Resolution 044-2008
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RESOLUTION NO. 044-200&
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
THOMAS CARL & JUDY M. ROTHDEUTSCH ON
PROPERTY DESCRIBED AS LOT 6, BLOCK 4, PORT
PINE HEIGHTS SUBDIVISION, BIG PINE KEY, RE
#00289710.000000 IN THE FORM OF ONE (1)
DWELLING UNIT ALLOCATION AWARD.
WHEREAS, Thomas Carl & Judy M. Rothdeutsch submitted an application for
administrative relief under Sec. 9.5-122.3 of the Monroe County Land Development
Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings offact and conclusions oflaw:
I. The application for administrative relief from Thomas Carl & Judy M.
Rothdeutsch is for Lot 6, Block 4, Port Pine Heights Subdivision, Big
Pine Key in Monroe County, Florida having RE# 00289710.000000.
2. The date ofthe ROGO application is 6/23/03.
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 2010 Comprehensive
Plan.
4. Monroe County Code (MCC) Section 9.5-122.3 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 9.5-122.3(f) 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 5/3/07, under Section
9.5-122.3 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
ADMINISTRATIVE RELlEF RESOLUTIO;..J
ROTHDEl:TS('H, RE#00289710.000000
03-01-2303
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criteria includes the environmental sensitivity of the vegetative habitat
on the lot including the Tier designation.
8. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Port Pine Heights Subdivision.
9. The subject property has a Tier 1 designation because of the
environmental sensitivity and importance for the continued viability of
endangered species.
10. The Livable CommuniKeys Master Plan for Big Pine Key and No Name
Key Action Item 1.3.1 prioritizes the purchase of Tier I lands over Tier
II and Tier III in order to achieve the highest possible level of H
protection, and to ensure compliance with the Incidental Take Permit
(ITP) mitigation requirements.
II. Monroe County Comprehensive Plan Policy 101.6.1 provides that
Monroe County, the state, or other acquisition agency shall pursue land
acquisition through voluntary purchase of lands from private property
owners denied a building permit through the Permit Allocation System,
as the preferred option for administrative relief pursuant to Policy
101.6.1, if the subject permit is for development located within a
designated Tier I area.
12. Section 9.5-122.3.3(f)(1) states that an offer to purchase is the preferred
action if the property is located in a designated Tier I area or Tier II on
Big Pine or No Name Keys.
13. This particular lot is scarified although it is in Tier 1.
14. It is surrounded by developed lots.
IS. There are enough RaGa allocations designated for use for Tier I
properties on Big PinelNo Name Keys to award a RaGa allocation to
this property.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Thomas Carl & Judy M. Rothdeutsch, for Lot 6, Block
4, Port Pine Heights Subdivision, Big Pine Key in the form of one (I) 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 9.5-122.3 of the Monroe
County Code.
2. The allocation award shall be taken out of the next quarterly allocation which closes
on January 14, 2008 or in the succeeding quarterl'y allocation period in which
administrative relief allocations are available.
ADMINISTRATIVE RELIEF RESOLt:TION
ROTHDEUTSCH, RE#00289710.000UOO
03-01.2303
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3. This allocation is subject to the current Interim Development Ordinance concerning
allocations on Big Pinel No Name Keys and any possible mitigation required by any
public agency, including Monroe County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 20th day of February, 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern, Mario Di Gennaro
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia J. Murphy
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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DEPUTY LERK
BY
Mayor Charle "Sonny" McCoy
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ADM]~ISTRATIVE RELIEF RESOLUTION
ROTH DEUTSCH. RE#002897 10.000000
03.01-2303
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