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Resolution 037-2009 RESOLUTION NO. 037 -2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JUDI'S HOUSE INC. ON PROPERTY DESCRIBED AS PARCEL 7, WHITE HERON ESTATES A CONDOMINIUM SUBDIVISION, SUGARLOAF KEY, RE # 00172070.000700 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD WITH CONDITIONS. WHEREAS, Judi's House Inc. 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 Judi's House Inc. is for Parcel 7, White Heron Estates A Condominium Subdivision, Sugarloaf Key in Monroe County, Florida having RE# 0172070.000700. 2. The date of the ROGO application is 6/29/2004. 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(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 7/16/2008, 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 criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. AD\1[I\ISTRATlVE RELIEF RESOLUllO!\ RE# 01 72()7().OOII7I!() OJ Id22(,S Page I of2 8. The subject property has the land use district designation of Suburban Residential (SR), is located in the White Heron Estates A Condominium Subdivision and is located in a Tier I designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Judi's House Inc., for Parcel 7, White Heron Estates A Condominium Subdivision, SugarloafKey in the form of one (I) 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 10 1.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5-122.3 of the Monroe County Code. 2. A conservation easement shall be placed on ParcelS, White Heron Estates A Condominium, Sugarloaf Key, Real Estate Number 00172070-000500 and Parcel 4, White Heron Estates A Condominium, Sugarloaf Key, Real Estate Number 00172070-000400 in favor of Monroe County. 3. The allocation award shall be taken out of the next quarterly allocation which closes on 1/ 13/2009 or in the succeeding quarterly allocation period in which administrative relief allocations are available. a . ~ w ...J C .. e,:, "'- (.J <J-:,>: &oJ . :x;u,... a:: -' ':;c a:: oa::::;, Q CD .'&::uo I.L. - -1.'&::<..> Q ! >.c<::w ::z:lLJa &oJ ::z:-'a:: -' I <u::z: - I.L. o 0 1: PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 28th day of January, 2009. Mayor George Neugent Mayor Pro Tern, Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro ~ Yes ~ ~ ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~"..~. n~,~ BY Mayor George Neugent L. KOLHAGE, CLERK AD\lINISTRATIVE RI:UEF RESOU!TlON RE# UI72117iJij(jI)70(J inIO.2~()S Pag:e 2 of2