HomeMy WebLinkAboutQ. Public Hearings
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: County Attorney
Bulk Item: Yes
No --2L
StafIContact Person: Suzanne Hutton #3473
AGENDA ITEM WORDING:
A public hearing to consider adoption of an ordinance requiring that notice be given to patients that
Trauma Star is an option for inter-facility & trauma Scene air ambulance.
ITEM BACKGROUND:
Incident in which Trauma Star was not called even after the air ambulance company with which hospital
has contract to provide first right to provide service declined to send helicopter but was going to send a
Lear jet until patient's grandfather, Commissioner Mario Di Gennaro, insisted that Trauma Star be
called to ascertain availability.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 030-2008 created two MSTU's for ability to levy ad valorem tax in the Upper Keys & the
remainder of Monroe County. Due to the lack of participation by municipalities and KLFREMSD, the
taxes were not levied. Adoption of Resolution 152-2009 providing for waivers of out-of-pocket costs
of Trauma Star in excess of third party payments.
2/17/10 BOCC approved Public Hearing for 3 :00 P.M. for March 17, 2010 in Marathon, FL
CONTRACT/AGREEMENT CHANGES:
The following changes were made to the draft ordinance since originally presented to the BOCC for
approval to advertise on 3/17/10: Additional Whereas clauses referring to the Florida Patient's Bill of
Rights and the Federal Emergency Medical Transportation and Active Labor Act, plus provisions in the
text of the regulation that it supplements and does not supplant those two laws.
STAFF RECOMMENDATIONS:
No recommendation.
TOTAL COST: N/ A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included XX
Not Required_
DISPOSITION:
AGENDA ITEM #
Commissioner DiGennaro
ORDINANCE
-2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, REQUIRING THAT PATIENTS REQUIRING
EMERGENCY AIR TRANSPORT SHALL BE GIVEN NOTICE OF THE
AVAILABILITY OF TRAUMA STAR; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Monroe County Sheriff's Office operates Trauma Star, an air ambulance
service for critically ill and injured victims to be transported rapidly to health care facilities in
Miami; and
WHEREAS, Trauma Star is regulated by Division 64J, Florida Administrative Code; and
WHEREAS, the courts have opined that a county can provide a method to subsidize
emergency medical services; and
WHEREAS, Section 395.1041, Florida Statutes, requires that hospitals providing
emergency services arrange for transfer to another hospital in certain circumstances; and
WHEREAS, due to the critical nature of a patient's condition and the distance to a
hospital with appropriate medical facilities, it is often necessary to arrange air ambulance
transport; and
WHEREAS, the Florida Patient's Bill of Rights and Responsibilities (FPBRR)
requires the patient to be provided information concerning risks and benefits of treatment and the
provides for the right of the patient to refuse; and;
WHEREAS, FPBRR requires the provision of information regarding costs; and
WHEREAS, the federal Emergency Medical Treatment and Active Labor Act
(EMTALA) allows the patient, upon provision of information by the sending hospital regarding
risks and benefits of treatment, to refuse, 42 USC 1395dd(b )(2); and
WHEREAS, EMTALA also allows the patient, upon provision of information by the
sending hospital regarding risks and benefits of transfer, the right to refuse, 42 USC
1395dd(b)(3); and
WHEREAS, entities such as the Joint Commission that accredit hospitals, although such
accreditation is not required for Florida licensure, include in performance elements for transfers
descriptions such as: "The hospital informs the patient or the patient's family of his or her
freedom to choose among participating Medicare providers and, when possible, respects the
Notice to Patients re Trauma Star
1
patient's and family's preferences when they are expressed. The hospital does not limit the
qualified providers that are available to the patient." PC.04.01.01-22; and
WHEREAS, the Board of County Commissioners (BOCC) adopted Resolution No. 152-
2009, providing that waivers of out-of-pocket expenses in excess of insurance and other third
party payments may be waived for Monroe County residents transported by Trauma Star; and
WHEREAS, the BOCC finds it in the best interest of the residents of Monroe County to
be made aware that options for emergency air transport include Trauma Star; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY THAT:
Section 1. Section 11-179, Monroe County Code shall be created to read:
11-179. Notice of Availability of Trauma Star.
A patient for whom a medical decision has been made -to transfer to another facility by air
ambulance due to Medical Necessity, or a person who is legally responsible for the patient and
acting on the patient's behalf. shall be informed by the health care facility or the responsible
health care provider that Trauma Star provides a rapid-transport air ambulance for which
qualifying Monroe County residents may have waived those out-of-pocket expenses in excess of
insurance and other third party payments for qualified patients as set forth in Monroe County
Resolution 152-2009. The notice is additional to the responsibilities of health care facilities and
health care providers under the Florida Patient's Bill of Rights and Responsibilities (FPBRR) and
the federal Emergency Medical Treatment and Active Labor Act (EMTALA). Nothing in this
ordinance requires a health care provider or health care facility to violate either the State or
federal law regarding appropriate transfers.
Section 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as
whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property or circumstances, such
holding shall not affect its applicability to any other person, property or circumstances.
Section 3. REPEAL OF CONFLICTING PROVISIONS. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
Section 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance
shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
as an addition or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the code.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in section 125.66(2), Florida Statutes.
Notice to Patients re Trauma Star
2
PASSED AND ADOPfED by the Board of County Commissioners of MOlioe County, Florida,
at a regular meeting of said Board held on the day of , 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Notice to Patients re Trauma Star
3
IERSION B
RESOLUTION NO.
l5i 2 2009
RESOLUTION OF THE BOARD OF COm4TY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ADOBTING A FEE WAIVER
POLICY AND PROCESS FOR TRAUMA STAR BILLING FOR
TRAUMA SCENE AND CRITICAL CARE INTERFACILITY
FLIGHTS.
WHEREAS, Monroe County provides a rapid-transport air ambulance to provide air
transportation of trauma, critically injured and ill patients, hereafter called "Trauma Star"; and
WHEREAS, Trauma Star provides air transportation from emergency scenes in Monroe
County to specialized hospitals and treatment centers out-of-county, and Trauma Star also
provides air transportation from remote areas such as Fort Jefferson to Monroe County hospitals,
hereinafter called "trauma scene flights"; and
WHEREAS, Trauma Star provides air transportation from Monroe County hospitals to
specialized hospitals and treatment centers out-of-county upon physician authorization,
hereinafter called "critical care interfacility flights"; and
WHEREAS, the annual cost of operation of Trauma Star has been approximately
$1,800,000 per year in excess of revenues collected from third party insurance through the
billing of user service fees; and
WHEREAS, a referendum on November 4,2008 for the establishment of two special
taxing districts for the operation of Trauma Star passed with 54.5 percent of the vote; and
WHEREAS, the Board of County Commissioners has determined that it is in the best
interests of its residents to support trauma scene flights and critical care interfacility flights for
qualifying residents via a fee waiver program; and
WHEREAS, the Board of County Commissioners have found that residents support the
Trauma Star program through the payment of ad valorem property taxes; and
WHEREAS, nonresidents of the County make frequent use of the Trauma Star program
but do not directly pay any portion of the expenses through the County's real property taxes to
pay for Trauma Star, including maintenance, operating costs, and the salaries of employees
required to provide the Trauma Star program; and
WHEREAS, the Board of County Commissioners has opted to establish a policy and set
certain restrictions on billing for Trauma Star, particularly with respect to the potential for
service fee waivers; now, therefore
VERSION B
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA THAT:
Section 1. The following policy is hereby established with respect to Trauma Star.
A The County will continue to seek reimbursement from third-party payers, including
but not limited to liability insurance, automobile insurance, health care insurance,
Medicare, and Medicaid, to offset a portion of Trauma Star's operational costs.
B. For qualifying individuals, the County Commission will eventually write off any and
all balances remaining after receipt of third party payments, even in cases when the
qualifying individual does not have any third party insurance.
C. The waiver of out-of-pocket expenses is made effective retroactive to November 4,
2008, the date of passage of the voter referendum.
D. Write-offs of out-of-pocket expenses will be completed by annual resolution of the
Board of County Commissioners.
,
Section 2. Administrative Waiver Oualification. To be eligible for a waiver of service fees,
the qualifYing individual and the air ambulance transport must meet all of the following criteria:
A. The waiver includes the cost of trauma scene flights and critical care interfacility
flights_
B. The patient must be a qualifYing resident as defined in Section 3 below.
C. The individual transported must not have been injured while involved in the
commission of felony criminal activity.
Section 3. Resident Oualification. The waiver process requires qualification as a resident and
submission of documentation by the person seeking the waiver:
A. A qualifying individual is a resident who defined as either of the following:
1. Any property owner, or immediate member of his or her household, who
is current in paying property taxes in Monroe County, including the Trauma Star
tax. For the purposes of this paragraph, the term "property tax" includes the tax
on real and personal property authorized by Monroe County Ordinance 030-2008.
For the purposes of this paragraph,. The term "immediate member of his or her
household" means (a) residing at the same address as the property owner, and
(b) son, daughter, father, mother, brother, sister, mother-in-law, father-in-law,
uncle, aunt, nephew, niece, brother-in-law, sister-in-law, stepfather, stepmother,
stepdaughter, stepson, half brother, half sister, grandchild, or domestic partner.
2. A resident of Monroe Couonty, or immediate member of his or her
household, who rents property subject to the Trauma Star tax. For the purpose of
this paragraph, the term "immediate member of his or her household" means
(a) residing at the same address as the property owner, and (b) son, daughter,
father, mother, brother, sister, mother-in-law, father-in-law, uncle, aunt, nephew,
niece, brother-in-law, sister-in-law, stepfather, stepmother, stepdaughter, stepson,
half brother, half sister, grandchild, or domestic partner.
VERSION B
Section 4.
A.
Section 5.
B.
A non-qualifying individual is any individual who does not contribute towards the
financing of the Trauma Star service, such ~s visitors and part-time or seasonal
residents, and all others who do not meet ~e criteria in section 3.A.
The billing company will continue to proc~ss billing as in current practice, but
will provide a waiver request form in the billing package. To be considered for
the write-off or waiver of out-of-pocket expenses, the patient is required to show
documentation to prove that the property oWner has paid all applicable property
taxes, including any Trauma Star tax beginhing on November 1, 2009, and that
the qualifying individual meets the other rl;1quirements as set forth in Section 3.A.,
above. The qualifying individual must submit proof of qualification to the billing
company for review and validation. Documents to substantiate qualification must
include a copy of the property tax bill showing that all taxes, including the
Trauma Star tax, have been paid and are current. In addition, to qualify under
Section 3 .A.I., an individual must provide a copy of a current Monroe County
driver's license showing residency at the address held by the property owner. To
qualify under Section 3.A.2, an individual must provide a copy of a long-term
lease and/or utility bills at the address held by the property owner.
Residents who have met the waiver requirements, as documented by the billing
company, will not be invoiced during the time that the billing company continues
to seek third party payments and while pending the BOCC approval of the write-
off.
C.
D.
B.
Other Providers Excluded.
The fee waiver program is not applicable to any other transport provided by any
other helicopter provider, even in the event Trauma Star is out of service or
unavailable.
The County does not subsidize the operations of other providers, and the County
is not responsible for any fees incurred by residents from other providers'
servIces.
The Clerk is directed to send a copy of this Resolution to the Monroe County
Sheriff.
VERSION B
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 20th day of May, 2009.
Mayor George Neugent ~
Mayor Pro Tem Sylvia Murphy ~
Commissioner Heather Carruthers~
ommissioner Mario Di Gennaro ~
mmissioner Kim Wigington ~
:. KOLHAGE, CLERK
i.
BOARD OF COUNTY COMMISSIONERS
OF M?rROE COUNTY, FLORIDA
BY:p..n'1f-~" nol.4'~
Mayor
c '" ,
a::: ~ w
0 .. c,:, 1.....
- <t t-: .,.,..:
U -
l&J ::I: :c:c.;;~
0:: c:r: c5 c~ ~~:
0::: en x::GC;
0 -.i )c Ll
l.L N
>- >- cc Lw
C ;! ~ Lu c:>
J.:..-1r..t:
LLJ :z: u ---.
--' I <t: ~J::.
c.'
L: o ::i::
ORDINANCE NO. M.l! - 2008
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CREATING A NEW ARTICLE IN THE
EMERGENCY AND NONEMERGENCY MEDICAL SERVICES
CHAPTER OF THE COUNTY CODE WITH lWO NEW SECTIONS,
PROVlIJING FOR THE ESTABLISHMENT OF TWO MUNICIPAL
SERVICE TAXING UNITS FOR THE PURPOSES OF PROVIDING
EMERGENCY AIR TRANSPORT; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Monroe County Sheriff obtained a helicopter with the use of forfeiture
funds in 2002 and operated an air ambulance service for trauma victims to be transported rapidly
to trauma care facillties in Miami, savll1g hundreds of lives; and
WHEREAS, the Board of County Commissioners aI1I1ropriated funds to I1urchase a
replacement helicopter when the original helicopter became so old that maintenance and
replacement parts became cost~prohibitive; and
WHEREAS, the annual costs of operation of TraumaStar, the Sheriffs rapid-transport
air ambulance, has been approximately $1,800,000 per year in excess of revenues collected from
user services fees; and
WHEREAS, State legislature in 2007 and 2008, has limited the collection of ad valorem
taxes by local governments, except by super-majority or unanimous vote by the governing board
or by approval through referendum by the taxpayers; and
WHEREAS, it has been estimated that the amount necessary to supplement the
TraumaStar service revenues to keep it operational for trauma scenes throughout the Florida
Keys can be met by less than a .15 mill tax; and;
WHEREAS, a running order by the Monroe County Fire Chief designates Mile Marker
95 as the point above which air ambulance service from Miami-Dade County is requested for
trauma scenes, and below which Trarnna Star is required for trauma scenes due to the time
necessary for the respective air ambulance to reach the scene; and
WHEREAS, it is equitable to assess a lower milllage in the area above Mile Marker 95
because TraumaStar acts as a secondary provider for trauma scenes in that area and a higher
millag(~ in the area below Mile Marker 95 where it acls as primary provider; and
WHEREAS~ the impact of the maximum levy of the proposed surtax on a property with
an ass(lSsable value of S350,000 would be $52.50 per year below Miler Marker 95 and $26.25
per year above Mile Marker 95; and
WHEREAS, a majority vote by the electors on November 4, 2008 supported the
establishment of two taxing areas the North area to be limited to 7-1/2 cents tax per thousand of
Ordinance II 030 - 2008
Creating MSTU's TraumaStar
Page 1 of3 Pages
taxable valUl~ of real property and the remainder of the Florida Keys to be limited to no more
than 15 cent!. tax per thousand of taxable value of real property; and
wm~REAS, s. 125.01(1)(q), F.S., requires a municipality to consent by ordinance either
annually or for a term of years for the boundaries of the Municipal Service Taxing Unit to
include the boundaries of the municipality, and s. 171.203, F .S. requires an interlocal agreement
to be entered between the County and an independent special district for a municipal service
taxing unit of the County to provide services overlapping those of the special district, providing
the municipalities and the Key Largo Fire Rescue and Emergency Medical Services District the
rights to opt in to the taxing units authoriz;ed by this ordinance; now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS FOR MONROE
COUNTY, FLORIDA that:
SECTION ll. Creation of Article. There shall be created in the Monroe County Code Chapter
on Emergency and Nonemergency Medical Services a new article for Emergency Air Transport
Service Taxing Units.
See. 2. Taxing units created.
(a) Pursuant to the provision of F.S. S 125.01(l)(q), there are hereby created two municipal
service taxing units to be known as the Northern County Emergency Air Transport Municipal
Service Taxing Unit and the Central-Southern County Emergency Air Transport Municipal
Service Taxing Unit. The Northern County Emergency Air Transport Municipal Service Taxing
Unit shall encompass that portion of the Florida Keys north of Mile Marker 95. The Central-
Southern County Emergency Air Transport Municipal Service Taxing Unit shall encompass Mile
Marker 95 and that portion of the Florida Keys south of Miler Marker 95.
(b) The Board is hereby authorized, in the manner and under the authority provided by F.S. ~
125.022(1Xq), to levy and collect ad valorem taxes at a millage rate not greater than .075 mil
upon taxable real and personal property within the Northern County Emergency Air Transport
Municipal Service Taxing Unit, commencing with the County fiscal year beginning October 1.
2009. The imposition of ad valorem taxes, as authorized herein, shall cease after ten (10)
consecutive fiscal years and the Northern County Emergency Air Transport Municipal Service
Taxing Unit shall terminate on September 30, 2019.
(c) Revenue derived from ad valorem taxes levied in the Northern County Emergency Air
Transport Municipal Service Taxing Unit shall be used solely for the costs associated with and
incurred in providing within and benefiting the Northern County Emergency Air Transport
Municipal Service Taxing Unit. The Board shall adopt a budget for the Northern County
Emergency Air Transport Municipal Service Taxing Unit for the County fiscal year beginning
October 1, 2009 and each fiscal year thereafter, at the same time and in the same manner as the
County budget.
(d) The Board is hereby authorized, in the manner and under the authority provided by F. S. S
125.01 (1)( q), to levy and collect ad valorem taxes at a millage rate not greater than .15 mil upon
taxable real and personal property within the Central-Southern County Emergency Air Transport
Municipal Service Taxing Unit, commencing with the County fiscal year beginning October 1,
2009. The imposition of ad valorem taxes, as authorized herein, shall cease after ten (10)
Ordinance # 030 - 2008
creating MSTU's TraumaStar
Page 2 of 3 Pages
consecutive fiscal years and the Central-Southern County Emergency Air Transport Municipal
Service Taxing Unit shall tenninate on September 30,2019.
(e) Revenu~l derived from ad valorem taxes levied in the Central-Southern County Emergency
Air Transport Municipal Service Taxing Unit shall be used solely for the costs associated with
and incurred in providing within and benefiting the Central-Southern County Emergency Air
Transport Municipal Service Taxing Unit. The Board shall adopt a budget for the Central
Southern County Emergency Air Transport Municipal Service Taxing Unit for the County fiscal
year beginning October I, 2009 and each fiscal year thereafter, at the same time and in the same
manner as the County budget. '
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereot: other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstancl~s,
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances ill conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto. and shall be appropriately renumbered to
confonn to the uniform numbering system of the code.
SECTION:5. EFFECTIVE DATE. This Ordinance shall take effect on December 31. 2008,
provided that this Ordinance shall be filed with the Department of State as provided in section
125.66(2). Florida Statutes.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
, _;'n. '.:.-. ."Commissioner Kim Wigington
, :. :;:.. ~/;'~:~~missioner Heather Carruthers
',: i ,;: ':2:J':i1"&QiDmissioner Mario Dj Gennaro
\"" L~'i~i~~ - .<,;.c. L. KOLHAGE, Clerk
>'\0. ~~ .
'%", ' . L9.LJ ~
PASSED AND ADOPTED by the Board ofeounty Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 8th day of December, 2008. 3: ~
Doc:::)
...,., :;p. CQ
~ ~ c
~Jn~ rr1
~r :;: ("")
.'.
~--:J . ~
'.:V:"', ' N
'.:>1
Yes
Yes
Yes
Yes
,
'1
c,~
..~
h1.
, -:J
,;
::J;:!s ..../
~t'L.):L :i: ,'"l
... :.-J
:,;~ :-t ~~: W C-J
r....... :.~. _ ;:"+:
BOARD OF COUNTY CO:MMISSIOMRS""
OF ~~?E COUNTY, FLORID.A
.t~'1 . 111.." -+
-.By J t? .-7' -~.(~ 1f;,;.4---\1
"c :;';..-' yor/Chairpeno
Yes
Ordinance # 030 - 2008
Creating MSTIT's TraumaStar
Page 3 of 3 Pages
no._ """ On& DeIIr~ /Il!ot. ff7ll
Cooke Communications, LI..C
Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI33041
Office ....3056292-7777
Extension. .......x219
Fax.. . .. ..305-295-8025
leaals@kevsnews.com
INTERNET PUBUSHING
koyw...tcom
k.eysOCNI3.com
Ilonda""~4.com
key-westeom
woo DoolGn Sarvltlls
NEWSPAPERS
The Cltiz6l'l
Southernmost 5Oly9f
SOI.~$ HW
Blg Pine Froo Pm..
Marathon Froo ProtlG
Islam<lNlda F_ PfOtlS
Key U1f11O FfCIG P1I'lGS
Ocean Reo! pmGS
5""PO'11.og
MAGAZINE
TheMsnu
Homo Gutdc
C~l%on LOCIIi's Guide
Paradiso
Keys 1V Ctwlnol Gu,dl.
MARKeTING SERVICES
Common;,,1 Pnnling
C~i1;on LQCaIa Ca<<l
Oi/oel Mall
FLORiDA KEYS OFFICES
Prtntlng I Main FIK:IlIty
34:ro NorthBido Onve
Key ~t. 50L
33O<1o-Hloo
T$I 3Ofr2'iI2.7777
Fox 3(}5..294.Q766
crti2~koy.l'...tcom
IntGmot DIVision
1201 'M1i1e Slroet (Suito 1031
K"Y West. FL
3304D-ro28
Tel 3Q5..292-lIl00
Fax 3Q5..21l.4.1699
.el...@keywOSt.com
MIddle Koys Offico
6363 Ovenus Hwy
Marotl1on, fL (MM 52.:;)
33OSQ.3342
Tol 30S-743-ll76B
FIlX 30S-743-9\lrr
navIQalor@flOMakOY'.';om
Upper Keys OffIce
81549 Old Hwy
PO Il<>x 489
Islamora<io, FL {MMS1. S}
330_9
Tel 3lJ,5.664.22ee
fox 3Q.S.004-8411
trvoprva.@f1oridokoY".dlm
Ocean Reef OffIce
3A BsmJCUOO L_
Key l8/1lO. ft. 33037
Tol 305-3674911
Fax 305-367.2191
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned. authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key Wes4 in Monroe County,
Florida;
that the attached copy of advertisement, being a legal notice in the matter of
7J;:t~Jb ~~ f3(/V2 ~
was published in said newspaper in the issue(s) of
J1~ ;1-Lf/~g
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Momoe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding the
first publication of the attached copy of advertisement; and affiant further says
that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said new~ ~
Signature of Affiant
Sworn and subscribed before me this;2...Y day of "p ~~A.....2008
Notary Public:
Marsha F. Kirkwood
~~-~~~
Expires: September 15,2009
Notary Seal
~~~~,,: '.~ ~ ~:, .; ~., ,'. ':~""~~::f/"""lz~f
,~..~ ~~ ',... '. r ~ I . ~. r,~ ~ ~2t.d2
'if~1 0( . '". -;', .~"'" ,5.2C....jj
..:. :. i! ": ~,' .' ')11 ~
,,: '. t
j I :. . ' .".q '. ~ I ~ to c,. S" .' ',~"~ ~.'. . .:..~'~,:t~:~j:~~~.~....:~~-.~'~_;l.I>..i
Personally Known x Produced Identification
Type ofIdentification Produced
0" -\
U'? .J ~-
~. ~ '....; ':'
I.._~ .
~ :
1.
......
1.0
, ..' I
t. c..:>
Ii.~. ~
~ : a::>
..0 ~
./
n.._1C"t"I OnlY DAtilf ""-'" fin
Cooke Communications, LLC
Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI33041
Office... .30S-292-n77
Extension......, .x219
Fax...... .305-295-8025
leaQI$Cil!k$ysnows.com
INTeRNET PUBLISHING
keyw6lllcom
kOl'$llew~.com
floridakays COOl
key-woalOOOl
Web Design Services
NEWSPAPERS
l11G CIUzon
Southem"""'l Flyer
SoIllI"8s fill
Big Pine Froo PrBSO
Marathon Froo Prll..
Islamoroda Free Pross
K"I' l"'Vo Froe Pm"
Ocean Reef Press
Supan log
MAGAZINE
T11e Monu
Home Gu1~e
Crt;."" LocaI's Guido
P;jjl(ad~SB
Koys 1V Channel Guld..
MARKETING SERVICES
COrnmer<:1ai Prinliog
elll"", Local. Card
O~ocl Mall
FLORIDA KEYS OFFICES
Printll1g I Main Faclllty
3420 North~\dI> Dri\ie
Key West. Fl
33040-'600
Tel 305-292-7777
FllX 305-29<l.o7611
c4~.n@k1,lj'W...l com
Internet OMs Ion
1201 Wlule5troet{Suil.t 10S)
Koy WO&l, FL
33!J.0W-3S28
Tel 30$0292-1$80
Fax 305-294-169S
u~.\IYI6S1 com
Middle Keys Offh:u
6363 Overs.e. Hwy
Marathon. Fl. (Mill 52 ~i)
3305()-3342
Tel 305.743-&766
F... 305.743-9977
ruwigat<'lr@lloridak"Y"<:om
Upper Kay. Office
81549 Old Hwy
POllox ol69
Islemorllda. FL (MMal);)
3S03ti-04Sg
Tel 305-664-2266
Fax 305-664-8411
rroopros.tgflOr.d""O}'$.IXlfT\
Oellan Rllllf Office
3ABiIIi'Il~Uir'lG
KGy Ltlt9O. FL 33037
Tel 305-367-4911
Fad05-OO7 -2191
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida;
that the attached copy of advertisement, being a legal notice in the matter of
1f;;i:~~lr~~/~
was published in said newspaper in the issue(s) of
7l;J1r-lP~ ;23,/ ;;LtJ~cf
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day? and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida., for a period of 1 year next preceding the
first publication of the attached copy of advertisement; and affiant further says
that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newsp er
Sworn and subscribed before me this:L 9" day or,p~ , 2008
Notary Public:
Marsha F. Kirkwood
t?/~~. ~
Expires: September 15,2009
."
Notary Seal
...~~. i~ _" ~:: . ~c.:' ~j_". , "r.,
~ " ....~.>\:~~~:~~
I"". I'~l' ~ 2C:'J3t.
'~'"f ;~'.' : ::~',<~' ~) l
(;. "'.: ',' ~:. ,<. ,.,. c.. "J Assn. r
...... ..,II.,';.,.-.,....1..-.c..'~.,',f~'...-"lf."'""'~4~
Personally Known x Produced Identifipation
Type of Identification Produced
"
. I .~...".
~'~~
~," "
c'
C"
I~ (_
l.!."
c.::
~~
co
l.f)
~
::c
d.
""I
I."::'~
. ..
... -.
~~3~
", -.Ie
-~: w c:;:
;;:. %
c:::. c:>
CJ :z::
Lf')
I
U
LL...I
C
~
G::>
c:::>
~
t:......
.(),-",.
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
Kn WEST, FLORIDA 3:'1040
TEL (:'105) 294-,1641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
:11170VERSFAS H1CHW,~Y
M,\RATHtlN, FLORIDA 3:1050
TEL. (305) 189-6027
FAx (:'105) 289-17015
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW,.\Y
PLANTATION KEY, FLORlDA 33070
nL, (305) 852-7145
FAX {305) 852-7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDrNG
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
December 12, 2008
Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
Dear Ms. Jefferson,
Attached hereto is a certified copy of Ordinance No. 030-2008 creating a new article in
the Emergency and Non-Emergency Medical Services chapter of the County Code with two new
sections, Providing for the establishment of two Municipal Service Taxing Units for the purposes
of providing emergency air transport; Providing for the repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County Code of Ordinances; and
providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Special Meeting, held in formal session, on December 8, 2008. Please file for record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D. C.
cc: BOCC
Sheriff
Finance
County Attorney
County Administrator
oi'.....y~ BEVERLY TRAEGER
',. ~;{f MY COMMISSION If r 1.'c.2 I 'I
''''';.,,)'' EXPIRES: Apr l' '.iE'
1"17) 31ltMl~ Flotidoo Not.)' 5."00,<<\' .
FLORIDA KEYS
'f~r:\,~<. ,...,. :;'2_.,;;~),,',
_~':\~~__:~; :~_f I ?,-':,.,J''.>~:',:1 , '_~'_
Published Twice Weekly
Marathon, Monroe County, Florida
PRQOF OF PUBLICATION
STATE OF FLORIDA
COUNTY QF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he Is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published In said newspaper in the issues
of: (date(s) of publication)
L{\tN(t1y\ ~~ !J & ( ~OO~
\
Affiant further says that the said FLORIDA
KEYS KEYNOTER Is a newspaper published
at Marathon, In said Monroe County,
Florida, and that the said newspaper has
heretoJore been continuously pUblished In
said Monroe County, FlorldaJ twice each
week (on WedneSday and Saturday) and
has been entered as a second class mall
matter at the post office In Marathon, In
Monroe County, Florida, for a perIod of
one year next preceding the first
publicatIon of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount
rebate, commission or refund for the
purpose 'of securing this advertisement for
publtcatlon in the said newspaper(s) and
that The Florida Kevs Kevnoter is 111 fult
compliance with Chapter 50 of the Florida
State Statutes on Ler;lal and Official
Advertisements.
