Resolution 582-2002
Resolution No. 582 -2002
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CONFIRMING THE
ADMINISTRATIVE BOUNDARY INTERPRETATION OF THE
DIRECTOR OF PLANNING AND ENVIRONMENTAL
RESOURCES IN LAND USE DISTRICT MAP BOUNDARY
INTERPRETATION NUMBER 108 REGARDING A PART OF
LOT 16, SUMMERLAND ESTATES, SUMMERLAND KEY,
MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE
MARKER 25, AND HAVING THE FOLLOWING REAL EST A TE
NUMBER: 00200600-000600,
WHEREAS, the applicants, Ronald and Dorothy Sanders are requesting a Boundary
Determination for their propety due to the fact that the Native Area (NA) District line goes through
the existing single-family dwelling unit instead of following the boundary of the fill pad.
WHEREAS, the property is described as a part oflot 16 Summerland Estates recorded in
Plat Book 2 Page 16, Monroe County, Florida, and more particularly described as follows:
Commencing at the Northwest Comer of Lot 16, near South 17 degrees,
00 minutes and 02 seconds East, 609,39 feet to the Point of Beginning of
the land and mangrove hereinafter described; from said point of
Beginning, continue bearing South 17 degrees, 00 minutes and 02 seconds
East 121.87 feet; thence bear North 72 degrees, 59 minutes, and 58
seconds East 421.5 feet, more or less to the shore line of Niles Channel,
thence meander said shoreline in a Northerly direction to a point that is
bearing North 75 degrees, 57 minutes and 50 seconds East from the said
Point of Beginning, thence bear South 75 degrees, 57 minutes and 50
seconds West 418 feet, more or less back to the Point of Beginning; and
WHEREAS, the above-described property was zoned RU-l, single family residential
district, prior September 15, 1986; and
WHEREAS, the Land Use District Map signed by Charles Pattison designates the
above-described property as both Suburban Residential (SR) and Native Area (NA); and
WHEREAS, the Land Use District Map signed by Donald Craig designates the above
Boundary Interpretation 107; Resolution
Page I of3
described property as Suburban Residential (SR) and Native Area (NA); and
WHEREAS, the NA line was drafted by following a vegetation cover line on the existing
conditions aerial photographs; and
WHEREAS, the future land use map (FLUM) of the Year 2010 Comprehensive Plan
designates the property Residential Low (RL) and Residential Conservation (RC). The scale of the
FLUM (1" equals 2000') makes it difficult to be specific where the exact line is drawn, however
the boundary line intersects the existing single family dwelling unit and fill pad, The intent of the
FLUM was to follow the Craig Maps zoning boundary line. However, the Craig Maps were
intended to follow the Pattison Map boundary lines, The Craig Map was transferred to the FLUM
and therefore a part of the fil pad identified under RE: #00200600-000600 was not included in the
Residential Low (RL) FLUM; and
WHEREAS, research by a Monroe County Biologist confirms that 1) the fill pad was
existing at the time the NA line was established, 2) the size of the fill pad has not changed
significantly since the inception of the NA line and 3) concludes that there may have been an error
in the original drafting of the NA line for the above described parcel. Further, the Biologist states
that formally determining the NA line around the fill pad will not have negative impact on the
adjacent habitat and will continue to preserve further encroachment on the sensitive habitat; and
WHEREAS, the Monroe County Code gives the Planning Director authority to render
interpretations of the plan, this chapter or the boundaries of the official land use district map;
NOW
THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
The action of the K. Marlene Conaway, Director of Planning and Environmental Resources,
recommending approval of the district boundary change in Land Use District Map Boundary
Interpretation Number 108, dated December 2, 2002, is hereby found to be in conformance with
the standards set forth in Section 9,5-24 (a)(2) h, of Monroe County Code; and is therefore
approved.
Section 1. The above-described property from the NW comer of Lot 16 to the end of the existing
fill pad which includes the existing single- family dwelling unit shall be designated as Suburban
Residential (SR) District, The land to the east of the single-family dwelling unit consisting of
wetlands shall remain as Native Area (NA) District.
Section 2. The above conclusion of law is predicated upon the findings of fact and conclusions of
law outlined in the staff recommendation, which this Board hereby adopts as its own.
Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this Resolution
to the Monroe County Planning Department.
Boundary Interpretation J08; Resolution
Page 2 of3
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution
to the Florida Department of Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 18th day of December, 2002.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Charles 'Sonny' McCoy
~ign~thi~ Ii):/, day of ~
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A TrEST: DANNY KOHLAGE, CLERK
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Boundary Interpretation 108; Resolution
Page 3 of3
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BOARD OF COUNTY COMMISSIONERS
OF MO~~E_ CO~TY~F ORIDA
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BY 7"
Mayor Dixie Spehar
,2002.
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