Resolution 232-2007
RESOLUTION NO.232-2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY JAMES M. &
CHERYL A. SCANLON ON PROPERTY DESCRIBED AS
LOT 39, ORCHID PARK, SUGARLOAF KEY, REAL ESTATE
NUMBER 00166977.003900 IN THE FORM OF ONE (I)
DWELLING UNIT ALLOCA nON AWARD.
WHEREAS, James M. & Cheryl A. Scanlon submitted an application for administrative
relief under Section 9.5-122(1) of the Monroe County Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings offact and conclusions oflaw:
1. James M. & Cheryl A. Scanlon application for administrative relief is for Lot
39, Orchid Park, SugarloafKey in Monroe County, Florida having Real Estate
Number 00166977.003900.
2. The date of the ROGO application is May 15, 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 20 I 0 Comprehensive Plan.
4. Monroe County Code (MCC) Section 9.5-122.2(1) 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(1)(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 8, 2007, under
Section 9.5-122.2(1) of the 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 Orchid 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.
II. 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
SCANLON, RE#OO166977.003900
03-01-1893
Page 1 of2
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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 RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to James M. & Cheryl A. Scanlon, for Lot 39, Orchid Park,
Sugarloaf Key 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 Momoe County Year 2010
Comprehensive Plan and as required by Section 9.5-122.2(t) of the Momoe 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 ofMomoe County,
Florida at a regular meeting held on the 20th day of 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
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ADMINISTRATIVE RELIEF RESOLUTION
SCANLON, RE#OO166977 .003900
03-01-1893
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