"1
Sworn to a su9licribed before me
thls~ of :.)J/lIC1J1#eA./ ,2008
(SEAL)
~~
Notary
~
~ . 00
~ ,,/
D Y . 07;0
3: '"
C'l e=-
o <-= ..
Z )> <:g
~ -. 0 ','j
o c-; ~2 1""11 "'--1
f't1!:: -,,; C'"')
(' ~ ,. .. I
-,
c.,.:-; N
+-.-
-- ;;=> ;
._~~.: :A ..
;:"" 'h, a ,
-q .... ',",}
," <=> ',-"
,;.
~ "
'.', -.';_' .~, ,,~~ '~~~' .~~;;:_~~~4~<r.~~~:..;'~>..~~,-.
-"..".~......
. l~ ~p~ !
_'.... ,., _"',,.f:~ri~
. .. -
. -:.:....
. ..
. -' ,. '.<....
,-". .....1"" .. ' ,-,-:
.... .~. c.,. :". _ . ... .
Your Upper Ke)"i C')I/{u.Utlltl
THE REPORTER
..:"...")'.:-~~~,~:-:~.~ ....
PROOF OF PUBLICATION
, ...
AHi)'pftO.. .
V1OflIM~1;'IVE
~"'~f.~e-~~ii~ ~~f'~..,
P.O. Box 1197 . Tavcrmcr, Flonda 33070-1197
(305) 852.3216 Fax; (305) 852.0199
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared DAVID GOODHUE who on oath,
says that he is EDITOR of THE REPORTER, a
weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe
County, Florida: that the attached copy of
advertisement, being LEGAL NOTICE in said
newspaper in the issue of:
November 21st 2008
~~.
.~d!t~....
~;...~~,
-~
. !: .~..
" " , ,'..,.~
*"""
,.~, ',' '. " , ' . ;~.YIl" . ~'
'~h
;w<<. .' '. '11'0 . . ..."
"need":'" . .'W~ .
, ,_"'~"~l.a:JflI'.
Affiant further says that THE REPORTER is a
newspaper published at Tavernier, in -said
Monroe County, Florida, and that the said
newspaper has heretofore been continuously
published In the said Monroe County, Florida,
each week (on Friday), and has been entered
as second class mail matter at the Post Office
in Tavernier, in said County of Monroe,
Florida, for a period of one year next
preceding the first publication of the attached
copy of advertisement; and affiant further
says that she has neither paid nor promised
any firm, person, or corporation any discount,
rebate, commission or refund for the purpose
of securing this advertisement for publication
in the said newspaper a that The Reporter
is in full compliance Ith Chapter 50 of the
Florida State Sta~70 egal and Official
Advertisements. / /
Sworn to and bscribed before me this 21st
day of November 2008.
''/~t.
.:;'~~~
.' ':','J~~~~~~
.. · ao.,dOr""~'''''''''''''''''C'' ,.
..~~",.~..
:"'~~~"
~ ~,-~"'T1.o, '." '.
. . '. . ~.": .-
,if ~....c.:,..~~:t~/
1 ~11,_,..'_~' '
, ~:=~~r,,:;;l"'-';
'iT ' ,.FL.O.o' "
fG~~ MARGARET J, WHISENHUNT
~c.-- ~ ' MY COMMISSION 1I'D0443753
EXPIRES: ,JUN 22,2009
, Bon~!d tnrou~~ III Stirs rnlUraM&
. Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Dellvery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the rnaitplece,
or on the front 1f space permits.
1. Article Addressed to:
Municipal Code Corporation
P. O. Box 2235
TaJlahasses$ Fl 32316-2235
{J/L!1."iF 030-;}'{)O?
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
D. lEI delive!)' address different from item 1?
If YES, emer delivery address below:
3. Sel)ll"ce 1YPe
f:2( Certified Mall [J Express Mall
o Reglstemd D Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delillery? (ExIm Fee) 0 Yes
70D7 256D 0001 6107 0242
Domestic Return Receipt
1<l2S{I5.l)2-M-1540
III 11111 II .1lullIIlI111111111H111111l1111"li ..Illlu 11111 d
tle/K 0 f1 Cdul""t-
f 0' ~o~v'~/c;go
K!!J ()Je,S+ / r L 330tjO
· Sender: Please print your name, address, and ZIP+4 in this box ·
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
UNITED STATES POSTAL SERVICE
.....,
o
o f\elum RllCGlpI Fee
CI (End~l1Ulnl f1~quiredl
f1eatlltted De\lvo~ Fee
t:l (Eno=emcn1 f\aqUlnld)
..n
l.I1
ru Tom' pos\tlgo &. PeeS
n.J
:r
ru
CJ
r--
o
r"l
..n
onl 0
lloOO'OOo-w-oesl NSd (QSJlM9/:1) sOOZ ISJl6n't' 'OOilS UIJO:j
'~J!nbtl! till OUjlfew 11911M JJ luaSilJd pue Id/fl:lilJ SJIU OlAes :lNVIHOdl
W:lUJ pue s61l'JSOd 411M leqllJ X/IlI1 PUe 4~l1lap 'paP&ilU IOU S! jd!&O<lJ
Ue~ pSUtl..rOO a~1l uo l(J8WjSOd 8 If 'flU!~Jmulsod .101 9:l!l)O ISOd elfl 18 010
-!lJll e411UGSeJd ese~W 'peJrsep S) ld'0:lel flll~ }1e!l!lJeO at/I tJo )jJ8Wlsod llll
>fHl/ll/tJOJJiJJtJmsllJ:/., lueweSJOpue
aLjll./l!M a:leldl!8UJ e41 )jJSUI JO l(J91o alii as/Ap,\>, ',LJsIJe p8Z[Jo41ne s,essSBJppe
JO Bess6Jppe slII 01 P8lO,U1SQJ Gq lLuw hIflJ\!/BP 'a8) [BuoJIIPpe ue JO:[ I
'P!lJlnbeJ
S! IdJEloaJ IJeVII PO!l!j.!80 mOIL uo ~JllWISOd llSdsn 8 'ld!aoSIJ LJJnIBl 8jeOlidnp e
.J01..rGAleM oaf 8 el\!~) 0.1 ',P8lsenbal:l ~!BOSI:I wnIB!:!, 8oa!dl!ew GS,lOPU3 'aeJ
aLll JEll\oo 01 a614SOd B,qeo!ldde ppe PUll BI~ll elfl 01 ~nB€ UJJO" Sd) ldlaOll!:/
wm6C/ U tjOBlle PU8 O/B/dwoo 8Sl?aJd 'S:ll.Wls ~d!8:1€1l:1l.lJ~Bl:f U!l?lqo 0.1 "..uB"'!Iep
fQ )OOJd apJI\OJd 01 P<lIS&nbeJ aq ,(ew Jdt~H wn'8C/ll'e&1 reuoq,lppe ue JO::l 8
'UfJVtj POJ<l/SIfiel:f .10 J)aJrlSiJl Jep!suo:> aSl1s[d 's9lq8n/al\
JO~ i!B!-,: paWJ.lao !{JIM 0301^O!:ld' S, 3E:lV!:I:ilAO:) 30N\I!:/nSNI ON 8
'!law reuolleUJ"'HH JD ssel::! .-lUll J(JJ alqel!~l\e IOU 5) 1!eW'll paUllJaa 8
.: "..,. '~;JU!Jd JO .s,[afV sseJO-lSJ!:1 lfl!iI'I P8UIQwoo aq A1NO ^llW 1!e~ PIiI!)llJ90 _
:9.iOPUfwOH IU/J!Jodw/
SJe~M OMl .101 aOIAlaS lelsod 841ILq lda~ lLJa^IJap JO PJOOSlJ If 8)
aoaldflaw Jno.-l JO) Je!J!l.Uap! anb!uo 'rf _
ld'~J flU!llllW If 8
:sapJ^OJd new pamPa:)
Email Confirmation
Page 1 of2
FILED FOR RECORD
20U9 JAN -5 AM 10= 50
',ANNY L. I\OLBAGE
cue GIR. CT.
1'~C1jlfjnr f'OtlNTY, ft A
Municipal Code COrPoration
P.O. Box 2235
1700 Capital Circle SW. 132310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
l.i1fii(ilmuoiclldll,~Q!ll
Monroe Cou nty, FL Code of Ordi nances .. 2008( 14298)
Supplement 1
Recorded: 8/1/2008 8:54:43 AM
We have received the following material through Hard Copy/Electronic.
Document Adoption
Ordinance No. 017-2008 7/16/2008
Ordinance No. 016-2008 7/16/2008 ,
Ordinance No. 026-1999 6/9/1999
Ordinance No. 012-2008 3/19/2008
Ordinance No. 018-2008 8/20/2008
Ordinance No. 030-2008 12/8/2008
If you are sending the ordinances in electronic form and printed form, we assume
the electronic version of the ordinances reflects the ordinances as adopted. We
do not proofread against the printed version of the ordinance if the printed copy is
submitted. Please contact us if you have questions.
. You can also "GO GREEN" and reduce the number of supplement copie$ you
receive or just get a PDF of the supplement to print your own copies. ..ask us
how - email into@municode.com.
. Update the internet version of your Code mor~ often than a printed
supplement We can update tHe Internet quanerly, montl'1ly, even we~kly. For
additional information email info@municode.com.
. We can post newly enacted (irainances lnlneonline Code after each meeting.
E-mail usformoreinformationatlnfo~municode.com.
. Automate your agenda and comp ete egislative process. Visit MCCi for more
i nformatio n. htt.rrflwww.mccinnovations.com/groducts/agenda.asR
. We can provj(Je'~-solution fofl)oQumenf i:lI;ia-Reco-rasManagement, imaging
or scannIng servIces. Contact us tor more uiformatlon at
info mccinnovationS.com or visit MCCi.
. I mg opt you. OWO. e can J:):rovi~e invoice and st~tement Rrintinq and
proce-s~mg utili bills and tax bIlls. or more informatIon emaH us af
. 1~~~OJG~~~at~~:'~W-ianage your Contracts? Visit MCCi's website to learn
more about automating your contract management processes. MCCi
. Ever need to search in several online Codes for a sample ordinance? Try our
Multiple Code Searching. For more informat.ion email us at iDfo@m!,lD~coqe.99}I!.
. We can do more than just codes... Please Visit our Company On-fine Brochure
at: http://www.municode.com/aboutlbrochure.pdt
~ " ~ 'S} Co~right 2005 Mec. All rights reserved.
http://intranet. municode.com/bis/RecordinglacknowledgePrint.asp?jobid=943 97 &print=tr... 12/30/2008
Email Confirmation
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316
6.\I'~ PO.st4,
. <!> ~
~ .: ~ (I. ~-~~;;.,.,,~,
j , : ~ ~ ~ l')jlN"I" RO\N[~
o . . 02 1M $ 00.420
l;:; 0004213441 DEe 30 200B
~. MAilED FROM ZIP CODE 32310
Mr. Danny Kolhage
Clerk of Court
Monroe County, FL (County)
500 Whitehead Street
Suite 101
Key West, Florida 33040
:::i304C.+S:58 i 1.,1l0lIU1II'IHI. J /lll,"lh" 'll 1~1I1 11111/. ,lll,HJIJ' 1.11
. '\~
~
http://intranet.municode.co1UJbisIRecordinglacknow ledgePrint.asp?jobid=943 97 &print=tr,.. 12/30/2008
Affiant further says that THE REPORTER is a
newspaper published at Tavernier, in said
Monroe County, Florida, and that the said
newspaper has heretofore been continuously
published in the said Monroe County, Florida,
each week (on Friday), and has been entered as
second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for
a period of one year next preceding the first
publication of the attached copy of
advertisement; and affiant further says that she
has neither paid nor promised any firm, person,
or corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for publication in
the said newspaper and th he Reporter is in
full compliance with C te 50 of the Florida
State Statules 7/i/nd Official
Advertisements. / ~
Sworn to an ub ribed before me this 5 day
of Decembe 20~,
,~~ J.G~
( ;). . c:s. 0 B
The Reporter
p, O. Box 1197 · Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared DAVID GOODHUE who on oath, says
that he is EDITOR of THE REPORTER, a weekly
newspaper entitled to pUblish legal advertising
pUblished at Tavernier, Monroe County, Florida:
that the attached copy of advertisement, being
LEGAL NOTICE in said newspaper in the issue
of:
December 5th 2008
~ MARGARET J. WHISENHUNT
'~~'v' MTl;;OMMIG~N #00443753
~ ' ' I EXPIRES: JUN 22, 2009
~ Bonded through lsl Slete Insurance
03tJ, 2008
r--.:I ""'l'\
=
.~ =
'.:.J 't> ...0 ,-
'a(j% e- rr!
:0- C
.::J,X %
."".....~-( ..
" , ut C
0'" :::.::J
.....-:;J;;
,-~o "'tJ ::v
'~r :x l"Tl
:-, _.-I::t: :.n C')
. ->t:::o :Po - (:)
~' c;') :) ;::0
>~ ITI r"" 0
Ad#2574,$IJOMSTtI
Traum....... ' ,
tAL.
'.'F~.,'
T-O~ ' . ,f~F f!~"-'
~~,'. iORnrrr~~'
~ > " LLbROINANcES~.
~...~,." TtON,.~
- , ".tJl.,'~ THE~'.' ,_
S., '. -'. t~A:M~.... ... ~".t,,__
OIl~JQ'It'., ~.. .S "Gea.~?U'~"'~-. a.'(T1:-5.:0Jlp,m..nOlater:.
may-..~> . ,.",", 1> ,o$n2W'OHslng.daY8PrkK"'
MlU1lthOn ' ',. ',GAMFFto'theactiMluled.l1\'ll'6f_'
Cit:~ ' '.' -"'- > ,ATE. ", ,.; 1~:P-yOu'arehearinl}or:<
.ttII ""; .." ""J. - ' , ,u '., '~~impolred,caIl.{
"~.'" . t: ~t~SoctIo","' .,.,..'!1,1.,..,. . ".
.. ~.0105,I"~:.:, ,"". _'::, ":"~:"~"
In "i;).{ .. -, '." ~~: $tatulsa, notfoe /a1IWri.. 'oilmlfat K:e West . .
.tyg,.c- '::.'" ftat,lfaperaondac:':idesto FIoild~'-~1atd~ of .
,"'^ , , ; .pfIe8l/l".y~;,'"o.~......._:,lI,............. Y ,
~ ".--. inadebylheBOaiil.";" '"",:,,,,_, . ,"",UVO.
;:. ,.. ',. , \. ~to.n.YS'i'- ":'::,(siW.:r ."
I g'~c::ot.IiilY':' ~redlit '.' ~KOlHA.~
d~::>:' ..'.;' ,.'-', '~or~':'~:':~~"~~co\.rt,
..,~~'\.:.:" ", ... ". \.,,;': ~'that.. 1:xr6- 'arii1.x6ft'lClO~ofthe;
Nf,. :':", ~,a ";~"",.:, ,,;' .., -_,.,~. ,
' , . ~oecl~.~ COtftitfj ,-
~t1m~of~iI'Pt",.. . ", _,.'
t ..........t. 18 ade III1filcll . . '.
,;~ ,<"""",r~~,.. ~~8
f ._~. ~ t8cord [ .....,--.....;-.e::~ 'I.,
lnOnyand ~~,.., TaWmtif: 133070
,-:.s,,.,; ~~'U'fo~,"_.
'Ji.,. bas&d. ,'" - , : .
'~.' n.,~~:~' '~.~
~. ... ._~,
"1WOIllUNICRI\'L~:; ,'., ". ' "__.'
~'l:.).~.
-;c'=t~~'~~'"' ':~'"
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 17,2010 at 3:00
P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption ofthe following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
REQUIRING THAT PATIENTS REQUIRING EMERGENCY AIR
TRANSPORT SHALL BE GIVEN NOTICE OF THE
AVAILABILITY OF TRAUMA STAR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
,
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292~4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711 If.
Dated at Key West, Florida., this 17th day of February, 2010.
(SEAL)
DANNY L. KOLHAGE, Clerk ofthe Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter (Fr) 2/26110
Keynoter (Wed) 2/24/10
KW Citizen (Su) 2/21/10
~. ,
.:?J /f '/ Itu
............""'" lJ J ..-
Cooke Communications, LLC
Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office. . . .305-292-7777
Extension....... .x219
Fax...... .305-295-8025
leaals@kevsnews.com
INTERNET PUBLISHING
keywest.com
keysnews.com
floridakeys.com
key-west. com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Pre~)s
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Dr,ive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizenuv.kevwest.cOJn
Internet Division
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Offic,e
6363 Overseas Hvvy
Marathon, FL (MIVI 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
marathon(Q),kevsnews.com
Upper Keys OfficE~
91731 Overseas HllN}'
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@floridakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice-President of Advertising Operations of the
Key West Citizen, a daily newspaper published in Key West, in Monroe
County, Florida; that the attached copy of advertisement, being a legal notice
in the matter of
/<<1 ~tffi ~~ C~ ~~ ~
(~~ cJ~~ -.1/l~~~
was published in said newspaper in the issue(s) of
1~ .211 ;LtJ/t/
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Signature of Affiant
Sworn and subscribed before me this ;l.:J- day of 1 ~ ~ ' 2010
Notary Public:
Marsha F. Kirkwood
J?!~ ;z: k~
Expires: September 15, 2013
F,~~:'~f-7~.~:.',.:~:~: ,v'-'~n ,1 ~~
)!~ ..,", :.-.<\ ,,~."\l1.v.~.t... J . kJ'!;\WOO"., I ~
~~:? p{~~f~~~~~:;;::!~;:~:;~~
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
3: 0
'.:::) )>
z()~
~~~
i
t~? (; A
< - -~ :::~ <::)
."'"cO" t~
--- -----
... )---
::< ;-il>
-".,~ C)
.. rr1
~
<::::)
c:=
:z
:a:.
:::0
...,.,
r-
rrl
o
."
o
:::0
2>>
X
::0
rr1
<J
o
::u
o
N
o
Published TwicE~ Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of PLfblication)
k b r \A.CL. r~ '1.. t-L'L6l D
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. l-he affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Keys Keynoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisements.
sw~o, an sub
this D of /
(SEAL
~ .~
Notar~ I BEVERLY EGER
Y ~. .., '" MY COMMISSION # DD~2134
j: *'~Of1'.~" EXPIRES: Apr. 18.2010
t- ~)~~~I::::-m
3: 0
~ )>
~~:z
.,,~f'f""':1" ......,,!P
r:=; ;; :<
(--) A !".-
~:~ () ~
~T:; ?~; ;2
-;CJ::C
': '" ;-1,.:t>
11 C')
i rrJ
'"
C:)
---
c::::.
:z
:lilt
=0
21
r-
fT1
o
."
o
::0
:;0
fTJ
c->
o
::0
o
2at
::E
......
--
-.
'"
<::)
The Reporter
P.O. Box 1197 .l~avernier, Florida 33070-1197
(305) 852-3216 Fax': (305) 852-0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared DAVID GOODHUE who on oath, says
that he is EDITOR of THE REPORTER, a weekly
newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida:
that the attached copy of advertisement, being
LEGAL NOTICE in said newspaper in the iE:sue
of:
February 26, 2010
Affiant further says that THE REPORTER is a
newspaper published at Tavernier, in said
Monroe County, Florida, and that the said
newspaper has heretofore been continuously
published in the said Monroe County, Florida,
each week (on Friday), and has been entered as
second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for
a period of one 'year next preceding the first
publication of the attached copy of
advertisement; and affiant further says that she
has neither paid nor promised any firm, person,
or corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for publication in
the said newspaper an at Th,., Reporter is in
full comPliance", wjtW h ,Pte~o of the "F, lorida
State Statute~/ on L~al and OJffcial
Advertisemel)tS. ,. ///
,. / /'/
~/
Sworn to a subscribed before me this 5th day
of March, 2010.
3: 0
9 1>
~z C'") ~
:.0 r- ~~,
Orrr~
t'"T1, ;;j -,
t~A!-
(JA
;;.; (:)
:'~ r-
~':f ~J:r
::' ;-I)>
...., C)
r- ,.."
~
c::=
---
c:::.
:z
:lilt
:::0
-ra
-
r-
",
o
..."
o
:0
::0
,."
("j
<:)
::0
o
-
:z
......
-
..
\8
91 ~OO ()\ c-J'sca\) H igh\\'~lY
T~ncrnil'r. Floflda33070
. Mariners
. ...~. ,Hospital
HEAlTH
I~I: 305-434-3()()O
\\W\\. haplt~th~ahh.nct
August 17, 2009
Robert P. White
88761 lOld Highway
Tavernier, FL 33070
Account#:91796664
Dear ~Jlr. White,
This letter is in response to the concerns that were expressed by Carol Chabinak
regarding your Emergency Room visit on 7/16/09.
The Ennergency Room physician felt your condition warranted a quick transfer to Baptist
Hospitc~1. Ms. Chabinak mentioned that we should have called the free helicopter
servicE! in Monroe County. I checked in to this and Trauma Star does just what the
name implies; they handle traumas outside the hospital. Hospital to hospital transfers
are arranged by the Baptist Hospital Transfer Center. The Life Net helicopter service is
the provider of choice.
We hope you are feeling better and thank you for choosing Mariners Hospital. It remains
Mariners Hospital's commitment to always provide very good care to our patients, in the
most caring and compassionate manner.
SinCeft9ly,
~.~
Marilyn Ayala
Mariners Hospital
Patient & Guest Services Manager
(305) ~~34-1646
J
G.. I
~/11 /10
s
A TTORNEYS AND COUNSElORS AT 1.A \Y
March 17, 2010
Suzanne Hutton
County Attorney
Monroe COUIIty
1111 12th Street, Suite 408
Key West, Florida 33040
By Email and Federal Express
RE: Proposed Ordinance - Proposing to Create Code ~ 11-179 to Require
Notice be Given to Medical Patients that "Trauma Star" is an Option for
Inter-Facility & Trauma Scene Air Ambulance.
Dear Ms. Hutton:
Our law firm has been retained by Lower Keys Medical Center (LKMC) with respect to
the referenced proposed Ordinance. We are writing to express concerns and to offer the
following COlnments. The proposed Ordinance is to be considered during today's, March 17
regularly scht~duled meeting of the Monroe County Board of County Commissioners (BOCC)
with the pub1lic hearing portion to begin at 3 :00 P .M. We respectfully request that these
comments be made part of the record and considered at that meeting and public hearing.
While we understand that this proposed Ordinance and the type circumstances that
generated the proposal may be emotionally charged issues for the BOCC, we believe there are
serious legal impediments, public policy concerns, and impracticalities to implementing the
proposed Ordinance, all as addressed below.
At the: present time, there are three principal air medical transport services utilized by
Florida Keys :hospitals: (1) Life Net; (2) Life Flight (Miami Children's Hospital); and (3) Trauma
Star (Monroe County). The area hospitals which utilize these emergency medical transportation
services do fLOt receive compensation based on the choice of air medical transport service
provider. Moreover, medical professionals do not utilize these air transport services unless they
determine that the patient's condition is an emergency that requires rapid transport. Given such
emergency conditions, it is impractical to expect physicians, nurses, medics, and other medical
or clinical staff to inject financial reimbursement considerations in the midst of a life-saving
acti vity.
2873 Remington Green Circle, Tallahassee, Florida 32308
850-297-2006 Telephone · 850-297-2009 Facsimile
www.smithlawtlh.com
0.\
~ 1 \'1\ \0
Suzanne Hutton, County Attorney
March 17,2010
Page 3
reduces injuries for all persons," and that the purpose of Chapter 401 is "to protect and enhance
the public h.ealth, welfare, and safety through the establishment of an emergency medical
services statt~ plan, an advisory council, a comprehensive statewide injury-prevention program,
· .. and the t~stablishment of a statewide inspection program ... ." See 9 Fla. Stat. 401.211
(emphasis added). See also 9 401.24 (EMS State Plan) and 401.243 (Injury Prevention) both
repeatedly rt~ferring to a "comprehensive state plan," "unification" of services into a "total
delivery syst(~m," and a "comprehensive state plan for injury prevention." (Emphasis added.)
In ad<iition, Section 401.35 generally makes DOH responsible for the improvement and
regulation of emergency medical transportation services and requires it to develop and
periodically revise a comprehensive state plan for such medical transportation services, including
requirements for the operation of such services. DOH has implemented comprehensive rules
found in Chlapter 64J, Florida Administrative Code, including Chapter 64J-l (Emergency
Medical Senrices) and Chapter 64J-2 (Trauma Services), Florida Administrative Code. See
specifically, Rule 64J-l.005 (Air Ambulances) and Rule 64J-l.006 (Neonatal Interfacility
Transfers) for examples of specific comprehensive provisions relevant here.
This (~omplete Chapter 401 statutory scheme also provides for state licensure as to basic
life support or an advanced life support services. 9 401.25, Fla. Stat. While this particular
Section 401.25 does recognize that each county "may adopt ordinances that provide reasonable
standards for certificates of public convenience for basic or advanced life support services and
air ambulance services" (emphasis added), this is a limited grant as to the development of
standards for such certificates, and is the only place in the statutory scheme where authority is
specifically ~~iven to a local governing body. Even then, Section 401.25 provides that in
developing Stich standards, "the governing body of each county must consider state guidelines,
recommendations of the local or regional trauma agency created under Chapter 395, and the
recommendations of municipalities within its jurisdiction." (Emphasis added.)
The s(~ction most relevant to the proposed Ordinance is Section 401.251 (Air ambulance
service licens'ure) which provides for state licensure (by DOH) of emergency medical ambulance
services. Im~portantly, as to the type of notice provision that the proposed Ordinance would
require, Subs(~ction 4(c) specifically provides and mandates that such a written notice/description
be given only in non-emergency circumstances:
(c) Unless, in the opinion of the attending physician, the oatient has
an emer2encv medical condition as defined by s. 395.002, the service must
provide each person using the service.. before rendering the service.. a written
description of the services to be rendered and the cost of those services.
(Emphasis ad~ied.) The express meaning and intent of this language is to allow notices as to cost
and description of services to be given onlv in non-emergency situations. Here, air transport
would only be used in emergency circumstances, and accordingly, this Section 401.251(4)(c)
requirement ,vould prohibit the very type of notice that the proposed Ordinance, if applied,
would require. Further, this state statute places the responsibility of providing such notice to the
2873 Remington Green Circle, Tallahassee, Florida 32308
850-297-2006 Telephone · 850-297-2009 Facsimile
www.smithlawtlh.com
Suzanne Hutton, County Attorney
March 17,2010
Page 5
City of Daytona Beach, 420 So. 2d 606, 610 (Fla. 5th DCA 1982) (holding that it "is apparent
that the state: ... has preempted the field of medical transportation services, delegating to the
Department ... and to the counties the duty to administer a state plan for services); 1980 Fla. Ope
Atty. Gen. 247 (1980) (analogous holding by Attorney General); and Tallahassee Memorial
Regional Cellter v. Tallahassee Medical Center, Inc., 681 So. 2d 826 (Fla. 1st DCA 1996) (court
invalidated a local county ordinance requiring hospitals to pay the local ambulance service for all
transports an~:l then seek repayment from the patient, as in conflict with Section 395.1041(3)(k)
(1996) whicll expressly required the patient to be primarily responsible for the payment of
ambulance series).
In surnmary, Chapter 401 is pervasive and comprehensive. And specifically as to the
subject mattt:~r of notices to patients, it requires that they only be made in non-emergency
settings. Thus the proposed Ordinance is clearly preempted.
As further discussed herein, there are strong public policy reasons for finding the area to
be preemptecl by the Legislature. The very reason for enacting a state-regulated system of
emergency medical transportation services is to avoid a patch-work of local laws governing how
decisions are to be made, and what processes or protocols must be followed by the medical
professionals who make decisions. The state-wide system requires that medical transport
decisions be 'based on clinical consideration, with the goal of ensuring rapid transport without
resort to finarlcial status considerations.
Finall:v, as discussed herein, the proposed Ordinance clearly presents a danger of conflict
with the state~'s pervasive regulatory scheme.
State ~"Conflict" Preemotion
The r(~cent Sarasota Alliance case also addressed "conflict" preemption, and indicated
that the test of conflict between a local government enactment and state law is "whether one
must violate one provision in order to comply with the other." That is, "conflict exists when two
legislative enactments cannot co-exist." Id. at *5-6 and cases cited. Here, a comparison of the
proposed Ord.inance with various sections and subsections of Chapters 395 and 401, Florida
Statutes, illustrates clear conflict in several ways.
The proposed Ordinance would directly conflict with portions of Section 395.1041,
Florida Statut.~s. (Access to emergency services and care) which provides in relevant part:
(f) In no event shall the provision of emergency services and care" the
acceptance of a medically necessary transfer... be based upon" or affected bv,
the pt:~rson's race, ethnicity, religion, national origin, citizenship, age, sex,
preexisting medical condition, physical or mental handicap, insurance status,
economic status, or abilitv to nav for medical services. ...
