach�'I guest hou$O 'e'es— N"'I a :,,r­,O5eL4 in gr^,Ljr,.,, POO: '-'as — "": __ Detaclned VOILLAR smOAq jrt r-,6e,,,5 t� V Valme Qzt1, o Aztached :esi�.erjjjj =,4,0,j g ANNI TwWoveN fx Vovme way., Building Department Subtofraj: Final Review By :, - , ,-r" Tctal Score: 'f LM w � � J �Y �t�i,� -• �r -1 -•din _ Vrop�!rlz ;nlornation or ; bo �� 5 114 Ildge 1 '42 j ONLINF DATA CFNTER Rf-,CORDS SEARCH PROPER I'VINFORMATION FOR: AJte,-,wfc Kc% : Jf)() 1578 RE Number 00489110-00()(),iO POM I S"r" Again ASk. prurkm piow,l Ijx '11c, il 94 K0 LAP(A) L� Ali, f, Q 't I P, uR4 i4 01L , , K f f" ll-j Till T IT E-q�te TOMS Map 'Size lNonv r Small r- Medium r. Largv - LAnd Details L,ID t St C014 I-A,Ml A RI % VrOr,eftY inlOtmation ';r : 601 ,79 Page 2 of - ------- ---- F"RMLAEM MUM" MIA -11"Mcis Ext VIP I Pl,�, tNor r canes, SEMOR.") tx,RLF 2M 5, i �,9 r,r 14'j W I 1 0 k49 114 1 HI 41 :,4 M, 111, 111 R I I IN M M W MM NUT WO% trMPM CAI m ROM L Tom lomoxf" �1, SkLF, D1Tf Okalk-fv- ktcokos m($7, 111SIRI AP Vwm, Txx Collector Rcccarj FhN pap has been Wited 2Q44 nmz7� NEW APPLICATION FORM: Tc t3 ----------- - MONROE COUNTY PLANNING DEPARTMENT APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon: (305) 289-2500 Plantation Key: (3051 852-7100 Application Fee: $100.00 OF PECor'c- CAR--- -0j - �: �E �� r DEL;','EP EASE L T-,E OF;!CE CLOSESTO PRC,-ECT E 'S 0'4L_( 7H ACCEP-IEC r A 'E ., -,PP_ 1� AND DFcf,�,ED ::DkJPLETnF. S SUB"IT-ED P"' ------ State Age s arr e v", stfee' Address DPC PER _1Y DFS('tciPT10t, zr, "Paal- S'ez' �'_'J_BER OF J"41TS rj�tj�e t40,,,e R"" Check Yes or No, If Yes, then attach the requessted documents: Yes N./— r ne"s '-n_ t";n'rc at%cC- a ccwl >fa PPOsezl'te��­�_� 0,f "r'!5 9- ard Qf';-tc w"!crcean e Y" N-4 e Wf� De'-'a'l-ent Yes Nqx— T-,,- a-OMqa±,-Cijcas dec cater r cf '&C-arl hu'iaaGle rar-� %aTed'n ""eas tll+s anpkat'na"" * Oefta' PC— Vhs L4"o�giv, a'.Of Qfowner_SN�' 3; IrOP06*c! WARRANTY DEEDfSl ac(^,a`plf�cPs�ase -:St 'rg RE '{Si e •he tanc t:) ble :t�_caled Yes No� B"Acll'g err co, d lro sev'n ""ea" ner_'" �-fli POGO 'x" �s D-er x qLta,l Yes NoY ol RC,1,0, of, --,s a,e tr,�tjrnneK. 0 TE, je;efo�"r, x!i' e-" -0 re ar"j!'( a Op_ a rt � ied C ZJp -Cr� .-,e 'PE'5 e0' c-RE to J w1*1 MT 2 - Z' ';�gnature c)f Ap�:­�a',' Oise an, zrj S•t to t'*fwe -e ro �rf:, pnze'xed Z.� dd rJvl '�,x ',Ake ar :,8m "Z"77" 77,-' TO BE COMPLETED BY STAFF- DATE. TIME:,,'," PERMIT 7" L. ------ t_� -------- -------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Al?_, �CA DENNIS A. Let" 30--,064,uw � 11 *RKFA LVi. 964 OLAWRAD�k -1ta L 4 nkof "ttica m Ai. Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MU 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Alexander Adams/ David DaSilva AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Dean Parkinson on Lot 26, Block 3, South Creek Village Subdivision, Key Largo, Real Estate Numbers 00467020.000000. ITEM BACKGROUND: A building permit was applied for on January 6, 2003 and a ROGO application was applied for on February 27, 2003. The applicant applied for administrative relief on March 1, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A_ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # To: Through From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani, Director of Planning & Environmental Resources Alexander Adams, Principal Planner David DaSilva, Biologist April 19, 2007 Administrative Relief for Parkinson RE #00467020.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth % allocation period. 8 9 Date Entered ROGO: February 27, 2003 10 11 Date Entered Administrative Relief: March 1, 2006 12 13 ROGO Score: 22 14 Planning: 14 15 • (10) infill 16 • (0) Lot Aggregation 17 • (4) perseverance 18 Building: 7 19 • (1) Flood Zone- X 20 . (4) Water/Energy Conservation, 21 • (2) Structural Integrity 22 Environmental: 1 23 • (1) Group 1 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 26, Block 3, South Creek Village Subdivision, Key Largo 28 29 Owner: Dean Parkinson 30 Page 1 of 3 Reviewed by ct�o� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliel'2007 May BOCC\Parkinson 03300059\Staff Rpt allocation parkinson 03300059.doc I Applicant/Agent: Gay Marie Smith 2 3 Land Use District: Improved Subdivision Masonry (IS-M) FLUM: Residential Medium (RM) 4 Proposed Tier: III 5 6 2006 Taxable Value: $40,000 7 Purchase Price in: 1982- $6,390 8 9 III. LEGAL ELIGIBILITY AND OPTIONS 10 I I Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does not contain sensitive environmental features or any significant habitat for 27 endangered or threatened species. It therefore does not meet the criteria established under the existing 28 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 29 for the purchase of property under Administrative Relief. 30 31 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 32 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 33 the Year 2010 Comprehensive Plan. 34 35 IV. RECOMMENDATIONS 36 37 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 38 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 39 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 40 which doses juiy 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by oy(� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief,2007 May BOCC\Parkinson 03300059\Staff Rpt allocation parkinson 03300059.doc It lowA. '04 WA4A row", vi Ulf IL r. rj tip V A, ri WA bw I IMMEEMEMEM11 I I RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY DEAN PARKINSON ON PROPERTY DESCRIBED AS LOT 26, BLOCK 3, SOUTH CREEK VILLAGE SUBDIVISION, KEY LARGO, RE # 00467020.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Dean Parkinson 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: Dean Parkinson application for administrative relief is for Lot 26, Block 3, South Creek Village Subdivision, Key Largo in Monroe County, Florida having RE # 00467020.000000. The date of the ROGO application is February 27, 2003. 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. 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. 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 March 1, 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. The subject property has the land use district designation of Improved Subdivision (IS), is located in the South Creek Village 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. IL 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. ADMINISTPATIVE RELIEF RESOLUTION Page I of 2 PARKINSON, LOT 26, BLOCK 3, SOUTH CREEK VILLAGE, RE#00467020.00(0)0 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 Dean Parkinson, for Lot 26, Block 3, South Creek Village Subdivision, 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 July 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 May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro :APP ROUNTY TTORNEY RO El FORM WO, ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 PARKINSON, Lai 26, BLOCK 3, SOUTH CREEK VILLAGE, RE#00467020.000000 Uf -A-PPSTLICA R)R L—WMINIPUMV RELIEF —UST Applicant is, '-0"" Applicanfi,amt: G I ay Marie Smith I'Mthonzed Rrprcsenta1i,,v Applfcanl's rwthng a4dress.- PO Box IC, 7av t-I,-r FIL 33076 Owmer'3,iame fil'applicant ib not ownerr Dean Parkinson CKvner'sadJrLSS:-PCj Box 1937o Key largo, Phune:451-1531 CL iflease attach a stateTnevauthonnng rqwccnutwn of this apphiafion by sotneoncxhcr than your -'cif. The itawnen- should mad: 1, (ownes name} authoaze (mdis-idual you are auth,mnng sa rexvvit YCII) to rrpmnt rny prc -Tty fi Vt ir this Wplicatiun for Adminwmtwe Relief" RE# 4 �676 2 0 - �00O 0 00 Legal &setipbon (attach rnties and bounds descriptor Lot 26, Bl,ock 3 of South Creek V-1age, 33 ii 059 2 / <7 `03 Whar kind of�aminisznanve ehef are you stekine The above permit has ben in th� system three years and under the current ROGO system, the Owner nas done his due diligence and imay apply for administrative relief to be tssjed his permit Additional CoTnlfnents: NOT,A.RY: STATE Of FLORIDA Sig-.'arzze COU"'ry OF T7 c foregoing signarzxe was acknowledged beftvc nic this of .�O- I- I Snit vylioisMvionaflyknown w rw or proJuccd Ft 41) Mv conmswon CXPIMS Signature of',Nowi Public, State of Florida DEAN PARKINSON PO BOX 1937 KEY LARGO- FL 33037 Monroe County Planning Dept 88800 Overseas Highway Plantation Key, FL 33070 RE_ Permit #03-3-0059 To Whom It May Concern. I. Dean Parkinson, am the owner of the property for which the above mentioned permit has been applied for. I authorize Gay Marie Smith to represent my property for this application for Administrative Relief Thank you, and please feel free to contact me if there is anything else you require_ Sincerely Dean Parkinson Signed and sealed before me this day of 0 2006 appeared Dean Parkinson who is i#y''nd�,to me or has produced ------__-.._.___— as identificat r — My Commission Expires Notary Public Sign tore texIE r� M M'sqkx c-� ccmrcA#'sucr, /�.r55,... ��_ $ ti'A9L"l.ry: JCSkOfY� F§S"4Sy ASYI. age PF I' '�ATR -REC-Fl i-FC D� 7 T TA — Jr Psi hE Almol ----------------- NUMSER ------------ -C TAL 712CEi;— LL 6 -,0 9138 DgM P"KINSON ec I Box qv KEY LAP,:iC, FL 33M�,' 76,c Bank of ArMiCA m I riformaiion for : �7i'41 2 7 PaLc I viw Q41JNE DATA CENTER ' - --- --- - -- SYARCIJ Rrcom, tM PROPCRTYINFORNfAl ION FOR: Allematc Key 15 7(427 RY'Number, (Y,467o20-uf)0W0 Pdal 'Sooch Prnptrtv Defaits - OF RECORO LNDAREA �p 1:4'200 w 03 P;alcrtc Infortnai;an for ji7,042' P<n�:e . of Paint Yalat History - — - 'AN ROLL N t:AR 61 k MIi .. 'Etl�cu LAIIM S i.,i1'n JL4T i.4Ci(pf�iF�`G (SY}"F 7lSn.@Y I�TfACT�F.�ff=�'Cti C>["Lt"DLL(: SFlIOR5j yk> rareet gates ruiran - .- %o f f ' Ot R 4f, vRt , iq* i 1 PO %11. INvo to f f%ukF 'It fin Nf (TI t \OF 14108" i F e3 f i'I, Gn10CH of fIt k IF'.R F0 PRO(11, 11, _i.4Lf DAIe Ot"F1CmLkC iYUYtRAS BOOKTAGi (�BdP:$ 1_*�i 4'Ri ttFS7 Vie,A Iax Culleeiur R,eeard This p-ue has bin �is[ted 1269 times_ rtip:'�+��a.mcrtait.€>rw'daiaeert.r:�cart;F`recurti.asp i��`4t)tl7 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Alexander Adams/ David DaSilva AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Dean Parkinson on Lot 17, Block 3, Buccaneer Point Subdivision, Key Largo, Real Estate Numbers 00496131.006100. ITEM BACKGROUND: A building permit was applied for on February 20, 2003 and a ROGO application was applied for on March 20, 2003. The applicant applied for administrative relief on December 10, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A, DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT VVe strive to be caring, professional and fair Board of County Commissioners Aref Joulani, Director of Planning & Environmental Resources Alexander Adams, Principal Planner David DaSilva, Biologist April 19, 2007 Administrative Relief for Parkinson RE 00496131.006100 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: March 20, 2003 10 11 Date Entered Administrative Relief. December 10, 2006 12 13 ROGO Score: 22 14 Planning: 14 15 • (10) infill 16 • (0) Lot Aggregation 17 • (4) perseverance 18 Building. 7 19 • (1) Flood Zone- X 20 0 (4) Water/Energy Conservation, 21 • (2) Structural Integrity 22 Environmental: 1 23 • (1) Group 1 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 17, Block 3, Buccaneer Point Subdivision, Key Largo 28 29 Owner: Dean Parkinson 30 Page 1 of 3 Reviewed by W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliefv2007 May BOCC\Parkinson 03300667\Staff Rpt allocation parkinson 03300667.doc I Applicant/Agent: Gay Marie Smith 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 Proposed Tier: III 5 6 2006 Taxable Value: $746,235 7 Purchase Price in: 1982- $27,628 8 9 III. LEGAL ELIGIBILITY AND OPTIONS 10 I I Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does contain fringing mangroves along the shoreline, but no significant habitat for 27 endangered or threatened species in the proposed development area. The proposed development will 28 comply with the shoreline setback requirements of Monroe County Code Section 9.5-349 and. will result 29 in no negative environmental impact to the mangrove fringe. Therefore it does not meet the criteria 30 established under the existing Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the 31 Year 2010 Comprehensive Plan for the purchase of property under Administrative Relief. 32 33 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 34 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 35 the Year 2010 Comprehensive Plan. 36 37 IV. RECOMMENDATIONS 38 39 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 40 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 41 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 42 which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by _ovC�� W:AGROWTH MANAGEMENT\Non Geographic Prcjects\ROGO\Adm Reliefft2007 May BOCC\Parkinson 03300667\Staff Rpt allocation parkinson 03300667.doc a Fls� 111 i--j I " ter W-, RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY DEAN PARKINSON ON PROPERTY DESCRIBED AS LOT 17, BLOCK 3, BUCCANEER POINT SUBDIVISION, KEY LARGO, RE # 00496131.006100 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Dean Parkinson 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. Dean Parkinson application for administrative relief is for Lot 17, Block 3, Buccaneer Point Subdivision, Key Largo in Monroe County, Florida having RE # 00496131.006100. The date of the ROGO application is March 20, 2003. 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. 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(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, December 10, 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 Buccaneer Point Subdivision and is environmentally sensitive as it has a mangrove fringe along the shoreline. 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 Page 1 of 2 PARKINSON, L.or 17, BLOCK 3, BuC.ANNEER PONT, REMX496131.006100 12. The subject property does contain a mangrove fringe along the shoreline. As such, any development on the property shall comply with the shoreline setbacks as requires by Monroe County Code §9.5-349. 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: Administrative relief is granted to Dean Parkinson, for Lot 17, Block 3, Buccaneer Point Subdivision, 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 July 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 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LM (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION PARKINSON, LoT 17, BLocK 3, BUCANNEER PONT, RE#00496131.006100 Mayor Mario Di Gennaro MONROE COUNTY ORNEY APPROVED AS ORM Dot Page 2 of 2 APPLICATIONFOR Ai MINISFRATIVE RELIEF PO Pox 1639, Tav gr - O'ner" =vL t;l n,T Fl, B,ox 10A'l, Key Largo :Jtt<ch .1,wteat, nl awhe,67,ng olhf than w Lp"),icali'm ft" R F,,,, ',)04'4! ;1 . [1f)±, - ---------- Lot I-,, BUck 3 Point 33-3-,667 - - ---- 3 J' 2 0 3 Tbe, p p--3iow.,j�,r' -JQ,at Ion ToeT , -,as =eon in the ROCO, three._eats ,syst-grip q _nq -aiid—j-s_r gi�,, tj ?onc e Count% -'0 his -r��L ... .... . ---- Nol RYr ----- -- — - ---- S'rA 1E OF 11 ORMA Sic,t atwm - ly winwAMINAOMM f1uhlic, State k'l- County of Monroe Growth Mana2ement Division !Jania+AeggjTmtPC O-Ig Wgh", - At ��� L P.�r-t< '.J',,, — kia,-,t PI, ,,— :3oas We sithe to h, raring, professional Date: Time: Dear Applicant: This is to acknowledge submittal ot'your appficatior, for to the Monroe tv Planning Department. Wc are unable at this fiflic to issue a receipt of your application, as it ,rill take our staff two working days to determine that all required materials related to Your application hive been submitted. All applications received after 12:00 Noon will b'a considered as subrnjtted the following working day. Also, as rGquired by Monroe County Code. pluming staff will review your apphcati, _)n 3fteraccep%lncti, to decria it complete within anad(htiorial fifteen workiiw days. Thank you, PlanninL', Staff k ,A AM L "I"I N,TuIng -�V, DEANPARKN80N PO BOX 1837 KEY LARGO. FL 33037 Monroe County Planning Dept, 8880Overseas Highway Plantation Key, FL 33870 RE� Pe'mb#O3'3-SG7 ToWhom |tMay Concern: /. Dean Parkinson. amthe owner ofthe property for which the above mentioned permit has been applied for. | authorize Gay Marie Smith torepresent myproperty for this application for Administrative Relief. Thank you and please feet free kzcontact meifthere |o anything else you equine, 3muaoa|y, '.` . ^-4- =n Dean Parkinson Signed and seated before me this 2006 appeared Dean Parkinson who m Qwn tomeorhas produced aaidentification. yNyCommission Expires. ?roperiv lnft=jIj'-'fl tor 16129iG Page t of-, 7 (?FLINT DA-rA CLN'FF.R ow. RECORDS SEARCH PROPERTA NFOR.MATION FOW A4cmat� Key IoI2tJlo RE tiwntrcr, W4961514)OOloo Ou"Wo abotg this Par(* -Pmperiv Details -- 018 "CR "t R kA URD pnistc N1, L'R 'luv% LEGAL MSCRIPMY, PW,f, Ki;', 1 40 Allf ttGu G R(A P l'94' 100, PC Cow Land-- IAND Ulf, CODC PROPLRTt MAP too 40, 4 Nlap Size 4"wc 1, Sma lt I- Medium Lame LIVARCA VI I ?rc riz rty I n f carnation for i o f 21) I i1 Page 2 of 3 �}'aru! 4'alse Kictory ---- _ Mt5Cr.11i"'Ful :5 Ti�Rot�-YehR Bleust�e LAND f YM nc^l,"Of -F,ahABilC IMF wolfwrtars IV 1. DIN,;""sNfovsn Parcel Sates E{stare.. ____ �i;Sf!- C117Z REi v_T_It{ly\P:tI4£ia il61 IZ!(>T!)IffpFi i1flilyNfiftN1,1w"ItIf#_1, 4 f t i)S 4j I f_ I11k}t t, f vi i I IXfi_' Nor'rPA CRt iAsi: Gfl Eol RO ftt IMt I ilmi. kaliI, OFII(T4,t R66 IRDS smE' 'OF, ISEI(1KiP.Sf'sF: MCC 1"Tkit'M5111 View Tax Coll ctor record I ris page has h>`cn wisiic;J 2,358 tinw-s. ittt�::'.5ti°u�i,mcpaf.�:�:-data�tl�ter'sx��lrc�%sect3rd.ss� i i �Lp�7 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Alexander Adams/ David DaSilva AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Norka Rodriguez on Lot 1, Block 2, Sunset Waterways Subdivision, Key Largo, Real Estate Numbers 00529770.000000. ITEM BACKGROUND: A building permit was applied for on December 10, 2002 and a ROGO application was applied for on March 28, 2003. The applicant applied for administrative relief on December 19, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners . Through: Aref Joulani, Director of Planning & Environmental Resources From: Alexander Adams, Principal Planner David DaSilva, Biologist Date: April 19, 2007 RE: Administrative Relief for Rodriguez RE 00529770.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: March 28, 2003 10 11 Date Entered Administrative Relief: December 19, 2006 12 13 ROGO Score: 22 14 Planning: 14 15 • (10) infill 16 • (0) Lot Aggregation 17 . (4) perseverance 18 Building: 6 19 • (-1) Flood Zone- AE 9 20 • (4) Water/Energy Conservation, 21 • (3) Structural Integrity 22 Environmental: 1 23 • (1) Group 1 24 25 11. CURRENT CONDITIONS 26 27 Location: Lot 1, Block 2, Sunset Waterways Subdivision, Key Largo 28 29 Owner: Norka Rodriguez 30 Page 1 of 3 Reviewed by g-165�3 \\mc-srv-gml\pub\GROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Rodriguez 02304498\Staff Rpt allocation rodriguez 02304498.doc I Applicant/Agent: N/A 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 Proposed Tier: III 5 6 2006 Taxable Value: $53,763 7 Purchase Price in 1980- $24,000 8 9 III. