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Resolution 492-2007 RESOLUTION NQfl92-2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY BELEN BABUN PRESAS TRUSTEE (BELEN BABUN REV LIV TR 3/26/03) ON PROPERTY DESCRIBED AS LOT 14, BLOCK 14, KEY LARGO OCEAN SHORES ADDITION SUBDIVISION, KEY LARGO, RE # 00500800.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03) submitted an application for administrative relief under Sec. 9.5-122(1) of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions oflaw: I. The application for administrative relief from Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03) is for Lot 14, Block 14, Key Largo Ocean Shores Addition Subdivision, Key Largo in Monroe County, Florida having RE# 00500800.000000. 2. The date of the ROGO application is 4/1 0/2003. 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 10 1.6.1 of the Monroe County Year 2010 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 7/2/2007, 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 Key Largo Ocean Shores Addition Subdivision 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. ADMINISTRATIVE RELIEF RESOLUTION PRESAS, RE# 00500800.000000 03.3-0814 Page I of2 11. 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. 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 Belen Babun Presas Trustee (Belen Babun Rev Liv Tr 3/26/03), for Key Largo Ocean Shores Addition Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: I. 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 2010 Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code. 2. The allocation is subject to the representations made by the applicants 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. 0 "'" c::. N (,: -' C) 8 L~ --' - C.-:-' .- l'" - " ;.) \--- c~:~ :x "" 0.. :::::J c::: ...:J" u c~ C _...-1 U L. , :<1 I c~ u ::":-J~ Lt' LLJ ~_: U a:: C _J r- <.1; Z = Cl C> Le- e::> ::E ..... (SEAL) Mayor McCoy Mayor Pro Tem,DiGennaro Commissioner George Neugent Commissioner Spehar Commissioner Sylvia J. Murphy Yes Yes ~ ~ Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ~\1\ Mayor \ '" ATTEST: DANNY L. KOLHAGE, CLERK O--~Q...\~~~ DEPUTY CLERK COUNTY ATTORNEY ED~eoAII "/-- ~ - ADMINISTRATIVE RELIEF RESOLUTION PRESAS. RE# 00500800"000000 03-3-0814 Page 2 of2