2873 Remington Green Circle, Tallahassee, Florida 32308
850-297-2006 Telephone · 850-297-2009 Facsimile
www.smithlawtlh.com
Suzanne Hutton, County Attorney
March 17,2010
Page 7
42 V.S.C.A. S 1395dd(h) (emphasis added). Similarly, the implementing CMS
regulations at 42 C.F.R. 489.24(c) provide in relevant part:
(4) Delay in examination or treatment. (i) A participating hospital may not delay
providing an appropriate medical screening examination required under paragraph
(a) of this section or further medical examination and treatment required under
paragraph (d)(l) of this section [which subsection includes transfer to another
facilit~] in order to inquire about the individual's method of payment or insurance
status.
42 C.F.R. 489.24(c)(4)(i) (emphasis added). See also Sabeta v. Baptist Hospital of Miami, Inc.,
410 F. Supp 2d 1224, 1236-37 (S.D. Fla. 2005) (EMTALA does not forbid a hospital from
inquiring about a patient's ability to pay for treatment, so long as its inquiry does not delay
screening or treatment).
These federal statutory and regulatory requirements mean that screening, treatment, and
transfers canrLot be delayed due to inquiries about payments for care or insurance coverage. In
fact, as a practical matter, prudent emergency rooms typically have policies that no patient is to
be asked abolLt payment for care prior to being screened.
Here, the proposed Ordinance directly conflicts with these key provision of EMT ALA as
well as the ,rery rational that underlies the whole of EMT ALA. The overarching goal of
EMT ALA is to remove financial considerations from coming into play when arranging for or
providing for emergency medical services generally.
In derogation of this fundamental policy, the proposed Ordinance would require
discussion an<<:l/or consideration of financial ability to pay. Such a notice requirement would run
counter to thc~ very foundations underlying EMT ALA by considering financial aspects rather
than basic prilDary medical interests of the patient.
If the Ordinance is adopted, one can easily envision dire consequences. For example
serious potential legal and liability repercussions could result to the County as well as emergency
medical trans]portation services provider in the event a decision is made to delay an emergency
medical transfer in order to await arrival and use the Trauma Star rather than using an on-site
EMS service already under contract and on-site at a hospital. Delay and personal injury could
result, simply to obtain the less expensive mode of transportation.
Extensive use of Trauma Star for inter-hospital transports would also reduce the
availability of Trauma Star as first responder for on-scene trauma care and transport.
The Ordinance could also result in "bidding wars" among EMS transporters. Would the
duty to provicle notice still apply if another EMS provider was willing to waive fees other than
2873 Remington Green Circle, Tallahassee, Florida 32308
850-297-2006 Telephone · 850-297-2009 Facsimile
www.smithlawtlh.com
Suzanne Hutton, County Attorney
March 17,2010
Page 9
completed as to the various constitutional, legal, practical, and public policy issues at stake. We
also request that a copy of this letter be provided to the Commission and included in any Agenda
packet. Please let me know if you have any questions and thank you for your prompt attention to
this matter.
tJ~h
c: Nicki Will
Timothy B. Elliott
8:\200.71 HMA LKMC Orditlall Challg AirEM8\Ltr.County.Atty.re.Ordinance.KMP3-16-10.doc
2873 Remington Green Circle, Tallahassee, Florida 32308
850-297-2006 Telephone · 850-297-2009 Facsimile
www.smithlawtlh.com
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: 3/17/10 - MAR
Bulk Item: Yes No ---.X..
Division County Attorney's Office
Staff Contact Person: Lisa Granger #3170/#2507
AGENDA ITEM WORDING:
A Public Hearing, pursuant to Sec. 102-108, MCC, to consider adoption of a Resolution approving the
Recommended Order/Proposed Beneficial Use Determination of Special Master John Van Laningham dated
12/10/09 recommending that Applicants Gerald and Katherine Walsh NOT be granted relief.
ITEM BACKGROUND:
Gerald and Katherine Walsh are the owners of30 Sexton Cove Road, Key Largo, FL, 33037. (Block 10, Lot 15,
Sexton Cove Estates, Key Largo, RE# 00532701-026800). According to Monroe County property records, the
Applicants purchased the property on 8/31/89 for $85,000. The property is not the Applicant's homestead but
rather a vacation property as the Applicants reside in Coral Springs, FL. Archive records show the property has
been assessed as a mobile home since 1970. The subject property is a waterfront lot (approximately 50 x 75)
within land designated as Urban Residential Mobile Home with a legally established mobile home existing on the
property since 1970. The Applicants have enjoyed the use of a residential mobile home on the property since
1989 which continues today.
In February 2008, the Applicants were cited for building a screened wood structure/porch without a permit
which also violated the County's building code for safety. On April 24, 2008 the Code Enforcement Special
Magistrate found the Applicants in violation of2 separate Monroe County Codes (Case No. CE08020010). The
Applicants were given the option of coming into compliance or appealing within 30 days. The Applicants did not
appeal nor come into compliance and the Special Magistrate imposed a lien on the property on 8/28/2008.
On 6/25/08, the Applicants applied for an after-the-fact permit for the screened wood structure/porch. On
8/11/08, staff wrote a letter to the Applicants outlining why the after-the-fact permit could not be granted,
specifYing an alternative and explaining they had 30 days within which to appeal the decision made on 8/11/08.
The Applicants neither appealed the administrative decision nor gained compliance.
On 10/29/09, the Special Master heard testimony and argmnent pursuant to the Walsh's application for
Beneficial Use Determination. Mr. and Mrs. Walsh were both present and given the opportunity to testify, enter
docmnents into evidence and question the County's witnesses. On 12/10/09, the Special Master issued a
Recommended Order/Proposed Beneficial Use Determination that the Applicants did not meet their burden of
showing that the County's action in denying the after-the-fact permit for the screen wood structure/porch is a
taking of their property and that Gerald and Katherine Walsh NOT be granted relief
The purpose of Division 2. Beneficial Use Determination, MCC is to "..ensure that the adoption or application
of a county land development regulation or comprehensive plan policy does not result in an unconstitutional
taking of private property." Sec. 102-108, MCC, requires the Board to set the matter for public hearing,
providing notice and allowing the Applicant to be heard prior to the decision ofthe Board. The recommendation
of the Special Magistrate is not binding on the Board. At the hearing, the Board, by resolution, shall approve,
modifY, reverse or approve with conditions the recommendations of the Special magistrate based on the
standards set forth in Sections 102-109 and 102-110.
PREVIOUS RELEVANT BOCC ACTION:
2/17/1 0 BaCC approved public hearing for 3/17/10 at 3 :00 p.m. in Marathon, FL
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval of resolution.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County A~MBlPurCbre3ing _ Risk Management _
DOCUMENTATION:
Included X
Not Required ~
DISPOSITION:
Revised 2/05
AGENDA ITEM #
County Attorney
RESOLUTION NO.
- 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, APPROVING THE SPECIAL MAGISTRATEtS
RECOMMENDED ORDER REGARDING THE BENEFICIAL USE
DETERMINATION APPLICATION OF GERALD AND KATHERINE
WALSH, AND DENYING THE RELIEF SOUGHT BY APPLICANTS.
WHEREAS, Gerald and Katherine Walsh ("Applicants") filed an application for a
Determination of Beneficial Use ("BUD") on September 2,2008; and
WHEREAS, the BUD application was referred to a Special Magistrate as provided in
Section 102-106 of the Monroe County Code; and
WHEREAS, the duly appointed Special Magistrate, John G. VanLaningham, held an
evidentiary hearing on October 29,2009; and
WHEREAS, the Special Magistrate issued a Recommended Order with recommended
Findings of Fact and Conclusions of Law on December 10, 2009; and
WHEREAS, the Board of County Commissioners has the final authority to grant or deny
beneficial use relief subject to appeal by the Department of Community Affairs under Chapter
380, Florida Statutes as provided in Monroe County Code, Section 102-108; and
WHEREAS, in approving, modifying, reversing, or approving with conditions a
Recommended Order from a Special Magistrate, and granting or denying an applicant beneficial
use relief, the Board of County Commissioners will ensure that the Special Magistrate has
conducted the evidentiary hearing in a manner that is consistent with Monroe County Code,
Section 102-106; and
WHEREAS, the Board of County Commissioners will approve, modify, reverse, or
approve with conditions a Recommended Order from a Special Magistrate during a public
hearing as provided in Monroe County Code, Section 102-108; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. The Board of County Commissioners finds from the record that Special
Magistrate John G. Van Laningham conducted the BUD hearing on October 29, 2009, and said
Special Magistrate issued his written Recommended Order on December 10, 2009.
2. The Board further finds that the Special Magistrate conducted the evidentiary
hearing in a manner consistent with Section 102-106, Monroe County Code, and the Year 2010
Comprehensive Plan. A copy of the Special Magistrate's Recommended Order is hereby
appended to, and made a part of, this Resolution.
3. The Board of County Commissioners hereby APPROVES the Findings of Fact
numbered 1 through 12 as contained in the Recommended Order of the Special Magistrate and
ADOPTS the Findings of Fact as the findings ofthe Board.
Page 1 of2
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
The Board of County Commissioners hereby APPROVES the Conclusions of Law of the
Special Magistrate numbered 13 through 22 as contained in the Recommended Order and
ADOPTS the Conclusions of Law as the conclusions of the Board; and
WHEREAS, the Board wishes to accept the recommendation of the Special Magistrate
as proposed in his Recommended Order; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Board of County Commissioners hereby approves the Recommended Order
dated December 10, 2009, made by the Special Magistrate and adopts it as the [mal decision of
the Board. The final decision is denial of the relief sought by Applicants in their application for
a BUD.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting ofthe Board held on the 17H1 day of March, 201 O.
Mayor Murpby
Mayor Pro Tem Carruthers
Commissioner Di Gennaro
Commissioner Wigington
Commissioner Neugent
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor Sylvia Murphy
Page 2 of2
AFFIDA vrr
(State of Florida)
(County of Monroe)
Before me, the undersigned
appeared on ,c::b~f2.U~r~ /8 ,2010, who,
deposes and says that the f Ilowlng statements are
to the best of his/her knowledge and belief.
authority, personally
after being duly sworn
true and correct
1. That waterproof signs containing a legal notice for
The
~L~b
30 SE'I1ZJI" {loVE. Rd. Lor /5//3 LtJ C!< 10
(LEGAL DESCRIPTION OF PROPERTY)
on the I e day of (eB
an area of at least 1]" x 17", The sign containing the legal notice was
placed on the property in compliance with the 15-day posting requirements
of the Monroe County Code. The property was posted to notice a public
hearing before the Monroe County Board of County Fommissioners to be
he I don 3/ )7// I)
The sign(s) are clearly visible from all public streets adjacent to this
property,
was placed on
, 2010.
This waterproof sign(s) contained
of that waterproof sign(s) containing
Sign/Print name
Address
City, State, Zip
STATE OF FLORIDA
COUNTY OF MONROE
going instrument
w"' ,,',owl'd.'d b""p' thi, IZ- d'y 01
,20 I 0, b CDfrr~ ~e 0~tt?K-
is personally
entificati
o me or who has produced
did not take an oath.
NOTARY
Sign
(seal)
"""'" B d Harley
,\~'f;!.!;CJ:;~~ re ne y
"Q.'A"'~-"'" .
::: ~~ CommiSSion # D0584802
~"" . :i.rrl Expires September 5, 2010
,1,Wltl;I'" Bondad Troy Fain -lnS\lla~eo, InG ~Oo.~b~.Nlg
I
F R BENEFICIAL
N
The Monroe County Board of County
Commissioners
March 17, 2010
3:00 P.M., OR AS SOON THEREAfTER AS
THIS ITEM MAY BE HEARD
location of Hearin91
Marathon Government Center
2798 Overseas Highway
MONROE COUNTY
Marathon, Florida
Date:
Time:
Pur~se:
Beneficial Use Application
AD.IlJicants: Gerald and Katherine Walsh
Subject Property location:
Block 10, Lot 15 Sexton Cove Estates
Key Largo, Florida RE: 00532701-026800;
more particularly described as 30 Sexton Cove Road,
Key Largo, FL 33037
Date of Posting this Notice:
month, day, year
For more information can: The Monroe County Planning
Department at 289-2500
z
o
~
z
:2
((
w
~
w
Cl
....J
<(
Z
LL
W
00
=>
....J
<(
()
LL
W
Z
W
CO
((
o
LL
(9
Z
((
~
I
()
....J
CO
=>
a..
LL
o
W
()
~
o
z
Cl
w
~
00
o
a..
~: .~
",
,
h'
,~:.oj,: ,..,.:i
i.~ 'II :
.. I ~I
, .
". '.;'... I
. ~ . I .
'. ,
.: '~',~,~: /,::'>
. ..,
'1,' \"
, ~,
.. :~..".
. .~~'~~"..~
. . - ...-
." . : '.." fI'.
" 'I
;, :, :'j"
" ,
., I :=...:.)_ ... ";
~, .', ,/ "
: "', IS. .
'i'" :
~. . I
" ~l
~'
.~ . ~.. . I
.,
.. ~ ~~
\'
1.O6
i-~CI)
....J....J
->,
00)
T"""~
~-
00
00
-CO
O?co
"N
~9
O)T"""
>0
Or--..
()~
el.O
00
~i
(1)~
o I
Me
I 0
..c " (j)
U) .::;
CO "-
$::8
"C ::J
-00
~ Q)
0) >
<18
o c
T""" 0
-x
~O)
NCI)
z
o
~
z
~
0::
W
I-
W
o
....J
<(
Z
u.
W
en
::>
....J
<(
o
u.
W
Z
W
ca
0::
~ \
(9
Z
0::
<(
W
I
o
~
ca
::>
a..
u.
o
W
o
I-
o
Z
o
W
I-
en
o
a..
.::::
.~,
.,....:.
" '
" .....
.. \
(
, ,
L/,
'.: 'r~"
..
~: e
. .,.,.,
I I.~ .....
.. ~.
{ -:;.:. ::',
. (;..;' 'to
~.. c.
':~ b,-'";
,. r"
c- "
~ ,.
>:
~.
= ~~,
.>l ,.
.~ .:,~ ~,
'~
--::. ~ ~
~:: c
~
,. f~' r-
:-~ t.'. -
- ,
........ "- ....~..
~
L
L
~;
"-
i ~ ~
.... ~~ LJ
~ ~ ~ t,-
2; ~ ~ ':,
'" r:~"
~~~ ~-~-
> ~ _( ~,;-~ "-\';,,, ,~,_".:l ,t._
:"; ~: ~J :'.....
~I: j.';',f:;?
~ n 1j~g~~
:t
~
}
I.".
.
, ":
;.; .~: ~ , ,.
"
1.O -
T"""O
19-~en
....J....J
-
o~
T"""~
~-
00
00
caoo
I. (0
"'ON
0::9
O)T"""
>0
01'-
o~
cl.O
00
x2
0).....
enw
00::
('i')1
I C
..c .2
U) U)
~~
"'0 :3
men
l.... 0)
Q) >
(90
10
o c
:!:: 0
oox
:!:: Q)
Nen
~~~~ ,,- '" 'I",'" ';li;,'
~" ',~; , I,
" '~~;"II, 'I" "
"-;;-:"\~"', ,~,.~' I',
:. ,~:'-~...--, ...'-, ,
, ~ 1 '
1\ I,
\ "
,
1
,',
,
t~
~
r
"i':
~t
'-
.,'r--"'~
~ - .~.
-~~" ~-~~, ..
..., \",:f-,:J:...(.. _
"'/~;#~ ~'~/ ,*'.1 '
..... '. I I _..,
, ';'\..'
t-~.
".:.~ .
:' ",{..
,,~,,'
...,.~~
. "'-..
<:::...'
'..
.I _
: r'
,
f ~;
~.
~ ~ ~o; ':-,'
~~ ~-
~~ r
;; .1111
l'
~:.
,
~
~ z
_",0
~
z
:*-)", :2
" ~..,. . .1
~;J a:::
9~" w
,~' r-
~r>~ W
,~,~'~- CI
...J
<(
Z
u..
w
00
::>
...J
<(
()
u..
W
Z
w
en
a::
o
u..
<.9
z
a:::
<(
w
I
()
...J
en
::>
a..
u..
o
w
()
r-
o
z
o
w
r-
OO
o
a..
C
.r=. 00
(J). .- 0
m ;g LO .~ ex)
> u.. T""" ._ CO
> (l)_"'OC'\I
"'0>0.090
- 0 ...J :J T""" C)
~U 1000 ro
~CO~~...J
lOT""" 0 ('l') >.
O~TIU~~
T"""CI)OCO
~Oen~~
- ('l') (l) a:::
C'\I 00
. ,',
- "
~~ .
y
,
,: I
~ ...'
,'. ~
"{
,.
! .:0.... i .
\. I .
. . !...." ." .
..'. I
I ~',
. :.
.'
'-".1
~'.~~~'~ :.
r.".
'I,
:....0
OK~~!Y ~O~~~04~E
(305) 294-4641
r-"-~
r
BOARD OF COUNTY COMMISSIONER.S
Mayor Sylvia MurphYr District 5
Mayor Pro Tern Heather Carruthers, District 3
George Neugentr District 2
Kim Wigingon, District 1
Mario Di Gennaro, District 4
19fJia 4 the e.ountlJ ~
!Y. (9. [iJ~ 1026
111112/Ji StJteet, Suite #408
:Jf..ey- WeJt, fJE 33041M1026
(305) 292M347
Via Certified Mail # 7009 0820000033834128
February 17, 2010
Gerald and Katherine Walsh
9500 N. W. 37 Court
Coral Springs, FL 33065
"
Re: Request for Public Hearing Re: Special Master's
Proposed Beneficial Use Determination - Gerald and Katherine Walsh
Dear Mr. and Mrs. Walsh:
Pursuant to Sec. 102-108, Monroe County Code, please be advised that on February 17, 2010 the
Board of County Commissioners scheduled a public hearing to be held on March 17,2010 beginning at
3:00 p.m. or as soon thereafter as may be heard in the Marathon Government Center, 2798 Overseas
Highway, Marathon, Florida to consider the Special Master1s Recommended Order/Proposed Beneficial
Use Determination issued December 10, 2009 regarding Gerald and Katherine Walsh. The public hearing is
being held to afford you, the Applicants, the opportunity to be heard prior to the decision of the Board on the
Special Magistrate's Recommendation.
The County will publish the enclosed notice one time in each of the three area newspapers. The
County will also post the notice on the subject property to provide public notice to adjacent property owners
should they desire to provide input or attend the hearing. Should you have any questions, please feel free to
contact Assistant County Attorney Lisa Granger by phoning (305) 292-3470.
Sincere!y, I!L--
.Ji!fz ~u-
Paralegal! Administrative
KMP:
Enclosures
cc; 30 Sexton Cove Road, Key Largo, FL 33037
NOTJICE OF PUBLJIC HEARING
FOR BENEFJICIAL USE FINAL DETERMJINA TJrON
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 17,2010 at 3:00 P.M.
or as soon thereafter as may be heard at the Marathon Government Center, 2798 Overseas Highway,
Marathon, Florida, pursuant to Sec. 102-108, Monroe County Code, the Board of County Commissioners
of Monroe County intends to consider the following Beneficial Use Final Determination:
Applicant Name
Property Description
Gerald and Katherine Walsh
Block 10, Lot 15 Sexton Cove Estates
Key Largo, Florida RE: 00532701-026800;
more particularly described': as 30 Sexton Cove Road,
Key Largo, FL 33037
Pursuant to Section 286.01 05, Florida Statutes, notice is given that if a person decides to appeal any decision
made by the Board with respect to any matter considered at such hearings o~ meetings, he will need a record
of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, cal/"llI",
Dated at Key West, Florida, this 17th day of February, 2010.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication date(s):
Key West Citizen (Fr)
Keynoter (Sa)
Reporter (Fr)
2/19/10
2120/10
2/19/1 0
I!'iiI Complete items "1, 2, and 3. Also complete
item 4 If Restricted Delivery Ie desired.
IZI Print your name and address on the reverse
so that we can return the card to you.
Il!!I Attach this card to the back of the mailpiece,
or on the front if space permits.
L Article Addressed to:
Gerald and Katherine Walsh
9300 N. W. 37 Street
Coral Springs, FL 33065
2. Article Number
(Transfer from service labeQ
PS Form 3811 , February 2004
A. Signature
x
o Agent
o Addressee
C. Date of Delivery
B. Recslved by ( Printed Nama)
D. Is delivery address different from flem 1?D Yes
If YES, enter delivery address below: 0 No
3. Service Type
m Certified Mall 0 Express Mall
o Registered 0 Return Receipt for Merchandlse
o Insured Mall ,0 C.O.D.
4. Restricted Delivery? (Extra Fee) tl Ves
7009 0820 0000 3383 4128
Domestic Return Receipt
co co/co
ru rulru
,..:; HI,..,
.:r- .:r-I.:::r-
l'T1 m
CO CO
m l'T1
m l'T1
CI CI CJ
CJ CJ CJ
CI CJ CJ
CI CJ CI
CJ CJ CI
ru ru ru
CO CO CO
CJ CI CI
IT" IT" IT"
CJ CI CI
CJ CI CI
f".. f".. f"..
1D2595-02-M-1540
<~)~\~;-~D,<~,~,;;,
.<( '"te f~eihjo J~~')
\ \~' .-:)/
., -"./<;:',"'"'- /
TOlalPostage&Fees $ \ Re:"::J'l~fr/BUD
Please retu Ic
Sent To S 0 Att s Dfe
-q~E~t~...~!?-:L ~~a.therine Walsh
i:itreet Apt No' . -- ...--....n...__.__.....n....___...___..___ ..
orPO'Sox'No." 9300 N. W. 37 Court . ---...--..
city,Siaie:ZiP+;j.n----.h---..---...---.....___....__.n___.nh_....__."__.n__ '''.
Coral S rin s, FL 33065
Certified Fee
"
'"<-t.O
C'SO
Relum Receipt Fee
(Endorsement Required)
Restrlcled Dellvel)' Fee
(Endorsement Required)
@)~>
i~j
(,j
~
(,j
'\i
'4
(,j:
t.iI t)
W t'V
o ',U
.flo
l-" ::tt
e ~
l-" ~
o (,~
iV
O'l
UJ
0
- ..
-
-
.. V,)
B
- 0
.. .f:\
- ;.:.
- j-1 c :n
- 0 Z i1i
- to} >> -I
..
- O'l wee
:: ~ rZ4lI
.. .(li. 11l0Z
- r
- ..nH
-
OHQ
- :!
- )\> '11f!1(1
-
- l-" 00111>
l.Il 4J :z:
0 1l:: IJ
I)'l II' if!
I :u ::u
.. 0 0
OJ.
- 0
rJ
.. 10
- I
.. l-"
W-
I
0
0
RECEIVED
FEB 2 2 2010
MONROE COUNTY ATTORNL;'{
^WG)
([) 0 (I)
'<oow
r(l)-
I>> ~ Co
caom
o::J:J
.. a.
"C">^
rOI>>
<-
w(I):J"
(..) ::0 (I)
o 0 ::!.
:z; woo:J
H -.J a. (I)
~ ~
iI1 vr
:J"
\!)
~
o
o
III
~
o
o
o
iV
......
t~
j.l.
....
j.l.
o
^ ~O
(ll 0 C
'< ~
::E"'1:;l(j Z
fRoo -I
, . c -<
~g:'z ~
l"J ;-: ...,
~o-<
4:>. 1.,J 'p s:
_o.,...;j
~ ,...;j 0
N 0 Z
0. ~ :IJ
~ 0
-< m
:::" c>o
~ g~)
o i;~;:
"'1'1(J)
;0 cr~
() e,)
<0)
\.lN11fb
<' {)\
~
':0;\
\1)
1:)
o
to
";-'
v':::-;) ~
",
tJ
g iI~ {?~ ~
~J c~ +(
IT1 ()) i;;:
{o t
(,J ,<,
Enclo=~s ~
cc: 30 Sexton Cove Road, Key Largo, FL 33037
F~''''''~
I
BOARD OF COI!.J1\'l1ll' COMMl!'SSEOr~ERS
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Heather Carruthers, District 3
George Neugent, District 2
Kim Wigingon, District 1
Mario OJ Gennaro, District 4
Via Certified Mail # 7009 0820000033834128
'aster's
Gerald and Katherine Walsh
-....
Jde, please be advised that on February 17, 2010 the
tearing to be held OBI March 17, 2010 beginning at
the Marathon Government Center, 2798 Overseas
1 Master's Recommended Order/Proposed Beneficial
19 Gerald and Katherine Walsh. The public hearing is
y to be heard prior to the decision of the Board on the
ne time in each of the three area newspapers. The
to provide public notice to adjacent property owners
,;. Should you have any questions, please feel free to
ing (305) 292-3470,
NOTICE OF PUBLIC HEARING
FOR BENEFICIAL USE FINAL DETERMINATION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Mal"cb 17,2010 at 3:00 P.M.
or as soon thereafter as may be beard at the Marathon Government Center, 2798 Overseas Highway,
Marathon, Florida, pursuant to Sec. 102-108, Monroe County Code, the Board of County Commissioners
of Monroe County intends to consider the following Beneficial Use Final Determination:
Applicant Name
Property Description
Gerald and Katherine Walsh
Block 10, Lot 15 Sexton Cove Estates
Key Largo, Florida RE: 00532701-026800;
more particularly described as 30 Sexton Cove Road,
Key Largo, FL 33037
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision
made by the Board with respect to any matter considered at such hearings or meetings, he will need a record
of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711".
Dated at Key West, Florida, this 1 ih day of February, 2010.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication date( s ):
Key West Citizen (Fr)
Keynoter (Sa)
Reporter (Fr)
2/19110
2/20/10
2/19/10
,',. I~V' 1\.0 C Ul'"' t'Ui:n"J~ tn:;f\rlU~1,;i ,
',.' FOR BENEFICIAL USE FINAl.; ,
i()~T?R~I~.eII?N'.. .'.'..,.',.,/'"..'i
NOTIC:EiISll~.GIVEN...l"O
WI-l()J\/f\ITM~ycoNCE.RN.. that
~It,\'li~~~
" Fll?ri~a.PtJrs4~nt:J~ ..,. <}J02"1 08; ,Est. tI'J7fI
..'...~~6%~~~q~ijtY,Rp:9ri~~t;aOard ~ ' LLC
, ' '" ""''''''61 Before the undersigned authority personally appeared Randy G. Erickson,
't who on oath says that he is Vice-President of Advertising Operations of the
or Key West Citizen, a daily newspaper published in Key West, in Monroe
County, Florida; that the attached copy of advertisement, being a legal notice
in the matter of
,,~;JI1IJ
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52,5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
marnthonlalkevsnewS.com
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@floridakeys.com
ff7irBlEJ.~)
J!tfElj-
'1j I
, & J <P41 2lJl
STATE OF FLORIDA fM1P~C1:OJL<<II.7fft1. fiJ
COUNTY OF MONROE
p
1/~~ 1 fMcI.:c !iJZl/1;5 h j3Jt!1~(.~
I/~ l~ o~~
was published in said newspaper in the issue(s) of
1.dut~ /~ ~M
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for pnblication in the said newspaper. ~,"
/l-
'Signature of Affiant
Sworn and subscribed before me this~ day of u,'J ' 2010
::::;b::kwOOd ~~[~~;~11~f!i~I1f~]~i.~"li
r;~ 1: ~;7~---"-
Expires: September 15,2013 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
E..J d
Published Twice Weekly
Marathon, Monroe County, Florida
, , ,
. .. '--', ..',.....,.
. . - " ,
. - - '-. -'. -. - .'.
STATEOFFL()ij.~DA "
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
kbYU 0-1A-'i '2..0 I, '1...0 \. 0
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in,
Monroe County, Florida, for a period of
one year next, preceding the first
pUblication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Keys Keynoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisemen .
Sworn to and s
thisM..Oay
(SEAL)
4 f:1;a7-fiaesv-
Notary
f:!~Cl2fVt:=l,)
1-[:8
. /2 Ii 2011/
PlONRr. "
JE. COUAJr\. ,
AI ! l;J'"
~1I.'lIl':r
,.'.betWee.ri~8E)~(jll[S9f8::)OCl.I'Il.,...'
~~~~~~~lJw~;1cil~f~i',...".
