Resolution 228-2007
RESOLUTION NO. 228-2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST FOR
ADMINISTRATIVE RELIEF MADE BY LUIS & NORMA
GA V ARRETE AND FERNANDO & JANET GA V ARRETE ON
PROPERTY DESCRIBED AS LOT 14, BLOCK 7, AMD. PLAT OF
WINSTON WATERWAYS NO.2, KEY LARGO, RE: 00547211.001400
IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION
AWARD.
WHEREAS, Luis & Nonna Gavarrete and Fernando & Janet Gavarrete submitted an
application for administrative relief under Section 9.5-122(f) of the Monroe County Land
Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners (BOCC) makes the
following findings of fact and conclusions oflaw:
1. The Gavarrete's application for administrative relief is for Lot 14, Block 7.
Amd. Plat of Winston Waterways No.2, Key Largo in Monroe County, Florida
having RE: 00547211.001400.
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. Monroe County Code (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 BOCC for administrative relief.
5. The BOCC has the authority to grant administrative relief under MCC 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 3/27/2007, under MCC
Section 9.5-122.2(f) and Policy 101.6.1 ofthe 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 Winston Waterways Subdivision and is not
environmentally sensitive.
9. BOCC 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 pine1ands.
ADMINISTRATIVE RELIEF RESOLUTION
GAVARRETE, RE: 00547211.001400
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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 Luis & Norma Gavarrete and Fernando & Janet Gavarrete, for
Lot 14, Block 7, Amd. Plat of Winston Waterways No.2, Key Largo having RE:
00547211.001400 in the form of a dwelling unit allocation award, subject to the following
conditions:
I. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 101.2.13 of the Mouroe County Year 2010
Comprehensive Plan and as required by Section 9.5-122.2(1) of the Monroe County Code.
2. The allocation award shall be taken out of the next quarterly allocation which closes on
October 13, 2007 or next available allocation period.
PASSED AND ADOPTED by the Board of County Commissioners of Mouroe County,
Florida at a regular meeting held on the 20tirlayof June ,2007.
Mayor Mario Di Gennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia J. Murphy
Yes
Yes
Yes
Yes
--Yi:.lL
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ADMINISTRATIVE RELIEF RESOLUTION
GAVARRETE, RE: 00547211.001400
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