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Resolution 355-2007 RESOLUTION NO.35S-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 FIRST ADDITION. KEY LARGO RE# 00469840.000000 IN THE FORM OF ONE (I) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Robert Holeman submitted an application for administrative relief under Sec. 9.5- 122(1) of the Monroe County Land Development Regulations; and WHEREAS, this matter was heard at the May 21, 2007 Special meeting of the Board of County Commissioners at which meeting the Board adopted resolution 202-2007 recommending purchase of the property as administrative relief; and WHEREAS, the applicant has requested a rehearing of this application; and WHEREAS, the applicant was given an opportunity to be heard; and WHEREAS, Board of County Commissioners resolution 202-2007 is rescinded; and WHEREAS. the Monroe County Board of County Commissioners makes the following findings of fact and conclusions oflaw: I. Robert Holeman's application for administrative relief is for Lot 2, Block 18, Largo Sound Park First Addition, 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 20 I 0 Comprehensive Plan. 4. 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 (BOCe) 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 May 5, 2006, under Section 9.5- 122.2(1) of the Monroe County Code (MCC) and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot. 8. The subject property has the land use district designation of Improved Subdivision - Masonry (IS-M), is located in the Largo Sound Park Subdivision and is not environmentally sensitive. AD\lINISTRATIVE RELIEF RESOLL:TIUl\ ROBERT HOLE\lAN. loT 2. BLOCK] 8, LARGO SOl I'\JD PARK, RE# 00469840.000000 03300393 Page lof2 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hammock or pine stands and limit the issuance of permits for clearing on said parcels. 10. 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 pine lands. 11. This parcel is in a cluster of parcels separated from high quality hammock by a paved road and has low 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. 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, 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 20 I 0 Comprehensive Plan and as required by Section 9.5-122.2(1) 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 closes on October 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 19thday of September. 2007. Mayor Mario Di Gennaro Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy :x 0 c:> :.~ :;.':': .,~ ?J o~,~:;: 0,--""; BOARD OF COUNTY COMMISSION~g,:-' OF MONROE COUNTY, FLORIDA cC c, ~ Yes No Yes Yes ~ = .... o ("") -I .", .. rt'1 ,- .d 'q \.Q 'J ~JJ -0 ~/().a~:::-:;" ~ ~/~N -, \.Q Mayor Mario Di Gennaro (SEAL) :::J t''"; C) ;';"::; :'~:-:~ eJ BY ATTEST: DA (~...,~ DEPUTY ERK MONROE COUNTY ATTORNEY PPROVED AS TO RM: SUSAN M. GRI EY ASS~NT COUNTY TORNEY Oate ~'H-, /9', :J---Pr) '7 ADMI\J[STRIITIVE RELIEF RESOLLTIO"\J ROBERT HOIHvlA\i, LOT 2, BLOCK 18, LARGO SOlI1\D PARK, RE# 00469840.000000 03300393 Page 2 of2