~ BEVERLY TRAE.GER
i ~~; MY COMMI~SION it ~D54:l.M
L EXPIRES, ..!\pr. H), ZUlu
(40713\iZ-CIS3 l'ICliaot#llmySauiCt'CiJffi
~~~-~...-I""'-.~"""--~.,.x'<-~~~
r
P.O. Box 1197 · Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared DAVID GOODHUE who on oath, says
that he is EDITOR of THE REPORTER, a weekly
newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida:
that the attached copy of advertisement, being
LEGAL NOTICE in said newspaper in the issue
of:
February 19, 2010
Affiant further says that THE REPORTER is a
newspaper published at Tavernier, in said
Monroe County, Florida, and that the said
newspaper has heretofore been continuously
published in the said Monroe County, Florida,
each week (on Friday), and has been entered as
second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for
a period of one year next preceding the first
publication of the attached copy of
advertisement; and affiant further says that she
has neither paid nor promised any firm, person,
or corporation any discount, rebate,
commission or refund for t urpose of
securing this advertisemen or bl" tion in
the said newspaper and at Th orter is in
full compliance with apter f the Florida
State Statutes g and Official
Advertisements.
Sworn to s scribed before me this 19th
day of February, 2010.
~.~ J.~ ·
"',..,, "'..., .'....'...,.,"'. . . '. '".,'.. 2- ~ I q - (()
RECEIVED
FEEt ~~ 4, 20'10
MONROE COUNTY ATTO~NEY
MARGARET J. WHISENHUNT
PIT( COMMlssrON #OD881987
EXPIRES; JUN 22, 2013
__,.~ondeo t:~rQ:j9h 1st Slate Insurance
BOARD OF COUNTY COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: 2/17/10 - KL
Bulk Item: Yes ~ No
Division County Attorney's Office
Staff Contact Person: Lisa Granger #3170/#2507
AGENDA ITEM WORDING:
Approval to advertise and hold a Public Hearing on March 17,2010 at 3:00 p.m. or as soon thereafter as may be
heard in Marathon, pursuant to Sec. 102-108, MCC, to consider adoption of a Resolution approving the
Recommended Order/Proposed Beneficial Use Determination of Special Master 101m Van Laningham dated
12110/09 recommending that Applicants Gerald and Katherine Walsh NOT be granted relief.
ITEM BACKGROUND:
Gerald and Katherine Walsh are the owners of30 Sexton Cove Road, Key Largo, FL, 33037. (Block 10, Lot 15,
Sexton Cove Estates, Key Largo, RE# 00532701-026800). According to Monroe County property records, the
Applicants purchased the property on 8/31/89 for $85,000. The property is not the Applicant's homestead but
rather a vacation property as the Applicants reside in Coral Springs, FL. Archive records show the property has
been assessed as a mobile home since 1970. The subject property isa waterfront lot (approximately 50 x 75)
within land designated as Urban Residential Mobile Horne with a legally established mobile home existing on
the property since 1970. The Applicants have enjoyed the use of a residential mobile home on the property
since 1989 which continues today.
In February 2008, the Applicants were cited for building a screened wood structure/porch without a permit
which also violated the County's building code for safety. On April 24, 2008 the Code Enforcement Special
Magistrate found the Applicants in violation of2 separate Monroe County Codes (Case No. CE08020010). The
Applicants were given the option of corning into compliance or appealing within 30 days. The Applicants did
not appeal nor come into compliance and the Special Magistrate imposed a lien on the property on 8/28/2008.
."
On 6/25/08, the Applicants applied for an after-the-fact permit for the screened wood structure/porch. On
811l/08, staff wrote a letter to the Applicants outlining why the after-the-fact permit could not be granted,
specifying an alternative and explaining they had 30 days within which to appeal the decision made on 8/1l/08.
The Applicants neither appealed the administrative decision nor gained compliance.
On 10/29/09, the Special Master heard testimony and argument pursuant to the Walsh's application for
Beneficial Use Determination. Mr. and Mrs. Walsh were both present and given the opportunity to testify, enter ~
documents into evidence and question the County's witnesses. On 12110/09, the Special Master issued a
Recommended Order/Proposed Beneficial Use Determination that the Applicants did not meet their burden of
showing that the County's action in denying the after-the-fact permit for the screen wood structure/porch is a
taking of their property and that Gerald and Katherine Walsh NOT be granted relief.
The purpose of Division 2. Beneficial Use Determination, MCC is to ....ensure that the adoption or application
of a county land development regulation or comprehensive plan policy does not result in an unconstitutional
taking of private property." Sec. 102-108, MCC, requires the Board to set the matter for public hearing,
providing notice and allowing the Applicant to be heard prior to the decision of the Board. The
recommendation of the Special Magistrate is not binding on the Board. At the hearing, the Board, by
resolution, shall approve, modify, reverse or approve with conditions the recommendations of the Special
magistrate based on the standards set forth in Sections 102-109 and 102-110.
PREVIOUS RELEVANT Boce ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
NfA
STAFF RECOMMENDATIONS:
Approval to advertise and hold a public hearing at 3:00 p.m. or as soon thereafter as may be heard
on March 17; 2010 in Marathon, FL.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County A~MBlPurchasing _ Rjsk, Management
DOCUMENTATION:
Included X
Not Required_
AGENDA ITEM # 12...- 1 0
b (,ll t. Ai> f ravd
DISPOSITION:
Revised 2/05
NOTICE OF PUBLIC HEARING
FOR BENEFICIAL USE FINAL DETERMINATION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 17,2010 at 3:00 P.M.
or as soon thereafter as may be heard at the Marathon Government Center, 2798 Overseas Highway,
Marathon, Florida, pursuant to Sec. 102-108, Monroe County Code, the Board of County Commissioners
of Monroe County intends to consider the following Beneficial Use Final Determination:
Applicant Name
Property Description
Gerald and Katherine Walsh
Block 10, Lot 15 Sexton Cove Estates
Key Largo, Florida RE: 00532701-026800;
more particularly described,as 30 Sexton Cove Road,
Key Largo, FL 33037
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision
made by the Board with respect to any matter considered at such hearings or meetings, he will need a record
of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call 1/7111/.
Dated at K.ey West, Florida, this 1 ih day of February, 2010.
(SEAL)
DANNY L. KOLHAGE, Clerk ofthe Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication date(s):
Key West Citizen (Fr)
Keynoter (Sa)
Reporter (Fr)
2/19/10
2/20/10
2/19/10
OKl!~ErY ~O~~~~E
(305) 294-4841
r~~...... ~,..~~
r
BOAR!!> Of COUN1Y COMMISSltONIERS
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Heather Carruthers, District 3
George Neugent, District 2
Kim Wigingon, District 1
Mario Di Gennaro, District 4
19tf..ice at t.fte &u.nttJ ~J
9'.l9.91o.a:.l026
llil12m StIieet, Suite #408
J{ey. We"t, g.e 33041 ~1026
(30S) 292-347
Via Certified Mail # 7009 0820 000033834111
February 1, 2010
Gerald and Katherine Walsh
9500 N. W. 37 Court
Coral Springs, FL 33065
Re: Request for Public Hearing Re: Special Master's
Proposed Beneficial Use Determination - Gerald and Katherine Walsh
Dear Mr. and Mrs. Walsh:
Pursuant to Sec. 102-108, Monroe County Code, please be advised that we will be placing an item on
the February 17, 2010 agenda of the Board of County Commissioners seeking approval to advertise and hold
a public hearing on March 17,2010 at 3:00 p.m. or as soon thereafter as may be heard in Marathon, Florida
to consider the Special Master's Recommended Order/Proposed Beneficial Use Determination issued
December 10, 2009 regarding Gerald and Katherine Walsh, (copy enclosed). The public hearing is being held
to afford you, the Applicants, the opportunity to be heard prior to the decision of the Board on the Special
Magistrate's Recommendation.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
This office will advise you of the status of our request for approval to advertise and hold the public
hearing following the BOCC meeting on February 17, 2010. Should you have any questions, please feel free
to contact Assistant County Attorney Lisa Granger by phoning (305) 292-3470.
Very~1r~
~eit!JM for:
LISA GRANGER
Assistant County Attorney
KlvIP:
Enclosures
cc: 30 Sexton Cove Road, Key Largo, FL 33037
!
11II Complete items 1, 2. and 3. Also complete
item 4 If Restricted Delivery is desired.
11II Print your name and address on the reverse
so that we can return the card to you.
11II Attach this card to the back of the mailpiece,
or on the front if space permits,
1. Article Addressed to:
I-
B. Received by ( Printed Name)
D. Is delivery address different from item 1?
If YES, enter delivery address below:
Gerald and Katherine Walsh
9500 ]~. w. 37 Court
Coral Springs, FL 33065
2. Article Number
(rransfar from saNies label)
PS Form 3811, February 2004
3. Service Type
iB Certified Mail D Express Mall '
Cl Registered Cl Return Receipt fo/Merchandlse
. Cllnsured Mail Cl C.O.D.
4. Restricted Delivery? (Extra Fee) Cl Yas,
7009 0820 0000 3383 4111
r
!
102595.{l2.M-154o (,
r
Domestic Return Receipt
~"""'-'",~/""~:.OO~'~'~='~'_"~C,,":,~"~_"."'~'~'~'C-" .,
Certified Fee
CJ
CJ Return Receipt Fee
CJ (Endorsemenl Required)
CJ
Reslricled Delivery Fee
CJ (Endorsement Required)
ru
cO
D
[J'""
CJ
CJ
f'-
, .
__ State of Florida fa
DiVision of Administrative Hearings
Charlie enst
Govrmor
C,\~........
i-.....: "';F-. .J1,},.\
l.:.~;.1" ~i~::.\
.~ -..li<- I _.,_'~
I"'-..,T.""..i,,'. -::
l1f,''''t~~~~c.,
"~;~J.."!"=r.~ ~.f
'~'~
Harry L. J-lollper
Dl:'puty Chi/;'f
Administrativt' Law Judge
Robert S. Cohen
DIrector and Chief Judge
December 10,
o EG~\~ea~]"m'
2009\'
Claudia LIl;l,d6
Clerk of the DIvisIon
Townsley Schwab, Senior Director
Planning and Environmental Resources
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
QEe I 1\ 2009 xl
} .
GROUffi\ Mf\~~GElIlOO ONlSIO"
Re; GERALD AND KATHERINE WALSH vs. MONROE 'COUNTY FLORIDA,
Case No. 09-6381
Dear Mr. Schwab:
Enclosed is my Recommended Order in the referenced case.
Also enclosed are the Petitioner's Exhibits numbered 1-2 and the
Respondent's Exhibits numbered 1-2, Copies of this letter will
serve to notify the parties that my Recommended Order and the
hearing record have been transmitted this date.
Sincerely,
JOHN G, VAN LANINGHAM
Administrative Law Judge
JVL/ld
Enclosures
cc: Lisa Granger, Esquire
Gerald and Katherine Walsh
TIll.' DeSoto BuHd1l1g. 1230 ApaJadll.'c Parkway, Tallahass~l", Florida 32399-3060
MminiMrauve Law (8501 488-9675> SUNCOM 271;H)675 > Fa" Filing (850) 9:21 6847
Fa.x SUNCOM 291-6847 > Judges of Compensation Claims (850)487-1911
.....1..... rl......i-. ...+........ ~ .....
6
~
.c'.."r
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROECOUNT~FLO~DA
GERALD AND KA THERlNE WALSH, )
)
Petitioners, )
)
vs. ) Case No. 09-6381-
)
MONROE COUNTY FLORIDA. )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard at public hearing before the Code Enforcement Special Magistrate
on October 29, 2009, as scheduled, at the Monroe COWlty Government Regional Center, located
at 2798 Overseas Highway, Marathon, Florida. Petitioners presented two witnesses, namely
themselves, Mr. and Mrs. Walsh. In addition, Petitioner's Exhibits I and 2 were received in
evidence. Testifying ~ln behalfofRespondent were: Tiffany Stankiewicz, Development
Administrator; Timothy Douma, Biologist; and Townsley Schwab, Director of Planning and
Environmental Resources. Respondent's Exhibits I and 2 were admitted into evidence as well.
Having fully considered the evidence presented at hearing; and having considered the
parties' respective proposed recommended orders, which were timely filed in accordance with
the deadline established at the conclusion of the hearing, the following findings offact and
conclusions oflaw are made:
FINDINGS OF FACT
I. Petitioners Gerald and Katherine Walsh (collectively, "Walsh") are the owners of
record of property located at Block 10, Lot 15, Sexton Cove Estates, Key Largo, Florida (the
"Property"). The Property, which bears Real Estate Number 00532701-026800, is situated
te
. .
. '
.e
-
within Monroe CoWlty (the "County"), and accordingly is subject to the County's land use and
development regulations.
2. The Property is a waterfront lot containing a mobile home, which is a single-family
residence. The mobile home was placed on the lot in or around 1970; thus, it was there when
Walsh purchased the Property in ]989. The mobile home is not Walsh's primary residence; it is
used as a vacation home.
3. Some time after purchasing the Property, Walsh built a screened porch on the front of
the mobile home, facing the water. This construction was undertaken without a permit.
4. Walsh added the porch to provide additional space, which the family uses as a dining
area, The porch is an amenity that enhances the utility of the mobile home for the Walsh family
to such an ex.tent that, according to Walsh, the familyfs use and enjoyment of the Property
actually depends on the porch.
5. In February 2008, the County cited Walsh for having constructed the porch without a
permit, in violation ofthe County's building code. This citation initiated an enforcement action,
which proceeded to hearing before the Special Magistrate on April 24, 2008. _ The Special
Magistrate found that Walsh had violated two separate Monroe County Codes and ordered that
the Property be brought into compliance_ Walsh did not appeal the final order of the Special
Magistrate.
6. Shortly after the Special Magistrate issued his final order, the County informed Walsh
that, to cure the violations, Walsh would need to apply for and obtain either an after-the-fact
permit for the porch., which would authorize the continued existence of the structure, or a
demolition pennit authorizing the removal of the porch. On June 25,2008, Walsh applied for an
afi:er~the- fact permit.
7. By letter dated August 11,2008, the County's Planning and Environmental Resources
Department notified Walsh that the application for an after-the-fact permit had been denied. The
County gave multiple reasons for refusing Walsh's application. including the failure of the porch
to meet the County's shoreline setback requirements. The letter notifying Walsh of the Countis
decision informed Walsh ofthe right to appeal the County's decision by submitting a completed
appeal form within "30 working days. II
2
11
. l_
iff
B. Walsh elected not to appeal the denial ofthe application for an after-the-fact pennit.
Instead, on September 2,2008, Walsh submitted an application for a detennination of beneficial
use, giving rise to the instant proceeding.
9. The evidence shows, and the undersigned finds, that if Walsh were required to
demolish the porch to bring the Property into compliance with the County's codes, an outcome
which is the logical ramification of the decision to deny an after-the-fact permit for the structure,
then the Walsh fumily's use and enjoyment of the Property would be curtailed because the large,
extended Walsh family would no longer be able to dine together on the porch. The inability of
the Walsh family to USe the Property in the manner to which they have become accustomed, and
in accordance with their desires, no doubt would be a grave disappointment, to say the least, and
probably a source of frustration and anger too, all ofwhich likely would make the Property less
, ,
attractive and less valuable to the Walsh family.
10. Nevertheless, the evidence presented at hearing is insufficient to establish that the
County's denial of Walsh's application for an after-the-fact permit respecting the porch
constitutes a deprivation of aU, or substantially alL economic, beneficial, or productive use of the
Property. There is no persuasive evidence concerning the objective dimfuution in the Property's
value, ifany, that the removal of the porch would cause, and thus no basis for a determination
that such diminution would be "substantiall1 relative to the Property's fair market value as a
whole. There is, further, no evidence that the COWlty'S decisions have interfered materially with
Walsh's reasonable expectations, if any, concerning the return on an investment in, or involving,
the Property. FinaHy, there is no evidence that the regulations behind the County's decisions,
which regulations adjust the benefits and burdens of property ownership, were intended for some
purpose or purposes other than the promotion of the common good,
11. There is evidence, however, to support the finding, which the undersigned hereby
makes, that if the screened porch were removed, the Property still could be used as a waterfront
residence or vacation home, as it was when Walsh purchased the Property, because the mobile
home can lawfully remain in its present location regardless of what happens to the porch. The
undersigned determines, as a matter of ultimate fact, that such use would constitute a substantial
economic, beneficial, or productive use of the Property.
12. Walsh argues that the County's detennination that the porch vio lates setback
requirements is in error. The undersigned declines to make any findings of fact regarding this
3
<6
.8
-
particular contention because he concludes, as set forth below, that the purpose ofthis
proceeding is not to review the correctness (on the merits) ofthe final decision that allegedly has
resulted in a taking of property; Walsh could have appealed the decision had he wanted such a
review. The goal here, rather, is to determine whether the County's decision effectively has
caused an unconstitutional taking of property. The question at hand, in other words, is not
whether the County was right to deny Walsh's application for an after-the-fact permit, but
whether the denial would cause such a deprivation as to be an unconstitutional taking of Walsh's
Property (absent compensation).
CONCLUSIONS OF LAW
13. The undersigned, as Special Magistrate, has jurisdiction to conduct a hearing on an
application for a beneficial use determination and to make a reco'mmendation to the County's
,
Planning Director regarding whether relief is appropriate. See MARATHON COUNTY, FLA_,
CODE art. N, div. 1 ("CODE"), ~ 102~1O6 (2009).
14. It was "the purpose and intention of the county conunlssioners," in adopting the
ordinances establishing the right to obtain a beneficial use determination, "to ensure that each
and every landowner [would have] a beneficial use of his property in accordance with the
requirements of the Fifth and Fourteenth Amendments to the United States Constitution and to
provide a procedure whereby landowners who believe they are deprived of aH beneficial use
may secure relief through an efficient nonjudicial procedure." CODE ~ 102~79. The beneficial
use determination ("BUD") process affords a nonjudicial forum for the resolution of "a
landowner's claim that a land development regulation. - . has had an unconstitutional effect on
property. . . ." CODE ~ 102-103(b). When, "after a fmal decision or action by the county," a
"landowner is of the opinion that the adoption or application of a county land development
regulation . . . has caused a taking of the landowner's property, " the landowner must exhaust
his administrative remedies in a BUD proceeding "prior to seeking relief from the courts."
CODE ~ 102-102.
15. As the applicant, Walsh has the burden of proving, by a preponderance of the
evidence, that relief is appropriate. See CODE ~ L02-109(b).
16. The standard of decision in a BUD proceeding is set forth in Section 102-109 of
the CODE as follows:
4
1
, to
-
In furtherance of the purpose and intent of this division, . . .
relief under this division may be granted where a court of
competent jurisdiction likely would determine that a final action
by the county has caused a taking of property and a judicial
finding of liability would not be precluded by a cognizable
defense, including Jack of investment-backed expectations,
statutes of limitation, laces, or other preclusions to relief.
Whether such liabil ity, at the time of application under this
division,likely to be established by a court should be detennined
based on applicable statutory and case law at the time an
application is considered under this division.
17. As the foregoing provisions of the CODE make clear, the ultimate issue to be
detennined in a BUD proceeding is whether the County's adoption or application of a land use
regulation has so narrowed the landowner's range of interests in his private property as to
constitute a "regulatory taking" of the property, which would be constitutionally impermissible
unless the government were to compensate the landowner for his loss. Neither the wisdom of
the land use regulation, nor the rightness of its application in a particular situation, is an issue
in a BUD proceeding~ In light of these conclusions, the undersigned has declined to reach
Walsh's contention that the County misapplied the shoreline setback requirements vis-a~vis the
Property .
18. In general, an intensive factual inquiry is necessary to answer the question of
whether a regulation "goes too far" and constitutes a taking. See,~, Lucas v. South
Carolina Coastal Council, 505 U.S. 1003, 1014-15, 112 S. Ct. 2886,2893, 120 L. Ed. 2d
798, 812 (1992). There are, however, "two discrete categories of regulatory action [that the
U.S. Supreme Coun has described] as compensable without a case-specific inquiry. . . ." Id.
at 1015, 112 S. Ct. at 2893, 120 L. Ed. 2d at 812. The fIrst involves "regUlations that compel
the property owner to suffer a physical 'invasion' of his property." Id. The second set of per
se unconstitutional takings comprises situations where the "regulation denies all ecooomicaIly
beneficial or productive use of the land." rd., 112. S. Ct at 2893, 120 L. Eel. 2d at 813,
Claims that fall into one or the other of these categories are sometimes referred to as
"categorical" or "facial" takings.
19. Walsh neither asserted nor attempted to prove that the County has physically
invaded the Property. Moreover t as the findings above show, while the County would deprive
5
tu
8
-
Walsh of a particular amenity (the screened porch), it otherwise would leave alone the Walsh
family's rights to use and enjoy the Property as a waterfront vacation home. Such an outcome
would not be a trivial deprivation to the Walsh family, which prizes the porch, but neither
would it amount to a total deprivation of all beneficial or productive use of the Property. It is
concluded, therefore, that the instant case does not involve an alleged "categorical" taking.
20. Walsh's claim is best understood as asserting an "as-applied" taking, in which "the
landowner challenges the specific impact of the regulation on a particular property." Shands v.
City of Marathon, 999 So. 2d 718, 723 (Fla. 3d DCA 2008). The standard for decision in a
case involving an alleged as-applied taking is Mwhether there has been a substantial deprivation
of economic use or reasonable investment-backed expectations." Id. (emphasis in original).
,
This standard differs from the more stringent, total deprivation standard applicable in facial
. .
takings cases. but it is nevertheless a difficult one to meet because "[p J roof of a substantial
deprivation · requires a fact-intensive inquiry of the impact of the regulation on the economic
viability of the landowner's property by analyzing permissible uses before and after the
enactment of the regulation.''' Golf Club of Plantation. Inc. v. City of Plantation, 717 So, 2d
166, 169 {Fla. 4th DCA 1998) (quoting Tavlor v. VUlage of North Palm Beach, 659 So. 2d
1167, 1171 n.l (Fla. 4th DCAI995)).
21. The fact-fmder in an asMapplied claim should consider several factors that the U.S.
Supreme Court has identified as having "particular significance." Penn Central Transp. Co. v.
New York CitY:, 438 U.S. 104, 124, 98 S. Ct. 2646, 2659, 57 L. Ed. 2d 631, 648 (1978). As
the Court observed in Penn Central,
The economic impact of the regulation on the claimant and
particularly, the extent to which the regulation has interfered with
distinct investment-backed expectations are, of course, relevant
considerations. ... So, too, is the character of the
governmental action. . . , [which will not readily be deemed a
"taking" when] interference [with the property] arises from some
public program adjusting the benefits and burdens of economic
life to promote the common good.
Id.
22. The undersigned considered these factors in evaluating the evidence presented and
found, as set forth above, that the evidence was insufficient to establish a substantial
6
II
8
e
deprivation under the Penn Central framework. Based on the existing record. therefore, it is
concluded that a court of competent jurisdiction would not likely determine that the County has
caused a taking ofWa]shrs property_ Accordingly, relief is not appropriate in this instance.
Based on the foregoing Findings of Fact and Conclusions of Law, it is
RECOMMENDED that Walsh not be granted relief.
DONE AND ENTERED at the Division of Administrative Hearings, TaUahassce,
Florida, this 10th day of December, 2009.
JOHN G. VAN LANINGHAM
Code Enforcement Special Magistrate
COPIES FURNISHED:
Gerald and Katherine Walsh
9500 Northwest 37th Court
Coral Springs, Florida 33065
Lisa Granger, Esg uire
Assistant Monroe County Attorney
1111 12th Street, 4th Floor, Suite 408
Key West. Florida 33040
Townsley Schwab, Senior Director
Planning and Environmental Resources
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
7
\1..-
-
~
'~
~
I?'
~'Il\.nOm~lC.f: ' ,
. ~"$~ .
211\ "'" ~" 1
.~ , ,.(
"ff ,--
~ FLOR)/t.,
... I
~~ ~~-~:..~~
..-... ~ - -fIII--...~--~ - ",--
· Department of (I
Environmental Protection
Jeb Bush
Governor
South District, Marathon Branch Office
2796 Overseas Highway, Suite 221
Marathon, Aorlda 33050-4276
. Telephone 305/289-2310
Colleen M. Castille
Secretary
September 30, 2005
Mr. and Mrs. Gerald Walsh
9500 N.W. 3ih Court
Coral Springs, FL 33065
Re: Monroe County.~ ERP
File No. 44~0254392-001
Lt. 15, Bk, 10, Sexton Cove
30 Se~lon Cove Rd., Key Largo
Dear Mr. and Mrs. Walsh:
,
Thank you for your application to replace a storm damaged dock wi,th a 215 square foot
wooden dock in Florida Bay, Section 1, Township 61 South, Range 39 East, Monroe County. This
type of activity may require authorization for construction and operation of tht7 project (regulatory
authorization), unless otherwise exempt by statute or rule, and an authorization to use state-owned
submerged lands (proprietary autb.orization). YOur reqtlest has been reviewed for both authorizations.
The authorizations you have been granted are listed below. Please read each section carefully. Your
project MAY NOT have qualified for both authorizations. If your project did not qualify for one or
more of the authOlizations, then that specific section will advise you how to obtain it. You may NOT
commence your project without both authorizations. If you change the project from what you
submitted, the authorization(s) granted may no longer be valid at the time of conunencement of
the project. Please contact us prior to beginning your project if you wish to make any changes.
REGULA T,ORY REVIEW - APPROVED
Based on the information you sent to us, we have determined that your project is exempt
from the need for an Environmental Resource Permit (ERP). You must comply with the cliteria
and limiting conditions in accordance with Section 40E.4.051(3)(d), Florida Administrative Code.
(
PROPRIETARY REVIEW - APPROVED
Your project Occurs on state-owned, submerged land and will require authorization from rhe
Department to use tl~ese lands for pIivate purposes. The Department has reviewed your project as
described above and on the attached documents and/or drawings. and as long as the work performed is
located within the boundaries as desclibed and is consistent with the terms and conditions therein, we
find your project qualifies for a consent to use state-owned submerged lands. This consent is
conditioned upon acceptance of and cOl:npJi~.nce with the. attached General Consent Conditions.
~ -, . ,.r. f:,;i ..."' .
Printed on recycled pope,.
p~~~Ct2
If
At-7plicillion No.: 44-0254392-001_
- .Aj1plicant: Mr. and Mrs. Gerald WHish
Page 2 of2
e
A copy of your notice also ~JlS.been. sent, to the U.S. Army Corps of Engineers (USACOE) for
review. The USACOE may re~uire a separa rmiL Failure to obtain this authorization prior to
construction could subject;You to enforceme action by that agency. For further infonnation, you
should contact the USACO at 305-526-7181
This notice constitutes final agency action and is subject to the provisions of Chapter 120, F.S.
If you have any questions, please contact me at the letterhead address, by telephone at
(305) 289-2310, or by email atJerry.Buckley@dep.state.fl.us. When referring to this project, please
reference the file number listed above.
Sincerely"
O"~
k';2y'
Environmental Specialist II
Submerged Landt and
Environmental Resource Program
GKljgb
Enclosures:
Rights of Arfecled Parties
Notice of Delerminalion of Exemption
Stale Lands General Consent Conditions
cc: U.S. Army Corps of Engineers, Miami
Bureau of Public Lands Administration
\(
, .
County of Monroe
Growth Management Division
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 3JOSO
Voice: (305) 289.2500
FAX: (305) 289-2536
Board of COUl1tv Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Mario DiGennaro, Disl. 4
Commissioner GC'Orge Neugent, Disr. 2
Commissioner Oix ie Spehar, Dist. t
Commissioner Sylvia 1. Murphy, Dist. 5
We strive to be caring, prlPfessional and fair
August 11,2008
Gerald and Katherine Walsh
9500 NW 37th Court
Coml Springs, FL 33065
.' ,
RE: Permit Application # 08302374. After-the-Fact Screen Porch, Block 10, Lot IS, Sexton Cove Estates, Key
Largo, Real Estate No. 00532701-026800
Dear.Mr. and Mrs. Walsh,
The Planning and Environmental Resources Department has reviewed your after-theMfact application for a
screened porch on your above referenced property in Key Largo. Unfortunately, we are unable to penn it the
screened porch application as presented for the following reasons:
A site visit and a review of historical aerial photographs have detennined that this open water parcel was created
by fill and is not adjacent to a manmade (dredged) canal, channel or basin. Monroe County Code (MCC) Section
349 Shoreline Setback, establishes development standards along such shorelines for principal structures, stating
specifically;
Sec. 9.5M349(b) Principal Siroelures shall be set back asfollows:
(3) Along open water shorelines not adjacent to manrnade canals, channels, or basins, and which
have been altered by the legal placement offill:
a. And where a mangrove fringe of at least ten (10) feet in width occurs across the entire
shoreline of the property, principal structures shall be set back at least thirty (30) feet as
measured from the mean high water (MHW) line or the landward extent of mangroves,
whichever is further inland.
b. And where no mangrove fringe exists. principal structures shaH be set back at least thirty (30)
feet from the mean high w~ter (MHW) line, provided that native vegetation exists or is
planted and maintained in a ten (10) foot width across the entire shoreline as approved by the
county biologist, and is placed under conservation easement; otherwise, the setback shall be
fifty (50) feet as measured from the mean high water (MHW) line.
c. On in fill lots surrounded by signi ticant development where principal Structures are set back
less than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves,
the director of planning and environmental resources may evaluate the community character.
the presence or absence of environmental features, and the setbacks on adjacent developed
properties within two (2) parcels on either side of proposed development, and may allow
J.' L L. t- \
f-t ,>f\.J l^ t.....q
[tp
e
principal structures to he set back as far as practicable or in line with adjacent principal
structures. In DO event sball the setback be less than twenty (20) feet (emphasis added).