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does not contain sensitive environmental features or any significant habitat for 27 endangered or threatened species. It therefore does not meet the criteria established under the existing 28 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 29 for the purchase of property under Administrative Relief. 30 31 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 32 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 33 the Year 2010 Comprehensive Plan. 34 35 IV. RECOMMENDATIONS 36 37 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 38 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 39 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 40 which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by olCc`iF \\mc-srv-gml\pub\GROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Rodriguez 02304498\Staff Rpt allocation rodriguez 02304498.doc a a 0 7A - RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY NORKA RODRIGUEZ ON PROPERTY DESCRIBED AS LOT 1, BLOCK 2, SUNSET WATERWAYS SUBDIVISION, KEY LARGO, RE # 00529770.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Norka Rodriguez 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: Norka Rodriguez application for administrative relief is for Lot 1, Block 2, Sunset Waterways Subdivision, Key Largo in Monroe County, Florida having RE # 00529770.000000. The date of the ROGO application is March 28, 2003. 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, December 19, 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 Sunset Waterways 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. ADMINISrRAnvF RELAF RESOLCTION Page 1 of 2 Romta Ez, Lai- t, BUX-K 2, SCNSET WATER WAYS, RE#00529770.000000 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 Norka Rodriguez, for Lot 1, Block 2, Sunset Waterways Subdivision, 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 July 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 May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MON E COtiNTY ATTORNEY IZOA A OvE TQ FORM Date: AD%11NISTRATIVE RELIEF RESOD+TIoN Page 2 of 2 RODRICATZ, Um I, BLOCK 2, S1 °NSET WATERWAvs, RE#00529770.000000 KK-�a s'LL APPLICATION FOR _ ram: LLi ADN4iMSTRATIVE R L(EF ' Ad ministrrarme Relief fec $760 00 Appittantts��Qwner sAnt�orzcdR�rcSrnfztzve Owner's name of appticant ,s dot wwac-): Cnvnefi, actarcas:--_ ---- F arc �-1,5 Fax. c? Z75 (Plea -se stracr a 5catzrrimtauthon2ing :opreserdatfan of this appttwa6tor ray sarnronc ntA,er yoarselt- ine ssatement should read: "i, (owntes aerne) aut* owv- (individual you are authorizing to repres sit y&j) to r€ptesent my property For this appfiatton Car Admm""trve Reaef" i2F4 a i J,-i I Legal drscripton (anazh metes and bounds descnpti4m J nrmury). � _ f 71- -- What kind of admmstrafive relief are You seelcrig? i 1 t 1 r , fni��N*HK8�91nrnerifs'_ ate: r �ftr vrjj r-pie s f �r'r::'tf f'Y1-� rCF NOTARY SIA1FOFFLCRMA c- Ap b. zts.r wifw GF 0,5, Wit-' l tce foscgOaag atimanlrt was 3i:iWcX3edged : xti rm this � 4y �f _. ��f } i ,1 r Ar-e Who is ppersana' lyur:orvn t, ,ram or prvcur,-ed _. as ackmificati+m. MYcomff ss:ufl <spxrs_�y_I Si ature eiftiot Public, State of .lama �, r'W 4.1 County of Monroe Growth Management Division We Arise ta he paring, profes-iiohalaAdfair I , )ear Applicant RwIrd M, 1, D: P-it.., 17a Date: Time- Tlis is to acknoA ledge submittal of your apphcanon nor to the Monroe County Planning Department, We are unable at this time to issue a receipt of yourapplicAtion, as it a ill take mo working days to cleteiTnine that all required niatenals related to your application have been submitted, All applications receiied after 12:00 Nx)n will be considcred as submitted the Ccllowing workuig day. Also, as requireci by klonfoe ('otinty Code, planning staff will rcviex pur application after acceptance, to deem it complete within an ajeh!ional fifteen working dj�s. Thank Vol]. Planning Staff Ilk, (A:,�Aj It 114A "A' NaTmln.{ Fonn,ApyL,4tian .*, �pt-rw, A FIDAVIT FOR AGENCY I hereby authorize ILIbe listed as (Nary r Agent(s)) I A.ahorized agent for �012�ii44 j 7Csi ,ic'"L h*-19 for the (Name of Owner) purpose of appiysng and suing for all permits, Th=s authorization becomes effective on the date this affidavit is notarized and shall remain in effect jrW termmated by the undersigned. This authorization ads as a durable power of attorney onY for the purposes stated The undersigned understands the liabilities involved in the granting of this agency and accepts f;111 responsibility (thus holding Monroe County harfrdess and HRS) for any and all of the actions of the agents} named, related to the aoquisition of permits for the aftrementioned„zamp" any. Owner Signature NOTARY STATE OF FLORIDA COUNTY OF MONRQE 71- The foregoing instrument was acknowledged before Erse this ("dt�iday of 200 ., by (Name of Person) My commission expires C4-+P0 i 0 =- Ma4'&L , tY3;r Signature of Notary Public State of Florida Personalty Known V or Produced Identification 'ype of Identification Produced *&q cjc'kSaw 0$�"'t4 a E re�ti�i77->'� APPLICATION FOR AUNUNISTRAT[VE RELIEF Re +arc^rents IUT,4amir ivt dv,s Relief l) IF a- appixant fay an altocvton awArd: a- Who '-xi aomphiA with ah rcgtiircrwnt of the Pereta A,locatioa Sy5Eem; and b Who R#fc�caur�as sp�acatsTn'�s Rat trier �REi>drawn; and c_ ui ese proposed dtvck Fmcat otherwrtse facts ill apphz.ablc eourry, stair. asp ?cs:cry: regti 3't,ons, and d. Whoae application has been domed an allocai an awwd tar titan �uc��ye Yearn to '3 e Y —ro tt Rlloeatio€ S}Stcnx, and fails to r; :Gctvc an a locaeiort ;rward, eaid : pt,llcan; ncoy appiV to the board fr, adntinisirative relief puvsua3 trx the term; anc t-cne5t-i-nF se: farts, hrmin. (2) An appkcaimr, for administrative relief shall be trade en a form ,prescribed by the Dirceto: of Planning and :nay ne filcd -aE the Darector cf Planning ap ea fifer t�n�te rortrtusa ngt ' c tt.rd f�ai all -at;an pe,tod and no Wet t"sun ntr ctv° (90 d4-5 f llow. [hc cicsc fo,Lth annual air—t4on permd- 1 upon filing of an apptEcaran fur adxnintsustive rel.es, the Dircottx of Planning shall fxv rd u> the board all relevant files and records relating °e the subjcct applications Fai[Lm ;o file an appi,catirm AS11 �Oolritute a .vrs:ver of any rights under this section to assert that the subact property has hcen taken by the county without payment of;ust aompensm%cn as a res,:It of ti,e dwelling ipnit sllmilta,m ,ystem f4) tlpvr, rceeipt of an appficz.i-m far adinmvsirative robe , the hoard shall notice and hod a pubnz hearing at Mitt the appiiaant will be given an cppo unity to be Iitmard, [5) The hoard may revn:w the relevant appifcatiors arw' applicable evaluation raniong, taking ttvurno ;y from county staff and othcTs as may be necessary and hear testimony and revww vfcuroeniary mdenve subTrAttr d by tk applicant. (fly At dx aonelusun of &x pablic hearing, the board may take the fvilow"mg agterms: a. Offer to prrchaae the proptrty at fair market Yulut. "Fair market value" shall be an atriourt which Is no iess than ad vaiomm valuation at the Monroe county Rea; Property Tax roll for !lie year 1992, b- Permit the riummum masonabie economic use of tie proptrty. "vfi rr rm rrss,)nxb.e economic rise"' means: as appamed to any resideetiatly vai,eJ lot f rtco7d, which w,4-' buddublc irmrxifiate2y prism to the ef;eaiv^, kola o; the Plan, no less than a singtc - fa toiv residence. c- Suggest such otter rebef as may ye necessary and appropriate, County of Monroe ES mmvW mQ M 4 Salk 4 10 mWx fto Tom LIux Spehm IIW, i ms"U"�, FWxU -05" Geov (,kwvl , th*, Z V'Am- VI'M Z,*� V" C-� ch.� Lett VAX (I'M M x53F coraacCe ret-, Oto, "; La�-ra Wwwater P,OBox 819 ,r3vcmier, FIL 330701- Re: Rcsulvk of the qim' er mating Wober 13, 2006, of the Dwelling Unit Allocation 3y6trm 13uil,dirg Permit *Q.' 3-4498 Dent Ms Blucwaler: on I it WNW, the Hach itts Deput—t furwarded a repon to the "Mrw CouldY Plaiming that included a ranking of a�vliceims %uhraitted fm OW first quarteT, ytUr fiffees, of the Dw4ling Unit Allocatim System. 12119/2006, the Commission met in a public hearing to review the report xxf the mikoigs. AS a result of that mtoing and palmt to planailig Cotrmimism Resolutim No, 524k, The ranking of your 4iplicatmn wag Wt Suffi—rO to remotes an Allocawn Award. Ibis letter shall - a i re n2an in th ,erva % offic;al nonficacicim If Wa take no funkier =1knL Your sprilim6on will I v and will be a,Aitm to mvicw ding the following 4vaner. tf you choose to chat wit] jnv4�cytKu Mainumber of ?OWA3. yOu may do so by 5ubmiair4 0 WaVlete al Oa VPlicHtlCiu WId 0 WX),W fft, I'LIO"WIT to Sec�on 9-5- t �Ss mofthe CD&, you hive the right to appeal the derlkkm of the PlAnrting Comm stwh appoitl shad be fliJed with test Coimky Administrator Lnd cite director of Planning within twenty (20) days of tht Plam4 Commission's &6sitmt, and will beu-h uled bcfom dw Momw CmAty Board GF commisswmm, Pie jx- 4*wr, that all ROGG ailocstiomi w-e subject to the cesspit I'VlacefftenU elimillak'a program Per Adminigtratkm COMITIIWOO RUIC 1'40. 28-20, 100, 1: you h#ve any questions, please mitact Tiffany Sumkiew;CZ 0." tier Ptarm5iI4 Depal mew at A$"VrA DOVA1,4M ONLINE DA'rA CENTER --Aadwmwdbo RYCORDS SEARCH PkOPERli INFORMATION FOR- Allemale Kc- 1648011 RF Number 0029770-0000,41 Print! searchApfn I .A&k OLwstiwalicot tNs pafv-q -Propertv Dawls- ol—f'R OF Rf:rORD %1H 1 1 pfll.h '11, L lx'a fl.11 tjG'l Dfli(RIFJRhC Kf) SP, Ifol, Nill t '4 :F (;RI't p IN Coor Lind LISP ('IL ( IJFJV PROPERrN Sl"P It C'w *A M'lp Size -','one ' Small ' Melum Larne I'AND tRf' lm..,nnation for I 16489t4i! -Parcel Value History T 0, Rol f Y EkI4 Bf wtitNt, ND "fpl 1� VIN f NO f N T W'.; I,,( IA WIG Sf"IfGR') ItSa a] k 2fg)-c �71 FarM Sale, MAtor- Ni'If Ot k {w qwP 'U� f l f , F� 'tfl 1�" m tflkf-� ff 'RttI\F —c 3—y' 101§ 1,111 W t ORD's �19 A 1, Vloe ' T Collt;tor FeCord This piigs has begin visited 2. ! 16 httpr,"A"wv j,,4, 21)ij,,7 NEW APPUCATICIA, IRM: MONROE COUNTY PLANNING DEPARTMENT APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon: (305) 289-25W Plantation Key: (305) 852-7100 Applicaflon Fee: $100.00 PLEASE PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD, IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE GROI,'VTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ONCE THIS APPLICATICN Is ACCEPTED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEWAPPLICATJON' IS SUBMITTED. Owner(s) Name: Ph, fM- (H)_ Street Address city, 1`v�o4i state: � L--Zjv: Agents Name, Ph, (W),67- Street Address, �,C-fho,( city, smote: it, z PROPERTY DESCRIPTION: Lot Block SubdiVision 4 k Key LL) Street� MM:"'' RE ()L`4k� I I b 6'& fr*A9S 4nd bourds, atrarn regal d4&scfiptk)n on,54parate street NUMBER OF UNITS, Mobile Horne:— House: I RV — Live -aboard: —0#10" Check Yes or No. If yes, then attach the requested documents: Yes — NO The PfOoCt is ax�,jning oxtiguous hots ir, a IegafIy platted st6divis" With water, 3,1ki pared reeds Or's otherwise b6kwdWsJTY- Pose attach 8copy 0f8proposed reStncqvecoenartfrn,,trPg the number of units on the property and runnk-q in favor of and erftceabIe by the County - Yes _ No T-le !,1A(s)wi4 toe affordable hoijsrg- AfLadlwnent recuireid as a MhffOnt aftclaWe housing approval f-c,- tars Piarninia Deparh'ient, Yes — NO n* proposal indUdes dedication of vacant, buOaabie 4nG located in areas proposed for acqasq�or. Atact<rrerts requkod with this appliration are- 1) Letter from the EtioiNist, stating ti,,e prop" � 006cafaabA* 2) �Od Of Owwshjfl. 3) proposed WARRANTY DEED(S) (C&At CAmm Deets w9I not be accspted)_ Pioase, fist the RE:'fs) of " land to be dedfed Y" _ N64 Tie AP134cwtis) �Si8re Proposing to COcS13-6-0 a residence tha! contains 1.300 sq ft or Iess of habiiabe space and agrees to a Bi-,#ckV P&rntt eondlijouu, 4rrqbg the expansion allowance for a re5rdentim ewe0wg for a ftdod of seven (7) years wbw not comer V C-ait fcato of 0=4iancy �s .e It die SPP4canfts) qualify for irM ROGO pc*nts Note, Offw Writations may appty- Y. _ No � T-.nsfer of Roro E..npt3ons TRE's) are heing uttized in the devei0prilert Of 8V4kd**d dwe*ig un�s AawAmantraqu*ed, The applicant must sLtmit a copy or a cwtW copy of the recorded Development Order aporowV he THE for Uva protect, — TRE's Mere to be used Ior #,as apocat�, 1 CO'Wiftaf 10 have read and ftxa0*)0d this appbC8600 PCWing a&a0*198n#S and know Same to befrUe ape, ccfrec# '-j A# provmtonq of laws end ordjrnGes gov&TWV (W " y W(xk " comphed with wheolef Weceied her-fn cr aaf, -i:Adffl9 the pravhvw of Lc-cW, State, or Federal raqvarmNft nega" cors� or jj?e per"r 1ace ofronstftmorf, scbw set brth i" Section 9 5- t 13 of the Cc"* Code we hereby wwved pwkw 0 Not_y Signature of Applimnt Date swcOr to and u4scribed to bkwa rw day of 20� per-Tonagy known to me has as dwilkation and who did (did not) take err osM TO SEZOMPLETED BY SfAFF- DATE: Lk TIME: -0/ PERmrr # Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for M. F. Pino on Lot 1, Block 9, Stillwright Point No. 2 Resubd, Key Largo, Real Estate Number 00515640.000000. ITEM BACKGROUND: A building permit was applied for on July 10, 2000 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on June 14, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 19, 2007 RE: Administrative Relief for M. F. Pino Real Estate Number 00515640.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief. June 14, 2006 12 13 ROGO Score: 18 14 Planning: 14 15 . (+10) infill 16 • (+) Lot Aggregation 17 . (+4) perseverance 18 Building: 6 19 • (-1) Flood Zone AE9 20 • (+4 ) Water/Energy Conservation, 21 • (+3) Structural Integrity 22 Environmental: -2 23 • (-2) Group 2 24 25 II. CURRENT CONDITIONS 26 27 Location: Lot 1, Block 9, Stillwright Point No. 2 Resubd, Key Largo 28 29 Owner: M.F. Pino 30 31 Applicant/Agent: Richard Hopkins Page 1 of 3 Reviewed by c4Co-k� \\rnc-srv-gm1\pub\GR0WTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Pino 00303124\StaffReportPino ALLOCATION.doc 1 2 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 3 Proposed Tier: III 4 5 2006 Taxable Value: $33,293.00 Purchase Price in 1999: $31,000.00 6 7 III. LEGAL ELIGIBILITY AND OPTIONS 8 9 Eligibility for Administrative Relief Options: 10 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 11 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 12 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 13 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 14 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 15 annual allocation periods and having submitted their application for Administrative Relief no earlier than 16 the third annual allocation period and no later than ninety (90) days following the close of the fourth 17 allocation period. 18 19 Relief Options under Administrative Relief: 20 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 21 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 22 such other relief as may be necessary or appropriate. 23 24 The subject property does not contain sensitive environmental features or any significant habitat for 25 endangered or threatened species. It therefore does not meet the criteria established under the existing 26 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 27 for the purchase of property under Administrative Relief. 28 29 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 30 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 31 the Year 2010 Comprehensive Plan. 32 33 IV. RECOMMENDATIONS 34 35 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 36 and qualifies for Administrative Relief It is further recommended that a Resolution be prepared that 37 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 38 which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by &663 \\mc-srv-gml\pub\GROWTH MANAGEMENTNon Geographic Projects\ROGO\Adm Reliet\2007 May BOCC\Pino 00303124\Staff ReportPino ALLOCATION.doc Iqw, -i,-, I'IL I -ew k .4 IP-- - I �Ed RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY M. F. PiNO ON PROPERTY DESCRIBED AS LOT 1, BLOCK 9, STILLWRIGHT POINT NO. 2 RESUBD, KEY LARGO, RE #00515640.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, M. F. Pino 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: M. F. Pino's application for administrative relief is for Lot 1, Block 9, Stillwright Point No. 2 Resubd, Key Largo in Monroe County, Florida having RE#00515640.000000. The date of the ROGO application is April 10, 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 June 14, 2006, under Section 9.5-122.2(f) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan, 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. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Stillwright Point No. 2 Resubd 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. ADMINIS7RAI IvE, RELIEF REsouJION Page I of 2 PCNO, RR#00515640.000000 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 M.F. Pino, for Lot 1, Block 9, Stillwright Point No. 2 Resubd, 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 July 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 21" day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY ATTORNEY APPR ED AS T f ORM Dot ADMINISTRATIVE RLUEF RESOLUTION Page 2 of 2 Ping, REi#00515040.000000 P�J� ",IFXT OM Y APPLICATIONFOR (Pitt ADMINISTP-ATINT RELIEF App4cam is Authonzrd Applicant's Namc tz � r-r\ Appficans mailing addresis, LL4" —1Uk%-11 Owne1`3 Plums attach a swenent authorizing rqweserttatjon rA Thi5 application b�omoone ether lhan your -elf The statement should road; "I , tdwnelr's !zwnr! authorize iindlvljual ou are authori-nng lo represent ;ou) ce frPfes"nt i4Y Prt)Krt) for Nx application fir Aden imiLrftds e P,cljcf' - Rrl Legal dz riptmt (allach tnetes and bounds dcscrytioo Permit q:— Dat, cf most recent ROGO I is I'a What kind of ajmjnitmtn e rejjcf arc y.,,useeking" M, I -t Addilionai Ccm-rjents, fAr e(1 v I F � r L ci C- v1� C i-,z � M t"t ), A Aj NOTA'Y': STAI E Of FLORIDA COUNTY OF --_IX( to The foregomg signazute uas fc me W � t hi — s 4 T I � is Person4ltN known to me or prcdu4w as M, Kfas \fv c wwy, pubk I Woe Of fkxdo signa7er �4` S i<i e, L'114"A'Hs� Rar-27-(y(y 1I-41A P r11 NEW APPLICATION FORM: MONROE COUNTY PLANNING DEPARTMENT APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Mztathon: (306) 281 ZSW Pisrtt**m Key: (306) $52-7100 APOICatlon Fee: S10000 uEASE PRINT AND AT IACN A COPY OF A pp0pFRTr` RECORO CARE). If YOU NAME QUESTIONS GROWTH OR 'WISH TO MAKE AN APPOINTUFNT TO DELW,R YOUR APPLICATION, PLEASE CALL THE ACCEPT D ANU MANAGEMENT EMED COMPLETE, RF` EST � R IONSWItL L C)NLY ESE ACCUP 1, EPROJECT OWE TMIS AD IF AA CW V Aa PLICAT,ON IS SUBM1 ,TEEI Owners) Name /fpti d s1 Aoctr�s� t5rrC��rr r< as City: Age m's Name, ,4 'r�r+�k�7 f�l Jilc Street Address City �y� Slate / - PROPERTY DFSCRIPTtON Lot _�, gwch� �,,. Key —moo" ���� SL-rer tf rites andxvtd, sltaon leq,W deaa»(tfewr t7rr swera�te attest - - NU"*R OF UNITS Mobse -some' / Masse' ____ RV — U'e.atfOard _Othfts_ _ Ctrsrck Yq or No. If Yes, then &ttfth th* r8 sfsd docun»nLc Yes A tia Tne protect rcaft or rs od+envim belnuir� b1s rrf a t fach p 0opyY sutffitmoo amancey, and paved number of a d°r;� (' ease stfildl s cclp� ni a prpapsed rees b e mvorsm wry" mas on � piOP" and nrnr*`V 0 %4m raand Woo cnabe ty �he Cmunty �Y" No Tfte ur!tSsi "rI ba A ftdaW housm9 Attachrr*,tf r*gwr4 f is a Ms Curran° eefo dabre nrx ng at ovaf awn Prtreang nepaAnKni- YaN� No tf� Fr Sat mml--s d4r}r- mWn Of vAcart bumiaoio 4nd ora%ed r erears pro{sosKJ for aogo�sfson httact�merc€s'a0wred *4h It,* aupt�a"1 are ' 3 4%W from t!