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Resolution 090-2009 RESOLUTION NO. 090 -2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY MARLIN HOLDING, INC ON PROPERTY DESCRIBED AS LOT 33, BLOCK 3, OCEAN ISLE ESTATES, KEY LARGO, RE # 00538950.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Marlin Holding, Inc 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 Marlin Holding, Inc is for Lot 33, Block 3, Ocean Isle Estates, Key Largo in Monroe County, Florida having RE# 00538950.000000. 2. The date of the ROGO application is 7/23/2004. 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 10/20/2008, 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 criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLUTION RE# 00538950.000000 04303056 Page I of 2 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Ocean Isle Estates 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 Marlin Holding, Inc, for Lot 33, 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. ~ = C) C) W 0:: a::: o LL.. Q t.&J == La.. Mayor George Neugent Mayor Pro Tern, Sylvia J. Murphy Commissioner Mario Di Gennaro Commissioner Heather Carruthers Commissioner Kim Wigington ~ ~ Yes Yes Yes .. - .... l&J -J <.:7 LA.. <to-: .. ::1:(,,)>- ....J ~ ociZ ~uo .J~u >- 0::41 ZWO :z;;jo:; <:.I: Q ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Ii .. . S E ... B~~~. 'rJoI.A4.,e.(/- Mayor George Neugent ADMINISTRATIVE RELIEF RESOLUTION RE# 00538950.000000 04303056 Page 2 of 2