Since the existing mobile home does not meet any of the setbacks stated above bur was placed prior to current
setback regulations, it is considered a legally nonconforming structure. As such, MCC Section 9.5-144
Nonconforming Structures allows it to remain and undergo ordinary maintenance and repair. However, Section
9.5-1 44(c) Enlargements and Extensions states;
Nonconfonning structures which are used in a manner conforming to the provisions of this chapter may
be enlarged or extended provided tbat the nonconformity is not furtber violated (emphasis added).
Jerefore, if the screened structure is considered a part of 1 an addition to the principal structure, it cannot be
a proved due to the fact that it further violates the existing no conforming setback for principal structures.
S auld the screened structure be considered an accessory to he principal structure, development is governed by
CC Section 9.5-349(0) Accessory Structures. which states, in part;
Accessory structures within the shoreline setback shall be constructed at a foundation height not to
exceed eighteen (I 8) inches above existing grade and shall meet the following design criteria:
(2) Along open water shorelines which have been altered by the legal placement of fill, and where a
mangrove fringe of at least ten (10) feet in width occurs 'across the entire shoreline of the property
(or where native vegetation exists or has been planted in a ten foot width):
a. Tn no event shall the total) combined area of all structures occupy more than thirty (30)
percent of the shoreline setback.
b. Accessory structures other than docks and erosion control structures shall be set back a
minimum of fifteen (15) feet, as measured from the mean liigh water (MHW) line or the
landward extent of the mangroves. . .
Therefore, while compliance with the 30 percent coverage of aU structures in the shoreline setback is unknown.
since the screened structure exceeds the foundation limit of eighteen inches and the minimum setback requirement
of fifteen (IS) feet, it cannot be approved as an accessory structure as built.
Additionally, MCC Section 9.5-349(f) Enclosed Structures and Gazebos states, in part:
Non.enclosed gazebos must be detached from any principal structure on the parcel. . . Any gazebo within
the shoreline setback (30 feet in this case) shall not exceed two hundred (200) square feet in area and the
highest portion of the roof shall not be more than twelve (12) feet above grade.
n appears that the screened structure, if considered a gazebo, may exceed these size and height restrictions, and
therefore cannot be approved as such.
In summary, the screened structure, as built. cannot be approved for the following reasons:
1. If considered part of the principal structure, the screened structure does not meet the minimum thirty (30)
or twenty (20) foor setbacks required by MCC Section 9.5-349 Shoreline Setbacks
2. If considered part of the principal structure. the screened structure further violates the nonconfonnity, as
prohibited in MCC Section 9.56144 Nonconforming Slructures.
3. If considered an accessory structure, the foundation height and setback is not in compliance with, and the
percent coverage may not be in compliance with, the limits set forth in MCC Section 9.5-349(c)
. Accessory Structures.
4. If considered an accessory gazebo, the structure exceeds the two hundred (200) square foot limit and the
twelve foot height limit ofMCC Section 9.S-349(f) Enclosed Structures and Gazebos.
Alternatively, a screened structure could be pennined on the property provided that: the foundation does noteexceed eighteen (18) inches above grade; the height does not exceed twelve (12) feet: the size does not exceed
(4
e
.
two hundred (200) square feel; the structure is set back from MHW at least fifteen 05) feet; and, the cumulative
coverage of all structures within the thirty (30) foot shoreline setbaclc area does not exceed thirty percent (JO%).
Should you wish to appeal this administrative decision, please submit a completed appeal form (enclosed) to each
of the following offices listed below within 30 working days of the receipt of this letter.
Planning Commission Coordinator
Monroe County Planning Department
Suite 400
2798 Overseas Highway
Marathon, FL 33050-2227
Roman Gastesi, County Administrator
Public Service Building
Wing ill
5100 Cotlege Rd.
Key West, FL 33040
rf you have any questions or need assistance, please do not hesitate to contact me.
Sin/ly,
/(//\~;~~~
Ralph Gouldy /
Senior Administrator, Environmental Resources
Monroe County Growth Management Division
(305) 289~2S00
cc; Roman Gastesi, County Administrator
Andrew Trivette, Director of Growth Manngement
TOMlSlcy Schwab, Planning Direcror
Joe Paskalik, Building Official
Dan Gargas, Assistant Building Official
Timothy Douma. Biologist
Planning Commission Coordinator
It
g e'tatd 'l/ CW af~h, ~ c:If.
clltto'tnE.!:J a.t Law
9500 NW, 37TH COURT
CORAL SPRINGS, FLORIDA 33065
8ROWARD (954)755-9310
FAX (954)755-9294
August 19, 2008
Planning & Environmental Resources Department
COWlty of Monroe
Growth Management Division, Suite 410
2798 Overseas Highway
~arathon,FL 33050
Re: Application for beneficial use determination
Gerald V. and Katherine A. Walsh
Permit Application #08302374
Real Estate No. 00532701~026800
Gentlemen:
We hereby apply for a beneficial use detennination under Article VI, Division 2,
Section 9.5.171 of the Monroe county Code for a screen porch that we added to our
mobile home in North Key Largo without a proper building permit. An after-the-fact
building pennit was applied for but denied by letter dated August 11, 2008.
The improvement made to our property is descrihed a~ a non-enclosed efl7/'~bo
constructed within the waterside setback and not attached to a principal structure
previously existing on the property. The improvement was inadvertently constructed
slightly higher and slightly larger than the Code authorizes, and cannot be reasonabfy
~odified to comply with the parameters of the Code. -
-
Contrary to the conclusion of the August 11 pennit denial, the mobile home that
exists on the property conforms to applicable setback requirements, and in any event, the
improvement that is the subject to this application is not an enlargement or addition to the
principal structure. .
(Lt SfovtAe..~- 2-
Iq
.,
This is not an appeal of the administrative order, which denied a building permit,
because the improvement made to the property admittedly inadvertently exceeded the
height and size allowed by the Code.
We hereby ask that a beneficial use determination be made with respect to the
new construction. because it improves the appearance of the mobile home, does not
detract from the appearance, use or occupancy ohny adjacent property, and is
completely in keeping with the character of the neighborhood. In this regard, see the
attached pictures of the neighborhood. The enforcement of Code provisions in this
instance is not required to protect the health, welfare or safety of the Public or
neighboring property owners.
The inability to increase the size of the usable covered space of a singlewide
mobile home is a clear deprivation of the economic value oftbe property, and the
County's demand that the improvement be destroyed, and co,g,ts and labor be wasted,
because the structure doesn't meet arbitrary parameters is unreasonable.
< .
We ask that an evidentiary hearing under Article VI, Division 2. Beneficial Use
Section of the Monroe County Code be scheduled so that infonnation can be presented
which will show the suitability ofthe structure within the neighborhood, and the
unreasonableness of the reque that the structure be demolished and costs incurred
because it doesn>t meet t e pal'Jters. We ask that relief be granted under Section
9.5-173 of the Code. / ~/ /'y ,
Signed' ;~~
Ge~~. LJ~
atherine A. Walsh
'l-'D
To:
From:
Through:
Date:
Subject:
MEMORANDUM
MONROE COUNTY PLAt""lNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to he caring, profesliional andfair
Special Magistrate
Tiffany Stankiewicz, De~:g.ment Administrato~/6'
Janis Vaseris, BiologistJV ~
Tim Douma, Biologist
Townsley Schwab, Director of Planning & Environmental Resources&
September 2, 2009
Request for Beneficial Use for Gerald & Kathenne Walsh
Lot 15, Block 10, Sexton Cove Estates, Key Largo,
Real Estate No. 00532701.026800
1 I Requested Relief/Introduction
2
3 Gerald & Katherine Walsh ("Applicants"), are requesting beneficial use for the property
4 described in Section II below that has a lawfully existing residential structure. Applicants are
5 seeking to have a gazebo constructed in the shoreline setback permitted after-the-fact. The
6 applicants desire the recision of the demolition order; the stop work order, and the granting of a
7 building pennit for the gazebo to complete the structure and make it bug proof.
8
9 Pursuant to Section 102-79 of the Monroe County Code ("MCC"), the pUIpose and intention of
10 the Beneficial Use Detennination (BUD) Ordinance is to "ensure that each and every landowner
11 has a beneficial use of his property in accordance with the requirements of the Fifth and
12 Fourteenth Amendments to the United States Constitution and to provide a procedure whereby
13 landowners who believe they are deprived of all beneficial use may secure relief through an
14 efficient nonjudicial procedure." The BUD Ordinance "is not intended to provide relief related
15 to regulations promulgated by agencies other than the county or to provide relief from claims that
16 are not cognizable in court at the time of application. . .." S 102-103(b).
17
18 II LEGAL DESCRIPTION & ZONING INFORMATION
19
20 Location: Lot 15, Block 10, Sexton Cove Estates, Key Largo, Real Estate No. 00532701.026800
21
22 Lot size: The lot is a irregular size of approximately 50 x 75, the land area based on the property
23 record card is 3,800 square feet.
24
Page 1 of3
Walsh BUD StfRpt dated 09022009.doc
Reviewed hy"B-
2-1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Land Use District: Urban Residential Mobile Home District (URM)
PLUM: Residential High (RH)
Tier: 3
III Property History
The Monroe County Property Appraisers Office based on archive records has given the property
an assessement for a mobile home since 1970.
Existing Use: Building Permit #28358 was issued for trailer tie down and trailer hook-up on
November 8,1972.
The property was purchased by the current owners August 31, 1989 for $85,000.
The Monroe County Building Department records indicated Gerald V. & Katherine A. Walsh
have applied for two building permits.
I) Building permit application 05305661 was submitted on October 18,2005, for the
demolition of a 660 square foot mobile home, steps, & concrete ramp. The permit was
issued January 9,2006 and it subsequently expired.
2) The next Building peml.it application 08302374 was submitted June 25, 2008 for an after-
the-fact screened porch (wood). On August 11,2008, Ralph Gotildy, Senior
Administrator, Environmental Resources wrote a letter to the applicants indicating the
reasons the Department is unable to permit the screened porch application. The letter
also, specified an alternative for permitting a screened structure. The applicants had the
right to appeal the administrative decision within thirty (30) working days of the letter.
The applicants did not appeal the administrative decision made on August 11,2008.
Instead, the applicant applied for Beneficial Use in order to have the after-the-fact
screened porch permitted. In February 2008, the applicant was cited by Monroe County
Code Enforcement for the wood structure. Subsequently, the Code Enforcement Special
Magistrate found the applicant in violation as cited in Code Enforcement Case Number
CE08020010 on April 24, 2008, and imposed a lien on the property on August 28, 2008,
until the property is brought into compliance.
IV Environmental Background
The subject property is a scarified lot with a mobile home and is located adjacent to Sexton
CoveIFlorida Bay. The site also contains areas of concrete, gravel, sparse grasses, and areas
landscaped with non-native and invasive exotic vegetation. Non-native species observed were
Coconut Palm and Bouganvillea; invasive species include Brazilian Pepper, Oyster Plant, and
Mother~in-Law Tongue. There is a concrete boat ramp on the northern edge of the property and a
concrete marginal dock along much of the remaining shoreline. An unpennitted wooden dock
constructed sometime between February 2006 and February 2007 extends from the marginal
page:l of3
Walsh BUD StfRpt daled 09022009.doc
Reviewed by~
"bl...
1 dock into Florida Bay. The mobile home is situated along the southwest side of the lot, five to
2 six ft from the southwest property line and approximately 15 feet from the shoreline. The
3 location of the mobile home does not meet the minimum shoreline setback, but was placed prior
4 to current setback regulations so it is considered a legally nonconforming structure. The screened
5 structure in question is located directly between the shoreline and the mobile home. The
6 surrounding neighborhood is a mix of older legally nonconforming mobile homes and newer
7 confonning homes.
8
9 V RECOMMENDATION
10
11 Staff recommendation is denial of the requrested beneficial use relief, because Applicants already
12 have a beneficial use of their property with their permitted single-family dwelling unit, and the
13 application of the county's land development regulations or comprehensive plans have not
14 resulted in an unconstitutional taking of their property. A residential use has existed on the
15 subject site since 1970. Denial of the after-the-fact permit for the gazebo does 'not deprive
16 Applicants all beneficial use of their property.
17
Page 3 of3
Walsh BUD Stf Rpt dated 09022009.doc
Reviewed by L
"'23
MONROE COUNTY, FLORIDA
DEPARTMENT OF PLANNING AND ENVIRONMENTAL
RESOURCES
APPLICATION FOR
BENEFICIAL USE DETERMINATION (BUD)
Administrative Fee: $ 1,437.00
This application is intended to facilitate processing of applications submitted pursuant to
sections 102-102 through 102-110 of the Land Development Regulations (LDRs), Beneficial
Use Determinations (the BUD Ordinance). '
Please provide all information required by Section 102-105(b), of the BUD Ordinance.
Incomplete applications will be returned to the applicant and will not be processed. A
separate application and application fee must be submitted for each parcel, unless
contiguous parcels are the subject of the application. Please attach additional sheets as
,'.,-~ necessary in order to respond fully the requirements of the BUD Ordinance.
In accordance with the process set forth in Section 102-105, of the BUD, once a complete
application is accepted, a special master will be assigned to make a recommended
determination to the Board of County Commissioners. The special master may require the
applicant and! or landowner to provide additional information in order to make a
determination.
If you have any questions or need assistance to complete this application, please contact the
Planning Department at (305) 289-2500.
TO BE COMPLETED BY THE PLANNING DEPARTMENT:
Date Application Received by Department:
Date Application Transmitted to County Attorney:
Application Deemed Sufficient? See ~102-105(d), LDRs. Yes No
If Yes:
(i) Date Application Deemed Sufficient:
(ii) Complete Last Section of this Form.
IfNa, date of Notice to Applicant; see ~102-105(d)(1), LDRs:
PAGE 1 OF8
BENEFICIAL USE ApPLICATION
TO BE COMPLETED BY THE APPLICANT: Please complete this
section and provide all requested information. In addition to the information
requested here) the applicant may provide any other information relevant to the
determination of the special master, in accordance with the criteria set forth in
the BUD Ordinance, including section 102-109, "Beneficial Use Standards,"
and section 102-110, "Granting of Relief."
1. CONTACT INFORMATION:
a. Landowner Information
Name:
GERALD V. AND KATHERINE A. WALSH
Address:
9500 N.W. 37 Ct.
Coral Sprinqs, FL 33065
Phone Number:
(305) 451-4064
(954) 755-9310
b. Agent/Applicant (If different from Landowner):
Name:
Address:
Phone Number:
PAGE 2 oF8
BENEFICIAL USE ApPLICATION
2. LEGAL DESCRIPTION (please include a copy of the County
property record card with the application):
a. Lot 15 Block 10
b. Subdivision SEXTON COVE ESTATES SUBDIVISION
c. Island (Key) KEY LARGO
d. Real Estate (RE) Nwnber 532701-026800
3. LETTER OF AGENCY:
If a person other than the landowner is requesting a Beneficial Use
Determination, please include a notarized letter of agency from the landowner
authorizing the person to represent them with respect to this application.
Except as specifically provided otherwise in the BUD Ordinance, the
landowner will be bound by the representations, obligations, and agreements
made by the Iandownees agent in the course of the BUD process.
4. DATE OF ACQUISITION; ATTEMPTS TO SELL:
a. What date was the Property transferred to the Landowner? Please include a
copy of the deed with this application. Augus t 31, 1989
b. From who was the Property transferred?
LUCILLE S. McCLEAN
c. What was the purchase price of the Property? $ 85, 000 . 00
d. List the date, amount, and party name for any offers by another person or
entity to acquire the Property, whether written or verbal.
Date Amount of Offer Name of Offeror
NONE $
$
$
$
PAGE 3 OF 8
BENEFICIAL USE ApPLICATION
e. Describe any attempts to sell the Property, including any offers, the
approximate dates the Property was for sale, the asking price, and, if offers
were made, the name of the person or entity making the offer.
Date Asking Price Name of Potential Purchaser(s)
NONE $
$
$
$
5. FINAL DECISION OF THE COUNTY:
Please provide the specific decision of the County for which relief is requested.
Include the effective date of the decision, the LDR or Comprehensive Plan
policy upon which the final decision was based, and the County agency or
official making the fmal decision.
(After the fact
c. Date Building Permit Application Filed: ,TunA ?: S, ? 0 0 R bui Iding permi t . )
d. Was a Building Permit Granted? no
e. If yes, on what date?
a. Effective Date and/ or Date of Final Decision Other than Building Permit:
August 11, 2008
b. County agency or official making Final Decision:
Planninq and Environmental
Resources Dept. - Growth Monogpmpnr
f. Section number of the LDR upon which Final Decision was based, if
applicable: Section 118-12 (f) Gazebos
g. Goal, Objective, or Policy Number of the Comprehensive Plan upon which
Final Decision was based, if applicable: structure believed to exceed
height and squarp fooh'gp of .=111 o~!/al)J E' <;;:tr'lC'tnres.
h. Additional information related to the Final Decision of the County:
PAGE 4 OF8
BENEFICIAL USE ApPLICATION
6. DESCRIBE IN DETAIL THE PROPERTY'S PHYSICAL AND
ENVIRONMENTAL FEATURES, TOTAL ACREAGE, AND THE
NUMBER OF SQUARE FEET OF HABITAT TYPES
CURRENTLY FOUND ON THE PROPERTY. PLEASE
INCLUDE A BIOLOGIST'S STATEMENT OF HABITAT
VERIFYING THIS INFORMATION.
Habitat Type: Residential
Real property - single wide
Mobile Home.
Square Feet
648
TOTAL SQUARE FEET /
ACREAGE OF PROPERTY: 3726 square feet.
7. INDICATE THE USE OF THE PROPERTY AS FOLLOWS:
a. At the time of acquisition by the Landowner: residential prop. sing.1e family
b. At the time of the Final Decision indicated above: residential prop. . single fan
residential prop. single
c. At the time of submittal of the BUD Application: famil y- improved by. gazebo
d. In any manner not described in a-c above:
8. DESCRIBE THE TYPE AND EXTENT OF ANY
DEVELOPMENT ON THE PROPERTY, INCLUDING ANY
ADJACENT PROPERTY CURRENTLY OR PREVIOUSLY
OWNED BY THE LANDOWNER OR USED IN CONJUNCTION
WITH THE PROPERTY.
Lot improved by single wide mobile home and screened porch, wooden
dock, chain link fence, patio and boat ramp.
PAGE 5 OF 8
BENEFICIAL USE ApPLICATION
9. DESCRIBE ANY IMPROVEMENTS TO THE PROPERTY,
INCLUDING THE DATE EACH IMPROVEMENT WAS MADE
AND THE COST OF THE IMPROVEMENT.
Sinqle wide mobile home, 1969, cost unknown
Seawall, 1974 cost unknown; Patio 1980 cost unknown
Boat ramp, 1974 cost unknown; Chain link fence'79 cost unknown
Patio 1980 cost unknown: Asphalt paving '81 cost unknown
Wooden dock '02 cost $1,000.00
lO.DESCRIBE THE ALLOWABLE USES OF THE PROPERTY,
FROM THE TIME THE LANDOWNER ACQUIRED IT UNTIL
THE TIME OF THIS APPLICATION, INCLUDING
ALLOWABLE DENSITY FOR THE SITE, PERMITTED AND
CONDITIONAL USES, OPEN SPACE RATIOS, AND OTHER
FACTORS AFFECTING THE PROPERTY'S DEVELOPMENT
POTENTIAL.
Property limited to sinqle family residence.
11. DESCRIBE IN DETAIL THE FORM OF RELIEF DESIRED BY
THE LANDOWNER, PURSUANT TO SECTION 102~110 OF THE
BUD ORDINANCE.
Applicants desire the recision of the demolition order,
and the stop work order, and granting of a building permit
for the gazebo to complete the strll~t:tlre and make it: bl1g-
proof accordinq to the design submitted.
12.PLEASE INCLUDE WITH THIS APPLICATION MAPS THAT
SHOW THE PROPERTY, AS FOLLOWS:
a. at the time of acquisition;
b. at the time of the Final Decision of the County;
PAGE 6 OF 8
BENEFICIAL USE ApPLICATION
c. at the time of submission of the BUD application.
Maps should indicate the land use designation, future land use designation~
aerial photography, and environmental conditions and habitat on the property
at the above times.
13.DESCRIBE ALL EFFORTS TO SECURE DEVELOPMENT
APPROVAL FOR THE PROPERTY, INCLUDING DATE OF
APPLICATION; NAME OF THE LOCAL, STATE, OR FEDERAL
PERMITTING AGENCY; NATURE OF APPROVAL, DENIAL,
OR APPEAL SOUGHT; DISPOSITION; AND THE DATE OF
DISPOSITION. .
After-the-fact building permit applied for on June 25, 2008,
which was denied on August 11, 2008.
14. PLEASE ATTACH ANY LETTERS OF COORDINATION
REQUIRED BY SECTION 110-141 OF THE COUNTY LAND
DEVELOPMENT REGULATIONS.
In accordance with section 102-105(c), LDRs, please read and attest to
the following:
ALL INFORMATION PROVIDED AS PART OF THIS
APPLICATION HAS BEEN VERIFIED AND IS TRUE AND
$)ff~
5//0{ / !/f
, ,
Applicant's Signature
&lc~A J./J Y,. WA L$ /7
Date
Applicant's Printed Name
Sworn before me this A:( Af- day of #A ,Y
\"WltlIllIllltJll.
"",~~~ J~ 1-i1.J'11~;"
.::-~__'-V .......... ~~~
s ~--.... ..... '\~ ~
f "./ ~OTAI?)- ...."$) \
F fMYComm, EXPi'es\ ~
:: : July 31, 2009 i "
~ .n:" NO.00432712 : cr f
'....;,.. '_...~
\. "'S"~..,1'lIBL\c. .,/~ f
"'", 'i!::............O~,~
~~';~/Jlr 0 F 'f~ \"........,....::-
/{/r~lJunnl~\\
jcL
.
Notary Public
My Commission Expires
PAGE? OF8
BENEFICIAL USE ApPLICATION
Landowner's Signature, if different than Applicant
Date
Landowner's Printed N arne, if different than Applicant
Sworn before me this
day of
,2
Notary Public
My Commission Expires
STOP. THE FOLLOWING IS TO BE COMPLETED BY THE
PLANNING DEPARTMENT.
Date of County notice of sufficiency mailed to Applicant:
Name and Contact Information of Special Master:
Name:
Address:
Phone Number:
Date application and any additional materials mailed to Special Master by
Planning Director
PAGE 8 OF8
:2 41'
0- :::I, '<t
m 4-
..- >, 0
..- ......'
N (I)' ..-
:::J~
..- ..,
CO
CO 0 G>
0 0 Ol
0 N ll:l
N --
(0 0.
~ ..- 41'
n:I -- ::s ~
t"')
G> 0 ~
>-
- C ~ (I)
0 ::I (I) l1f
a:: a:: I'll, :J
~ U (3 m
0 N >
0
~ lD ~ !:!2 ..
0 0 (I)
0.. M Co III 0 ..-- :::I
lD ::I 0 '> (') CC Cl z -,
m
..- M 0 0 Q) 0::: I 0 m
c::! ... N " '<t ",
Cl 0 :5 ...
..- 'C ... 0 ~
J: X ..--
..- .c ~ t) 41 >- .- (I),
N z e.. z w 0::: (I)
..- ~ 0 I'll'
(0 cl tJ.. (3
co 0 tJ..
l.O Cl 0:: ~
l.O N CJ) W (I) 0
'<1" -- '? 6 lD >; C!
CO (0 .c
L() T- N
T""" t9 e..
f.O - C) M
..- t"') ...... z CJ)
>.G> '? 0 0::: c.: 0
0 0 .J::' C!
Q) ..... 0 ~ (Q.
:c:~ cc 0 ~ ..--
(0 z w
oS N Cl (f)
ll> cr '<t
> e: 0 lD U, 0
RI ..-- 'Vi C"J ~ 0 C!
c :;::; 0 CD QI ....J
... U r-- lD ::I E .. N
Q) ~ N lD 0 'C M
..... C"J ..,. :t: .21 I'll "l:I CJ)
<C lD lD Z 0:::
W 0 (0 QI l'lI <( .... 0 .c 0
0 :c c rJl Q) .. ~
m Q.
~ l'lI ... (I) Q) c CJ) lll.
Qi 'E u III U '0, ~ I'-
III C 'Vi 0::: 0 N C
0 ~ ~ Co '(j; N
'- >.
l'lI .... III :J J: 6
0.. <( <( .5 III 0.. ro
cc Q)'
0::: ...
0 l'lI
0:::'
lD
0
CJ)
J,
lD
lD
0::: ~
0 0
0 ;J: 0
0 0
r') ci
I en;
(0
en
0.
0 41
(') Q. LL
0:: ~ (f)
0> :5
..... J!l 0
..... >- 0
~ W 'C! 0
"t:l ~ :J; 0
.... z '"=: co
C'l:l 0 i r<i
0 <(: U:i
co :>
"t:l c Ci
....
0 co
:) Ill,
(J (j) 41'
Q) W ...
0 0
0:: 0:: Z Z
~ (f) ..1::' 0
<C <( w ....'
l- e.:
Q) UJ W ~ 41
Co Z Z C
~ ii: (j)
0 w
.... w w w .... 0
a.. :r: 10 :::r: c
(0 6 e
~ 0 ~
~ C') u.
1-C'1 (.)
s: cd O:::..J cd Z
::::s > :)tJ.. III > 0
OC/) 41 C I- 3:
0 0 0(') E Cl 0 X (I):
0 ...J ...J a I.U CIl' 0
C2 :::r:z l'lI C2 N
1-- Z (/) ...; :::1' 0
Q) r-.O:: ';: lD
W Me.. 'C I.U U
e 0 S:(/) .s (!) (I) ~ .l9
41
:I: .!!! :I: Q m
C z-' c 9
(j) 0[2 u (I) (/) 0 (0
0- ...J 0 E ..J ;:; .- 'C QI 1.0
~ 00 (I) ~ Cl C .....
:! III m 41 ~ j c ......
~C,) <C z ...J co ::J r-.
T"""
T"""
N
T"""
co
COo
00
o~
NCO
...T"""
!11M
Q)o
>- ..
c
~~
CO
co C)
tn 0
tn~
"'=tco
tnT"""
to _
T""" M
>-4)
Q) ~
~C
Q) Q)
- >
!II ._
E t)
.!~
ctw
"C
r-
ea
o
"C
f-
o
(.)
CI)
c:::
~
CI)
Q.
o
r-
0..
~
C
::I
o
(.)
Q)
e
c
o.
==
~
0.
::2:
0.
T"""
C)
T"""
...-
N
...-
m
....
....
~
(0
Q
"
C>
N
.c
::l
QI
X
CI)
Cl
,S
~
Iii
~
u..
'<;t
L[)
c"l
M
Y"l
,
::3~
LL.1Or-:
U-
N
T"""
r-:
LL
N
T"""
o 0
o 0
o ci 0
U) III
.t:I ..c
o 0 .c
<ii ~
c ,!: <(
o E (;
~ g 'ij
C 0 Q)
::s u Q.
U. W,U)
M (0
N 1.0 (0
~ 0 ~
~
Li..
V
L[)
'if!.
c::
o
~ ~ ::
a; 'ij ':;
E e! ~
';:: Q. m
Q) Q) Q)
a.. Q )-
o
C( 0.. ~
Q) Q)
Co 'C
~ C ~
Cl 0 c..?
c :€ ~
:E 'C ';
'5 g ::l
CD () 0
U)
o
~
II)
'I:
.l!l
I.l I'll
~ ~
~ 15 ~ <(
() z <( ~
Cl Cl ~ .S!
c.=~u.
E :!2 U 'C
'5 ':3 ~ E
!Ocow"
co
M V
1.0 (0
c
OJ
.c
B
:.;;::
,..
'0 ....
C III
rn QI
.c :I:
1ii
.0
OJ
...
~ ~
l;:: QI
, >
M 0
<Il ;:
Q) 0
-g 0
1:1 ~
,1:
n::
U) Q)
C Q.
,~ ~
::l ....
U g
.5 c:::
U)
E
o
e
'0
Q)
CD
o 0
(;
U)
o
Q.