� Bsoragsf statutq s Pr�ty f ded, at" 2F c>'r.'sof of -"WshP, 3t NOWseat WARRANTY DEED($) joud Ciwm Cads ww � w aceeRmdj Pease t.st the RE (s1 of :and ro ne aedicaeed _ ' `�'Y'ff' t1 ham read a+sJ axemvred ehxs appF,�atK.tin x:c%rdmy alfschmmnts ens krauw Sams to 6e true and eorre 2140 p n�scns of a(Oft sax a dances uerrxfy PArs t}rx of wo±k at �o Nar1 w fh ah+tttsr sysc�sa m rroa rncf rha Grtrvrsm t acel Sfdte, cr F6r7erfU regarrramwr# , crx!iCrt + or Ufa vsrkxrrrsnca of carstrvthon and 31 ry 4zAenrxrslCr �Oty ty aCuJPt sat 'Wlft n Stk heat 4.5 r f 3 of ft* CCcavnfy C" are tienrby wetved 9 fa 're C NC Mary �ftn.1 oAppltc�tt e Shur, ;o a4a salcm*'- t9 _,rrcaa no rhrs �_ ,. , J WyJd r.r 2�<- +s9�st*.e Lf L"ersxary xn,yr F� rrxl =as �7S �&d+lLCColt" dr'c;Wcc- OAT fdKa r&d faw$ ar 04m 404 C64fkE�TC b BY S { AFF- DA t C TIF*E: ! ` PE12MiT # s -� :iEYt�.{y t r i 1 L ppy t' fy r J u IJt:R.�tCtt.F.m14�'RCr�' �77°L>R,ti�� STATE OF R Okfl) 4 COUNTYOF MJA-,',Ii DADE AUTHORIZATION AND APPOINTMFN"l A 1, Miriam Piro, Social Sevurlly Numhrr. T �resldi;,g �... 4ltarrt#-Dad:: C"un3v. F�itricia drrnar,xnd Mricipa, herefty rnase thi me Durable Powerof Att"mev forhoth personai and httslness p �x� es- &. 1 intend to create a Durahie P,wer r,= ,Ano n,iV Ehsmn mi`emd ee "ph., P�,wec"t pursuant to seetfort'09 09, Fdondat statute,. This L) at €: Powcr of Attor;wy ,ftall n,tt he affected be my sUFisegt,ew di�,,aahnlity° ru in�"Cny except as prnv4Ld by scatuu. C_ 1 heehy aPPO-t my husband, Senwmit j. '*itmlaAu. Srx141 Security Dater, Agcnt, as my Au owe}-tn Fact 3 refcrre,� te, as tnvAttoffwv�_ D_ 1 use Mitt the pcwzrs t thi3 #c cutrzit to us; for my benefit andoil nli ficha?f_ E_ lie shuli use theme powem Ina 6uuctar�t eapac-itp and for my tx-- t interests. la N,,th m,,, Persorval and hu'w'C', mattem F i4v aniq w- .hall' use tc fo lowing f r, rn wheat signnngo f my ha<fEl' r;uani rw this Powxr tom. The ettec<tse date of thIs prfwer is 11. SCOPE OF AUTHORITY With rc' pex,t io any proNny in which 6 hold any intcreq of which t, a !aced If, v henetio J give t(,, my At',o iK,, the ffi k) 4 ing Powet Soy° Alto rncy sha;i hati-� a1 the dis n t m a rd auctasrity° cttsu:rtkx i%} gang i in a ge a2 Durable of Aa cg, tnriuding, but not 11mled Io the A. With Vc Xxt to any husintFv F Wrap Aiwn ;>r opl ,rate_ to cnfi�c t,c tentr. 3f anv bnsit z as o iatstan ayrectnent. tc, perform, or discharge any duty or ;:ability under arty cantrxt, !n dcwl-unn4 pfllitiy pf the bwonest and :arry out such dccisioml to chan' the m r or fetnta of organiaafiim, ?a dc, al things nece at to pay any taxes fix such rsrgxhzatittir_ to him+ distni s, r,r contr cl with anv ett gout e err other g cy tttri (. and tit c(i telu& anv and all other t mew �� n wet M,pecf If, such husinctis as aP a m lu3red t>r sirahie: To vote or represent me at the =rwetings of seciekholder, or shier mocrifigp, of any M paftner,htp, � rrprir,iorl as rornpar v i tc `udinu mg t,wn_ _ - r crA i o runt a< my attcx ti Of pn=z; en respect of an% st cx. , hares, yr'ahr instrumcnr, nc h x tx�rc�ft ta. ui by "'I" thereat, aril i that t;urro�c tc eiccutc rul prr,Ates tar,xher in,tretments. C f„ es xctse. dc" or pe rf.rrm wnv act, right pcswer, duty tx c,htdgahon ithals, w er ih�t f .row halc or nsy twtpijre the scga> p,,ukcr. cr eapaeA} to �kcni«_ ar xrftirrr ;n cdn e inn w.th, arising nett of, or vela-a!tO ail pxr n, item, thing, tran,�j;xior,_ busme , or Dasi ices property tree± or f*ersexial, angible of intangible_", or matter i=h tcs� ar. By aaF of Alustration, and neu by sway of tinOtattaan, scceh auttn�ntp shaii ineiudv the p,wCr ;,f 1 ejI clN dz�laim' In wh"ie or €n { , any gift or any property reci�sFahlc no-M a cietethnt he resaan of an iovursncc c distrait, a will, or inh�r]rioice. D Ti-' ask, dernamc_ stw for, rxuser. caliut_ rccci, % aad hold and piece a _,urn s, of Inures, tk-hts, dues, goods , wsrtxx . neribancf e, chmicls' ct?cc , bond" ne e;, becks, drafts, accOunts, dap,'zins, safe diipostt hoses, legacies, begvers. de4ase ,interests. d vderde, snuck e tifti sew, eertiE cite ref &Po';it, am»antie�" pensinirr and ceiircn-tt h x `as, ssock trims plan and ai`tt-shaxir?g plan betrefits, stiwk r,ptinn, lnsntxux:- benefits a pncteds, c4r_xutrurnts of title. ch,Aix es>n action, t�r,rrnat ataf rat; prnPCrtp, tarrgihfe and inta gibic lrr,4wrtt, and prupen+ rights and cls`niatds °.vhatao<,, r, liquidated ar unllqutGatetl_ and suih things (if wflatareer nature Of di:scnpoon which arc wiw or hereafter chat= hr or txecrme 1w, owinp, payahlc or ixtonging to me tri ex by away nSot' title, was-s. or ;means haw-uses-tt, add u�rt receipt thereof cir any part thereof ter retake, sign_ execute. and 3-tiver su,h receipts, re%eau^s if cKher discharge; fry rlrr uur� a "I,,Ationie .shah think fie of Ix, advi d, 8y way of ittu:trutinrn, and nor h}- wati of loratation, In". Att,wa" shaG hc, crnpowcrcd to inter and to shake withdrawal, either in v l o;e ch ref pan, front ny- *sfc ep<'ft hoe E. 1"u tz rrunrnce< prrrse� ate, di Yci:rci ttzt€. ardcr`cnd:tli ;tctians rx wither }egat jm>Erx slings In 3; way af2E�:ting My canite ofam prt athereof or aff cling any matter m which 1 ofe-stat',nay x rn any w:ay orwrti : and to luive, sue: and take all lawful wa}x and means and 'Icgai and eclttttatale° rerrntdies, prcx;ev'nres_ aad wrier, in my i'<amc forthe cojfoctio,,, t-ct,rccry anti anv gem ur matter 9n which f haw or fnay acquire an interesa, and to enrrefmannsc. settle. ;yid ;tircc for the same anti to make, etched. and deliver for rc e and in in r ame ail end ems. z=ten, a ;uittzne :. reluas' reV; tilts. rsr �Ahcr;rrf ieient Jisi hargc 1br the -lame. F l o lease_ puscf a c, cuhan . and aCquite, And to h�W-;Ain, ecintrm t, arxi agree for die ease, purchase. and exchange anti acquislnon at. And ta, tak�, nceiVer and Fntsess any rent of pert' nas property wh�t sever, t:ntgib'le .a ,nan b'e. ix any intsnct therein.:,: each teens and i umdiu ins:aid under such caienxrts as mrr Actor -icy shall &- em pv4)ee G. 'f o enterrrno wnj upo n al, my real prvgpcay, wid u, Apt, manag r, and imprrtvr the "Few tx any par€ iN.fcx ' and tri repair yr Mherww 4rn{srove or alter, and to ,nstm ;etas hu7idtngs or structures thertrin. it To scii, either at public or ph, ate sale, or exebange any part dr parts ofill). res' estate m or isi rsnr,si i't'ff)Or'y icr ueh c0a ids ration a.-rd upon su h terra, a tttk ><tror ne_, .P,all chick o an3 ncxtateaiddcfi,orand instramenttfc,-tkc;on%evanocst,r at ttK sane, "I III such ,a, enants of war* -Wiry Of otti;ruic a, m% attnm,; ;ha#I so�- fit an:! a, pvc reccii,ts for all of any fart of the pomhrsx priec or oth+.:r �zinsfderaticm i, dot Mega- ��ndo e, execute, a�:kn�xkzipe. L livcr, recetce auj x,c suer P:% sz�tts, iasttra t" agreeeru,:tc, opuona, ccr.cnantx, dr'cds_ con-ynler_z. trust Joe eh. s"urta agrcernenr-e, bills of .ak% tc&;e,, inartaagcl�_ e signr�zts. incur ;ce polictec, Itiiis of JJrrlg, waruhan.c re zilKs 3ncunwnts of nIL, b rrSs, Rc fknturu cs, ch,cks, draft , bills J cxcila cgc, rictus. f. certit`tcates, prentes, warrants, c,,minerciut paper, ezcetrts_ withdrawal and jef"'asif ir,-srrurwntsres)tingtoacc€runtsordgxasictiit?,orcrfdek4rofbarlks.sa.inizsand'Oast, f cA,,ivr it titutions (r a� tattons� proofs of lac,. rail cnce,; f tlebt,, ry icaah, aruf satisfactwn of fnortgag�', ndmerats aenz, security agreements, and raher dc't4 and ol,t igairon,, and lather -�.tnrexats i E wne g of wfwte'er kind of nature as Inz to WceSsary or apex in wnIrung of wl atc4erkincfraPtatureasmay=h ax scary rpnycF i the hefight uandK)w�hCCCM granted. R? way of illustration, and aot bg way of'jmnafion. my Attorney ,(tail be eajpoAeru9 to sxc'rttFK any and all ruts tea ,ywrier4lap of insuran c p+upon the life Of a-ry person •-r Nf,14"'M o4herthan —auvthe life ofulr aflome-v -in- fju.arninfiet.pension and reurrmcnrbc-ri fits, suwk ho"Us plan an3 fmE`it-sh; r T g plan tenet',,,_ aml stock option, in=Iuding :�t-Ifi alty the right as change the, br�neficiart, thereon to ang person other than my aid Attorney. 1. 1"' "'ign aad corn=ors all � �r any snot o€ my assets icomictang of any prolx rty, a, -al , parso€oat, or na oA langtbt+� " iatarigibic. 'If ahatvx ver kind and wherc,, cvcr located and w, 3,oc> er ac.-yuirod) attics such trLIA o{ tnn;ts as 'raw° in cxistenox or hercinafiwr estahti lbed. Ky attrarney shall ix authv>nt 1 it, cuablish art) stach trust, on Mach terra, a MV AM)rncy shall dicta tc Ix, in Inv tx 5£ lntcrests, K. To &pooh tiny rm,nic4 which =t aq come ro ait Att,,Kn ut4 snca Attorney with uni boat; of banker or other pc, sort, efther rn my of en_v Attorrwc 's awl, name_ ar, to empjoy as raw Attorney shaa th;nk it tiny of such triency or tune oth,!r rncinty to which I an untitled which nrxu" es ox sh&N he so cis itedf to withdraw, in the paynerz it aly debts, or in wre,;t Nyahte by a , of taaec, asscti Monts. In'U macc and due and payable or to Ncome duc ate payable. on ace+oust, of In:; ea! rind I r onal estate, or in or atr-itu any of the purposes teror nmenlioned or thetw5 fur In} use and berwfit, sx to invesl in troy Att;rcr,ev's mn narne or an. nr=mince in anv st:.iekhares, hands, sCv niie s, or'thew pn p»eflv. real or peruonaf. as In, Attomcy tray thinl proper, aad to terciI c and s iac receipt, for any income or dividend arising fr em such cntrst ,tents. and to Y=,Iy or its e of such illve',ntents. By aa% of J.€usnBeiata. and not by ua� f iitnitati n. h a shexit}° shall in1Ju 3 the power to punh e guver melt,+_xhEig Eicn wh ch are recleervlahEe to pasra rt of tuxes_ L' To tx)rc:w canq sum or suns of money an s c terms nawd vnth,w h s<,�i; Grp, ,hem r rval or fer�onal prr�—,erfy, as my Atxor vev steal, thmk fit_ and for that pure_),e to e%I_cutc ail prurmi scr3°❑otrs.bosalwm�r. ages, 1Cectsoftni-a,szxunty srerrttens n3otherinstr mr--ens chSch may tw =wccs�ary yr tmlvr. M M To e guy C and 4tstruss any agents. rhric, rants. a[rlr xrys atlaw_a tiatntans tnvicetmett?dvu<rra_rustodian+.,a:oth,,rpcNonsa,myAttome. eafl€hrtz3cist in the prrfi rt a xi of tie veu ems granted my .homey herein_ N, To excr.,-c am °'jested ia mc_ uhcrtxr�e �s, or>ut F`}. iaa axny otter ea of rs as lv.rstrnal mMllentative, admint,traterr, or ouster, or is an} extk'n' €iden�tary aapaity, " far as Loch paver or :iu;y 1, cagah!c of anti iy txang delegated_ (1, T"o make gins and to institute gift progrruns to such acla% ti Atteurkrg shali deem apl roprtate. P. It, genera. w do all other act<, crerkA, ir, ttc-n_ and chiags iu e}r aN, rut tttr cstate. proper, }°. and affair,, or to concur with Fa r anslciat! tntereste'd with trl s if thcre3n in doing all a ts. dc,!ds' martem, aNI rfringv, herein., tether, parti v;ariti or gencra`Is de r hod, '}s f uiiv and etTcctually to ail rotenuda. and purpxe as 1 could do in me a%jj frcr (in if per v a[l�° pre.Cnt arni crnntset�nt Q. To pare, sigma, ar d file ic*dera>_ state, or local irx late., gift. or fier tax rellim, cif all hinds, clams for refund, requests for exensiMs e;f6ine, petitions to dre tan �:ourt or .rthercourt, r""""ingtxt r matters and anF agar, al? tax-rciwexi dux urncnts, including, W ithOU hnlnat:on. ru viral., otires, wssten_ :eowents "Including, but not limitej to corisota; and agroaments under tenemal Revcnuc CcAc 2?0,2A, or any auccessur';&' it tt tati rend, closing ag eant.: to car cis any elec lions d r 2a hake utxier federal, state of local tax Isz: and geTw rafly to art er<_ my khai3 in all tax. ttsattcra of all r`.inds and for all periods beftu pr enung the d ,vital Rewantw' Se, tf" rut€d an4 uth€r wing cattuxity, including tax c apt oaf eanfitiertttai and the ;Kitingof bonds, aid to reln;s at ;*re rrt aE such pac?uecdings_ R, To mare any eiection or ele, ticn and a reernez t referred to it, the Farrrida Probate Of dc, Florida Statutes, Chapter 73i through 735. S_ To resit the appointment ofa aytu water, guardian or rrihcr'ur* plc fete my }aersnn or ti ewtc,tat if One is noacfhelewt appunte4 by a azure, i -'on inaw Nome<iEa .€, AicsntMe; art rr.e in ljxt capacr't_ FI(. Cf)hi"I'RU 1" ON, 'Phis mstruriient rs to h:a consttu':d and mtertmrcreJ a,� a genera: DuriiMr Politer of Attorney. The errasrtx-ratfor, of pL" eft<- itern,t, arts, right::, or pi "cr, hcrcin dues ?tort limit or rt�strict, and ;t not to toe yr nstnszl or Interprc acd as limiti;rg of restric-ting the gcncral herein g ant d to ens Aitornetr_ M REVOCATION g'4riv Thal gctrra-' i ka-xb:e P� awc�r. of A aertc�a rcf�e; an p orevtous � we rs e rt 3nrca> >s'see�l h tree. I his ecimt! ewer of attcrrnry r+as tw �,3fuataril;° omy by r , 'it ans ol, by written re=a cataota �ntwr:d ut record in the deed r: ords of Miamu Dade Cautttt_ Fhmdcr_ ,kn� grant f a [}urafiw flowwr nf,Aaomeesacle by rrre subsequent hr Ah -tAtc ofex:-c fuo t of this fh,rabte P,,aer 4 >>rt'msey chat m r c this Durahl, Power, wrless the suh c+wnt 0urahle Power ._Ooraan_, a s atemcnt te, Me cont?IaTN 3rxt wjficat}y refcr5 to t:fts D mrhx Pta vrr of ,At "cam by it: date. No Attar ey sha>! be wijnated ua funn,F,- b,astd,x axle r u4v111ty. VL COMPE_"SSAIION' My razor e,, and .eiv successtu . hail be e:darIrd tc5 rws>r hh c c=sa .cwtirsn fear svn roes rencfz fc d, VII. L NMATIOti5 A, Am, auth0111y Anted to my ATI,,rmev herein sha'! he Iitnitc;d :o ws to gre�ont the' general t?urah! f oueratf AFuuata } fr rm ca asir mp AtY T u ltie taxaAf on fit vmcome tune» mp Amt n,h b is my sEnna r And fwm causing my av ct, to he_ sut�jvc-t to a grra ra4 fe wer oti : zn�»N�t r � t br nati Attornc,. a, that teml is defined in Section 21,41 (it th, [nten}al Heoenrw f,'r�ie <rs tar:G 'wee4 (ar xcticrn thereto. B. ` It avo ney .t,all not us; my Purls or ProNat} to pay F r hj,thet oN t fnr irgaiions� c xecPt as grit end by €a+ , VILL CONFIR.4IA17ON OF ATTORNEYS (-7N I hereby runf ahead confirm all that my Aitotney-irr-Rwt of his/her s t es i _shal Iawtutty do orcause to be done h> 4irtue oftfai genera; DtarabL P;7wer ofAtttitney and the right., and powers granit'd tuwm, 1V INIXE'S NIFICATTO'S OF ACTS OF A'ITORNEY WHILE CARRYING OUI' ALTHORM I ha.why bind aY cIf ur iax(-meify my .Nttomce and anv 6wcccs4r oho, shaN so act sgairm any and aII e Iatnrx> 3e ttitndn, ac tiott� and muses r t ac*ion. i .clu inge cam. �csts, end reacunabie apt rnep's fees wh5ch my attoiMev's fees whrrh my Alta tree) at aax tilt, may ,uaai a or try err itt urt>r,eetwn with ?afs,'h?r c -rs ing curt tht autorrty )Zranted himi'iher in this general Dunaable Power of `LfiUxaicv c m m m X. HFADINGS the tk i gs uFui tft0:4J9tx>nt they irz;trumcnt have Ncen in��ncd f"fr adrniae trati�.c errs-en,,i fk.'e onjf , afrf ck, "14 eorast ate Rialto- i:) he canstrue-i in irtt-,:prcting'hai gct� t E3urzbie Powx.7f �t;ch'fzes. Xf. SEX`ERARILITY It ua� art of refs J es rst Dv ahic I'euer of rinornzb is drtcat Red to � rnti airE, the emai =i�t provr:icins Shall to given far" farce ae effes DaiLd this , _f dac of fy,?Ie Z€RM. Sraicd aRc DchN erect In the prncxe 4 x Miriam Pmo The iimg;irt�, .nstrutnz`rri veas acf` ,ejv:lcdgcd b�,-fcn mr ts`si; � .�_ � <3;i4 of __-_s.�_ ?(itffi.�v��4frta�i'fora.tohois��na2iykn��5rntomerrvEtK-,braeprc�ue�� a P pt y Dme r t Lfc,.-Asc as itkntifseatiatt xtj as oath i was €' i has PC4 take.. d t? - r '"N* *4(r[4 Puth , 4 d AI E OF FLORIDA EMIW tnmww=sspr*#D+aors E «rRn ck un NOF t2a a 4fy f_'nr[unisst�fn Expire=; ���� 1°'�,"�xaa�r�,eax i his Sncurnni wa=, prgwzci by: Tfw I— F (roves of Kravitz anti Tafamo 76M West 21M hveuue, Suite 213 Hiakah. F'k ridu IV 16 m ƒ \ƒ \\\ k} §k n �§ \ �~ ~k E ( \ }\ + ; 2) }/ :k} /( 4w m m SAM vf copy 0 DATE 13SUED. ...... RECEIPT 4 ......... 87026 REFFRENCE :0 4 ... 103C3124 S:TE ATERESS .... �K9 LTA PS:W SWEDIVISION — .... CITY ............ :MPA,-7r AREA .: ...... OWNEP . ........ P:N'Q MRIikM F ADDRESS .— .... —: 744C SW 50rq BF FA d VO4 Cl-'Y/STATE/ZIP M -' XX, I, ... RECEiVED FROM NEMESIC MONT070 CONTRACTOR " ...... MANNIX, JOHN SLEVETTE LIC 0 PAC4 COMPAN-f FUNTJA%:")N ,7:7% , , S71UL', C'r 0 I N' ADDRESS ....... 292 =A-REENIA C17Y/STATE/Zl? TAVERNIFF, FL 333'70 TELEPHCNE ...... "19) S920AW FEE -L !-",41T Q-'-!A.'�T: Ty --- 11 — -- - - I ------------ I PD-ITC-07 7H i:-� R E NEW 2AL ------ 2- A PWN FWT RATE`i. --- 0-1) -------- 0, � �C -- - 3- 0 E C U C' FlkT RATE 2AG 4AO zoc 0mc 40C 3, 23 APPI, FLAT RATE I . 00 —10 ao 75V oc 0�0 3 A�' 3- 3 3 L DZ SQ FT 3,303.00 WOW 3"L CIO 3 A 9 L Dlq DO:.:,ARS 9G.i,3 G0 Q, 7 FLAW 3CT]ArQE F-CK,-:TAG- 1,46-7.OD 5r, S Q 0 S B FENICIE �--N I S 24100 7E 30 h oc OAC 75 A�. 3-11A CIST EACH B LOCK 1AD "N to 00c 00c wo 19A SQWRS FUT 686.00 175.10 311 ozc 1 n B-19C U,'= ZACH 1600 WAO VC3 CAO "OAC 8 � so U"K Exil� 2AD 4C�Q �cw C�G 400,' 0022 aC FM7 RWE lAo 35.,3 35"i C�o ELFC7 F RA-2 so 27,"j,- F*,kT 7 E MCI m- 2 202 "STEV, 20C CAO SAO n c y D::c7w 0 2 F 2�20 21"55 P 3A SEWE PER MUMC715 14C MAO 000 35.1- � AP-FE lAc lbac GAO AV ?- 6 'Ap--FF 7111,11-1 --ARS 4�1 2640 y it 3�c AGA, 2�, )A Poo' ygmz Fam Z?n n- 6 -'� Cl c 1� ll�l c i `�" 11 r�' PWONIXEW &CAR F FlOTAS 3,3W.CC 16.52 A.T2 lPC=YFW S17ARZ FWW3 3,30l.cy AA2 2.V AVG Z'D N 2 FLAT RA-F 1 Kozo ------ -- - ---------- 2>c MOAC -------- — 1111--1 n ---- 2, 4 ---- --------- A PLV, 124 3 3A_ F LATW _124 { 9 - -A S T 9 A c DCC k 12 4 p i� gD Dc,-K 3 i '1-- 4 z y»BL 51D2«24 < E <E�1_17:1,­ 0 , -1, 2 4 -P 0 3 12 4 «g«& P M - 2 2AIC _KS­-,4 P )o3ujl24 p P_ S EDI:c )03G3124 p ?