Resolution 089-2009
RESOLUTION NO. 089 -2009
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
MARY D. NELSON, TRUSTEE (M & M ENTERPRISES
PROFIT SHARING PLAN AGR 06-01-72) ON
PROPERTY DESCRIBED AS LOT 16, BLOCK 3,
OCEAN ISLE ESTATES, KEY LARGO, RE #
00538780.000000 IN THE FORM OF ONE (1)
DWELLING UNIT ALLOCATION AWARD.
WHEREAS, Mary D. Nelson, Trustee (M & M Enterprises Profit Sharing Plan
AGR 06-01-72) submitted an application for administrative relief under Sec. 138-27 of
the Monroe County Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
1. The application for administrative relief from Mary D. Nelson, Trustee
(M & M Enterprises Profit Sharing Plan AGR 06-01-72) is for Lot 16 ,
Block 3, Ocean Isle Estates, Key Largo in Monroe County, Florida
having RE# 00538780.000000.
2. The date of the ROGO application is 10/13/2004.
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 138-27 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 138-27(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 11/17/2008, under
Section 138-27 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 RELIEF RESOLUTION
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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 Ocean Isle Estates Subdivision and is
located in a Tier 3 designated area.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Mary D. Nelson, Trustee (M & M Enterprises Profit
Sharing Plan AGR 06-01-72), for Lot 16 , Block 3, Ocean Isle Estates, 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 2010 Comprehensive Plan and as required by Section 138-27 of the Monroe
County Code.
2. The allocation award shall be taken out of the next quarterly allocation which closes
on 4/13/2009 or in the succeeding quarterly allocation period in which administrative
relief allocations are available.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 18th day of March, 2009.
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Mayor George Neugent
Mayor Pro Tern, Sylvia J. Murphy
Commissioner Mario Di Gennaro
Commissioner Heather Carruthers
Commissioner Kim Wigington
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor George Neugent
. ATTESt: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
MONROE COUNTY ATTORNEY
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