U)
C ::;
~ Ij
'E E I
m 0,
" 0 I
o 0 i
i
~ ~ I
:3 Q.:
(~ ~ i
M
C
o
~
m
"C
c
::l
o
U.
o
N
U
..
I/)
....
m
Q)
:I:
o 0
E E
::l 0
::J ::
U Q)
m ...
> .5
'<;t
o 0
...
<lJ
.c
x en
u: m
~ ~
x llJ
W is
....
U
...
U)
...
m
Q)
J:
o
o 0
.c .c
.... ...
III III
QJ QJ
x x
Ii: u::
U) ,..
N
...
m
Q)
J:
o 0
.c .c
.... ...
III m
QJ CO
x x
u: u::
'<t lD
o 0
.c .c
... ...
III m
QJ CO
x x
u: u:
N t')
i.ti
e
::J
...
III
<ll
lJ..
~
X
w
* g
x: ci
0;
to
0'10
-10
..ct 0
U
a;
x,
1/)'
V
-
o
N
i1i
C)
Cl:I
0.
m co
e, ;'b
<(
?f!.; g
""t d
E,
(I),
CO,
'C'
<lJ1
..c:
llJ'
'c
it'
~' 8
C ci
<lJ
E
Q)
en
m
CD
u
;a: , z
o
t:' z
<('
::! en
:;]' ~
lIli 'I'""*"
...
m.
Q)'
)-,
(I),
<lJ'
'I:'
$
l/)
'It
81
~ ~
~
iii, ..J
::' ~
...., ....
0, ~
'I:. W
.2!' ~
&:I, ro
...,
ill
..0
E
::l
Z
(J)
c
o
~ <lJ,
U Qj ::5
~ ~ I.J..
~ 4l
.2 '<:t
0- ~
"-
~ 0
~ ....
N Co (V')
4l'
~ 0
CO
CO Cl Q)
Cl Cl C)
Cl N ~
N 05 c..
... ~ Z' 4l
-- t)'
IU M ::s
Q) 0 0:: ~
>- C
- ~
0 ::I 2
0:: 0:: til
'i:)
~ e
Ct.
(l.. III
0 :J:
~ I ~
Cll' L(l 0 0 0 0 0 fa
Cl ....' N l'1 L(l (!) '<t (!) ... ; 0
:::it {3. CII'
~ QI: :2
...- 0: w
N z; 0
......
Ill' ,.... .... ,.... ,.... I") N I
co 'C
co 0 i!!
Ll? 0
Ll? N C)
'<i' --
Ll? co
...-
CD -- .... L(l
,..... M '<t 0 ,.... L(l ,....
til 0 co co r-.. co r-..
.. Q; QI 0 OJ OJ OJ OJ OJ
>-.... >- N ,.... ... ...
Q) IU '0
~C 0:::,
.f!:l lU
11:1 >
C ;p
... U c
2 ~ =: ,9
:;;: '5,
UJ al' Q;
....' ,.... OJ 0 '<t 0 '<t 'i:!
till co r-.. co r-.. co r-.. (J!
IlII OJ OJ OJ en OJ en ell"
Ill:
>-1 ,.... ,.... ... ... c:
i
oCt co 0 0 0 N C') I
...." L(l ,.... ...
'C: C
~: ::s
0'
E,
<(
;i r-.. '<t 0 co '<t L(l
Cl I") I")
C
Ill'
...J
~,
0 'tI:
:I:i 0 0 0 0 0 0
0' 0 0 0 0 0 0 ~i
a;- en! 0 0 0 0 0 0 4l,
..- Ill! OJ
..- E;
~ cl 01
LL LL LL LL LL LL
"t:l ~ Cf.) Cf.) Cf.) Cf.) en en 0'
... ~I
C\1 .l!l: N Cl '<t 0 co l() til'
0 '2! L(l 0 N co (!) 0 0'
(.D (.D ,.... ...
"t:l :i UJ ~
C!J
... 'II:! <(
0 :2
U <( :E
Q) 0
<(
0::: :lE 0
n:: 0
~ ~ N
...
(!) en 'tI (!)
Q) Z QI Cl
UJ 0 ::s
C. ~ u U) CII Cl
::.::: l- N
0 J!l z ll. U UJ .!!! OJ
... a.. w :2 0 ...J ::) .$
0.. c u. c:
ell ::J ~ 0 ...J 0 IV ro
5 4: :.:: ~ UJ 0 ...,
~ ~ :J: Z 0 g CI C9
QI' :i 0
C; a.. ~ L5 z ,....
t: 0 ~ .... (.D
.... ?:: (j) :J: <( ell. (.D
::s a. 4: U ro (j) :r: .oj L(l
0 .5 ...., N j M N ~ ~ CII () ~ 5' Cl
C; C')
0 r/I .s! a.. l- n:: 2 UJ E :I' U')
::s <( u a.. co 0 (j) 0 :::J z: 0
Q) 0 Z ...J Q)
0 (I) .... ~ 0..
c QI
L .!:!! U) Cl
C Qi 'E 0') .5'
0)
0' (,.) .. Ct. j:::: ::E Cl
:e U) .0 Ct. ti '5 'C'
i Zi (.D IC) '<t (") N ..- <C ...... lXl CO'
co
coo
00
ON
Nca
.....-
~-
Q)""
>-0
C
'0 ::1
""
co
CO 0
LO 0
LOt:!
-:teo
LO..-
(0 _
..- ""
>.S
Q) 10
~Q
.s Q)
10 .~
E u
Q) Q,\
=:t:
<(W
"C
~
n:s
(,)
"C
~
o
to)
(1)
0::
~
(1)
c.
o
~
a.
~
[:
:::s
o
()
(1)
e,
c
o
:2:
:2
0..
..-
..-
N
..-
~
0.
..-
~
..-
......
N
......
m
.....
:s.
E ~' ~ M R ~ ~ ~ g
III 0 ~ ~ ~ W ~ W ~
> ~ ~ ~ m g ~ ~ ~
~: M M NT'".....
I-
Cu t::: ~
"1 '<to ~
o r-- r--
CO CO CO
~j Z Z Z Z
..
/JJ
N m m N '<t CO 0 ~ 0 r--
N m w '<t ~ W ~ m CO m
W ID ~ ~ m m r-- NON
~ti~2i;t;t2i~*~
i
m, CO m m
..... N r-- '<t
r-- CO N ["') T"
rt5 -i -i CD' ('.j'
[") N (") [") (")
a 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 000
E
Q)
><
UJ
~ m ~ ..... 0 M ID CD 0 r-- r-- m N m co N '<t co 0 ~ 0 r-- m ~ CO m m
~, 8 ~ ~ ~ ~ ~ ffi ~ ~ ~ ~ ~ ffi ~ ~ ~ ffi ~ ~ ~ ~ ~ ro ~ ~ ~
~; N ..... ri ..... cd N ~ r-- 0 ~ ~ ~ ~ ~ -i -i -i -i N m T" rt5 -i -i cd N
~' ~ ~ ~ ~ ~ ~ m co co co co co co co w m m CD ~ '<t v M M (") (") [")
VI,
VI
Q)'
VI,
VI,
<(
mt m ~ ~ ~ ~ ~ ~ g ~
~ 8 ~ m ["') CD m CD ~ (")
""N......ri.....cdNr--.'r--O
~ ~ ~ ~ ~ ~ m co co
r-- m
r-- ["')
~" ~
r-- r--
co ro
[") m co N ~ co 0 ~, 0
"I m CD ~ T'" CD V CD co
CD CD r-- ~ CD CD r-- N 0
r..:r..:r---i~-i~Nai
co co co CD ID CD CD ~ V
u ~ "I N (") ~ co r-- T'" r-- co 0 '<t m
VI ~ ~ ~ ~ ID ro ~ ~ ~ ~ ~ g ~
:i ...j ...j .f ...j '<i '<i ~- N N N N N N
ci'<t(")mr--cocom
cgoffi~~~o;
:E M ri cO M ,..: -i .....
'S' (") '<t N (") ("') ("') M
to
m
.....
m
o m
co .....
m m
'<i .....
"I r0
.....
M
" 0 0 0
C
III
..I
VI
VI'
.!2
()
" 0 0 000 0 0 0 000
coo ~ ~ ~ ~ 0 0 0 0 0
III, o. 0_ m m m co_ N "1_ "I. N
..I, '<t v 0 N ~ ri 0 ri (") [") N
~ 0 0 m ~ ..... r-- (0 ~ ~ ~ ~
en; ['I') f;1") ~ .,... .,...
::I
"",
~
$3
III
:i:
III
::i
7\j
>
..c
'al
:E
~ 0 U 0 U U U U U 0 U U
..
m
>-lll U. U. lJ..
r-- m ~
)( 000
~ ~ ~ ~
u.
o
o
o
N
lJ..
(")
o
o
N
lJ..
N
o
o
N
lJ..
.....
o
o
N
I.l..
m
Q)
Q)
I.l..
co
Q)
m
lJ..
'<t
o
o
"I
'---
m Q) 0)
..... T'" T"
0). ~ m
..... T" ,...
M (") ["')
000
000
N "I "I
ri ri ri
~ ~ ~
CO co 0 ~ to
v CD v m w
mr0VV_~
NNNNN
r-- O'l
0) .....
M" l"-
T'" co"
v r0
U') co m m
..... N r-- '<t
ro (") r0 T'"
v- -.i w" N
(") (") r0 (1')
T'" I'-- r-- (") (") 0 m v
(") ~ 0 co 0 (0 0 ID
~ 0 N N {") "I
NNN"NN-NNN
m v ~ ~ '<t
T'" r-- r-- r-- r--
moo 0 0
cd w" cd cd
r0 N N N N
(") NaCO N ro co r--
{") N O'l IJ') r-- N N r--
\0 0) r-- 0) to ..... ..... N
6oomcOcOcoco
... ..... ....
000 0 000
000 0 000
r.o
to' cd cd 0' cd0'co
(") (") (") (") M M N
u 0 U U U U U 0 0 U
u.
r--
Q)
0)
lJ.. U.
CD ~
Q) m
m m
,...
U. lL U. lJ..
v [") N ,..
m 0) Q) 0)
m Q) m m
,... or- .,.... l"""
u.. lJ..
o O'l
m ro
m 0)
o 0 0 N co
o v v '<t T'"
co m m Q) ~
0'riri~"T'"
N N N N !'I
o 0 U U U
lJ.. lJ..
ro r--
ro co
0) m
...
lJ.. lJ.. lJ.. u.. lJ..
CD ~ ~ M N
co co m ro co
CI'> m 0) m m
..... ........
'--
"'"
....
o
v
Gi
Cl
10
0..
~, 0 0
U' 0 0
~t:! N 0
Q.! cD to
Qf ..- co
'ii
(f)
~
C
la
U
la,
>
::J, a a
a
~,
'0'
o
o
too
....,
VI
C'
E
f-
III
'0
o '0
.... 0 al
c :3 Cl
QI '00 >.
E Q; C
,5, 1; ~
.5'8~
(0):
~ {") 0)
C' G; ~
Q;J ~ ~
ttt "'I""" -.;-
rn. N 05
~,
cl l() 't"-
m 0 co
Q,: m 0)
~
.s
.!!!
::I:;
III
III
7\j
/JJ
.x v
o ID 0
o L() .....
lD l[) .....
',--~,
A TT ACHMENT TO BENEFICIAL USE APPLICATION
The issue is whether the order to demolish a gazebo-like structure (screened
porch) that was constructed in a waterside setback without a permit results in a denial of
all reasonable use of the property. A single wide mobile home is permitted on the
property and used by the ovmers, and the improvement that is the subject of this
application is not an enlargement or addition to the existing permitted structure.
Since the property was purchased eighteen years ago, the owners' six children
have married and all live in South Florida with their children, Visits by family members
are practically impossible because of the difficulty of fitting more than four people in a
confined space at one time, and seating more than four people around a table in a
singlewide mobile home.
The addition of the porch directly off the living area that can be used to handle the
overflow and serve family meals without descending or climbing stairs to go outside
makes the existing mobile home "workable",
An argument might be made that the patio can be used to handle the overflow and
for serving meals but this ignores issues of lighting, mosquitoes and other insects in
addition to the difficulty that Katherine A. Walsh (one of the owners) has climbing stairs,
because of strokes that she suffered six years ago.
An analysis ofthe Monroe County Building Code and real property in general
makes it clear that what constitutes "reasonable economic use" as used in the Code is a
relative term. Although it is correct that there has been a single wide trailer on the
property for more than eighteen years, the property does not adequately serve the needs
ofthe ovmers, and if the property were compared to adjacent properties and it did not
have a screened porch, it would be substantially less desirable and substantially less
economically valuable. In this regard, the County's requirement that the structure be
demolished is a clear taking of substantial value and is not necessary to prevent a
nuisance or to protect the health, safety or welfare of the citizens.
The improvement that is the subject of this application is clearly in keeping with
the character of the neighborhood, and is similar to adjacent properties, and in fact,
improves the esthetics of the neighborhood with a structure similar to adjacent structures
rather than the blunt nose of a singlewide trailer. The Construction also in no way
interferes with the over-water views of any neighboring properties. See the attached
photos.
06/29/2009
15:55
PUBLIX 376 ~ 919547559294
NO. 880 lil01
Nadia Spencer Botany Consultant Isa C&rtified Arborisf Habitat restoration ConS/J/li;lnt
Habitat Description
L.egal Description: Lot 15 Block 10 Sexton Cove Estates
Key Largo Monroe County Florida
~---------------- --~-~-------~----- -- - __d ------- _________________n_--~ .----- -- -- ---J u n e 297 2009
Mr, Gera.ld V. Walsh
9500 NW 37 CT.
Coral Springs, FL. 33065
Dear Mr. Walsh,
Parcel 1.0. : Real Estate number' 532701-0268 Site visite: June 28,2009
location: This property is located in Sexton Cove Estates and is listed Tier III -
infill Area (Monroe County maps-Sheet 105.Aerial$ 2004). It is located on 30 Sexton Cove Road.
Description ;The subject property is a water front property flanked by two
developped properties. It is fenced on three sides.
Habitat Type; The entire Sexton Cove Estates subdivision is highly, developped
and the native vegetation is practically non existant. This subdIvision is nothing but
fand fill covered with pearock and concrete pads,
Lot 15, Block 10 resembles the other lots in the neighborhood. It ;s lanscaped
with three Coconut palm trees, Cocos nuclfera growing along the southwest edge of
the property. The road side is landscaped with two Bougainvillea vines, Bougainvillea
spectabifis. No important woody species listed by the County or the State of Florida
were found.
Disturbance: A few Brazilian pepper saplings (Schinus terebinthifofius), listed
as Exotic Pest Invasive Plants Category I by the Florida Pest Plant Council were found
growing with the Bougainvillea vines, Three non woody Exotic Pest Invasive species
were also part of the landscape: Aspargus fern, Asparagus densiflorus and Oyester
plants, Rhoeo spathacea (listed category 1 by EPPC) and Snake plants, Sanseverla
hyacinthoides (listed category II by EPPC).
The bottom of the sea, adjacent to the property, is well preserved with a
healthy colony of Seagrass ; Turtle grass, Thalass;a testudinum, It is free of
abrasion or waste from human activities.
It has been a pleasure to have been of service to you and I thank you, Please
dO not hesitate to call me if you have any further questions.
Respectfully submitted,
Nadia Spencer.
Estalecare L.L,C. P,O.6ox 726 Key Largo Fl33037 {305} 852.1734
I}t t-.M"C(. ~~ ~
Property Search -- Monroe County Property Appraiser
Page 1 of 5
, Ervin A. Higgs, CFA
Property Appraiser
Monroe County, Florida
office (305) 292-3420
fax (305) 292-3501
Property Record View
Alternate Key: 1654558 Parcel 10: 00532701-026800
I
I Ownership Details
I Maifing Address:
WALSH GERALD V & KATHERINE A
! 9500 NW 37TH COURT
! CORAL SPRINGS, FL 33065
r-~
Property Details
I
I
I
--I
f
I
l
J
pc Code: 02 - MOBILE HOMES
Millage Group: 50DK
I Affordable Housing: No
Section-Township- 01-61-39
Range:
L;roperty Location: 30 SEXTON COVE RD KEY LARGO
Subdivision: SEXTON COVES ESTATES
Legal Description: BK 10 L T 15 SEXTON COVE ESTATES. RESUBDIVISION KEY LARGOPB6-30 OR555-905 OR880-2279 OR932-
654DfC OR932.655AFF OR1104-981/82(CAW) _______
Parcel Map
t>~
-~~ ~"
o
//
~
.~/ ''6 'b \\\
// 0 532701
/"
(;f'. \
f:J'j1J ~
'jj1-'fi '\
~:;;.~
,'-'
'J,>-
\ t,
..,1
/'1-<(:.
t.(;;,'
//
/\.1'
~~
h1tn' / /mr.n::lfl_orO' IPrnnSearcn _ ::l~nx
6/15/2009
Property Search -- Monroe Count:vProperty Appraiser
Land Use Code
Q20W - MOB HOM WATERFRONT
Frontage
o
Depth
o
I
! Building Summary
Number of Buildings: 1
Number of Commercial Buildings: 0
Total Living Area: 648
Year Built: 1966
Land Area
3,800,00 SF
Page 2 of 5
~
I
I Building 1 Details
Building Type .B.1.
Effective Age 54
Year Built 1966
Functional Obs 0
Condition p..
Perimeter 132
Special Arch 0
Economic Obs 0
Quality Grade 350
Depreciation % 53
Grnd Floor Area 648
Inclusions: R1 includes 1 3-fixture bath and 1 kitchen.
Roof Type FLAT OR SHED Roof Cover METAL
Heat 1 NONE Heat 2 NONE
Heat Src 1 NONE Heat Src 2 NONE
Extra Features:
2 Fix Bath 0
3 Fix Bath 0
4 Fix Bath 0
5 Fix Bath 0
6 Fix Bath 0
7 Fix Bath 0
Extra Fix 0
nttn" / /mr.mrfl.on.rfPronSearch.asnx
Foundation CONC BLOCK
Bedrooms 1
Vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
6/15/2009
Map of30 Sexton Cove Rd Key Largo, FL by MapQuest
S'j rE
Page 2 of2
All rig his reserved. Use subject to License/Copyright Map Legend
Directions and maps are informational only. We make no warranties on the accuracy of Iheir content, road conditions or
route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for
any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our L~m.S_91JJ~~
httn.//WWW.ml.lnnllf.:<.lt(..()ll1/m:::in<::i?l.ltu=T<......-I-T<ll..fl.nR.d<lt...=1=i.T R,,,,rlrI..,,,,,"C'=':I (\-l-.Q =uf~~-l-.r<~..o-l-.D ~n-l
C. 11 t:: 1')(\(\(\
!
I
SEXTON COVE
~
s.o Sexton Cove ROad
N.T.G. Locdtlon
---....---~~L...__'
~ t" .". ....!.IoI.":r '''' ...
Site Location Map
6CALE. NONE
I
Map of 30 Sexton Cove Rd Key Largo, FL by MapQuest
Page 2 of2
:<'_.~~-~,...._--,.... 1 21ii:J\m
,01 , I 6lfCft
l(t"~bl:'R~ria~'~~ 1.1t'.
ii'...], W
------ __~\a~~ i' I:!:~~"~:/ Ji!~{;
T_!<"'~~ii~~'''~~;;- -'/I,~}~</:"~
~ '$lif.;~;O<Rd
~ ~ !~/ ,:t;{--'---'-
-~ "~lJ///~ ,if"
:.. .../' ~";, i I ti~fi ..,..,./.i(i
, . .. .. i ! ';j 11~.Q'C':%.j
:, I,' I : / ,.?'q,. AI
J t --seXton Cove Dr 9I~. /
..~ ==-:/;/ r1 jYl
/v
/',;/
JiV
j.//Y
I.". if
)'j)
{/
, N Jjl~f~'sa~llIL.~....I/
"~~~'=:."""""'~:~~~~~RWa(ertn'~~:~:""~~/";/3/
" ~/
___ TMINn Ave _ P~:ra.~~:,
/cJ(,
.c:-
,s. 2{J09 N~YTEQ or TeleA1.!ll5
All rights reserved. Use subject to License/Copyright Map Legend
Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or
route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for
any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our I.e.J.m9._91...VJ;_~
httn:1 /www.m:mollest.com/mans?cltv= K ev+T .:m:ro&stAte= PT .&RCI(lress=1 O+Sexton+Cove+R oar!
fill 1)/1.009
LAWRENCE P. FRANK
SURVEYORS " ENGINEERS · LAND PLANNERS
83266 OVERSEAS HIGHWAY. SUITE 500. ISLAMORAOA. FLORIDA 330,36
. Phone (305) 654-0764- FAX (305) 664-0816
A DlVlSION OF MEGA VISION BUSINESS CORPORAlloN LB. NO. 540B
CERllFlED TO: GERALD WAlSH
~OB N<:>. 1(0...285
SEC. 1. nIP. 61 S., RGE. 39 E.
MONROE COUNT'/', FLORIDA
lOT 15, BLOCK 10, SEXTON COVE ESTATES.
ACCORDING TO lHE PLAT THEREOF"; AS RECORDED IN
Pv"T 80cK S, PAGE' 30. Of THE PUBUC RECORDS Of
MONROE COUNTY. FLORIDA.
~
N
~ SCAlE: 1"-30'
HOlE: AREA I'dllllN PLATTED LOT UNES COHTAINS 3,"'1B.B SQUARE FEET
AREA B~ NDRlliWC:sr (pv"ITED) LOT UNE AND MEAN HIGH
WATER UN!': CONTAINS 307.7 SQUARE FEET.
I.OU41D
-;,~ 1.t[1.l'
.~ O.
<P. ~
r:; 1j>-
rul;
~~~
O~
~~
t'Q
'fu, 0-
i>~ ~
~~f.;j. J
~;..#- ..-
--
€V
l"'S9.BS'
R..S8.62'
O~lta"45"09' 46"
Tan-36.8S'
---1~~f5
j (Pj.~
I ~
~ ~
~ R,'1
'b ~
~~~
~~
,~ ~
~ ~
l ~
SURVEYOR'S NOlES:
1.) ALL CORN~S FOUND HAVE NO NUMBER DESlGNAllNC PREVIOUS SUR~OR OR COMP....NY EXCEPT AS SHO\\l'l.
2.~ All.. BEARINGS AND DISTANCES ARE ME....SURED PER PLAT UNLESS OTHERWISE NOTED. .
3. NO UNDERGROUND ENCROACHMENTS, FOUNDA1l0NS OR UnUnES HA'I<: BEEN lOCAtED OR SHO\\N UNLESS OlliERI'dSE NOlED.
<1-. NO INS'lRUIdENTS OF RECORD REFlEcllt>lG EASEMENTS, RlGI-lTS-OF-W"Y AND/OR D'fJtIERSHIP I'IERE fURNiSHED '!HIS SUR'lFtOR
EXCEPT AS SHOWN HEREON.
5.) ElEVATION DATIJM: N.G.V.D, 1929, BEflCHMARK: S.N.D. ElEV,"4..Q Fe/!" KBVaO-51
BASIS OF BEARINGS: CIL SEXTON COVE RD. BEING HOO'50'20"W. ASSUMED PER Pl.AT
5.) TIllS IS TO CERTIFY 1l-IATI- HAVE CotlSULlEO THE F'EDER"-L INSJf'.ANCE /?DMINISlRATIOI-I fl.OOD HAZARD BOUNDARY MAP,
COMMUNI'JY No.125129, PANEL NO'. OBf2 G, EFfECll\1: DATE 2/15 02. AND THE HEREON DESCRIBED
PROi'ERiY APPEARS TO BE IN ZONE VE, \'11m A BASE mVA1iON OF' 13 M.S.L.
7.) TIiE SURVEY DEPICTED HERE IS NOT COVEREO BY PROFESSIONAL UABIUTY INSURANCE.
ABBREVlA1l0N LEGEND:
P.I.R FOUND IRON ROD, SIZE INOIOMS) SEC. SEcnON
S.I.P. SET IROH PIPE, 1/2" p.L,S. 14619 nIP. TO'ffl.lSHIP
F.I.? roUND IRON PIPE, SIZE INDICATED Res:. RANGE
F.N.D. FOONO NAIL AND OlSK ~1 DEED
S.N.D. SET NAIl. AND DISK. P.L-S. N4819 P PLAT
F.C.M. fOUND CONCRETI:: MONUMENT MEASURED
P.R.M. PERMANENT REFERENCE MONUMENT C CALCULATED
p.e,p. PERMANENT cotllROL POINT co~c. CONCRETE
P.l POlNT Of INlERSECnON cov. COVE\ED
P.c. POINT OF CURVE ClF CHAltf UNl< FENCE
P.D.a. POINT OF 8EGlN!llNG CHI'( DVERHEAD 'MRE
RfW RIGHT-()f"-WAY ElEV. aEVAllON
Tfl'. 'lYPICAL. VM WArm IdElER
pp POWiiR POlE LP liGHT POLE
CERTIAED fOR BOUNDARY SVRVEY
I HEREay CERlll'Y THAT llilS SURVEY MEETS TIiE MINIMUM
lECHNICAL STANOAROS AS SET FORlH BY lHE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS Al.jD hlAPPERS IN
CHAP1ER 61017-5, FLORlOA AOldlIJlSiRATI\'E CODE.
PU~O SEClION 47.2.027: RORIO" STA1lJlES.
/' . c.-~ ,;{ :..v~
lA ENeE: P. FRANK, P.LS. ftI4619 DAlE: 7/26/0"'-
UNLESS IT BEARS lHE SlGNAWRE AND mE ORIGINAL
RAISED SEAL Of A FLORIO A UCENSEO SURVEYOR ANO
MAPPER 1HIS DRAI'ltNG, SKETCH, PLAT OR IJAP !S FOR
lNFORMA1l0NAL PURPOSES ONLY AND IS NOT VAUD.
v; ffW r,ei/.A1 f?o~l!lI
.$. W. N.eI&II.I8o,e
VI,Ek/ F/i.t',;s-t /)E~k.. 1-
M -E. ;ViJ/tJli?Ji?.4
V / &W rllO/1 StEX it7/1/ 12&;4-.6 f
,...', -~\!if.i'l.W;~~j~'4>J~\'i
tL ,53;;;<,70/-'O.J.EJi
.Aft.... l{p S7I SJ?
f;J G Q'J-
. if'... "1\ O'.} fr:~09B 1
- 6 5773 1.-
~ to; 1'1'll....ny Appt.;/...f.
. ) ro- ~Ull~ V. ulJ# rt~._,_. _ P'l<rlldtnflfi<.;ho~ N~.
M<lJftI ~ y....... r.J!_..JJti.. 'r
...a~ ol""........N"'(. A!. ..:J...3J?:1
532101-0268
-, '..," '0
(b.~ )0
~l/l'
I
Esq.
1st- '-11>10 IItw lot ~ do~,l
DEED (SfA1tJTORY FORM - SECIlON M9~ F.5,1
31 dAy of J\.uguat 19 B9.Betwe,en
LEAN, ~n unremarried widow, ana HAOREEN A. &MHEL, a
ollhf~.oI. woaan BrowoIIrd ,SC.'r 01' F'lodda . pn~.::uwl
<aMLD v. 'HAL H .nd U'rHBIUNE 'A. wALSK, nh wife
~~......w-1oI !i50() N.W. 37th Caurt, Coral Spdng., Florid. 3306.5
ollJwCwMy,;( H w.r~ ,'lUf'ltaf Flori,da .v..c,ln",
Wffn.nGdh t!>Al. ~ lor. l<W D>d In ."".Womm d u.. OlIm 01 '
___________ ~.n end NO/100 ($IO.OOl ------------------------ ~~
llI\4 oUl9r aood &nI1 yJlu. e,x\lldtndoClJo ." $Ok! cnmt>C' In Mnd p1i~ lly uJd .''''''ff'. Ih. toUlpt wlwftol. ~~
~ hM p1Il'Itc<I. ~..:>IeI 101M Jolcll\1.lll.....""" JTot\~..l'Oeltt i.1Id ~ lCRva; IhP ~
clMctlbH Ia.M. ~ and ~ In Monroe OxullY, ~ ~wll:
"rl
;;::
....,
'::l
"\
LOT 15 of BLOC)(
SUBDIYIS ON, according
t'oI\col'd.d in Pbt BOOk
raoord. f Monroe county t
:z
10 t SEXTON COVE BS'1'~B~
to tho t>ht thorlnt i
6 t page 30 of the puBIlo
nodd..,
tt
~
~
"l)
-
",
,
~I
(J
1
SOBJSCT
G..p_nt
roocrd ,
all .Ubs
restriotions, ~
~oning ordinln~.~ of
for the yeu 15189 and
I b~ $71 , IJ~
~l' 7!:l.7..__ lw. q- 7!.r ,~
, M"'1i;1.)l l"'..oU1n'Y
!) 1~~fCL:;:ll;-:;~~;t.,
IuUy Wlo~lllle ~ 10 uId Wtd. will drfrmIlM, u""" oplnsl tlw-lIwMdai:no..r.!l
condition.,
, liattation. ~
if bny, ~~ tax..
quent year'.