- 2 FIXTU 00, « _-, 12 4 p P_ 3A SEVIIE «?03124 p P_ 6 APIPF 103031a p P - LPIPE 00203124 p R_ EDUC 00303124 p k- 9A 17,00F away 14 P ecw&q U'32 124 F RECCV/NEW �0y3124 F ZCNING - C 3 2 TCTAL FOR 00397124 �AL PERMIT FEES EMS . . . . . . C1/1411t- TME... icm RFCEIPT NUMBER, , 8702S ........... D c 0 'UIAL. , , . . . , a»w s77 NEMESIC J, 00STOTO MiRAA#A PI?40 T r I'Or I 2 TFR ILI 1: i rij 7 ONLINE Dar. CEN RECORDS SEARCH PROPENTYINFORMATfO', MR: Altc-mate Kt!%: I63,490i RY'Number- (1051 i6404M1j0(,() PWItl SoarchAgain I Proptrii DrIail 0",Nt R lik Rm ,RD PWMI-Ali NIAP t'I �ff (Y kllil� L2nd Details I "NIII I I WIT hv,p: l,,,,oxw,mcpa11-(,rg 1,4!10077 PrOPE rty 1>,`Otma!lon tot 16 - 941S "ge:tA 2 UAX Wit N i tR n' $I 11 0I.N(; MrL i FI.LL.fCN S l..\"f Jtvt I31PTtC1�S"�l�'PIT Pt LI'fli`kG Jilc;>)RSi rt0..iet Ni e V� U_K♦5 f ( yarrai �ai�x Nur �(IIF-rlEN"tI ilk P, VRf iiYtY_�LfF i'li Ei li'i m ia", it 1't711t kt ltF'a t? Plio"I I If I t, tit zti t, ft tKtf}\(�4:F si>Iw { \i?T �37(TH 111 pitdsL (.fi 1 lti a I)t t, i t It I vfa*"FC, Cr, ' �Ai.t: E1,aTF rli€ft ILL RFf6Rb5 Fultt IR*"IRI ZTk"FT i Uiol wt, Ta-x Collettor Rmord IWs page hai ist�en visited 2.233 times. l,ttp:, tk tv:_ntcpati_org,:da accrtcr=,search7e,e ,,j gasp 1,4r 200 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 3, Block 18 Largo Sound Park RE# 00469850.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5- 122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # To: Through From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani Senior Director of Planning & Environmental Resources Julianne Thomas, Planner David DaSilva, Biologist May 4, 2007 Administrative Relief forRobert Holenian, RE# 00469850.000000 1 L BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief: May 5, 2006 12 13 ROGO Score: 22 14 15 Planning: 14 16 . (+10) Infill 17 • (+) Lot Aggregation 18 • (+4) Perseverance 19 Building. 7 20 . (+1) Flood Zone X 21 . (+4) Water/Energy Conservation, 22 • (+2) Structural Integrity 23 Environmental: 1 24 . (+1) Group 1 25 26 27 28 29 Page 1 of 2 Reviewed by W:AGROWTH MANAGEMENT'Non Geographic Projects\ROGO\Adm Reliefl2007 May BOCC\Special Apps\IIoleman 03300394\Holeman850 Staff Reportpurchase.doc 1 IL CURRENT CONDITIONS 2 3 Location: Lot 3, Block 18 Largo Sound Park RE# 00469850.000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision — Masonry (IS) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(t) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 45 by Monroe County Land Authority. Page 2 of 2 Reviewed by C:ADocuments and Settings\thomas julianneNy Documents\AdminReli&Staff Report ALLOCATION.doc AM 4W 1* AIJ;������������^'� a•. .� :tile A Ed R .IWO rA'R ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK HAVING RE# 00469850.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 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: Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000. 2. The date of the ROGO application is 4/10/2003. 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 § 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 §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 5/5/2006, under §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. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Largo Sound Park 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 parcel for purchase by the Monroe County Land Authority. 10. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system.. ADMINISTRATIVE RELIEF RESOLUTION FOR PURCHASE Page 1 Of 2 HOLEMAN, LOT 3, BLOCK 18 RE# 00469850.000000 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. Robert Holeman has met the requirements to receive administrative relief for Lot 3, Block 18 Largo Sound Park having RE# 00469850.000000. 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. 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 day of 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IM (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK M aP�RovDDNT TO FOAM Data: _ DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION FOR PURCHASE Page 2 of 2 HOLEMAN, LOT 3, BLOCK 18 RE# 00469850,000000 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 3, BLOCK 18 LARGO SOUND PARK, RE# 00469850,000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman 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. Robert Holeman's application for administrative relief is for Lot 3, Block 18 Largo Sound Park in Monroe County, Florida having RE# 00469850.000000, 2. The date of the ROGO application is April 10, 2003, 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. 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 May 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. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Lot 3, Block 18 Largo Sound Park 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. 12. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. ADMINisTRATIVF REL[eF RESOLUTION Page I of 2 HOLFMAN, LOT 3, BEocK 18 LARGO SOUND PARK RE# 00469850.000000 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. If an allocation is approved, this parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 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: Administrative relief is granted to Robert Holeman, for Lot 3, Block 18 Largo Sound Park 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. 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. The allocation award shall be taken out of the next quarterly allocation which occurs on July 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 21' day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION HOLEMAN, LOT 3, BLOCK 18 LARGO SOUND PARK RE# 00469850.000000 Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY APPROVEDDAAS— FORM Date: S - l© `0 7 Page 2 of 2 FOR "ARPMWTOMY APPLICAT104N*FOR ADVIMSTRATIVE RELIEF IkNAkanl is- _- kpru nuujle r= Applk�C-E's Name tj Owmas ddrcs 3:� ky LATZ4Q, Pbmw —306 — q_47 (plea" Mich & i=emmt authoramt reprtftntaaon Of LIng appikittion by tonvow Cthff thaw youmem, The statmor u%oaie read: 'L (owmez`6 nanw) suthortw (individual }7 am audwrizing w rapt you) to mpmsow wry property for thistppbcmm for Adnumumtvt Ix Legx' dt5anpticm (attach mms and bmmd_q dimmption if ne;wsmiry)'_L. V-1n; Idol of adrmins"ive retie-f are, you seeking' Tea.41 rr A"li,mW NOTARY: STATE OF FLORMA COUNTY OF kcAnowiedged beforo mt fts ---"L-day of BY ,*Iw is PeTso"OUN known to me or ptWuottif as idmahcation, T11 =_I/I Signa= of Niotar) Public, State of floiida MONROE COUNTY AFFIDAVIT -0 FOR ROGO AGENCY f hereby authorize: Paul Turicit & Joyce Kesenen he listed as Name ofAgent(s)) Authorized ;gents for: Robert Holemsin for the (Name of Owner) purpose of applying and signing for the FtOGO *lministrative relief application for trey property - This authorization mimes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and ace" full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent(s) named, related to the acquisition of permits for the aforementioned property owner. r' Authorized Signature NOTARY: STATEOF_ U'u� COL WTY OF p fo The foregoing instrument me this was acknowledge before this _�`J j� _ {_�_ day of tName of Pcrsvnj for _ (Title kit Aatbrsrized Signztim) (Company Name My commission expires: Sc_cna£arc of Notary Public Personally Known _ or Ptvtiuccil Identification C.o Type of ldcntification Produced ---mot-- �/1��/,�J_ ! _..,�"�e•^ 0.ov+- a sv., a,p<,ryy.�, ' MONROE COUNTY �e i of 1 MISCELLANEOUS RECEIPT RECEIPT # 65533 RECEIPT SATE : CSt05/2CCE RECBIVRI) BY bolzb Re%' D . FROM ROBER'T HCi ii:Mk4 ID-F 106.2 NOTES : FEE ID AMOUNT -------- Z4N?NG-0's2 -------_ 3040.00 TOTALS: 3040-00 METHOD OF PAYMEN-E AMOUNT CHECK ___Q��____ ` - `3040.00 rAL RECSIPi =3II3 46 C0 m PRINK' DATE 05/05/200C PR I2Xr TITS 10 : I I : 58 OPERATOR bclzb COPY # 1 CASH ORAWER: 3 THIS RCPT BALANCE 334Q.00 __. 6.O �3040 OC J�50,00 Tv'! ^1EER ------------------ 550 FIRST STATE BANK Rosot COT�BlittCt7Lfit ACL":; 550 DotEtra �' �^ s:il6.7t3Cti3:.38 # & 1i5�' 0550 Page 1 )1,2 P, ONLINE DATA CFN FER tI Rl-'CORDSSEAR CH PROPERIJ jN)(()R281A7jo-N, MR: Afternale tier: 1577011 Rf� Numbel- 1'01 S!Al R08; RI W* ;'o RHRIO'qi' K -Y! OW, PlIkIll-Al LIx'kTION Li GAL Bf-SA'AlPT(ON 3 ":'� f "A''R"--4oq'f }) St "Dig 't'sloN: RAN';f t't , IA - "9 PC roue tA IA�D t,9F C ()Df PROPFRn -%4AP it Map Size None Small I'ar"t. t1lb AREA ,10 hVp,'!wW% mcpallofgl,'djtaaler��ejrch`rccord. asp 1 4,'20'(17 M proprm Page 2 Parcel 1 21Ut Hkt., TIXR,)f I yv",kR "I it ni'sc. mlkwu I vNfol 's t"pRok t N'lvN't; ji st E xf'mr I ft^� ( NkYY 206 D"G IANMRSk T,,Xkhif 20w.; 2W4 �2 t2g '(W J P*rC4H SSI" litsion o'n kt( tlf kit F1 1� _,"'I PRw F, 118VRI %40.%-r Fax Cofftctor Pecurd This Pd9c f� bx�n vi6ted 2309 tjme�, 1. -4 12 Oo -1 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5- 122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form of an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources � r From: Julianne Thomas, Planner`s David DaSilva, Biologist Date: May 4, 2007 RE: Administrative Relief forRobert Holeman, RE# 00469840.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief. May 5, 2006 12 13 ROGO Score: 22 14 15 Planning: 14 16 . (+10) Infill 17 . (+) Lot Aggregation 18 • (+4) Perseverance 19 Building: 7 20 • (+1) Flood Zone X 21 • (+4) Water/Energy Conservation, 22 • (+2) Structural Integrity 23 Environmental. 1 24 . (+1) Group 1 25 26 27 28 29 Page 1 of 2 Reviewed by cfc53 W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliet\2007 May BOCC\Special Apps\14oleman03300393\Holeman840 Staff Report.doc 1 II. CURRENT CONDITIONS 2 3 Location: Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $47,000.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 35 by a paved road, and has moderate quality hammock. If an allocation is approved for this parcel, the 36 parcel will require a Habitat Evaluation Index prior to construction, and prior to issuance of any building 37 permit, a Grant of Conservation Easement covering 40% of the parcel shall be recorded. 38 39 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 40 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 41 the Year 2010 Comprehensive Plan. 42 43 IV. RECOMMENDATIONS 44 45 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 46 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 47 by Monroe County Land Authority. 48 Page 2 of 2 Reviewed by cfc� W\GROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliefl2007 May BOCC\Special Apps\Holeman03300393\Holeman840 Staff Report.doc AM 4W 1* AIJ;������������^'� a•. .� :tile A Ed R .IWO rA'R ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK HAVING RE# 00469840.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 9.5-122(f) of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following fmdings of fact and conclusions of law: 1. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is 4/10/2003. 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 § 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 § 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 5/5/2006, under § 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 Largo Sound Park 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 parcel for purchase by the Monroe County Land Authority. 10. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADMINISTRATIVE RELIEF RESOLUTION FOR PURCHASE Page 1 of 2 HOLEMAN, LOT 2, BLOCK 18, RE# 00469840.000000 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 COMIVIISSIONERS OF MONROE COUNTY, FLORIDA: Robert Holeman has met the requirements to receive administrative relief for Lot 2, Block 18, Largo Sound Park, RE# 00469840.000000. 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. 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 day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mir (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION FOR PURCHASE HOLEMAN, LOT 2, BLOCK 18, RE# 00469840.000000 Mayor Mario Di Gennaro MONROECOUNTY tN Y APP ED VO FORM Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 2, BLOCK 18, LARGO SOUND PARK, RE# 00469840.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman 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. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469840.000000. 2. The date of the ROGO application is April 10, 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 May 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 - Masonry (IS-M), is located in the Largo Sound Park 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 in an area of indigenous moderate quality hammock. 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. This parcel is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 ROBERT HOLEMAN, LOT 2, BLOCK 18, LARGO SOUND PARK, RE# 00469840.000000 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: Administrative relief is granted to Robert Holeman, for Lot 2, Block 18, Largo Sound Park, 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. 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. The allocation award shall be taken out of the next quarterly allocation which occurs on July 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 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY Mayor Mario Di Gennaro MONR;�c ,NrY groRNev APP ED AS ORM, Date: CLERK ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 ROBERT HOLEMAN, LOT 2, BLOCK 18, LARGO SOUND PARK, RE# 00469840.000000 A"UCATIONFOR ADMINISTRATINSRELffiF CKVnCT Applicant's Nwnc Owpees za= (if appfkam Is Tkase wwh A statement audwrizing mpTelmtjtim of this aPplicatim � wmemcOd that, y vrrwIt. The ihould muf "J, (oriteg name muthod= (imLvid" ItAhOrWng to rePresmt YOU) his to mmseem my pfripmy for tappbcatioc for Adnammative C1.17 Up! description (aawh mtes and boumis dewnfitioou if tjec,,swy)r Date of crust recent ROGO appliLation;_- T-7- — Wluv "id of admirustrwi It re4ilf are YDu 1"Clc ng' Additional Comm=ls NOTARY: t STATE OF FL(*MA Apphiculfs S' COUNITY OF-,,—, Tiv forego; ng signature was acknowkdged 6i4,xm nw this buy Of2 who is pasonally $mown w rm or produced as idca&watim- Sip2iwt of N"y Public,,Swc of Flonda �61 MONROE COUNTY ^.,e _ 0 3 N<SCEELi,'drvl5 RECEIPz RECEIPT 4 85S33 PRT;d_ rATE 05JCS/2 35 PRINT 7-7-ME : 10; 11 :58 RECS'PT A"E u5/ SI2oC5 OF---RATCR �oi2b COPY # I RB F l l,'ST �Y : bol zb C_T� H DRAWER: 3 REC' D . FROM : R_OB= ECLEW N 'UYET I C a . t,mF 106_2 NCTES : PEE IC AMGUNT THIS RCPT BALANCE ZCNING-0 2 3J4C.Ce 3c4o.oc e.oW T07ALS:-3C40,CG 3040x;r KETHOD OF PAYMENT MOUNT tv DER ----------------- CHECK 3040.03 550 FIRST STATE PANK TAW RECEIPT : 3340,00 R 09Fsn',HOLEMAM, � Ate Ltd flA3! :q�%iHi2F1f�.8dYf31 xo tf#iER37S77-- J`x jjiltH..W..��, at�aat� ,lr+ aim Fur MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY I hereby authorize: Paul Turicit & Jake KnaeWn be listed as ('Name of Agent(s)) Authorized agents for: Robert Holtman _ for the ('lame of Ownvr) purpose of applying and sigtaing for the RCC30 administrative relief application fur my property. This authorisation becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent(s) named, related to the acquisition of permits for the aforementioned property owner. Authorized Signature NOTARY: STATE OF couvi Y OF 11m kwcgnirtg iu rtmme5t was acknowledge before me this day of (Name, of Acme) (Title of Authorized Signature) iC c pang Name] My Commission expires — - — Signature of Notary Public Personally Ktrown __ or Produced Wntif'trati<n Type of Identification Prmfuced m llrorcrlnforma*'ion 1'(Yl i 7,;22 Ilavc 1 'A'2 ONLINE DATA CFNYFR RF(,oRt)s SEARCH PROPERTY INFORMATION FOR: Altematt: Kcy� 1577022 kL Namb,-r �1469,00-00000 $owchAgatr AA Qt*sWo abolA thig PwW Property Detail, OWNER OF RYCIAD 4'31it 41 L%RCO SF A A F r f Su11w,.TokUNsuiv, Wtlt,k ItIl I -ktiv GRot p E4*reW Taxes Pf Lsad Dersib-,-- L k 11; tlf ( UDF PROPFRIV %Itp It NI-apSize 'one C Small ' Mt:v�€um 4 Lmge jo 0* LA�DAMA 14,2007 Pnlpent 1-1,*0,r-nahcr, for 14?7(122 Page , of -, I �x Rot I F f kk st 11 IAN(; Ili, kip rIaNs , "'r it ST IJ IIINc; 1,4[ cRl F -Parcel so" 11 istorN smf , Ot 9 {2}', ­11, f I ef" 't Is r�No %t­lh, mxm, itm" 'm Iim Of "I t 11 qb( I♦w Iff(M ; P P14,'Si f�IXF 'A k owt I Ylkif P, pktx , U", lf_ k D I M OMCIM, kfamwl ROOKIPAGE pwwk Oislkt wN] Vi�'A'Tax CCjjCCt,tr Rc:Ctjfj This page has [men % isittd 2,309 times, 1'4 2607 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5- 122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani Senior Director of Planning & Environmental Resources Julianne Thomas, Planner David DaSilva, Biologist May 4, 2007 Administrative Relief forRobert Holenuzn RE# 00469860.000000 1 1. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief: May 5, 2006 12 13 ROGO Score: 22 14 15 Planning: 14 16 . (+10) infill 17 . (+) Lot Aggregation 18 . (+4) perseverance 19 Building: 7 20 0 (+1) Flood Zone X 21 . (+4) Water/Energy Conservation, 22 . (+2) Structural Integrity 23 Environmental. 1 24 • (+1) Group 1 25 26 27 28 29 30 Page 1 of 3 Reviewed by c0C(�� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliefl2007 May BOCCSpecial Apps\Holeman 03300396Aoleman860Staff Reportpurchase.doc 1 II. CURRENT CONDITIONS 2 3 Location: Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000 4 5 Owner: Robert Holeman 6 7 Applicant/Agent: Paul Turick 8 9 Land Use District: Improved Subdivision -Masonry (IS - M) FLUM: Residential Medium (RM) 10 Proposed Tier: III 11 12 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $21,500.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does contain sensitive environmental features or significant habitat for endangered 32 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 33 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 34 purchase of property under Administrative Relief. This parcel is separated from high quality hammock by 35 a paved road, and has moderate quality hammock. 36 37 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 38 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 39 the Year 2010 Comprehensive Plan. 40 41 IV. RECOMMENDATIONS 42 43 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 44 and qualifies for Administrative Relief and that a Resolution be prepared for purchase of the subject 45 property by Monroe County Land Authority. 46 47 Page 2 of 3 Reviewed by W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliefl2007 May BOCC\Special Apps\Holeman 03300396v,Holeman860StaffReportpurchase.doc AM 4W 1* AIJ;������������^'� a•. .� :tile A Ed I R .IWO I rA'R ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under §. 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: Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park, in Monroe County, Florida having RE# 00469860.000000. The date of the ROGO application is 4/10/2003. 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 § 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. