HomeMy WebLinkAboutResolution 487-2007
RESOLUTION NO.4 97 -2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY BAYVIEW
DEVELOPMENT LLC ON PROPERTY DESCRIBED AS LOT
535 & 1/41 INTERNAL PRIVATE ROAD, PORT LARGO 5TH
ADDITION, KEY LARGO, RE # 00453475.015100 IN THE
FORM OF ONE (1) DWELLING UNIT ALLOCATION
AWARD.
WHEREAS, Bayview Development LLC submitted an application for administrative
relief under Sec. 9.5-122(f) of the Monroe County Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the f01l0wing
findings of fact and conclusions oflaw:
I. The application for administrative relief from Bayview Development LLC is
for Lot 535 & 1/41 internal private road, Port Largo 5th Addition, Key Largo
in Monroe County, Florida having RE# 00453475.015100.
2. The date of the ROGO application is 10/14/2003.
3. The ROGO a1l0cation 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(f) provides a mechanism
whereby an applicant who has not received an a1l0cation 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(f)(6) and may grant the applicant
a building a1l0cation, 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 11/14/2006, under Section
9.5-122.2(f) of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan.
7. Policy 101.6.5 ofthe 20 I 0 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 Port Largo 5th Addition and is not
environmenta1ly sensitive.
9. Board of County Commissioners Resolution #223-2004 directs staff to identify
sma1l 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 sma1l parcels with
indigenous hammock and pinelands.
ADMINISTRATIVE RELIEF RESOLUTION
SA YVIEW DEVELOPMENT, RE# 00453475.0151 00
03-3-1273
Page 1 of2
12. The new Tier System criteria does not effect the Administrative Relief
recommendation.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Bayview Development LLC, for Lot 535 & 1/41 internal
private road, Port Largo 5th Addition, Key Largo in the form of one (1) dwelling unit allocation,
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(t) of the Monroe County Code.
2. The allocation is subject to the representations made by the applicant made on the Building
Permit and ROGO applications.
3. The allocation award shall be taken out of the next quarterly allocation which closes on
January 15,2008 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 ~ day of November. 2007.
Mayor McCoy
Mayor Pro Tern, DiGennaro
Commissioner George Neugent
Commissioner Spehar
Commissioner Sylvia J. Murphy
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Yes
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Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
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ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
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AOMfNlSTRA TIVE RELIEF RESOLUTION
BAYVIEW DEVELOPMENT, RE# 00453475.015100
03-3-1273
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