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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 ~ \\1) i>\ \\ ;'-;, . \ ,';:: \(~~)';i . t.-:<'._",>, \-,;:_-:' :.':~~;~": ~,' , ", A TrEST: DANNY KOHLAGE, CLERK ~~~ Boundary Interpretation 108; Resolution Page 3 of3 yes yP'" yes yes yes BOARD OF COUNTY COMMISSIONERS OF MO~~E_ CO~TY~F ORIDA ,( .~ AU /J7. BY 7" Mayor Dixie Spehar ,2002. r--.:I ::-.t .= ." 0 <=;) - :z '--> r ~'O (") <- fT1 Or- x- 0 rt1;:x: :z: C')' - , ." 0"- e...> 0 , , ~;o:'c :::0 . C l:7 :::0 -t r- -<(")::t:: ::r fT1 - ;-f l> N CJ ~ C') 0 ::t> rr; N :::0 co 0