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under § 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. The applicant applied for administrative relief on 5/5/2006, under § 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 Largo Sound Park Subdivision and is environmentally sensitive. 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 parcel for purchase by the Monroe County Land Authority. 10. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 HOLEMAN, LOT 4, BLOCK 18,RE4 00469860.000000 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: Robert Holeman has met the requirements to receive administrative relief for Lot 4, Block 18, Largo Sound Park,RE# 00469860.000000. 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. 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 day of 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION HOLEMAN, LOT 4, BLACK 18,RE# 00469860.000000 Mayor Mario Di Gennaro MON RQF-tOUNJYATTO1RNEY� AD ED S 10 FORM Data: D G Page 2 of 2 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman 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. Robert Holeman's application for administrative relief is for Lot 4, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469860.000000. 2. The date of the ROGO application is April 10,2003. 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 May 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 - Masonry (IS-M), is located in the Lot 4, Block 18, Largo Sound Park and is 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 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 is separated from high quality hammock by a paved road, and has low quality hammock. This parcel will require a Habitat Evaluation Index ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 ROBERT HOLEMAN, LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 prior to construction, and a Grant of Conservation Easement Preserving 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: Administrative relief is granted to Robert Holeman, for Lot 4, Block 18, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: 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. This parcel will require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement Preserving 40% of the Parcel shall be recorded prior to the issuance of a building permit. The allocation award shall be taken out of the next quarterly allocation which occurs on July 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 215I day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY ATTORNEY APPRO D AS CORM D>atr. ADMINISTRATIVE RELIEF RESOLUTION Page 2 Of 2 ROBERT HOLEMAN, LOT 4, BLOCK 18, LARGO SOUND PARK,RE# 00469860.000000 teat uF�rxrkmrcrxt,t D� APPLICATION FOR AnNII.NisTR-Ai I iVE RIF-LfU kpr4icamz w ow= ReprrsznUrile Appi"M'S AMfiawt's majing address: _Z t F Owntr'sasme fir3pplkarg is=ownerl: &Uub . sutj,,Ct mahvLmg zcprrr. Cation of dw aprAwawm by someone odw that yow'self- TIv, nacczen! chi utd read I (owm`li nxmc) ­CtOriu (individu*j are audxwWng to mpreseat you) :o epmftn fur dtis sMIma! my prqperc� 4m for AdrrarAstWive RaUrT Legal description tauwh urtts and bounds if _r)ate of -:gust recent ROGO What kind of adlmn"trari� "firt are YIN Sccidng'__'_ AdJki'11141 CVlv.0]CntS'__, NGTARY; STATE OF FLCAMA COUNTY OF_ The f regoing sigr ar re wts AAzowledgcd l'-fom -,m this �_day o' known to tree or produced as ida fatf"ton A MY! E , 'L;'� p LE Sipit= of Notary Pubfic- Stec of FCnda MONROE COUNTY AFFIDAVIT FOR ROGO AGENCY I hereby authorize: Paul Turick & Joyce Knaemn be listed as (?flame of Agent(s)) Authorizers agents for: Robert Holtman for the {Name of Charmer) purpose of applying and signing for the R000 administratitr- relief application for my propem. This authorization becomes effective on the date this affidavit is notarized and shalt remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent(s) named, related to the acquisition of permits forthe aforementioned property owner. Authorized Signature STATF OF CC. UNN IYO The forcpo ng snnEnaent was acknowledge before me this, dap of y_ u�a r tts ('Mane ni Person) r ,rt - _ for ..._.� ._-- (Title of Auth)nzed Srgitumy (Company Name) My Commission expires: _ Signatum of N'OlAry Public _. � ._.. _ Persuraliv Known _ _ or Produced Identification Ttipe of Identifu ation PrcKh ed MO TROT MISCELLANEOUS RECEIPT RME"T 0 1 8550 PEC PT SATE _ _ , ,_,2036 RECEIVED BY boi <b ECYD. BROTH` _ R BER:' ACC iPKc JD. 11 _NOTES PRINT aA`"E G S M. m RRI`:t -ME Mll,M ARA`s' R ro! K CSPY A 1 CASH DRAWL FEE _u A r!MT .HIS RCYT BALANCE ' :SIN,-332 3G4 C 3fYG.cc 0 TOTALS: 3040 00 3340,00 sj � METHOD Or PAYMENT AMOK, ., I7-19ER CEMIX - -- ---C43.{.n 550 FIRST STATE RWK 101 R_CRIP^ - 4 3C4 'Go RtKRIf`tlOtO+t M COE$TROCOM R e�titsaksY&x.�+►azat`r ACM. r 54 if,YCB'�R 89 3�61'HC�}s9[3..9d�fa4 ilat�. Y cMRO, fE. s�,cu67a :�M �rtrt�ir� ..{,_ry....�{'�',`f�..�_: d._... ___._.. _.._,.. � �v drys♦ p {+��}(��yF t t Prop,m Druits, - 0)8 1 R fif Rfflosw Mki) K('Ml, PH111( v L(x Also, &I F ab" TSKYN� 10111) 11 ,RR i'l "OD A,ffoN,TOAsNSHlP,R4NtF, MILLAGE G1,101 Est note Taxes N CODE Lund DctzitA LAND USE'( 1,11W ONLINv DATA CENTER RFCORDSSF-kRCH PkOPERT'l INVORMAUON PON. Alternate Key 1517149 RE Number 004(P4881-000001 J.:. Seom4A&Wn F* \I-Ip Si7o Snia:l r Mcdium !-- :,an!e 1�11)-kksA no 1 4,2007 I'RTCJ',� 111fOrmil6on, for 1 577041� page 2 ".1 -1 PArrel Va lot Hist"n VOW floij, i F_kit Eli it Ot" Milk I I i ANIot s it S'I Is N rcel Safei I'listun - "ofi, 01 A Rif ok", iRt tS?,N Nll4 "0 1€y I fIRLI, Ifti o,it kit "I v� 1, If NI 1AVt W k Mir f(, rut), LE D,1 If OFFI( LAI, Rft ORIA RI mvi i, sfq, 4t -------------- View Tax Colle,wr Rc�;Ord This page 11—S �'� n visil� 2,309 m R Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Robert Holeman on Lot 1, Block 18, Largo Sound Park RE# 00469830.000000. ITEM BACKGROUND: A building permit was applied for on January 30, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on May 5, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5- 122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of purchase by the Land Authority. Please note that the applicant does not have to accept this relief and may stay in the ROGO system to receive an allocation. If the BOCC should determine that administrative relief should be granted in the form on an allocation, a resolution has been provided which provides an allocation and requires a Habitat Evaluation Index along with a Grant of Conservation Easement for a portion of the Lot. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of purchase by the Land Authority. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani Senior Director of Planning & Environmental Resources Julianne Thomas, Planner David DaSilva, Biologist May 4, 2007 Administrative Relief forRobert Holeman RE# 00469830.000000 1 2 I. BACKGROUND 3 4 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 5 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 6 annual allocation periods and having submitted their application for Administrative Relief no earlier than 7 the third annual allocation period and no later than ninety (90) days following the close of the fourth 8 allocation period. 9 10 Date Entered ROGO: April 10, 2003 11 12 Date Entered Administrative Relief. May 5, 2006 13 14 ROGO Score: 22 15 Planning: 14 16 • (+10) infill 17 • (+) Lot Aggregation 18 • (+4) perseverance 19 Building: 7 20 • (+1) Flood Zone X 21 • (+4) Water/Energy Conservation, 22 • (+2) Structural Integrity 23 Environmental: 1 24 • (+1) Group 1 25 26 II. CURRENT CONDITIONS 27 28 Location: Lot 1, Block 18, Largo Sound Park RE# 00469830.000000 29 30 Owner: Robert Holeman Page 1 of 2 Reviewed by c066-F W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief\2007 May BOCC\Special Apps\Holeman 03300390\Holeman830 Staff Report.doc 1 2 Applicant/Agent: Paul Turick 3 4 Land Use District: Improved Subdivision - Masonry (IS-M) FLUM: Residential Medium (RM) 5 Proposed Tier: III 6 7 2006 Taxable Value: $12,525.00 Purchase Price in 2002: $1.00 8 9 III. LEGAL ELIGIBILITY AND OPTIONS 10 11 Eligibility for Administrative Relief Options: 12 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 13 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 14 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 15 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 16 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 17 annual allocation periods and having submitted their application for Administrative Relief no earlier than 18 the third annual allocation period and no later than ninety (90) days following the close of the fourth 19 allocation period. 20 21 Relief Options under Administrative Relief: 22 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 23 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 24 such other relief as may be necessary or appropriate. 25 26 The subject property does contain sensitive environmental features or significant habitat for endangered 27 or threatened species. It therefore does meet the criteria established under the existing Policy 101.6.6 28 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the 29 purchase of property under Administrative Relief. This parcel is separated from high quality hammock 30 by a paved road, and has moderate quality hammock. If an allocation is approved, this parcel will 31 require a Habitat Evaluation Index prior to construction, and a Grant of Conservation Easement covering 32 40% of the parcel shall be recorded prior to the issuance of a building permit. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 IV. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief and a Resolution be prepared for purchase of the subject property 42 by Monroe County Land Authority. 43 Page 2 of 2 Reviewed by &Co'a W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Reliet\2007 May BOCC\Special Apps\Holeman 03300390\Holeman830 Staff Report.doc AM 4W 1* AIJ;������������^'� a•. .� :tile A Ed ■ R .IWO I rA'R ADMINISTRATIVE RELIEF IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF PURCHASE OF THE PROPERTY BY THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Robert Holeman submitted an application for administrative relief under § 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. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is 4/10/2003. 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 § 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. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under § 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 5/5/2006, under § 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 Largo Sound Park 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 parcel for purchase by the Monroe County Land Authority. 10. The subject property is in an area of indigenous moderate quality hammock and is designated as Tier 3 in the proposed Tier system. 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. ADMIlVISTRATIvE RELIEF RESOLUTION Page I Of 2 HOLEMAN, LOT 1, BLOCK 18, RE# 00469830.000000 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: Robert Holeman has met the requirements to receive administrative relief for Lot 1, Block 18, Largo Sound Park RE# 00469830.000000. 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 day of , 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Im Mayor Mario Di Gennaro MONR(A COUNTf ATTORNE`( APPR ED AS4 FORM Date: _ ADMINISTRATIVE RELIEF RESOLUTION Page 2 Of 2 HOLEMAN, LOT I, BLOCK 18, RE# 00469830.000000 ADMINISTRATIVE RELIEF IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD RESOLUTION NO. 2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY ROBERT HOLEMAN ON PROPERTY DESCRIBED AS LOT 1, BLOCK 18, LARGO SOUND PARK RE# 00469830.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman 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. Robert Holeman's application for administrative relief is for Lot 1, Block 18, Largo Sound Park in Monroe County, Florida having RE# 00469830.000000. 2. The date of the ROGO application is April 10,2003. 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 May 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 - Masonry (IS-M), is located in the Lot 1, Block 18, Largo Sound Park 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 in an area of indigenous moderate quality hammock. 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. ADMINISTRATNE RELIEF RESOLUTION Page 1 of 2 HOLEMAN, LoT 1, BLOCK 18, LARGo SouND PARK RE# 00469830.000000 12. This parcel is separated from high quality hammock by a paved road, and has moderate quality hammock. 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 COMIVIISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Robert Holeman, for Lot 1, Block 18, Largo Sound Park 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. 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. The allocation award shall be taken out of the next quarterly allocation which occurs on July 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 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY Im Mayor Mario Di Gennaro MONROE OUNTY ATTORNEY APPR D sro FORM Date: - ADMINISTRATIVE RELIEF RESOLUTION HOLEMAN, LOT 1, BLOCK 18, Loco SOUND PARK RE# 004698X000000 CLERK Page 2 of 2 APPLICATIONFOR ADMINISTRATIVERELCEF Applicant is = Owner Reprevvitative 'R Applicart'SN'Mm'--i A01— Applx,ant'f,rmihngaddrem, .2m 5-r, -r-AVC—IZI.3tETZ-PL- —35070 LAR G-4t z {PkAs& awwh a sutetnew wmbonzing rz xesen ah not this kpolicatim by &OMMM odw than yocaself. Tha vwemm, ;twuW mad 'T (Owner's name) authortbc fiti6Yidum odx*i P, to represent ym) to far thisapplicadoo for Adniu,-,Arufiv�t Refi7 We Lzg,a: description (aaach mcEft and bomds descrtptim if Due Of nwt recent ROGO applicat Whit kind ,f mliff are You seei�ng',,- 140TARY� STATE OF FLORMA Cou'" By is pmuno mally kw" to me or priAmm as idm4fic=0n, of Suit of Florida RO%RCE COUNTY ***Ll_7E*­ I cf MISCELLA14Eol s RECEIPT RECEIPT # 855 i3 PRINT PLATE 05i 05J2CGC PRINT TIME RECEIPT Dx Z' t_-5,'C5,'2: "E OPERA`i't1R brizb COPY # 1 RECEIVED BY bolzb GASH DRAWER1 3 REC`D, FROM ROBERT HOLEMN UDF 1,16.2 NOTES FEE ID AMOUNT THIS RCPT BALANCE ZONING-032 3040,00 3040,____ CC C.+30 TOTALS: SQ4d +JG �304i CC ObC METHOD GE PAYMENT AMOrIN 2vtiTN�&R ----------------- __- — ----_-- ------------------ CHECK 3040.00 550 FIRST STATE BANK rAL RECEIPT ¢S��a3040 0G MOM HOLV*M, oq .'{'MXTM 1l=_ 5${i WftT*A-� " tl�IK9l�hlD.*Ri-.I�ti�► IS�ftr i'I+i�ai6 iEEY lJ4ii41tY,-� - - - � Daum-. 19 Air # i"` =.* _ f3$i l*1344 59' 0 5 50 IMONROE COUNTY AFFIDAVIT f FOR ROGO AGENCY f hereby authorize: Paul Turick & Joyct Knaepen be fisted as (?name of Agent(s)} Authorized agents for. Robert Holtman for the (Name of Owner) purpose of appltirg and signing for the ftO(K) adminismetive relief amlication for my pr°f"'ny- This authorization hm-omes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding_ Vlonrty County harmless) for any and all of the actions of tile agent(s) named, related to the acquisition of permits for the aforementioned property owner. AthhorizeJ Siunature NOTARY_ STATE OF itttN,t ,Of_ c Me forrgoing 4nwrument �sas w f s ow ledge tx1 re me thi, day of r (Name of Prrsc�) f t _ for (Title of Authorized sipature) (E'omwa!r Name) MN aymmisxion expires- _ swazury of Notwy Public Perxsnaily kn.rU;n or i'rcxiutcx3 Identification TV ofWnziflewion Prvxtbco! Im In tOrtration for 15 7 7U 4 ONLINE DATA CENTER RECORDSSFARCH Alternate Kcv1577014 RE Number: M469830-0000;710 0"'4Fk OF RE, OkD ti'l Ai Rt It 0 R , qR0 PfIVIO, U, L(WATIA11 Lfu At, DOS( uW1 101f NRI o 1Li ",f) I',' , I IPA fc T; Ot-1i, I Or 14 - 61 14 I AI,� GROCP ��WK Estbr,zw Taxes PC Coof A,, 1�1 '�ii 11,XT I iAf LAN 4) 1 � I of*- 40 It 14 PH(WFR I A MAP 4 Map Size I- None c 'Smali I' Mckiruin 4- Large LAND AREA I* i 4 2('1,07 Yropca� Inforwanon for I?7?o14 1laee W of 3 rPawrt b`ata� fiistt;rY -� �.. �- .. MEst�t�s+.Eot� E.a»�n it la Fxv,"pnoa+.f-n�_ i TdX BtYL� YFaR St I}AF'aG it rRoN cur-, is I'� i i=rm N(, Sy"loksi ,4al f_ ` iC1CK u U '.`, 5�5 4 4601' Parmi Sakm History 111E -tft k Rft IWO' IAA {'y Pff It i Y TM 10 1MRtJ ttlI';'ffl bMNiI Fk0't4 fi15 UYtE of 111 I IC ♦ kfC F� t t�i r txttS poi iFiOA= t k 1.1 i—F t;(g* M R Opt it f, Illti 10 PRIX-}SS (I, i SnUD41F OFFICIAL RRCYRRS PklC'F ['cstR�'He1T Vicu Ta+r collector Rewrd I'his page has been visited "308 tiln http;,%k,w-w, nc-paf4€=4i'2(V,17 Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Tonya Koblick, Trustee on Lots 1 & 2, Block 9, Anglers Park, RE# 00552570.000000 & 00552580.000000. ITEM BACKGROUND: A building permit was applied for on January 2, 2003 and a ROGO application was applied for on April 10, 2003. The applicant applied for administrative relief on November 1, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management _N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani �a Senior Director of Planning & Environmental Resources From: Julianne Thomas, Planner David DaSilva, Biologist Date: April 20, 2007 RE: Administrative Relief forTonpa Koblick RE# 00552570.000000 & 00552580.000000 1 L BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: April 10, 2003 10 11 Date Entered Administrative Relief: November 1, 2006 12 13 ROGO Score: 24 14 15 Planning: 17 16 • (+10) Infill 17 • (+3) Lot Aggregation 18 • (+4) Perseverance 19 Building: 6 20 • (-1) Flood Zone AE9 21 • (+4) Water/Energy Conservation, 22 • (+3) Structural integrity 23 Environmental: 1 24 . (+1) Group 1 25 26 27 28 Page 1 of 3 Reviewed by c,,Cc-7;�� W:AGROWTH MANAGEMENT\Non Geographic Projeets\ROGO\Adm Reliefl2007 May BOCC\Koblick 03300007\KoblickStaff Report.doc 1 II. CURRENT CONDITIONS 2 3 Location: Lots 1 & 2, Block 9, Anglers Park, RE# 00552570.000000 & 00552580.000000 4 5 Owner: Tonya Koblick, Trustee 6 7 Applicant/Agent: None 8 9 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 10 Proposed Tier: HI 11 12 2006 Taxable Value: $24,414.00 Purchase Price in 1987: $2.00 13 14 III. LEGAL ELIGIBILITY AND OPTIONS 15 16 Eligibility for Administrative Relief Options: 17 Section 9.5-122.2(t) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 18 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 19 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 20 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 21 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 22 annual allocation periods and having submitted their application for Administrative Relief no earlier than 23 the third annual allocation period and no later than ninety (90) days following the close of the fourth 24 allocation period. 