...d Nld panltlt' ~ hcrt
~~.
-Gr hli" and ~p">.nltc~ ... ..Hd lot jlnplo[ t>C' ph.lro~ Ii [001..1 ~uln:L
f, Sl'l"lOt hu ~Ilnto let STInt"". lurid .;not tid ,h. cl>.y o.nd ynr ~ ..rill_
In OIlt p:uc ~ I
~ ~~. ~~ih - ~ ~ tSMU
'),;;;:::;:.-: 7l.~...( :.- :
1l~~~&m{.t' l
lSt.l!
\Io\\\"":':.~'~~~. /
.;}'i- ,\l.l l i
,,", cl.ay bdore -. m oI&cr duty qu&Ufltc1to 1m KkrrowItd~~~'I<l
l!:MHBL, 0; .ingle WOJ:l!In, ,;.F : .... ;' .' :. ,.
.1 ~1n0n4..tK>.lOKUltd.IM~ll\IIt~~~Wcod~~11>o1
># '
,..... ir11~ C"""'y and SWr luulomUl thlo J 1 . <!.or 01 AU9tHt . 19119.
NNr hI.ic,. Sul..r '*"'" ^ j '-v'7"1 ~ I . I
~~Od.2I.1m ~u('K'I.~ F'I' ~
_l>otlHt ,............... !I;oluy Public'
)V,?jjl-
, , "" ,', '" " .
:, ,t \. .::. ,:' . - , ,:,' , ,', :~:'~;. .
L
'I ' '
, "
. , '
, '
, I ' ,', ,-": ~, . >, .
I
,
t,
ti
'"'
~.
;.
.'t. '
",r,*':.f
;q~
.. ......
:'?~~
I.{".
o. ~.
~ .' ;'/' "'1'
~
..J
(;
I, .
r
'''''T'"''' .
4"
l.
STM'!': Of' no IDA
COUNTY Of' lIDE
tHERE
qualified t
HCCLMll. ..
d;..cd.btJd
acknovllldge
Wl'fNlI"$
laat afo:.:..
My COllllDlui
\
I
<,
d ~~
.,...
. .. 1: "., ~- ~~.
".. .~..
&05773
1'\1101", ;t:09S2
",
CERTIFY th.c on thiB d~y bofo~e me, an officer duly
take acknoWledqmontD. perBonally ap~ea~ed LUCI~~E S.
unremarried wido~. to ~e known to be tne person
and who exocuted tne foregoing instrum~nt and
bafora mo that ahe executed the same.
~y hand ~d ofticia~~:,~ the County and Sta~e
id this Jo:.::. day of ~ . 1989. '"
n Bxpireat ~. :7 .' . .... \ ''''.'
'fl..tNU ~,a.}I".I,tf) .:/ .~. ~'J
Not*1 pU5lia ~ " .
. 1~w..I, :"
.',
.\
I\M>rHot 10 0ft'0,.1.~ -
~"- M~"" .. ~" - . -4,..\r
.........~.. \.. 'III
. -\ ,." ~ 't"'~~'. '!. ~~
,.~.l..-iswa/l c~
L
~; -.
~.;... .
. <
~...,
'I
;i
"
.'
...
_.~}~~~
.ie~ff.!
~,':::. ..
~Tir.
~~
...~?~;t:
"..."':I..J...:.;
:~~.:1J
"':"It.,
.:);(""
..;1....
,:1 ....,
...~
1~
~
I
\
..J
ARTICLE IV. PROTECTION OF LANDO\VNERS' RIGHTS
Page 1 of8
ARTICLE IV. PROTECTION OF LANDOWNERS' RIGHTS
DIVISION 1. GENERALLY
Sec. 1 02~ 79. Purpose.
It is the purpose and intention of the board of county commissioners to ensure that each and every
landowner has a beneficial use of his property in accordance with the requirements of the Fifth and Fourteenth
Amendments to the United States Constitution and to provide a procedure whereby landowners who believe they
are deprived of all beneficial use may secure relief through an efficient nonjudicial procedure.
(Code 1979,99.5-161; Ord. No. 33-1986, S 8-101)
Sees. 102-80--102-101. Reserved.
DIVISION 2. BENEFICIAL USE DETERMINATIONS
Sec. 102~102. Generally.
If, after a final decision or action by the county, including available variances, a landowner is of the opinion
that the adoption or application of a county land development regulation or comprehensive plan policy has caused
a taking of the landowner's property, the procedures of this division shall be used prior to seeking relief from the
courts.
(Ord. No. 035-2007, S 2(9.5-171))
Sec. 102~103. Purpose and intent.
(a) The purpose of this division is to ensure that the adoption or application of a county land development
regulation or comprehensive plan policy does not result in an unconstitutional taking of private property.
(b) The intent of the board of county commissioners is that this division provide a means to resolve a
landowner's claim that a land development regulation or comprehensive plan policy has had an
unconstitutional effect on property in a nonjudicial forum. This division is not intended to provide relief
related to regulations promulgated by agencies other than the county or to provide relief for claims that are
not cognizable in court at the time of application under this division. Further, the procedures of thls division
are not intended, nor do they create, a judicial cause of action.
(Ord. No. 035-2007, S 2(9.5-172))
Sec. 1 02~1 04. Exhaustion.
Relief under this division cannot be established until the landowner has received a final decision on
development approval applications from the county, including building permit allocation system applications,
appeals, administratlve relief pursuant to section 138-54, and other available relief, exceptions, or variances,
unless the applicant asserts that a land development regulation or comprehensive plan policy, on its face, meets
the standards for relief in section 102M109.
http://library8.municode. com/default-test/Doc Viewl 1429 8/1 / 131 1 13 5?hilite=beneficial;use;uses;
1/27/2010
ARTICLE IV. PROTECTION OF LANDOWNERS' RIGHTS
Page 2 of 8
(Ord, No. 035-2007, S 2(9.5-173))
Sec. 102-105. Application; applicability; sufficiency.
(a) Generally. An application for a beneficial use determination may be made to the planning department
by filing an application and an application fee as established by the board.
(b) Contents of application. The application shall be submitted in a form established by the county and
shall include the following:
(1) Contact information. The name, address, and phone number of the landowner and applicant or
agent;
(2) Legal description. A legal description and the real estate or parcel number for the property;
(3) Letter of agency. If a person other than the landowner is requesting relief pursuant to this
division, a notarized letter of agency from the landowner authorizing the person to represent them
with respect to the application. Except as specifically provided herein, the landowner will be bound
by the representations, obligations, and agreements made by the landowner's agent in the course
of the beneficial use determination process. The term "applicant" as used in this division refers to
the landowner or the landowner's agent, as applicable; ,
(4) Date of acquisition, offers to purchase, attempts to sell. Documentation of the date of
acquisition, the price incurred to acquire the property, the date and amount of any offers by any
person, corporation, governmental entity, or association to acquire the property, and any attempts
by the landowner to sell the property;
(5) Land development regulation or comprehensive plan policy. A-statement describing the land
development regulation, comprehensive plan policy, or other fina~ action of the county, which the
applicant believes necessitates relief under this division, including the effective date of the land
development regulation or comprehensive plan policy and/or the date of the final action by the
county related to the property. The application shall identify the subject land development
regulations or comprehensive plan policies of the county by section and number;
(6) Description of land. A description of the property's physical and environmental features, total
acreage, and use presently, at the time of acquisition, and upon the effective date of the land
development regulation or comprehensive plan policy or other final action the applicant believes
necessitates relief under this division;
(7) Improvements to land. Evidence of any investments made to improve the property, the date the
improvements were made, and the cost of the improvements;
(8) Description of allowable uses. A description of the type and extent of land uses allowed on the
property, from the time the applicant acquired the property until the date of application under this
division, including allowable density, permitted and conditional uses, open space ratios, and other
factors affecting the property's development potential;
(9) Requested relief. A statement regarding the form of relief requested by the landowner,
pursuant to section 102-110;
(10) Maps. Maps shall be included in the application, which show the property presently, at the
time of acquisition, and upon the effective date of the land development regulation, comprehensive
plan policy, or other action of the county the applicant believes necessitates relief under this
division. Maps shall indicate the land use designation, future land use designation, aerial
photography, and environmental conditions and habitat on the property at the above times;
(11) Previous development applications and appeals. A description of all efforts to seek approval
to develop the property, including date of application; name of the local, state, or federal permitting
agency; nature of approval, denial, or appeal sought; disposition; and the date of disposition;
http://library8.municode.com/defaul t-test/Doc View /14298/1/131/ 13 5?hil i te=beneficial;use;uses;
1/27/2010
ARTICLE IV. PROTECTION OF LANDOVVNERS' RIGHTS
Page 3 of8
(12) Agency approvals. Evidence of whether the applicant has received necessary approvals from
governmental agencies other than the county, which are required in order to undertake
development of the property, including, as applicable, evidence that approvals from other agencies
are not required;
(13) Signature of landowner and agent. The signature of landowner and agent, attesting to the
accuracy of the statements and representations made in the application; and
(14) Additional materials. Any other appraisals, studies, or evidence supporting the applicant's
contention that relief under this division is appropriate, including appraisals related to any alleged
diminution in fair market value of the property.
(c) Standards applicable to landowner and landowner's representative.
(1) The landowner and the landowner's representative shall exercise due diligence in the filing of
and legal bases asserted pursuant to an application for relief under this division.
(2) The signature upon the application by the landowner and the landowner's representative shall
constitute a certification that the landowner and landowner's representative have undertaken due
diligence in the filing of the application, that to the best of his knowledge the application is
supported by good grounds under applicable laws, and that the application has been filed in good
faith, consistent with the purpose and intent of this division. !
(3) The landowner and the landowner's representative shall have a continuing obligation
throughout the proceedings to correct any statement or representation found to have been incorrect
when made or which becomes incorrect by virtue of changed circumstances.
(4) If a claim for relief pursuant to this division is based upon facts the landowner or the
landowner's representative knew or should have known were not correct or upon assertions of law
that were frivolous, the special magistrate may dismiss the application and may recommend any
remedy or penalty to the board provided by law or ordinance. -
(d) Determination of sufficiency. Within 15 calendar days of accepting the application, the planning
director, or the planning director's designee, shall determine if the application is complete and includes the
materials and information listed in subsections (b)(1)--(13) of this section. The special magistrate may
require the landowner or the county to provide additional information in order to make a determination
under this division and may conduct a hearing on whether the application should be dismissed for failure to
include information necessary to make a recommendation, based on the standards set forth in this division.
(1) Determined insufficient. If the planning director determines the application is not complete, a
written notice shall be mailed to the applicant specifying the application's deficiencies. No further
action shall be taken on the application until the deficiencies are remedied. If the applicant fails to
correct the deficiencies within 30 calendar days of a notice of deficiencies, the application shall be
considered withdrawn, and the application fee shall be refunded to the applicant, upon request.
(2) Determined sufficient. When the application is determined sufficient, the planning director shall
notify the applicant in writing and, within 60 calendar days, fol'Vtfard the application to a special
magistrate to set a hearing date. The planning director may fol'Vtfard to the special magistrate
additional materials, applications, or decisions related to the application, including recommended
forms of relief, consistent with this division.
(Ord. No. 035-2007, S 2(9.5-174))
Sec. 1 02~1 06. Action by the special magistrate.
(a) Establishment of date for hearing and notice. The special magistrate shall schedule and hold a hearing
on an individual beneficial use determination application within 90 calendar days of receipt of the complete
application from the planning director.
http;//library8.municode.comJdefault-testlDocView/14298/1 /13 1/13 5?hil ite=beneficial ;use;uses;
1/27/2010
ARTICLE IV. PROTECTION OF LANDOWNERS' RIGHTS
Page 4 of8
(b) Hearing. At the hearing,' the landowner or landowner's representative shall present the landowner's
case and the planning director or the planning director's representative shall represent the county's case.
The special magistrate may accept briefs. evidence, reports, or proposed recommendations from the
parties.
(c) Recommendation of the special magistrate, Within 60 calendar days of the close of the hearing, the
special magistrate shall prepare and transmit in writing to the planning director and the landowner, or their
representatives, a recommendation regarding the application. based on the evidence submitted and the
standards set forth in sections 102-109 and 102-110.
(1) If the special magistrate's recommendation is that relief is not appropriate, the special
magistrate's recommendation shall specify the basis for the recommendation.
(2) If the special magistrate's recommendation is that relief is appropriate, the special magistrate's
recommendation shall:
a. Recommend a form of relief, pursuant to section 102-110; and
b. Indicate the basis for the recommendation, including, as applicable:
1. Identification of the county land development regulation, comprehensive plan
policy, or other action that resulted in the recommendation for relief; and
2. The date the land development regulation, comprehensive plan policy, or other
final action of the county affected the property so as to necessitate relief.
(Ord. No. 035-2007, S 2(9,5-175))
Sec. 102-107. Action by the planning director.
Based on the recommendations of the special magistrate, the planning director shall prepare the item for
consideration by the board of county commissioners. The planning director may not disturb or alter the
recommendations of the special magistrate. Within 30 calendar days of receipt of the recommendations of the
spectal magistrate, the planning director shall forward the special magistrate's recommendation to the board to set
a pUblic hearing on the matter. The planning director may include with the recommendation a proposed process
and schedule for implementing the special magistrate's recommendation.
(Ord. No. 035-2007, S 2(9.5-176))
Sec. 102-108. Action of the board.
Following receipt of the matter from the planning director, the board shall set the matter for a public
hearing, The county shall provide notice and the applicant shall be provided an opportunity to be heard prior to the
decision of the board. The recommendation of the special magistrate is not binding on the board. At the hearing,
the board, by resolution, shall approve, modify, reverse, or approve with conditions, the recommendations of the
special magistrate, based on the standards of sections 102-109 and 102-110. The resolution shall:
(1) State the date, if any, upon which any resolution granting relief will cease to be in effect;
(2) State that neither the board's resolution nor any process or evidence associated with this
division is an admission of a taking of property;
(3) Direct county staff to undertake any additional steps necessary to implement the resolution;
and
(4) Address other matters necessary to implement the purpose and intent of this division.
(Ord. No. 035-2007, S 2(9.5w177))
http://library8.municode. com! defaul t-test/Doc Viewl 142981 1/13 1/13 5?hil ite=beneficial;use;uses;
1I27/201O
ARTICLE IV. PROTECTION OF LANDOWNERS' RIGHTS
Page 5 of8
Sec. 102-109. Beneficial use standards.
(a) Standard. In furtherance of the purpose and intent of this division, and consistent with Policy 101.18.5
of the comprehensive plan, relief under this division may be granted where a court of competent jurisdiction
likely would determine that a final action by the county has caused a taking of property and a judicial
finding of liability would not be precluded by a cognizable defense, including lack of investment-backed
expectations, statutes of limitation, laches, or other preclusions to relief. Whether such liability, at the time
of application under this division, is likely to be established by a court should be determined based on
applicable statutory and case law at the time an application is considered under this division.
(b) Burden. The applicant shall have the burden of showing that relief under this division is appropriate.
(Ord. No. 035-2007, S 2(9.5-178))
Sec. 102-110. Granting of relief.
(a) General. If the board determines that relief is appropriate und~r this division, relief may be granted, as
provided in this section and consistent with the comprehensive plan. '
, .
(b) Forms of relief. In order to avoid an unconstitutional result and to provide a landowner with an
economically viable use of property pursuant to this division, the special magistrate may recommend and
the board may allow for additional uses, density, or relief beyond that allowed by a literal application of the
land development regulations or comprehensive plan on the particular property, which may include:
(1) Redesignation of the property on the land use map or future land use map;
(2) Permits for development despite the literal application of the land development regulations and
comprehensive plan, although permits issued pursuant to this section shall be subject to applicable
construction deadlines and expiration dates under chapter 6;
(3) Transferable development rights (TDRs);
(4) Eligibility for dedication of the property pursuant to section 138-28(5);
(5) Repeal or amendment of the land development regulation or comprehensive plan policy
affecting the subject property;
(6) Any other economically beneficial use of the property or relief the board determines
appropriate and adequate under section 102-109 and the comprehensive plan; or
(7) Any combination of subsections (b )(1 )--(6) of this section.
(c) Minimum increase. Relief granted pursuant to this division shall be the minimum necessary to comply
with section 102-109. The highest, common, or expected use, is not intended as an appropriate remedy,
unless expressly required by applicable statute or case law.
(Ord. No. 035-2007, S 2(9.5-179))
Secs. 102-111--102-133. Reserved.
DIVISION 3. VESTED RIGHTS
Sec. 102-134. Determination of vested rights.
http://library8 . municode.com/ defaul t -test/Doc View /14298/1 /131/13 5?hili te=beneficial ;use;uses;
1/27/2010
ARTICLE IV. PROTECTION OF LANDOWNERS' RIGHTS
Page 6 of8
(a) Purpose. Notwithstanding any other provision of this chapter. an application for a conditional use
permit may be approved if an applicant has demonstrated development expectations that are vested under
the standards of section 102-136.
(b) Limitation. An application for a determination of vested rights shall be filed within one year of the
effective date of the ordinance from which this chapter is derived or the alleged vested right shall be
deemed abandoned.
(Code 1979, 99.5-181; Ord. No. 33-1986,98-301)
Sec. 102-135. Procedure for vested rights determinations.
An applicant for vested rights determination will be afforded a quasi-judicial, evidentiary hearing in front of a
special magistrate who will make a proposed determination and a statement of what rights are vested. Interested
persons will be afforded the opportunity to appear and introduce evidence and argument for or against the
determination during the evidentiary hearing. The special magistrate's proposed determination shall be forwarded
to the board of county commissioners for final approval.
(Code 1979, S 9.5-182; Ord. No. 33-1986, 98-302; Ord. No. 21-1998.96)
!'
Sec. 102-136. Standards and criteria for vested rights.
In making the proposed determination, the special magistrate will consider, in furtherance of the guidelines
contained in Policy 101.18 of the Year 2010 Comprehensive Plan, the following criteria:
(1) The vested rights determination shall be limited to rights acquired prior to adoption of the
comprehensive plan or land development regulations in effect at the time of filing of the vested
rights application and shall vest only that development specifically and expressly contemplated by
the valid, unexpired official act of the county.
(2) The applicant shall have the burden of proof to demonstrate that:
a. There is a valid, unexpired official act (as enumerated below in subsection (2)a.1, (2)a.2,
(2)a.3 or (2)a.4 of this section) of the county approving the proposed development that
occurred prior to the effective date of the comprehensive plan or land development
regulations in effect at the time of filing of the vested rights application, i.e., January 4, 1996.
To be a valid act, the act must have been in compliance with the land development
regulations that existed at the time of approval, and the approval must have been issued by
an official or commission properly delegated with the authority to issue the approval. Any
one of the following may constitute an official act of the county for purposes of the vested
rights determination:
1. A valid. unexpired building permit issued prior to the effective date of the
comprehensive plan or land development regulations in effect at the time of filing of
the vested rights application. Le., January 4. 1996;
2. One or more valid, unexpired permits or approvals issued by the county, except
that mere approval of a land use designation, map amendment, zoning designation
or rezoning is insufficient to establish vested rights without additional permits or
approvals for a specific development project, i.e., mere zoning cannot be considered
an official act that can form the basis of a vested rights determination;
3. A subdivision plat recorded in the official records of the county, which fulfills the
criteria set forth in F.S_ 9 380.05(18), may be an official act except that individual lots
within the subdivision must also demonstrate that this applicant acquired a vested
right to build on the individual lot by obtaining additional governmental approvals or
http://library8 .municode.com/defaul t -test/Doc Vi ew 114298/1/131/13 5?hili te=beneficial;use; uses;
1/27/2010
ARTICLE IV. PROTECTION OF LANDOWNERS' RIGHTS
Page 70f8
official ,acts concerning development on the individual lot prior to adoption of the
comprehensive plan and land development regulations in effect at the time of the
filing of the vested rights application, and an applicant must still demonstrate
compliance with subsections (2)b., (2)c. and (2)d. of this section with respect to
development on each individual lot; or
4. A valid, unexpired vested rights determination approved pursuant to the 1986
Comprehensive Plan and land development regulations, sections 102-134--102-137;
b. This individual, particular applicant:
1. Relied upon the official act in good faith. (For example, the applicant must not
have had notice or knowledge of an imminent or pending change in zoning,
allowable uses or density, etc. A change is imminent or pending if notice of the
change was published or there are active and documented efforts to develop and
approve the proposed change at the time the property was purchased or expenses
were incurred); and
2. Had a reliance that was reasonable. (For example, an act of purchasing the
property, entering into contracts or incurring additional obligations done after the
2010 Comprehensive Plan was pending or became effective does not constitute
reasonable reliance); \
,
c. This applicant incurred such substantial obligations and expenditures that it would be
highly inequitable or unjust to require that the development conform with the comprehensive
plan and land development regulations in effect at the time of the filing of the vested rights
application. To meet this requirement the applicant must demonstrate that:
1. Application of the comprehensive plan and land development regulations in effect
at the time of the filing of the vested rights application would prevent or prohibit the
applicant from completing the proposed development. For example, if the applicant
could still complete the proposed development under the comprehensive plan and
land development regulations in effect at the time of the filing of the vested rights
application without undue hardship by making mere modifications to the
development plan, the applicant cannot demonstrate a vested right and must make
the modifications required by the comprehensive plan and land development
regulations in effect at the time of the filing of the vested rights application; and
2. Substantial changes of position or expenditures incurred prior to the official act
upon which the vested rights claim is based are undertaken at the applicant's own
risk and will not be considered in making a vested rights determination;
d. Development of this project has commenced and has continued in good faith without
substantial interruption_
(Code 1979, S 9.5-183; Ord. No. 33-1986, S 8-303; Ord. No. 21-1998, S 7)
Sec. 102-137. Limitations on vested rights determinations.
(a) In furtherance of those guidelines listed in Policy 101.18 of the Year 2010 Comprehensive Plan, a
vested rights determination shall also contain the following:
(1) Verification that the applicant has met the burden of proof for the items listed in section 102-
136;
(2) A clear statement of what part of the applicant's development is vested (e.g., density, setbacks,
open space requirements);
(3) A clear statement of which comprehensive plan goals, policies and/or objectives and which
http://library8 . municode.com! defaul t-test/Doc Viewl14 298/1/131/135 ?hilite=beneficial; use;uses;
1/27/2010
ARTICLE IV. PROTECTION OF LANDOWNERS' RIGHTS
Page 8 of8
land development regulations in effect at the time of the filing of the application, the applicant is
vested from;
(4) A clear statement to the applicant that construction must continue in good faith and meet all
construction deadlines contained in chapter 6 or the vested rights determination will expire and any
and all rights acquired under the determination will be forfeited; and
(5) Notwithstanding chapter 6, a vested rights final order will expire in five years with no possibility
of extension.
(b) The vested rights determination shall be limited to rights acquired prior to adoption of the
comprehensive plan and land development regulations in effect at the time of the filing of the vested rights
application, but after adoption of the 1986 Comprehensive Plan (unless a prior, valid and unexpired vested
rights determination was obtained under the 1986 Comprehensive Plan or section 102-134 et seq.). The
vested rights determination shall vest only that development specifically and expressly contemplated by a
valid, unexpired official act of the county.
(Code 1979, 99.5-184; Ord. No. 33-1986, 98-304; Ord. No. 4-1997, 927; Ord. No. 21-1998, 98)
Sees. 102-138--102-157. Reserved.
http://library8.municode.com/default-test/Doc View/14298/1/1311l35?hilite=beneficial;use;uses;
1/27/2010
ORIGINAL
ORDINANCE No. 035-2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS REPEALING SECTIONS 9.5-171 THROUGH 9.5-
174 OF THE MONROE COUNTY CODE CONCERNING
BENEFIClAL USE DETERMINATIONS; ,PROVIDING FOR NEW
REGULAtIONS CONCERNING BENEFICIAL USE
DETERMINATIONS; PROVIDING A FORUM FOR RELJEF;
PROVIDING AN APPLICATION PROCESS; PROVIDING FOR A
HEARlNG AND RECOMMENDATION BY A SPECIAL MASTER;
PROVIDNG FOR FORWARDING SUCH RECOMMENDA nON TO
THE BOARD OF COUNTY COMMMlSSIONERS FOR A HEARING;
PROVIDING FOR STANDARDS, BURDEN OF PROOF AND FORMS
OF REL~F; PROVIDING FOR CODIFICATION, SEVERABILITY
AND REP~AL OF INCONSISTENT PROVISIONS; PROVIDING FOR
FORWARDING OF THIS ORDJNANCE TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE
Whereas, it is the intent of the Board of County Commissioners that land owners in
Monroe County have a beneficial use of their property, consistent with the u.s. and
Florida Constitutions~ and
Whereas, Policy 101.18.5 of the Monroe County Year 2010 Comprehensive Plan (Plan)
provides that neither the provisions of the Plan nor the Land Development Regulations
(the LDRs) shall deprive a property owner of aU reasonable economic use of a parcel of
real property; and
Whereas, Article VI, Division 2, LDRs, is intended to provide a non-judicial procedure
by which a property owner may seek relief from the literal application of applicable Plan
and LDR provisions, when such application is alleged to bave the effect of denying all
economically reasonable use of the property; and
Whereas, the Board of County Commissioners wishes to update Article VI, Division 2 in
order to provide additional guidance to applicants and County staff for processing
Beneficial Use Determination applications, consistent with applicable law; and
Whereas, the Board of County Commissioners has determined that these amendments
will ensure a fair and efficient forum through which property owners may apply for relief
from the adoption or application of Plan policies or LDR provisions, through a Beneficial
Use Determination process, consistent with the provisions of the Plan and applicable law;
and
ORIGINAL
Whereas, the Board of County Commissioners finds tnat this revised Ordinance is and
shall be implemented consistent with the provisions of the Plan and includes all standards
and remedies available pursuant to the Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Current Sections 9.5-171 through 9.5-174 of the Monroe County Code are
hereby repealed in their entirety.
Section 2. The following provisions of the Monroe County Code are hereby added:
DMSION 2. BENEFICIAL USE DETERMINATIONS
Sec. 9.~171. Generally.
If, after a final decision or action by the County, including available variances, a
landowner is of the opinion that the adoption or application of a County land
development regulation or comprehensive plan policy hils caused a taking of the
landowner's property, the procedures of this division shall be,'used prior to seeking relief
from the courts.
Sec.9.5-172. Purpose and intent.
The purpose of this division is to ensure that the adoption or application ofa County land
development regulation or comprehensive plan pollcy does not result in an
unconstitutional taking of private property. -
The intent of the Board of County Commissioners is that this division provide a means to
resolve a landowner's claim that a land development regulation or comprehensive plan
pOlicy has had an unconstitutional effect on property in a non-judicial forum. This
division is not intended to provide relief related to regulations promulgated by agencies
other than the County or to provide relief for claims that are not cognizable in court at the
time of application under this division. Further, the procedures of this division are not
intended, nor do they create, a judicial cause of action.
See. 9.5-173. Exhaustion.
Relief under this division cannot be established until the landowner has received a final
decision on development approval applications from the County. including building
pennit allocation system applications, appeals, administrative relief pursuant to section
9.5-124.7, and other available relief, exceptions, or variances. unless the applicant asserts
that a land development regulation or comprehensive plan policy, on its face, meets the
standards for relief in section 9.5-178.
Set. 9.5-174. Application; exhaustion; sufficiency aDd contents of application.
(a) Generally. An application for a beneficial use determination may be made to tbe
planning department by filing an application and an application fee as established by the
Board.
(b) Contents of application. The application shall be submitted in a form established
by the County and shan include the following:
PAGE20l"8
ORIGINAL
(1) Contact informa.tion. The name, address, and phone number of the
landowner and applicant or agent.
(2) Legal description, A legal description and the real estate or parcel
number for the property.
(3) Lef1:er of agency. If a person other than the landowner is requesting relief
pursuant to this division, a notarized letter of agency from the landowner
authorizing the person to represent them with respect to the application. Except
as specifically provided herein. the landowner will be bound by the
representations, obligations, and agreements made by the landowner's agent in the
course of the beneficial use determination process. The tenn "applicant" as used
in this division refers to the landowner or the landowner's agent, as applicable.
(4) Date ofaequisition, offers to pUrchHS~ attempts to sell. Documentation
of the date of acquisition, the price incurred to acquire the property, the date and
amount of any offers by any person, corporation,govemmental entity, or
association to acquire the property, and any attempt.s ~y the landowner to sell the
prop~. '
(5) Land development regulation or comprehensive plan policy. A
statement describing the land development regulation, comprehensive plan policy,
or other final action of the County, which the applicant believes necessitates relief
under this division, including the effective date of the l~d development
regulation or comprehensive plan policy and/or the date of the final action by the
County related to the property. The application shall identify the subject land
development regulations or comprehensive plan policies of the County by section
and number.
