Resolution 140-2008
RESOLUTION NOJ40-2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY ANTERO &
CARMEN DE LA OSA ON PROPERTY DESCRIBED AS LOT
398, PORT LARGO 5TH ADD. SUBDIVISION, KEY
LARGO, RE # 00453475.001400 IN THE FORM OF ONE (1)
DWELLING UNIT ALLOCATION AWARD.
WHEREAS, Antero & Carmen De La Osa 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 of fact and conclusions oflaw:
I. The application for administrative relief from Antero & Carmen De La Osa is
for Lot 398, Port Largo 5th Add. Subdivision, Key Largo in Monroe
County, Florida having RE# 00453475.001400.
2. The date of the ROGO application is 2/12/2004.
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(t) 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 3/26/2007, 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 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 and the
applicable Tier designation.
8. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Port Largo 5th Add. Subdivision and is
located in a Tier 3 designated area.
ADMINISTRATIVE RELIEF REsOLUTION
RE# 00453475.001400
03300821
Pag~ 1 of2
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Antero & Carmen De La Osa, for Lot 398, Port Largo 5th
Add. Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the
following conditions:
1. Th,~ 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 7/14/2008 or in the succeeding quarterly allocation period in which administrative
relief allocations are available.
PASSED AND ADOPTED by the Board of County Conunissioners of Monroe County,
Florida at a regular meeting held on theZlst day of Mav.2008.
Mayor 'Mario: DiGennaro
Mayor Pro Tern, Charles "Sonny" McCoy
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia J. Murphy
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
Mayor Mario DiGennaro
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MONROE COUNTY ATTORNEY
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ADMINISTRATIVE RELIEF RESOLUTION
RE# 00453475.001400
03300821
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