25 26 Relief Options under Administrative Relief: 27 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 28 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 29 such other relief as may be necessary or appropriate. 30 31 The subject property does not contain sensitive environmental features or any significant habitat for 32 endangered or threatened species. It therefore does not meet the criteria established under the existing 33 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 34 for the purchase of property under Administrative Relief. 35 36 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 37 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 38 the Year 2010 Comprehensive Plan. 39 40 IV. RECOMMENDATIONS 41 42 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 43 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 44 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 45 which closes July 13, 2007, or next available allocation period. 46 Page 2 of 3 Reviewed by c�PC W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief,2007 May BOCC\Koblick 03300007\Koblick5taff Report.doc 4k jr It Isis 0"IF OilMIA r� ' `�r� d•� vy, ,. r4 ii.} i tti'4 -ati +�,� 1`i�r•� �,xsait`F '"WA41 40&- t1 • ,. . i s - 71 't �■ � ��` s ��) t;` t�`� i- F�'�S-ri'��,,� t �'�,jk< a h;� ��4 /� i •1 � Y�� '-- � � - _ �"t Ai k at,i *�,.�}'t. F �"'rL _ '"�\. t,. tSF �``� ryr a El RESOLUTION NO —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATWE RELIEF MADE BY TONYA KOBLICK, TRUSTEE ON PROPERTY DESCRIBED AS LOTS I & 2, BLOCK 9, ANGLERS PARK, RE# 00552570.000000 & 00552580.00OOOOIN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD, WHEREAS, Tonya Koblick, Trustee 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: Tonya Koblick, Trustee's application for administrative relief is for Lots 1 & 2, Block 9, Anglers Park, in Monroe County, Florida having RE# 00552570.000000 & 00552580.000000. The date of the ROGO application is April 10,2003. 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(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 9.5-122.2(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 November 1, 2006, under Section 9.5-122.2(t) 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. The subject property has the land Subdivision (IS), is located in the Lots environmentally sensitive. use district designation of Improved I & 2, Block 9, Anglers Park and is not 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. IL 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. ADNIINISI RAT[VE RELIEF RES0L(7ioN Page l of 2 TONYA KOBLICK, TRrSTEE, U)Ts 1 & 2, BLOCK 9, ANGLERS PARK, RE# 00552570.000000 & 00552580.000000 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 Tonya Koblick, Trustee, for Lots 1 & 2, Block 9, Anglers Park in the form of a dwelling unit allocation award, subject to the following conditions: l . 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 July 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 21" day of May, 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY TTORNEY APPR D AS FORM Date; — AUMINISTRATIvE RELIEF RESouTi ioN Page 2 Of 2 TONYA KOBLICK, TRUSTEE, LOTS t & 2, BLOCK 9, ANGLERS PARK, RE# 00552570.000000 & 00552580.000000 APPLICATTON FOR ADAR-NI-STRATRT RELIEF ownc,`5 lianm I; � Qrv=rl, aton soznsonc other than ,Y,,,rwT 1-eA4- I. foam = nw.lc'j authan7c �mdv.ldjal you sr^ 3,--�on7,-z ng to repre 1 MY -,tcP-f!;, ! ; :'.:s ePjl llcatic=n fur Ad, I n ts-, t:,,,c R c I tcfl Legal �cr,,Pfim moos srl tx-w& Uwc afmust ,rccnt PM) A,hA4 kind rflef art U-xr�-rr Adecviomi� Cnmmcm, NOTARY, STATF OF rLOka)A Co�:N-Ty or The `omi, t-d t-c )e fce of_' -ho fs -,tll�oaalk ;Q-, -n tc, :Mx a"= hie 3t ftwy —j t s 4 \}� uj } - «a:y}\yt§s}}>%/% _. : CL \ U 'j �1 Cc 14 County of Monroe Growth Management DivistiOTI PIA Up #At D-f p —1—mmal rwK FAX 1DF Re srHv,, to he caring, pwfessi4nal and fair M Mo"OE CO. PLANNING DEPT Dear Applicant his is to acknowledge submittal ofyour applica-,lorl for AI —I of 1 ".1- Date t- IZ-Y-, If Irx: L to the VIOT1170C County Planning Department, We are unable at this time to issue a -ccctpt of your application, as it will take our staff two working days to determine that all required materials related io your application have been submitted. All applications received after 12.00 Noon will be considered as submitted the following workin- day. Also: as required by MC111TOe COU"Ity COde. j)13nVnIg staff will Nvie,v your ipplication, after acceptance, to deem, it complete %,�ithm an additional tiftecri wxolking cllys. Thank you. Planning S-aff s1iRGXlh MAI-Ni&NIEN FUMI, AJTII,aVon k' �i fAN 00 TONYA A. KOBLICK p"'(306) 41J,IIZO 4947 0 8ox 797 , , KEY cM4YY. FL 33*37 4- 1:067000t.3fil: 03DC240s68�1 4g47 MONRCE ZQNTY --*L:'' Page ��f I M15CFCANECUS RECU, PRIN7 DATE , PP7717 71KE lit?1,W-1 RECENT DATE VYLNR Copy 0 ZAKh DRAWER, RE C 7P'-'s'l'E UDF U1.2 UDF K6.2 NCTES : OK4947 FIRST ATATF PANK FRE in AMOUNT THIS PUT DAIANCE -------- -------- ------ -------- ZCN:NG 032 76voo 753 6 0 C METHOD OF PAYMPN7 AKOWT - I I � ------------ ------- --------------- CHFCK 7601co 4947 F7RST STATE 104 PO, VA k 908t4c" toy 'C"r 494? fae3z 4✓ � too V �FE N«., - FEE SME _ _ - NEW APPLICATIONWM: 0 MONROE COUNTY PLANNING DEPARTMENT APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon, (305) 284-2500 Plantation Key: (305) 852-7100 Appilcation Fee: $100.00 PLEASE PRINT AND ATTACH A COPY OF A PROPERTY' RECORD CARD, IF YOU HAVE QUESTIONS CR 'r�ISH TO MAKE .AN APPOINTMENT TO DELIVER YOUR APPDCATT'ON, PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT- ONCE THIS APPLICATION tS ACCEPTED AND DEEMED COMPLETE, REVISIONS VALL ONLY BE ACCEPTED tF A NEW APPLICA710;N S SUBMITTED. i � � c- � � � is c � d r- 3 s- Owrer(a} Pt-, (VkI 11 -3 i _ (H t 3CZS - 14 S` Sr2etAddiass * r. 8 Sta.e 1�,' p = -a AOent'a Narrie: tH--------- Street Address: Cirf State Zr. p �> PROPERTY DESCRIPTIONS Lot --- Subdivision ��rSs ��3 1:4 If - fZ 4"L_ ___ �stfCE€: j��%ittr"�t �° A1ivi'ia. j' RE ;;Ss. f ne,e e e zt;rrdb iatrauh regat desr ipl)n m seQarete street. NUt'BER OF UNIT& Mobile Homer House;'` RV, ____ Live -aboard, ____Others: Ch-k Yes or No. if yes, then attach the requested documents: YesX No— The pr,-,?-c n crxr nt utg cor hgucars ,o€s to a igalt, ptafted suwtvisxia maos x is: herv+:ise below dersit R`s are aft; a ocpY of a arrp,�sed res tia'i=ae cu-.aranr fina_�rio tt•e numbly f of - is or the property and-ur:nig r. favor of and enforc-eaate by. the Couoy Yes No kl The umttsi cep) be aHoroabfs asp r. ma : reg a ad s a lm nt affwcabre it, sag a;, =ct%v 'r.�n: the Plznn;nq Deparfi^enY- Yes No ,2�' The proposal ,-c;u dedira:ion of vac.5nt, nwic"ble €aru Focar, ad in ere —as pr pcse i ic- Attachments req_;red with this a i C2Ln a e 1 i =attar fir: tt e groioq st stating the Nrc y s d. [tcCde, 2) Prxvf of Ownersty, 3;, �oposed WARRANTY DEED(Si (Curt 3�;as;= Uee; s rvr s rci oe acceptec) piease !0 the RE_`(s) of to Eard to as led cate9 Yes No YT'Y e&,dcthat xtes ,C- ae a e m and agrees to a Bustling Permit Cor>xi�n'vritiN t* expans*n astov,<ance � a -esi(-'entzi d ems' w i,t(si for a perms of seven (7) years `htz& *P rof cchnr * h � irlfl Lhe "eft kale 0' JCC�a C4 rs issued rf the aP0C3gf(s) QualifY for 'nMi ROGO P0,,Pts. Note: Other 7 r 2afw s rna,J aDoiy. Yes N T antler cf RCGO ExesnPtions {TRL`aj are tx q of 3� the deva oprrert of a= aehea te: rx eras Attactiment racrue eo The apPiicant -trust sLt ftf.R COPY to a certified coWy of U ; e x o ovelopr,­,: Order a p ee,,w g 1he TRE's for this ,xott+ t TRE`s .,ar6 to be used for mis aFp=ica;ixr- carnty Plat 7? : t atre read and aaa uagd this appf at>n a�Judu attaet Warns and Air,_-w same rc_ ru true a ,1 c A?' crrv>s ,s of av,�z at,d gover»rrg ibis type of vx;h- are uruirpijed with whertrer zr'O'I:4vo ":t ,^cfr- rng the pin- stun nt i.Lca1 .3fat9, of Fc-crest r uxements rffgt4 !atfit,gj .,cr�sirsr+,lora tir the nFrFr rr, .�� -r. �nsta_ tar a w 3; vnzr perrja *ref Cct rrry actor set forth {r, SrcAur 9 5 : :d flxYL._emt; Cv1 are hc-n-bp ✓ ,- - lll S�t�ti!a 1 NYF(�1t �.. /' ,.4r-f''"�t{/'F-✓A�C.� 3 Sign 'ore p fa f � , NrCa* arm oot�mt �i nature of. Ni ppj4mn Date V e.'r�- far. �.. ° " swo, to &nC sr;Gs.:rtecr !c L�fare ,Ira M'S �, Jay of P ai ^od � LJ L as FIerrt Iran," aad sr r Jid idol = r&it e an cat . TO BE COMPLETED BY STAFF- DATE: 411 4 TIME: 02 G_N PERMIT #_ (-1S'- 1 ry 13 ez 4 LU 10 u 4 i 0 This instrument prepared by: KoWlck, Tanya PO Box 787 Key Lariro, FL 33037 LOT AGGREGATION RESTRICTIVE COVENANT WHEREAS__.T,pnya A. Koblick Trustee is the owner of real property located jr, Monroe County, Florida, described as follows: Block: Subdivision: _..,,An_qters Park $ub&jjsjon Key: Larsto Pa. 1-159 Real Estate Numbers: _ff W , and 2. WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the use of the legally described property in order to receive a building permit; and 3- WHEREAS, the above described parcels were assigned additional points in the Permit Allocation System for building permit #Q3-3-QQQ7 for the v ju, t 0 n ary reduction of density through aggregation of vacant, legally platted, buildable lots; and 4, NOW, THEREFORE, the undersigned agree as follows- • The above described parcels shall have its density reduced from two_ dwelling units to one dwelling unit in consideration of a building permit to Wild a single-family residence, and The restrictions herein shall be binding upon the representatives, heirs, assigns and Successors in title of the undersigned; it being the intention of the undersigned by execution and recording of this document that this restriction shall run with the land and shall be forever binding upon the successors in title: and Page I *( 2 RE1rO4552570,WM00 "552580,000000 0 0 This covenant is intended to benefit and run in favor of the County of Monroe: and In the event of any breach or violation of the covenant contained herein, the said County may enforce the covenar�t by injunction or such other legal method, as the County deems appropriate, EXECUTED ON THISdayof 2003 WITNESSES: (Signature) OWNER OR OWNERS 'x (Sig a If' --� ltv Tonya A, Koblick_Trustee {Print Name) (Signature) (Pnn Type, Name) (Signature) -Z (Print`Type Name) Swom before me this /!" —day of 2003A.D, -T- 't),efC 14 Notary Public (Print Name) Notary Public (—$�natureyj MY Commission Expires: el Pne 2 of 2 REON5525700.000000 #00552HO00WW « &— J* 2C Zza • 0 T'ONYA — KORLIC'K REVOCABLE TRUST AGREEMENT This Tr:rst Agreement made this —`�-4 dey, of ���99t1, tretweah TflNYA A. KOBLICK thereinafter called Grantor", and T©.N A A. KOBLICK and IAN G. KOBLICK hereinafter called the Trustee.). Item I The Grantor hereby transfers, assigns and cor�veys to the Trustee the property shown an the attached es he3ule in trust for the benefleiaries and upon the uses and trusts hereinafter set out. Itern II The Grantor reserves the right to alter, amend, modify or r=cvoke the trust in whole ter in Part at any time and from time to tine by an instrsment fn v-riting sigr_ed by t-i,e Grantor and delivered to the Trustee. Item ill ia; During the Grantor's lifetime, the Trustee shall pay a l or the net incurrne of the trust Corr ently to the Grantor or m "the Grantor otherwise direcfs in wHtmg and the Trustee shnl=, from time ,o tire, upon written direction by the Grantor, par any hart or ai' of t to principal to the Grantor or as the Grantor otherwise directs. (b) At any time while the Grantor is physically or rrental;y unable pre.perly to manage her affairs, as determintxd undo r paragraph {c", beIow, the T ru toe may use such part of the income and tie principal of this trust as it deems neeQssarti to prrride for the sugpert and maintenalIce of the Grantor, including any medical expenses or other exper.sts that the. Grantor may incur, accumulating any income rrt'sad currently as princ_pal. The Trustee map pay any such expenses of chi, Grantor ",inertly or make payments to the Grantor without the intervention of a guardian. During the period of such oiPabi ity the Trustee may make purchases or sales without securing the Grantor's direction or consent. Any purchaser. seller, transfer agent or other person dealing with the Trui.ee may act on the sole signature and direction of the Trustee and mat- conclusively presume that the Trustn_e has the Grantor's direction for or consent to a purchase or sale or that the Grantor's direction or consent is not then necessary. inttka..14Y r tc) The Tru=tee may rely conclusrely upon a certifeca:iun by the Grantor's regularly attending physician that the Grantor does not have the phi sica': or rnerta, capacity to manage his financial affairs or that the Grantor is again able properly to manage his affairs. Item tv The Grantor as well as others shall have the right at any time to add to this trust by depositing additional property with the Trustee hereunder, provided such property is acceptable to the Trustee, All property so deposited shall be held and distributed by the Trustee as if it had been a part of the property originally deposited hereunder, a ,legs the instrument by which such property, is deposited otherw4se provi&E!, Item V After the Grantor's death the Trustee shall nay from trust principal, either directly or through the Personal Reprosentative, such arnouetts as the Pereoral Representative cf the Grantor's estate shall certify in writing are required to pay debts, taxes, and expenses of administrating of the Grantor'$ estate, The detorrr>ination ref the `ersorai Representative of the Grantor's estate as to the amount of any payment required hereunder sha<t he conclusive and binding upon all persons interested in the trust and the Grantor's estate and in no event shall any asset not includable in the Grantor's gross estate be used to make such parz_nent_ Following pnymen , of tf_e above amounts, if any, and the payment of all other obligations of the 'Trusted, including the axpenses of administration of the trust, the Trustee shall bald and distribute the trust property as provided in the succeeding Items of this Agreement - Item VI ai 1?pon the Grantor's death, if Grantor's husband, IAN G_ KOBLICK, survives the Grantor if the Grent-or and tier husband die under euch circumstances that it cannot be determined which of them died first, it serail hey presumed that the Grantor's husband predeceased and this provision shall not be effective) the Trustee shall distribute outright and free of trust to Grantor's husband, IAN G. KOBLIGK, including any additions therena by devise under the (3rantor's will or otherwise, an amount determined as follows. CI) ssrertain the value (if the Grantor's entire estate pe€rairg under tl.is Agreement, ;2, da_dkict therefrom the value of all property distributed ur_uer the pr, U'ding Items of this Agreement, f3) deduct from the remainder the sunk of (rit) that wnount needed to increase the Grsrtar's 4tntttAlsl taxable estate to the Isrlmat amount rafter taharg i.rta co,"iderc6orz rl,e Grantor's aajusted taxable gins, if any) which, after allowing for the unified credit, will result in no federal estate tare other than any estate tax with respect ti,�) ar, excess retirement- accumuletios being imposed on the Grantor's estate, reduced by the aggregate value of (0 ashy property that is included in the Grantor's gross estate and passes or has passsed outside of this Agreement or under any preceding Item of this Agreement without qualifying fcjr a charitable or marital deduction under the federal estate tax law, and {ii) all distributions made from the Grartor's estate or this trust to pay debts and expenses of administration fDr which no deduction is allowed for federal estate tax purposes and which require the use of the ant ied credit to avoid the imposition of federal estate tax, plus (B) all debts, expenses of atiministrataon and similar charges which reduce the value of the property disp4sct ot` O!'&r the Grantor's Will or this Agreement that tray quality for the rexrita? deduction, and (4i the result shall be the amount of the distribution under this Itern. All computations hereunder shall be ntade at, the basis of property values as finally determined for federal estate tax parpoges and after taking into account any election the Personal Representative of the Grantor's estate and the Trustee mace for tax purposes, but assuming teat any elecbion rNluired to qua;ily the property passing under this Item for the marital deduction is made, No reduction shall be shade in the property passing under this Item, however, and no charge shall be made agsin such property or the beneficiary tbereOf becatise of Any estate or ielreritar_ce, ta-r imposed on the Grantor's estate or this trust. It is the Grantors intent that if the Grantor's husband survives the Grantor, that this ditribution for his benefit be satisfied, to the extent po5$ib(e, with stock of a corporation or corporations which have elected svbehapter S status as defined in section. 