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Resolution 286-2009 RESOLUTION NO. 286 -2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY DEAN PARKINSON ON PROPERTY DESCRIBED AS LOT 31, BLOCK 2, HARRIS OCEAN PARK ESTATES, KEY LARGO, RE # 00447450.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Dean Parkinson 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 followiuLg findings of fact and conclusions of law: 1. The application for administrative relief from Dean Parkinson is for Lot 31, Block 2, Harris Ocean Park Estates, Key Largo in Monroe County, Florida having RE# 00447450.000000. 2. The date of the RaGa application is 9/7/2004. 3. The RaGa allocation application has been in the RaGa 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(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 4/13/2009, 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# 004474.50.000000 04303578 Page 1 of2 0 In 0::: 0 .. U 0'\ lLJ z: a::: cr 0:: 0'\ 0 ~ , ..... 0 ~ W -.J g lL. ~ 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Harris Ocean Park Estates and is located in a Tier 3 designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY (~OMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Dean Parkinson, for Lot 31, Block 2, Harris Ocean Park Estates, Key Largo in the form of one (1) dwelling unit allocation, subject to the followinlg 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 COUllty Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on 10/12/2009 or in the succeeding quarterly allocation period in which administrative relief allocations are available. 3. This Resolution shall be of no force and effect if the Planning Commission approves the rankings for the last quarter on September 2, 2009, such that a market rate allocation is available to the applicant for the subject property after the appeal period from. such ranking. I) ASSED AND ADOPTED by the Board of County Commissioners of Monroe C:ounty, Florida at a regular meeting held on the 16th day of September, 2009. W _J <..:1 LL <r J-=..." : == (..) C~ st~ ----.t >c~ (.,.} Mayor George Neugent Mayor pro tern, Sylvia J. Murphy Commissioner Mario Di Gennaro Commissioner Heather Carruthers Commissioner Kim Wigington Yes Yes Not Present ~ Yes ~~j~ ...u- (...) Z -< C) Cl ~-. ..... BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /J.""..~~ n~,~ BY Mayor George Neugent (SEAL) AlTTEST: DANNY L. KOLHAGE, CLERK a I)EPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION RE# 00447<-1.50.000000 04303578 Page 2 of2