136t of the Internal Revenue Code of 1986, ib) The Trustee in funding this distribution --hail set apart hav;-sg an aggregate fair market value at the date or dates of funding equal to the amount determined under the preceding paragraph. (o) The Trustee shall not use to fund this distrihutiort or any part thereof any asset in respect of which no marital deduction would be allowed. £d', The, Grantor acknwvkl dges that, as is result of the appficae on of the formals provisions in this Item, it is powsible that ro property may be distribut--ed hereunder, (e If the Granter's husband rend=roves ter disclaims all or any piirt of her interest in I he property passing ender this Item, such property nr part thereof shall nrot pnss hereunder, but shall it --lead pees under, and be governed by the provsions of, t, e text sreceeding item of this Agreet-lent, which disposes of the balance of tfle total tau: Psrzte, as if originally, a �snrt1$,I * 0 part thereof aid without prejudice, to the Granter's husband's irri rest (hereunder. Item VI! (at Upon the Grantor's death, the renaming trust estate <hi l be held by the Tnustile upon the uses and trusts hereinafter set out. (b) The Trustee shall pay the net income from the property -, ntI, to or for the bar-eftt of the Grantor's husband, Ir1N G, KOBLICK. (e) The Trustee mai also invade the principal of this trwst in such amolnts as it may deem necesaty in its judgment to provide for the health and sipprrt of the Granter's husband in his acc€tstarned manner of Tieing. (d) After the death of the survivor of the Grantor and her husband, the Trustee shall div-ide the property remaining ,n this :rust intn two (2) separate an equal shares and distribute them as fellows. Ii One share shalt be distributer free of trust to the, Grantors son, T3f' w. t ORLIC'K, is he survives the death of the at�r.ivcr of t=se Grantor and the Grantors hus:)and If the Grantor son, TAV, 'W. KOBLICK predaceaseb the death of t-he survivor of the Grantor and the Granu)rs btisband then the s3.are distributable to the Grantors eon shall be distributed to the [grantors sons living descendaetza, per stirpes, except thst the share of any deseendant than under twenty --one (21) years of age may be held in trust as hereinafter provided. If the Grantors said son has no living descendants then this share shell he distributed as set forth in 1'2) below;, (2) One share shall be held by the Trustee in trust for the Grantors gar, TOREN N. KCIBLICK, if he survives the death Of the survivor of the Granter and the Grantors husband, upon the ufiss and tr iFt,;z hereinafter set out_ If the G:." tors sae.. TOREN %ti KOBLICK predeceases the drz tl of the survivor of the Cirantcr and the Grantors husband then this share ;hall he 3i�'t_ributed to the Grantors sons living descendants, per stirpes, except that Ilse share of InY (irscendant then under twenty- one (21) years of age may be held in trust as hereirnfter provided. If the Grantors said son has no living descendants then this >hare shall be d *ributed as set,fm-h in (17 above. €A) The 'Trustee shall pav the net income tk:erefror, to TOKEN N. KOBLICK, (B) The Trustee may also invade the prinr pal of the trust in such ataounts as it msy deem necessary its its judgment tc provide for the support, health and education of TOREN N_ KOBLICK, ECJ After the death of tho Grantor and her husband and the division of the property into thin trust, the Trustee shal,3 turn over to TOREN N. KOBLIC,K one-fourth (1/4) of the property then in the trust; and five {*u, years after the death of the Grantor and her husband, the Trustee shall turn over to TOREN N. KOBLICK one-third (1,3) of the property then in the trust; and ten (14) yeas after the death of the Grantor and her husband, the Trustee shall turn over to TOKEN, N. KOBLICK one-half (1i2) of the property that, in the trust: and fifteen (15) years: after the death of the Granter and her husband, the Tru3tee shall turn over to TOKEN N, KOBLICK all of the property then in the trust._ £L2i The Trustee may aim distribute to T()REN N. KOBLICK either before car after he becomes twer:ty-E've l?ar; gears of 89e, from the trust, a pcirtion of the prinsipaI of the trust to enable hint to marry, to enter iatu a trade, profession or business, to puresa a home or for similar purposes, if tho Trustee deems such distribution to be in the hest irtarest of TOREN N. KOBLIGK. (E) If upon the death of TOREP7 N. KOBLICK before receiving all of the property of his trust any distribution from surb tr, at would otherwise constitute a taxable generation -skipping transfer icon purposes of the generation -skipping transfer tax, TOREN N, KOBLICK shall hap the power, exercisable by his last will and tcstan>ent, making express reference to this PGwer, to appoint any property remaining in such trust at his death '0 such persons, and in such manner, as he ray in sLch instrument direct or appoint, ttcluding the power to appoint such property to his estate. Any portion of the trust which is not distributed pursuant to the exerci-,e of any such power of appointment shall be divided upon the death of TOREN N. KOBLICK, per stirpes, among his surviving descendants, if any, and if none, shall bs distributed equallp among the Grantor and Grantors husband's heirs. W if at any time before the final distributi=an of this trust all of the henefieiarias harem Warned or descnbPd should die and there should he nr_, such bent iary to take the property or the income therefrofn, then: the property remaining in the trust shah be 1 7-1t- t - ,nat _._ distributed equally among the Grantor and Grantors husbands heirs Item VIII No bereficiary of any trust created hereunder shall have any right or power u, anticipate, pledge, assign, sell, transfer, alienate or encumber Isis or her interest in the trust, in any way; nor shall any such interest in any manner be liable for or «bjW to the debt€, liabilities or obligations of such beneficiary or clxirrs of any sort against such beneficiary. Item Ili Wlnenever the terms 'child", "children" "deq er done- or "des I T-1 Its" are used in this Agreement such references shall be deemed to include any legally adopted Child to the extent that they would Include a natural barn chile; of the adopting parent, except that they sheIJ exclsde any person whose adoption occurs after such person has reached majority age. ITEM Y a) Upon the death, resignation, or legal disability of Grantor or if C=rantor is linable to properly manage her affairs by reruns of a mental or physical disability as herein provided, then Grantor's son, TAV W. KOBIA K. 44l? bec€rrne a Trustee. In the evert either Grantor's husband, IAN G. KOBLIC7K, or son, TAY W KOBL,ICK, shalt fur anv reason be unable or unwilling to act as Trustee, then in such o ent, Grantor's brother, RICHARD W. SMI'I'HOUSEN, shall act as Go -Trustee. th) 'The Trustee Of any treat created by fats Agreement mar at any tame resign by instrurnec:t in vvriting signed by such Trustee and delivered tr, the Grantor if then living, the successor Tnistee, if any, and the perms then entitled to the income ':'ronf such trust. te) If a vacancy occurs in the office of Trustee of this trust then the remaining Trustee shall appoint a auctessor C O-Truvwe. (d) No Trustee shall be required to indulre into or audit the arts or doings of any prede- esaor Trustee or to make any claim against any such precieco"or cr his estate. Any successor`Prustee, shad have and may exeretse all «,'the powers, larivileges, irnizrur;ties and exemptions conferred on the Trustee 89 fulig and t4, the saute extent as if the successor had originally been named as Pr:rstr,,e herein. t 'it, ls} P— j 0 0 Item Y1 The Grantor has confidence in the investments which have been or will be deposited hereunder and no ;hang£ need be made by the Trustee in these investments solely for the purpose of creating a diversity of investments, but the Trustee shall be authorized to sell or otherwise dispose of such investments, if and to the extent the Trustee downs such sale or disposition to be in the best imwrest of the treat, without being constrained to do so_ Item X11 1a1 Ira the manage toerit, care and dirk ayti n Qf this trust, t;-ie 'i ru=t-ea s pail have the power to do things and to execute such €n trumentce as naay be deeased necessary or Proper, including the following powers, all of vfhicia 'nay be exercised v ith xut order of or report W any court: E 1? To sell, exchange or otherw`ae dispose of any property at any time held or acquired hereunder, at public or private sate, for cash or on terms, without adverti,sement, including the right to lease for any term nctwithst�anding the period of the trust, and to grar:t options, including an option or a period 1 r'V end tie durat;o of tile, trust; (2) To invest all muniea in such stocks, bond.4, securitij?.�, ;n vestment company or trust shares, mortgage, iiUteS, chcsI_'s i,} Action, real estate, irapro vernent,4 thereon, and other property as the Truster cony deem beat, without regard to any law now or hereafter in forca limiting investnienta of fiduciaries err the fart that a security is purchased from an underwriting syndicate that includes the Trustee or an affiliate of the Trustee as a member or that the securi.y was underwritten by such a syndicate and is purchased from a member of that syndicate and without the-Virernent that such property yield any spec;f,ed amount of income As may be required by Florida law as it riow• exists nr may hereafter be amended. (3) To rota=n for investment ang property deposited with the Trustee hereunder, including any stock in any crrporate Tn.,stee or in a parent or affiliate company of such Trustee or ri a company -rose stock the corperati� `i'ruatee or its parent or aff-Hia€e holds as an asset, either mfl;v;dually or in a f?duclary capacity; i4) 'i'o vote ins person or by proxy any corporate stork or other Security ar>d U,) agree to or take any other action r, regard to any reorganization, merger, conso'idation, liquidation, bankruptcy or Xher procedure or proceeding affecting any 0 0 stock, band, note or other security, (5} To ensploy real estate brokers, accountants and Other agents, €f such employment be deemed necessary or desirabiiand to pay rea�zonable compensation for their services; (6) To compromise, nettle or sd ust any claim or detnend by or against the trust and W ,gam to any rescission or modification of any ceactract or agreement affecting the trust; (i) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any proger+v of the trust, including the power to borrow from the Trustee at a reasonable rate of interest; (8) To retain and carry on any bcsines in which the trr:st may aoquira an interest, to acquire additional intereets in any such bijsi,ess, to agree to the, iiguidation in kind of any corporation in which the trust :nay Fia.c an interest and to carry on the business thereof, to ,loin with Other owners in adap*;ing any farm of management for any business or property in which the trust may have an interest to become or remain a partner, general or limited, in regard to wiy such business or property, to incorporate any such busi,— or property and, hold the stock or other securities as an investment, and to employ agents and confer can them authority to manage and operate such businee", property or corporation, without liability for the acts of Any such agent or for any loss, liability or indebtedness of such business if the mansgement is selected or retained with reasonable care; (q) To register any stock, bond or Other security in the :lame of a nominee, and lee fati-ally and internationally recognized deptasitories, without the addition Of words indicating that such security is held in a fiduciary capacity, but accurate records shall be rnnintained showing that ouch security is a trust �.4et; (10) To estnbli-Sh and maintain reasonable reaarves for depreciation on property suh>ect to depreciation under generally accepted accounting principles as a charge against incorme and a credit to principal; (11) To amortize Fond premiums. (-tr) Whenever the Trustee is directed to distribute any trust property in fee simple to a person who is then under twenty-one (2l) years of age, the T'r'Istee anasl be authorized to hold s;rch property in trust for such person cinch he Or she L-c-ses twenty-one (21) years tmi;,t�TaJ i 0 of age, and in the meantime shall use such part of the income and t?w principa of the trust as the Trustee may deem necessary to provide for the health, support and education, otsuch person. If sack pemnn should die before becoming twenty-one (21) years of age, the property then remaining in the trust shall be distributed to the personal representative of Such person's estate, fc) In making distributions from the trust to or for the benefit of anm minor or other person under a legal disability, the Trustee need not require the appointment of a guardian, but shall be authorized to pay or deliver the sarnu to the custodian of such persea, including a custodian for such person under the Florida Uniform Transfers to Minors Act, with the power to select any person or entity to ac-- as such-Mod;an fvvho ntay the Per, -oral Representative of the Grantor's estate or the Trustee!, to pay -��r deliver the sar.te to such person without the intervention of a guardian, to pay or deliver t}me same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit ofauch person, (d; The Trustee shall not be required to file any inventory, acLou_tting or otz er returns or reports to any court or to gi,e hrnd in any jurisdiction in which such requirements may be waived by the terms of this Agreement, but shn I furnis h a at rent of receipt,8 and disbursements at least annually to each person then entitled to inconje from any trust, {e) In the distribution of the trust anti the di ision into soparate trusts and shares, the Trustee shall he authorized to make the distribution and division =n Money or in kind or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made aid the values established by the Trustee shall be binding and conclusive, on all persona taking hereunder, In snaking such distribution or division, the Trustee may allot undivided interests in the frame property to several trusts or shares. (f) Except as otherwis,� provided herein, all receipts of money or property paid Or delivered trl the Trustee and all expenses shall be allocated to principal or income in accordance with the laws of the Stagy of Florida; prFry `led, however, that with regard to any item not governed by such laws the Trustee shall have discretion to determine whether items should be charged or credited to incorme or gr in= -Spat or alto ted between !:,come and principal as the Trustee may deers, ettuiieble and;ust under all the cir4un stz:nces_ ig) It at any time after the Grantor's death the tu:al fair market vah-je of the as atC of any trust estslslished or to be established he is less than $l{1d,6(}tj, )0 the Trustee __ rntt� s in its discretion shall he authorized fin terminate such trust or to deride not to establish such trust, and in Such event the property then held in or to be distributed to such trust shall be distributr d to the persons who are then or would be entitled to the income of arch trust, If the amount of income to be received by RuPh persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authori7ei to distribute income, and in such proportions, az the Trustee in its discretion shall determine, fht The Trustee shall be authorized to lend or borrow, at an adequate rate of interest and with adequate security and upon such term,, and conditions as the Trustee shall deem fair and equitable, and to sell or purchase, ai the fair rru ket -11- as determined by the Trustee, any property to or from the Grantor',, etiate rr r-l� trust created by the Grantor during Iife or by wilt, even though the some person or corporation may be acting as personal representative of the Grantors' estate ;rr as Trustee of any of ouch other trusw and as Trustee of this trust, ii) Unless Otherwise expressly directed hereunder, the Trustee, Shall be authorized to snake any election or allocation permitted by any tax law, including filing mint returns, consenting to have gifts made by the Grantor's spouse treated as if made partially by the Grantor, treating transfers by the Grantor as qualified terminable interest property or any part or all crt such erans#ers as if qualified terminable interest property treatment had not been elected for gsnera'-ion-"kipping transfer tax purposes, and a to>_at ag the grantor's unused genera tion-.9kipping transfer tax exemptior, ifi in the opinion of the Trustee such election is for the combined best interest of this trust and the benenicisties thereto, and shall be authorized to make, or fail to make, such adjustment between the parties or the several distributions or accounts as the Trustee may dsem equitable and just under all the circumstances, tji The Trustee of any trust created by this Trust Agreement, shall be authorized for tax, adminiSr_rativP or investment purposes to divide any trust established hereunder, based open the fair market values of the tract property at tree time of division, into two or "lore Separate trusts, the dispos'itive provisions of which shall, except as otherwise expressly provided herein, be identical to those applicable to tale trust prior to division., and to consolidate any trust established hereunder with any trust having substantially identical provisions for the same beneficiary or henefc:nries if arch consalidatien is consistent with the Grantor's intent and does not defeat er impair a beneficial interest_ without. limiting the generality of the foregoing, the Trustee may divide any trust into separate trusts consisting of portions that would, and would not, respectively, be included iu the gross es''ate of the —unit gIsj_ _. (mortar's spouse or another beneficiary for federal eLtate tax purposes if gsch benefcs'sn died irnmsdiately prior to the division of pertians that for federal generation-skippeng transfer tax purposes either have inclusion, ratios of zero or one, or different transferors. (k) Anything in this Trust Agreement to the contrary notwithstanding, if at any time the Trustees are authorized to determine the amount of income or pHncipai to be received by or paid for the benefit of an individual who is then acting as a Co -Trustee, or an individual to whom a CQ-Trustee in his or her pe*sc=uat capacity eves anv 'oval obligation, of Support or otherwise, such Co -Trustee shall 'take no part in the deterniLnation of the amount to be received by such individual, but the determination shall be made by the other Trustee, The purpose of this provision is to prevent such Co -Trustee frorrr, Ding taxed because of such power. Item kII1 (a) Anything in this Trust Agreement to the rclr±trary t;uf iths audtrg, all property of every trust created herein shall vet in and be distributs,d to the persons them entitled to the income from such property fit the expiration of twenty -ore f21f years after the first fin occur of the death of the last surviving beneficiar of this truaP. who was in life at the date of the Grantor's death or at the date this trust heearne irrevocable unless soonar vested as herein provided. The purpose of this prov stun is to prej eat any possible violation of the rule against perpetuities and this provision shouldd be so construed. {b} If the person to receive the incorrae from any property, or the amount of such income to be received by each person, are to be determined in the discretion of the Trustee, then the 'I`rustee tthall distribute such property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportion=, as the Trustee in its discretion shall determine, ltein xnl The Trustee acknowlodges receipt of the property set forth oij .he attached schedule, accepts the trust hereby created and covenants it wilt faithfully discnerge all duties of its office as Trustee. artltra cJ�_ i IN W-ITNF.SS WHEREOF, the parties ltav, <,xera�d ti is i s[rll7le�tt the day and year first above written, it.��� ON A. KC)BLICK, RANT R STATE OF FLORIDA COUNTY OF MONROE Tire foregoing instrun;ernt was acknowledged before me by TONYA A. KOBLICK, this .`1._._. day of T, 1994. Notary Seat lJ-1617- oiary F .s iic My Corn=nission Expires: ONLINE DATA CENTER SEARCH PROPERLY INFORMA 1101, MR: Aftcrnate Ke% RE Nujnf_<r: Pritti Search AgaiA Owstm of RwoRn PRoff'Ril M%p 0IN grk LIA.At V am% I-sl0l" 4w —A yVl TION, T,A RANGE t4 - of cstat4 Ta"s PC coof, col)c hrtp "voA', 1, 1 - rccO!w asp V"'v ARFA horcrl� Page 2 of2 i tO, t's 12 lAq Ht i1fl, 3f% f w k Cf I It OfTIOU RI(ORDs Ek*mptf,ti {',Fkt kfrNT ViC�A T3X R�Crd This page hay heen -1,466 time hIttr, ' wlvw in,:pa.].oug jatacm,,er a14 I of, ol�,, r ONLfNF DATA CFNTFR RECORDSSFARCH INfORMAVION FOR: AIervalcKc% !677fi , I OANI N 01 Rf', (,Rfi K J":") I ij i, , , IWA 'v � W* t,o, tv^ LT4-t aesrxlvrkxt 4 ,Nct 411 LAGE GkOf il Land ill) u. ( obi 9 sew + ti NILWP size Nont: C Small C- N'lldRIM IAID %RVA 1 �,'2007 Prcpe:t, [a:`�terttali�n fir ':!��gIikt _..-- Page 2 4 =- areri — �.k Rm _ , f R Rt If.t)t, : 511,cLAscol I - IMPRtJ4ASiP1';'S �Izy-� FtT tCP[fz 4,'fit .IkXs t'a t [ fnvF 44 \fbR� 1-��'RJ Fj 2fO14 h h i"wf-t)Skt4l f' 4t 00'1)p"�1 [t tvrflitt(73RF1 �411�[Il4 H£((i'tD h-IYi?ktJtMrOkFt(.l t, it "Ff"I'm \iti eff 11Y t� Pl_[;s,} i,iti tSt R C3F Eit F T[�/} 10 PR(N.'"s :i_ No, 4alF pl4F IJfi1(t4I. RE,CYJR1Yi � ' WX)XTAGe PRSCk; INs1Rf Llvl[ _...� ------ - .1. L VIC% Tax ('(AleC:tvr R:C4Pu this Nlge flay t�cn wisi:t t 2,372 tires h19p" wYw%', e�,a<�_ar ��ataeeuter.: rch rerord,us p f::?lX t Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Oscar Casariego on Lot 15, Block 10, Largo Sound Village: RE: 00476030.000000. ITEM BACKGROUND: A building permit was applied for on February 21, 2003 and a ROGO application was applied for on April 17, 2003. The applicant applied for administrative relief on February 26, 2007 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Aref Joulani Senior Director of Planning & Environmental Resources From: Date: RE: Julianne Thomas, Planner David DaSilva, Biologist April 20, 2007 Administrative Relief for0scar Casariego RE # 00476030,000000 L BACKGROUND The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and having submitted their application for Administrative Relief no earlier than the third annual allocation period and no later than ninety (90) days following the close of the fourth allocation period. Date Entered ROGO: April 17, 2003 Date Entered Administrative Relief: February 26, 2007 ROGO Score: 21 Planning: 14 (+10) (+) (+4) Building: 6 • (-1) (+4 ) (+3) Environmental • (+1) IL CURRENT CONDITIONS Infill Lot Aggregation Perseverance Flood Zone — AE8 Water/Energy Conservation, Structural Integrity 1 Group 1 Page 1 of 3 Reviewed by W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief2007 May BOCC\Casareiego 03300694\CasariegoStaffReport.doc I Location: Lot 15, Block 10, Largo Sound Village: RE: 00476030.000000 2 3 Owner: Oscar Casariego 4 5 Applicant/Agent: None 6 7 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 8 Proposed Tier: III 9 10 2006 Taxable Value: $78,000.00 Purchase Price in 2001: $ 1.00 11 12 LEGAL ELIGIBILITY AND OPTIONS 13 14 Eligibility for Administrative Relief Options: 15 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 16 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 17 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief. 18 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 19 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 20 annual allocation periods and having submitted their application for Administrative Relief no earlier than 21 the third annual allocation period and no later than ninety (90) days following the close of the fourth 22 allocation period. 23 24 Relief Options under Administrative Relief: 25 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 26 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 27 such other relief as may be necessary or appropriate. 28 29 The subject property does not contain sensitive environmental features or any significant habitat for 30 endangered or threatened species. It therefore does not meet the criteria established under the existing 31 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 32 for the purchase of property under Administrative Relief. 33 34 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 35 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 36 the Year 2010 Comprehensive Plan. 37 38 III. RECOMMENDATIONS 39 40 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 41 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 42 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 43 which closes July 13, 2007, or next available allocation period. 44 Page 2 of 3 Reviewed by c��_ W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relicf2007 May BOCC\Casareiego 03300694\CasariegoStaff Report.doc It IRS, ool� ITS Awl RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY OSCAR CASARIEGO ON PROPERTY DESCRIBED AS LOT 15, BLOCK 10, LARGO SOUND VILLAGE, RE 00476030.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Oscar Casariego 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: Oscar Casariego's application for administrative relief is for Lot 15, Block 10, Largo Sound Village in Monroe County, Florida having RE#00476030.000000. The date of the ROGO application is April 17, 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 February 26,2007, 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 Lot 15, Block 10, Largo Sound Village 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 R.-,SOLI TION Page 1 of 2 OSCAR CASARIEGo, Lo"r 15, BLOCK 10, LARGO SOUND VILLAGE: RE: 00476030.000000 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 Oscar Casariego, for Lot 15, Block 10, Largo Sound Village 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(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. PASSED 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY ATTORNEY APPR 0 A FORA( Date: ADMINISTRATivE RELIEF RESOLCTION Page 2 Of 2 OS( AR CASARIEGO, Lot 15, BLOCK 10, LARGO SOUND VILLAGE: RE: 004760X000000 41" PPIACA VION FOR ADMINISTWATIVE RELIEF Idinini"'frxivc Rell"JAc S-60 flrj Apowws nuQmg ad&"s, his. os- On nM adww aPj+ cat lon tqlr,r,ernl My iFIS application, Rdwf* 1 Egdl dewrpr:on am WM& � -iz N`QFARY. STA T F, OF FLORIDA NFY 01, h [-se rnt Th r Pnlp,% hwlormat)m tklr 1 SSI I �4 Pagc I of 2 N ONLINE DATA Rvi-ORDS SLARCH PROeFRII INFORMATION FOR: NIte maw kcy; i �81 154 RI, Nutnhr 00476030-000000 PtW Again (300$UOn abC*A ;'i VJGAJ. MS( WrF101 , 14i 14" 40 STcyi"N, Tow"mr, Rn,va Estimate Taxos Map S:7e Nonc r Siiialll %feinum 1..ugc AmVtew, off- — Or, hltpc,'J'Anww-mc pall 4 262007 nl"rm�at I, In f("t I P a r r or I Y a I It L, H ctq r v sflea ELI It I,'T :(4)" Lav --106 I I.W ZT012 14 4c- i4 4 14W 1 IY48 1 1; twl 1994 014 St, IAO t Parcel sw k' ff Man ,-to wRR"".f­No ful'i"fliitl lilt giw (ri'+sii, '4W,U I P I'll -i"Alt (11 R­oi( I t"if I"I'Lu'li"It 1,Llf, DATE OWL LAI, RF ' '(WD. PRA E IISI W o3f N1 I a-, Cuflcctar R.:'urd This Vag-, has been 4 isicel 2 1,471 iime,, County of Monroe Growth Management Division • • jfe1Y� of C'uaatt f ammissiourrs ea e�i-er. F1 rd� S�d,'ti PAN 3i37 N r enr _ _ Stn rc .) 1 Ff f a i'r to be taring, pref"i'uw and fair Date:?!Z ] — Tttt12:� Dear Applicant: This is to acknowledge s4bmittal of your application for ll��crayr^-Eistzxa the Monroe County Planning Department. Fr�ic- -'arx ',A"e are unable at this time to issue a receipt of you.- application, as it will rake our staft' two working flays to determine that all required materials related to your application, have been submitted, All applications received after 12:00 moon will be considered as submitted the following working day. Also, as required by Monroe Cf)unty code, planning staff will review ;your applicatIon after acceptance, to deem it complete within an additional fifteen working days. Thank you. Planning Staff W,GROVrIIMA'tiACEMENT;.cr,{aies�Ytannzag.4ppizeascvns-t'n�e Sarcforrr.A�pSSrsdaa�..:�p r.=zPrvice�ur: term°,LFy'stauuri Rccepumt Pm ec�ues - PK / z > � ƒ - _ i z2 �) �§ : !a■! i d � y 4 C bS C � S O a h � Q 3 P c m C S R h � n j t � v O <Y a C w Gi X � � i C G 7 ai 5 � r_. � � � O t'•, h F � � C 'a � N ,.; AQ A a � � a i � y � y s J o � MCNR E C(aU4;j ` P ra oZ MISCELI.Ai EOUS FBA ^_IFT RFCEI T #9fie_'S PRINT CATS t 03 G_J26O-, PRINT TIME :9:07:14 RECEIPT DIiTE ^3/0112307 OPERATOR : aarbarta COPY 4 1 UVEI EZ PY arcerta CASH DRAWER: 2 RE.^ Y FRM . UARIEGO CCRP, ^uR 106.1 C,GTES ;�R ADM IN, REL1FF R E # 00,476C3C. "u00,,)0J £ZE ZC woos &us RCP'?' f ALANCE TOTALS; METE'0 OF PAYMENT AMOUNT NUMBER CHECK -- - - _______________ 5G.0� 3 'X, A1. RECEIPT _n_^=7�6C.00, 3941 CASARIEOO CORPORATION PAY i _ TO TN4t 1i@Cqq t /1 ORCFfi t%! f tsrxacc* }i Fm 9003R IO 4067006993i: Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2007 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact Person: Alexander Adams/ David DaSilva AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Ronald McGarrity on Lot 1, Block 5, Pamela Villa Subdivision, Key Largo, Real Estate Number 00464490.000000. ITEM BACKGROUND: A building permit was applied for on April 11, 2003 and a ROGO application was applied for on May 14, 2003. The applicant applied for administrative relief on May 15, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be approved in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A BUDGETED: Yes N/A No _ COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: DISPOSITION: Included X Not Required AGENDA ITEM # To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair Board of County Commissioners Aref Joulani, Director of Planning & Environmental Resources " Alexander Adams, Principal Planner David DaSilva, Biologist April 19, 2007 Administrative Relief forMcGarrihd RE #00464490.000000 1 1. BACKGROUND 2 3 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 4 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 5 annual allocation periods and having submitted their application for Administrative Relief no earlier than 6 the third annual allocation period and no later than ninety (90) days following the close of the fourth 7 allocation period. 8 9 Date Entered ROGO: May 14, 2003 10 11 Date Entered Administrative Relief: May 15, 2006 12 13 ROGO Score: 21 14 Planning: 14 15 • (10) infill 16 • (0) Lot Aggregation 17 • (4) perseverance 18 Building: 6 19 • (1) Flood Zone X 20 • (3) Water/Energy Conservation, 21 • (2) Structural Integrity 22 Environmental: 1 23 • (1) Group 1 24 25 I1. CURRENT CONDITIONS 26 27 Location: Lot 1, Block 5, Pamela Villa Subdivision, Key Largo 28 29 Owner: Ronald McGarrity 30 Page 1 of 3 Reviewed by ct(� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Aden Relief\2007 May BOCC\McGarrity 03301521\Staff Rpt allocation mcgarrity 0330152 Ldoc I Applicant/Agent: None 2 3 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 4 Proposed Tier: III 5 6 2006 Taxable Value: $56,175 Purchase Price in: 1969- $900 7 S III. LEGAL ELIGIBILITY AND OPTIONS 9 10 Eligibility for Administrative Relief Options: 11 Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 12 2010 Comprehensive Plan provides a mechanism whereby an application which has not received an 13 allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief 14 The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling 15 unit allocation system and having been considered in at least three (3) of the last four (4) consecutive 16 annual allocation periods and having submitted their application for Administrative Relief no earlier than 17 the third annual allocation period and no later than ninety (90) days following the close of the fourth 18 allocation period. 19 20 Relief Options under Administrative Relief: 21 The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) 22 include issuance of one (1) ROGO allocation awarded, just compensation by purchase of the property, or 23 such other relief as may be necessary or appropriate. 24 25 The subject property does not contain sensitive environmental features or any significant habitat for 26 endangered or threatened species. It therefore does not meet the criteria established under the existing 27 Policy 101.6.6 and Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan 28 for the purchase of property under Administrative Relief. 29 30 The applicant has requested administrative relief in the form of a granting of one (1) ROGO allocation 31 and has not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of 32 the Year 2010 Comprehensive Plan. 33 34 IV. RECOMMENDATIONS 35 36 It is recommended that the Board of County Commissioners find that the applicant has met the criteria 37 and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that 38 establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period 39 which closes July 13, 2007, or next available allocation period. Page 2 of 3 Reviewed by ct7(5� W:AGROWTH MANAGEMENT\Non Geographic Projects\ROGO\Adm Relief.2007 May BOCC\MeGarrity 03301521\Staff Rpt allocation mcgarrity 0330152 Ldoc VIA � � � � Lam. ���� �� �• � F4 Lnir fobf o sit i► o y �r�, 1. .� � ,E� � � •.• , � � _ +, - 1w ILI Al 7 ec 1 ec I me I]FIIIIlllilmllmgll-: RESOLUTION NO. —2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY RONALD MCGARRITY ON PROPERTY DESCRIBED AS LOT 1, BLOCK 5, PAMELA VILLA SUBDIVISION, KEY LARGO, RE #00464490.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Ronald McGarrity 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. Ronald McGarrity's application for administrative relief is for Lot 1, Block 5, Pamela Villa Subdivision, Key Largo in Monroe County, Florida having RE#00464490.000000. 2. The date of the ROGO application is May 14, 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(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 9.5-122.2(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 May 15, 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. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Pamela Villa 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 RELILF RESOL('TION Page I of 2 MCGARITY, LOT I BLOCK _5, PAN ELLA VILLA, RE# 00464490.000000 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 Ronald McGarrity, for Lot 1, Block 5, Pamela Villa Subdivision, Key Largo in the form of a dwelling unit allocation award, subject to the following conditions: 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. The allocation award shall be taken out of the next quarterly allocation which occurs on July 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 RE #00464490.000000 Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY APPROVED AS-J FORM osts: AD''OINISTRATI�TF RELIEF RESOLCTION Page 2 of 2 MCGARITY, LOT I BLocK 5, PAMELLA VILLA, RE# 00464490.000000 W PLICAMN FOR J, AhN11 ISTRALTIVE RELIEF nvPT Applicant is: = ALsthcrtztJ Represenwrive Appliewa's Naffr:_ C T _ C) tj N L 0 Appli=rs mailing address: fats _J�i: v,, r- ts w Owner's name, (if applicant is not eA ncrt __1> / 3A, Owners address: Phane,_dyes _ �Zl ;Please attach astatement audiorizzingmprese.,itati3ri of this applic3ii(m bp' someone otherthar, CCSelf The statertcat should read: "l. (owner'snarr&) authorize (individual you are authorizing to reprrsen: yf)u' to represent my property for this application for Adrninistrative Re�ief' RF# 01- �s - Legal description (attach metes and bounds descr:ptiLn if necessary fT - Lc>_ t Date of ;Host recent ROOD Wh2t kind of adr.ninistrative rvhef ar-, you Addili,Xlad NOTARY: STATE OF FLORIDA AppEcant's SI#WJre cou-wry OF 11414 The foregoing g.gna,"e was ackno+ te4ged before n1m th.s 2S_day Of, ay S Ignatair of Notary State of Florida for I it,7q j 4 *W ONLINF DATA CENTER Ift Ri,com)s, SvNk(-t4 PROPER I I USFORMATION FOR: RV Nunilev 0046444M-000000 PrWj SmrbAoain I Ask aboLd!, Ox A Flo, R0, I IoN A '�3 S2 Fit) 11SIO., 40 StAl if)" fl). Ns"If. R Estimate Tars Pt, C, n't AN, R'l Illd \'L�i UME Nlap Sir,: 1,4\0 AREA 4 asp 1 ; -,2 -loOt-, *iw m m Proper5 Info-tnation Fir i567q',4 Page 2 C42 F.—j v Aime Histon --- VAN Rut: t f R 81 11,I)IM, httx U-1, % NFOUS F \ IF %I p MA N 0 Fr1N4eOst:M€�?h tic. , it 1)(11 llyllutk,) Dtol, 2W kf)? 2W4 . . . ........ SAIF D' rt of"CIAL RECORDS pRwt, mt IIE-11 f 0i View Fax CoHector RecoW, I his pale has been visitcd 13.720 flmes, hrtp:»""ww'mcpatl org I i 22"NIJ6 t!i NRCE =�:NT's —LIVE... ag if MISCELLANEOUS _ECEIPT RECEip— # 35686 CE'IPT DATE 05J,^9120006 RECEIV"RD BY bolzb RECID. FROM NA` 77R CCNSTRtUCTION U:)F i "16.I JF 236.2 PEE, ID ZOhI1tiG-C:32 TAL;Y ' IVETH011 OF PAYMENT - E4b_-__'-____-_- 70TAI, RECEIPT PR--N'- PATE r5% 9i2^^5 PR-'N- TIME 14:28:;3 OPZRAI�)R b�I zb 'C'�:Y # 1 CASE. DRAWER: 3 AMOUNT THIS PCP- BALANCE, -__ 7co OCi 00 W,01UNT N7VRE',R -------------- 3324 BAiNY OF AMHRI A e uuc or w>»emc.i rwd 3324 NATFVE CONSTRUCTION CONTRAGTtNO INC. {3nsi 061Silli .a&�3 wX 284 TAVEF4{lER EL=701ZI10 5/W006 PAY TO THE Monroe County Piatrniry Dept, ORXA Of � "760.00 Seven Handred Sb4 and Monroe Cooney Pkuw4nq Dept 46, Adntinisirairve ROW ,4pp4catia<t Rae •✓..�-''�'�`•� _ '0Ci3e4o iT093000C34?,; 003449905490w- N TrYV coeisrtwcrtow cQrT ACjj to WM Monroe County Ptannin9 DeV. Dace Type Reference 3324 5,WD06 Bit Par nib fl2-3 0707 Amt Balance iA�e ant Payment 760.00 760.00 760.00 Check Amount 76000 Bank 0 America Adrn nis#aWe ReW APphcabm Fe 760.00 %W Commissioner Charles "Sonny" McCoy RESOLUTION NW 23 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO MONITOR, LIMIT ISSUANCE OF PERMITS FOR LAND CLEARING IN THE BEST INTEREST AND PROTECTION OF THE PUBLIC GOOD AND IDENTIFY TO THE LAND AUTHORITY FOR RECOMMENDED PURCHASE ALL SMALL PARCELS OF CNA AREAS THROUGHOUT MONROE COUNTY NOT COVERED BY "FLORIDA FOREVER" FUNDS. WHEREAS, it is the desire of its citizens to preserve as much of the indigenous hammocks and pine stands as possible, and WHEREAS, the large tracts of hammock area will be preserved for purchase by funds from "Florida Forever", and WHEREAS, there is a threshold below which these funds may not be available; and WHEREAS, there is a stream of funds that could be available for the purchase of small parcels, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: Monroe County's Growth Management Division is hereby directed to: Closely monitor those small parcels in the CNA areas to prevent un-permitted clearing. 2. Limit the issuance of permits for land clearing so that the best interests of the public good, including the encouragement of building affordable housing, are protected. 3. Identify these small parcels, not covered by the "Florida Forever Funds" to the Land Authority for recommended purchase. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County this,�th day of June, 2004. S Mayor Murray Nelson C= o _ygs Mayor Pro Tern David P. Ricers d"' r%) Commissioner Charles "Sonny" McCoy�es O Commissioner George Neugent y e s � Commissioner Dixie Spe (SEAL) C) a rn O BOARD OF COUNTY COMMISSIONERS OF C Danny L. laage, Clerk AZDep MONROE C UNTY, FLORIDA B E i�G-s�_ By: Clerk MAYOR MONROE COUNTY ATTORNEY APP(�OV AS TO FORM: O JOHN R. COLLINS Date O COUNTY 0NTY ATTORNEY