(6) Desfrlption of land_ A description of the property's physical and
environmemal features, total acreage, and use presently, at the time of acquisition,
and upon the effective date of the land development regulation or comprehensive
plan policy or other final action the applicant believes necessitates relief under
this division.
(7) Improvements to land. Evidence of any investments made to improve the
property, the date the improvements were made, and the cost of the
improvements.
(8) Des~ription of allowable uses. A description of the type and extent of
land uses allowed on the property, from the time the applicant acquired the
property until the date of application under this division, including allowable
density, permitted and conditional uses, open space ratios, and other factors
affecting the property's development potential.
(9) Requested relief. A statement regarding the form of relief requested by
the landowner, pursuant to section 9.5-179.
(10) Maps. Maps shall be included in the application, which show the property
presently, at the time of acquisition, and upon the effective date of the land
development regulation, comprehensive plan policy, or other action of the County
the applicant believes necessitates relief under this division. Maps shall indicate
PAGe:3oF8
ORIGINAL
the land use designation, future land use designation, aerial photography, and
environrneqtal conditions and habitat on the property at the above times,
(11) Previous development applications and appeals. A description of all
efforts to seek approval to develop the property, including date of application;
name of the local, state, or federal permitting agency; nature of approval, denial,
or appeal sought; disposition; and the date of disposition.
(12) Agency approvals. Evidence of whether the applicant has received
necessary approvals from governmental agencies other than the County, which
are required in order to undertake development of the property, including, as
applicable, evidence that approvals from other agencies are not required.
(13) Signature of landowner and agent. The signature of landowner{s) and
agent( s), at\:esting to the accuracy of the statements and representations made in
the application.
(14) Adl'fitional materials. Any other appraisals, studies, or evidence
supporting the applicant's contention that reliefunderthis division is appropriate,
including appraisals related to any alleged diminution in fair market value of the
property.
(d) Standards applicable to landowner and landowner's representative.
(1) The landowner and the landowner's representative shall exercise due
diligence in the fLling of and legal bases asserted pursuant an application for relief
under tbis division. -
(2) The signature upon the application by the landowner and the landowner's
representative shall constitute a certification that the landowner and landowner's
representative have undertaken due diligence in the filing of the application., that
to the best pf his or her knowledge the application is supported by good grounds
under applicable laws, and that the application has been filed in good faith,
consistent with the purpose and intent of this divisi on.
(3) The landowner and the landowner's representative shall have a continuing
obligation throughout the proceedings to correct any statement or representation
found to have been incorrect when made or which becomes incorrect by virtue of
changed circumstances.
(4) If a claim for relief pursuant to this division is based upon facts the
landowner or the landowner's representative knew or should have known were
not correct or upon assertions oflaw that were frivolous, the special master may
dismiss the application and may recommend any remedy or penalty to the Board
provided by law or ordinance.
(e) Determinafion of sufficiency. Within fifteen (15) calendar days of accepting the
application, the pl~nning director, or the planning director's designee, shall determine if
the application is complete and includes the materials and information listed in subsection
(b)(1)-(13) above. The special master may require the landowner or the County to
provide additional information in order to make a determination under this division and
may conduct a hepring on whether the application should be dismissed for failure to
PAGE 40F8
ORIGINAL
include information necessary to make a recommendation, based on the standards set
forth in this division.
(1) Det~rmined insufficient If the planning director detenmnes the
application is not complete, a written notice shall be mailed to the applicant
specifying the application's deficiencies. No further action shall be taken on the
application until the deficiencies are remedied. lfthe applicant fails to correct the
deficiencies within thirty (30) calendar days of a notice of deficiencies, the
application shall be considered withdrawn, and the application fee shall be
refunded to the applicant, upon request.
(2) Det~rmined sufficient. When the application is determined sufficient, the
planning director shall notifY the applicant in writing and, within sixty (60)
calendar days, forward the application to a special master to set a hearing date.
The planning director may forward to the special master additional materials,
application~. or decisions related to the application, including recommended
forms of relief, consistent with this division. \
Set. 9.5-175. Attjon by the special master.
(a) Establishrqent of date for hearing and notice. The special master shall
schedule and hold a hearing on an individual beneficial use determination application
within ninety (90) calendar days of receipt of the compl.ete application from the planning
director.
(b) Hearing. At the hearing, the landowner or landowner's -representative shall
present the landowner's case and the planning director or the planning director's
representative shall represent the County's case. The special master may accept briefs,
evidence, reports, or proposed recommendations from tbe parties.
(c) Recommelldation of the special mastel", Within sixty (60) calendar days of the
close of the hearipg, the special master shall prepare and transmit in writing to the
planning director and the landowner, or their representatives, a recommendation
regarding the application., based on the evidence submitted and the standards set forth in
sections 9.5-178 aqd 9.5-179.
(1) If the special master's recommendation is that feliefis not appropriate, the
special master's recommendation shall specify the basis for the recommendation.
(2) If the special master' 5 recommendation is that relief is appropriate, the
special master's recommendation shall:
a. Recommend a form of relief, pursuant to section 9.5-179.
b. Indicate the basis for the recommendation, including, as
applicable:
I. identification of the County land development regulation,
cOIl1prehensive plan policy, or other action that resulted in the
recqrnmendation for relief; and
PAGe: :;; OF 8
ORIGINAL
2. the date the land development regulation, comprehensive
plaq. policy, or other final action of the County affected the property so as
to necessitate relief.
Sec. 9.5-176. Adlon by the planning director.
Based on the recommendations of the special master, the planning director shall prepare
the item for consideration by the Board of County Commissioners, The planning director
may not disturb or alter the recommendations of the special master. Within thirty (30)
calendar days of receipt of the recommendations of the special master, the planning
director shan forwllfd the special master's recommendation to the Board to set a public
hearing on the matter. The planning director may include with the recommendation a
proposed process and schedule for implementing the special master's recommendation.
Sec.9.5-177. Action ofthe Board.
I
Following receipt of the matter from the planning director, the Board shall set the matter
for a public hearing. The County shall provide notice and the applicant shall be provided
an opportunity to be heard prior to the decision of the Board. ..The recommendation of the
special master is not binding on the Board. At the bearing, the Board, by resolution, shall
approve, modify, r~verse. or approve with conditions, the recommendations of the special
master, based on the standards of sections 9.5-178 and 9_5-179. The resolution shall:
(a) state the dale, if any, upon which any resolution granting reliefwill cease to be in
effect~
(b) state that neither the Board's resolution nor any process or - evidence associated
with this division is an admission of a taking of property;
(c) direct County staff to undertake any additional steps necessary to implement the
resolution; and
(d) address other matters necessary to implement the purpose and intent of this
division.
See. 9.5-178. Beneficial use standards.
(a) Standard. In furtherance of the purpose and intent of this division, and
consistent with Policy ]01.18.5 of the comprehensive plan, re1iefunder this division may
be granted where a court of competent jurisdiction likely would detennine that a final
action by the County has caused a taking of property and a judicial finding of liability
would not be precluded by a cognizable defense, including lack of investment~backed
expectations, statutes of limitation, laches, or other preclusions to relief. Whether such
liability, at the time of application under this division, is likely to be established by a
court should be determined based on applicable statutory and case law at the time an
application is considered under this division.
(b) Burden. The applicant shall have the burden of showing that relief under this
division is appropriate.
9.5-179. Granting of relief.
PAGE60F8
ORIGINAL
(a) Generat If the Board detennines that relief is appropriate under this division.
relief may be granted, as provided in this section and consistent with the comprehensive
plan.
(b) Fonns of relief. In order to avoid an unconstitutional result and to provide a
landowner with an economically viable use of property pursuant to this division, the
special master may recommend and the Board may allow for additional use{s), density, or
relief beyond that allowed by a literal application of the land development regulations or
comprehensive plan on the particular property, which may include:
(1) Red~signation of the property on the land use map or future land use map~
(2) Permits for development despite the literal application of the land
development regulations and comprehensive plan, although permits issued
pursuant to this section shall be subject to applicable construction deadlines and
expiration dates under chapter 6 of the Monroe County Code;
(3) Transferable development rights (TDRs);
(4) Eligibility for dedication of the property. pursuant to section 9.5-
122.3(a)(5);
(5) Rep~al or amendment of the land development regulation or
comprehensive plan policy affecting the subject property;
(6) Any other economically beneficial use of the property or reHefthe Board
detennines appropriate and adequate under section - 95-178 and the
comprehensive plan; or
(7) Any combination of the above.
(c) Minimum increase. Relief granted pursuant to this division shall be the
minimum necessary to comply with section 9.5-178. The highest, common, or expected
use, is not intended as an appropriate remedy, unless expressly required by applicable
statute or case law.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence. clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and aU Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 5. Inclusiqn in the Code. The provisions of this ordinance shall be included and
incorporated. in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform
number system oftbe Code,
PAGE: 7 OF'S
ORIGINAL
Section 6. Approval by tbe State Department of Community Affairs. The provisions
of this Ordinance constitute a l'land development regulation" as State law defines that
term. Accordingly, the Monroe COUDty Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to
Sections 380.05(6) and (11), Florida Statutes and to the Secretary of State for the State of
Florida, as required.
Section 7. Effective Date. This Ordinance shall be effective immediately upon approval
by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the IBth day of July, 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
3: I::)
S "po
- -
:gn7:?
r-n';-".
.:-"), .--
~s:.':...;
\?,:<:~ ~.
~ ::.:"" -;:'~ :
~.Il i~")
\' PI
:p-"
~
Yes
, Yes
~
Yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
~1f~
Mayor Mario DiGennaro
(SEAL)
ATTEST: Danny L Kolhage, CLERK
B~
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
Deputy Clerk
LEY
ASSISTANT COUNT HORNEY
Date c;-~ (..a..., ~.AO I
PAGE80F8
g
--l
~
G')
Q'\
-0
3:
(.0)
.'
~
.....
-n
-
r-
fT\
o
-n
Cl
::0
;D
r.,
o
o
;xl
'='
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH or-FleE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HICHWAY
MARATHON. FLORIDA 33050
TEL. (305) 289.6027
FAX (3(5) 289.1745
MONROE COUNTY COURTHOUSE
50(} WHITEHEAD STREE.T. SUITE 101
KEY WE51; FLORIDA 33040
TEL. (305) 292.3550
FAX (305) 295.3663
BRANCH OfFrCE
PLANTATION KEY
GOVERNMENT CENTER
88B20 OVERSEAS HIGHWAY
Pl.ANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (3(5) 852-7146
August 16, 2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2488
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 035.2007 repealing Sections 9.5-171 through 9.5-174 of the Monroe
County Code concerning Beneficial Use Determinations; providing for new Regulations
concerning Beneficial Use Determinations; providing a forum for relief; providing an application
process; providing for a hearing and recommendation by a Special Master; providing for
forwarding such recommendation to the Board of County Commissioners for a hearing;
providing for standards, burden of proof and forms of relief; providing for codification,
severability and repeal of inconsistent provisions; providing for forwarding of this Ordinance to
rhe Department of Community Affairs and the Secretary of8tate; providing for an effective dare.
Ordinance No. 036-2007 approving a request by Pine and Palms Trailer Park Association
for a Land Use District Map amendment from Urban Residential Mobile Home-Limited
(URM-L) to Urban Residential Mobile Home (ORM) for property legally described as Lots 1-16,
Maloney Subdivision, Pine & Palms Trailer Park, Stock Island, Section 35, Township 67, Range
25, Monroe County, Florida, having real estate numbers: 00126100.000101, 00126100.000102,
00]26100.000103, 00126100.000104, 00126100.000105, 00126100.000106, 00126100,000107,
00126100.000108, 00126100.000109, 00126100.000110, 00126100.000111, 00126100.000112,
00126100.000113,00126100.000114,00126100,000115, and 00126100,000116.
Ordinance No. 037-2007 approving the request by Lee Robert Rohe, on behalf of Ruben
Investment Properties, to amend the Land Use District Map for the following properties from
Ordinance No. 035-2007 to 038~2007
Improved Subdivision (IS) to Sub Urban Commercial (SC). The properties are physically
located on First Street, Big Coppitt Key and are legally described as Block 18, Lot I,
lohnsonville Subdivision, PB I-53, Big Coppitt Key, Monroe Co Wlty, Florida and part
Government Lot 3, Big Coppitt Key, Monroe County, Florida. The real estate numbers are
00153240.000000 and 00121660.000000, at approximate mile marker 10.
Ordinance No. 038-2007 providing for a moratoriwn on the acceptance of development
applications for the redevelopment of mobile home parks within unincorporated Monroe County;
providing for exemptions; providing for vested rights; providing for appeals; providing for
exhaustion of administrative remedies; providing for a commencement date of May 16, 2007 and
an expiration date of November 16, 2007, or when amendments to the mobile home park
redevelopment regulations become effective, whichever comes first; providing for transmittal to
the Department of Community Affairs; providing for severability; and providing for an effective
date.
,
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on July 18, 2007. 'Please file for record. Should you
have any questions please feel free to contacl me at (305) 295-3130.
Darmy L. Kolhage
Clerk ofthe Circuit Court
and ex offielo Clerk to the
Board of County Commissioners
by; Pamela G. Hancock, D.C.
cc: Via E-Mail to thefallowing:
Growth Management
County Attorney
BaCe
File
CHARLIE CRIST
Governor
~
~LORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
August 22, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
, .
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letters dated August 16, 2007 and certified copies of Monroe County Ordinance Nos. 028-2007, 029-
2007,031-2007,032-2007,035-2007,036-2007,037-2007 and 038-2007 which were filed in this office
on August 20, 2007.
Sincerely,
%~~
Liz Cloud
Program Administrator
~ 0
~ :::-
;:::In:Z:
0- r::l;
rT"1 _ -...
o~l"""-
on~.
~?';;'.'
:(:2 :::
~. ~
~.. pt
~
<=
c::::>
0-.1
;Do
C
G">
N
,z:-
-;"l
LC/lbh
-0
:;It:
c..>
.-
N
tI1
.--
m
t;::l
.1
~
':'.J
-:n
rn
.:'?
o
-0
is
OIlWCTOR'S OFI'!CH
R.A. OnlY Building . 500 South BlDnough S~cl . T;ill;hass"", rJori~ n399-0250
~SO.245.GGOlJ . FAX: 850.2-15,6135 . TOO; 85[1.922.40&5 . bttp:lldll!l.d"',$131~fLl1<
COMMUNllY DEV(;LOPMENT
850.245.6600 . F^-": 850.245.6543
STA TR L[BRARY OF I'l..ORlD/\
850.245.6600 . FAX; 8S0.245.671~
ST A 7F. ARCHIVES OF FLORIDA
850.245.6700 . FAX, B50.488.4SgQ
ADM:INISTRA'lWE CODE MID WEEKLY
850:24S.6270 . F,\X: BS0.245.6?B2
I,.EGlSLATIVE LIBRARY SERvrCE
850.488.281 J . FAX: S50.488.g87D
RECORDS MANAGEMENT SERVICES
850.215.6750 . FA-X 350.21S.6795
.W
.::>>
",.11
p" ~ s 2 .....-........,..
.
.
,
,
.
.
< i.
r g
l.ci
:(1) en
l~m
C% fen cp
,- :.c iu
: m '0)-0
-... , 'J! l'- t W~!l'~ ~5-g
T: . i ;,'--1 i1 il-~ =: g ~
, . , Cl ~, ... , .
; , '~~a)m1>>
. . ~ -=tlrt j_!1J)
- ~ ~-::-; 0;1-;". -I- ~:;:. ~rn
~ .. "- --" ~ ~ tU ::! ,~
.; -. .E w, ..;; 0 ,:..as
~ ~ i! l! iii~ i'"1'CI.? i
<:SI -.. ~.~ ': i-'
~~ ~~ ~
n:~ ~l< ~ 0;'
g -." l; I :a~!il.'
@. J!@ '" Wi 15 :i:i
0000 09'['[ !iDOL
Ii
I
~
~ ~ ~ C>
;:r;
C ~ i 'i'i ~
i
g,'" 0 ~~ I }l
<~ '0
DO 2 DO \., 0 ~
. : (>. -l2
... Q ~I ~
iIt tn
~ W tn
~~ a:: ~ E 0 ~ ;;r-
an ~ g' g ru
I~ <( 000,1& H
.:I"
.~ W ~ ~
~il .....J 'a '" .~ m
i--:" ~ ~ U ~~]~ ~ D
F31"l!~ D
~.. (b ~.il u CJ
'" ,?,ui .Q ll:m CJ ii.
" .. UJ
'" ~ "';'- hOD ~ .~
(ij .!!!:;;; D
~ X c:i ci II:
<'i ..r Jl "
H ;;
r1 ~
0
ql ~ B 0 LI) ii
;;... If) I:J ~
Qi .!!! 32 t\I Cl
- ~ c.. Q) 0 l'- Cl
Cl.~ :::: CD I
E . \'0 ?; _0>
8 m5E 0>0>
'-.c:"'jlJ (Dct)
~-o.c "'0 ....t'J
~'t:I c..._ . ....c: 00(1)
..... 0 ...... (.I)
o(lI>~~o;t:: o ~
.- E .....0) .t:m '<l'
t':i~lEuu"" r!u O)g'~ 0
~ ~'t>~.:g a Cl
c;\I
~i"'lIl<l) -Ot:. L.. J ~
f/l 0-- 0 0
(\j -aE5g 't;; "0 c:- '"
":j[ij~.s~ .- CD = 0 LL ::J
S E>::3Oi - .~ .c
~EI~~~ I -o+::m cP i lb
u..
4: ~ >-; ~ .... .,
=:gjc cn,g 1l E ...-
E 1i:i ~ :::s CD ...-
$E:3~:2~ ~ as-ClOG ~.g co
<1\-- 0 - ...c U)-'= Z Ji C'?
c.. 'It >. 15 L:. - '" - c
E~"E:5g6 2 g-E-io= Ji., E
8.~tt2~6 :i ...."'0 -Om ~ ~ 0
Q, <(0: lOr ~ ef~
. . . oJ: t'II 0.
DCA Final Order No.: DCA07-0R-263
ST ATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
/
~
Cl I:)
== )>
3('")2;;
f11; :.(
~
~"2 5:J: .
:;:::-. "
;:.~ ~:~"~ :'
..,.,
1- '"01
..'D- J.I
N
~ :J
-.. r-
o rl1
~ ::"'J
o ~---=7.l:---_0
r''')
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS "_0_
--ADOPTED BY MONROE COUNTY
ORDINANCE NO. 035-2007
FINAL ORDER
: 't~
-0 ;, I
~ oj
-
f:.} "'J
'.::;a
...,.....
t..) I......
(JJ '="
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to gg 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Std!. .(2006), approving a land
, .
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Plorida Keys Area is a statutorily designated area of ~rftical state concem~
and Monroe County is a local government within the Florida Keys Area.
2. On August 29, 2007, the Department received for review Monroe County
Ordinance No. 035-2007 ("Ord. 035-2007"), adopted by Monroe County on July 18,2007.
3. This Ordinance does repeal the current Sections 9.5-174 through 9.5-174 of the
Monroe County Code. Ord. 035-2007 does add provisions 9.5-171 through 9.5-179 to the
Monroe County Code. The pUrpose afthis Ordinance is to provide additional guidance to
applicants and County staff for processing Beneficial Use Detennination applications and to
provide a non~judicial procedure by which a property owner may seek relieffrom the IiteraJ
application of applicable Plan and LDR provisions including but not limited to setbacks, buffer
yards and clustering when such application is alleged to have the effect of denying all
economically reasonable use of the property.
4. Ordinance 035-2007 is consistent with the 20 I 0 Monroe County Comprehensive
Plan.
DCA Final Order No.: DCA07-0R-263
CONCLUSIONS OF LAW
6. The Department is required to approve or reject land development regulations that
_ ___.__....._._ are enacted, amended, or r~~cinded.-h~.any...local.ge.Wlrament iH-theFloridaKeys Area of Critical
State Concern. 9 380.05(6)~ Fla. Stat.~ and 9 380.0552(9), Fla. Stat. (2006).
7. Monroe Cauntyis a local government within the Florida Keys Area of Critical
State Concern. 9380.0552, Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8).
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ofland. ~ 380.03'1(8), Fla. Stat. (2006). The
regulations adopted by Ord. 035-2007 are land development regulations.
9. AU land development regulations enacted, amended, or rescinded within an area
of critical state concern. must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in ~ 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community AfJairs. 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
I 999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
10. Ord. 035-2007 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(I) To protect the public health, safetYt and welfare ofthe citizens
ofthe Florida Keys and maintain the Florida Keys as a unique
Florida Resource.
11. Ord. 035-2007 is consistent with the Principles for Guiding Development as a
whole.
2
DCA Final Order No.: DCA07-0R.263
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVEJiEARING BEFQRE ANA DMfNTSTRATDtE-LA-W-JUD.G.E-GF-mE ___.
------- "DiVISION OF ADMINISTRATNE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28.106, PARTS I AND IT, FLORIDA
ADMINISTRATIVE CODE. AT A FORL'\1AL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENT A TIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, I'PETITION FOR
ADMINISTRATlVE PROCEEDINGS" WITHIN 21 CALENDAR DA VB OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL; 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
t 06, 104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDJA nON. A
REQUEST FOR MEDIA nON MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSTNG MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
4
DCA Final Order No.: DCA07-0R-263
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original ofthe foregoing Final Order has been filed with
the undersigrred, g~signated A~.&;:lL Clerk.-and..that.true ancls,orrect-copiesl:la;v.e..beea-furnish cd
. '-tOthe persons listed below by the method indicated thi~ ~ay of October, 2007.
,;J
U
"
') t/~
By U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe COtmty
500 Whitehead Street, Suite 102
Key West, Florida 33040
, .
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Aref loulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagencv Mail:
Clark Turner, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: County Attorney
Bulk Item: Yes
No -2L
Department: County Attorney
Staff Contact Person!
Phone #: Christine Limbert-Barrows/#3475
AGENDA ITEM WORDING:
A public hearing to consider adoption of an Ordinance amending Monroe County Code to require
businesses to obtain a commercial collection service agreement and provide proof of a current
commercial collection service agreement upon issue or renewal ofthe business tax.
ITEM BACKGROUND:
In order to ensure that businesses that operate within Monroe County comply with obtaining
commercial collection service agreements, the proposed ordinance will: a) amend Section 21-46, MCC
to expand the definition of 'Commercial collection service" to include businesses; b) amend Section 21-
74, MCC to expand commercial collection service to businesses; c) amend Section 21-74(2)(a), MCC
to require businesses to obtain a commercial collection service agreement; d) amend Section 23-76(a),
MCC to require businesses to provide a current commercial collection service agreement before a
business tax will be issued or renewed.
PREVIOUS RELEVANT BOCC ACTION:
The Board adopted the current version of Section 21-46, MCC in 2000 (See Ord. 35-2000); Section
21-74, MCC in 1992 (See Ord. 25-1992); and Section 23-76, MCC in 2006 (See Ord. 027-2006).
2/17/10 BOCC approved Public Hearing for March 17, 2010 at 3:00 p.m. in Marathon.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: n!a
INDIRECT COST: n!a
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: n!a
No
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
COST TO COUNTY: n/a
REVENUE PRODUCING: Yes
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X
Not Required_
AGENDA ITEM #
ORDINANCE NO. -2010
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 21-46 OF THE MONROE
COUNTY CODE; AMENDING SECTIONS 21-74 AND 21-
74(2)(a) OF THE MONROE COUNTY CODE; AMENDING
SECTION 23-76(a) OF THE MONROE COUNTY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 21-74(2)(a) of the Monroe County Code (MCC) currently only
requires owners and occupants of commercial property within the county to enter into an
agreement with a collector for commercial collection service; and
WHEREAS, there are businesses that operate within Monroe County that are mobile or
operate out of a residential property which are currently not required to comply with MCC
Section 21-74(2)(a); and
WHEREAS, businesses that are mobile or that operate from a residential property still
generate solid waste that a commercial property would generate for purposes of commercial
collection service; and
WHEREAS, such businesses should be required to enter into an agreement for
commercial collection service pursuant to MCC Section 21-74(2)(a) since failure to do so may
effect the overall cost of garbage collection for the taxpayers of Monroe County; and
WHEREAS, in order to ensure that businesses that are mobile or operate out of a
residential property comply with MCC Section 21-74(2)(a), the definition of ~'commercial
collection service" under MCC Section 21-46 and the requirements under MCC Section 21-74
should be amended; and
WHEREAS, there is currently no enforcement mechanism in place to ensure compliance
with MCC Section 21- 74(2)( a); and
WHEREAS, in order to ensure that businesses comply with MCC Section 2l-74(2)(a),
the tax collector will require proof of an agreement for commercial collection service before a
business tax will be issued;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
[Proposed Text Changes are presented in strik-ethrough to indicate deletions and underline
to indicate additions.]
Page 1 of3
SECTION 1. Sec. 21-46 Commercial collection service is hereby amended to read as follows:
Commercial collection service means the collection, disposal and recycling of domestic solid
waste generated by commercial property or business provided by a collector.
SECTION 2. Section 21-74 is hereby amended to read as follows:
Sec. 21-74 Responsibility of property owners and businesses.
The owners and occupants of improved property and businesses that operate within the
cormty shall use the collection services provided by the collector for the service area
where such property is located, unless exempted by the provisions of this article. All
improved property shall be subject to the imposition of the solid waste assessment for
such services as may be established in the rate resolution.
SECTION 3. Section 21-74(2)(a.) is hereby amended to read as follows:
The owners and occupants of commercial property, businesses that operate within the
county and governmental property that generates solid waste regardless of use, within the
cormty shall enter into an agreement with a collector for the service area where such
commercial property or business is located to provide commercial and governmental
co llection service.
SECTION 4. Sec. 23-76(a) is hereby amended to read as follows:
(a) All persons obtaining a for the business tax for the fITst time must complete the tax
form prepared by the cormty tax collector and shall provide proof of a current
commercial collection service agreement pursuant to Section 21-74(2) of the Monroe
County Code. The business tax will not be issued or renewed until proof of a current
commercial collection service agreement is provided. The business tax provided for
in this chapter is for the primary purpose of raising revenue eHJy. It is not a County
permit to rmdertake any business, profession, or occupation at a particular site. The
tax collector shall, on a monthly basis, provide the county planning department with a
list of the taxpayer who have paid and the addresses of their respective businesses,
professions, or occupations. If the tax is paid for a business, profession or occupation
at an address that the planning department concludes violates that county's land
development regulations or comprehensive plan, then the county's code enforcement
department may undertake whatever action it deems proper to force a correction of
that violation. A statement similar to this subsection must appear on all business tax
forms.
SECTION 5. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstances.
Page 20f3
SECTION 6. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 7. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
confirm to the uniform numbering system of the code.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of March, 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairperson
CHRISTIN M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date d I f- I f)
Page 3 of3
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 17, 2010 at 3:00
P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 21 ~46 OF THE MONROE COUNTY
CODE; AMENDING SECTIONS 21-74 AND 21-74(2)(a) OF THE
MONROE COUNTY CODE; AMENDING SECTION 23-76(a) OF
THE MONROE COUNTY CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE.' If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrators Office, by phoning (305) 292-4441,
between the hours of 8:30 a,m, - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711 If,
Dated at Key West, Florida, this 17th day of February, 2010.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter (Fr)
Keynoter (Sa)
KW Citizen (Su)
2/19/10
2120/10
2/21/10
'-
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Bulk Item: Yes
No --1L
Division: _County Attorney
Department: County Attorney
Meeting Date: March 17, 2010
Staff Contact Person: Cynthia Halt #3174
AGENDA ITEM WORDING:
A public hearing to consider enactment of an ordinance amending Section 23-199(b)(4), Monroe
County Code, to remove the "excused absence for elected officials" exception within the Tourist
Development Council absenteeism policy.
ITEM BACKGROUND:
The TDC was originally created by the BOCC as an advisory council on June 16, 1981 via Resolution
No. 198-1981. The TDC is composed of nine members. Of the nine, eight are appointed by the BOCC
and one is the Mayor of the County or his or her delegate. Of the nine, six are representatives of the
tourist and three are elected officials (the County Mayor and two elected municipal officials, at least one
of whom is from the most populous municipality in the County). The TDC generally meets eight (8)
times in any given calendar of fiscal year. Until January 2008, the absenteeism policy of the TDC
established by the BOCC provide that any member who missed more than three consecutive regular
meetings, or any four in a given fiscal year, without official consent ofthe TDC would be automatically
removed and a new representative appointed by the BOCC. In January 2008, the BOCC passed
Ordinance 006-2008, which provided that the absence of an elected official (only) due to business or
travel related to his or her position would be considered an excused absence even without the vote of
the TDC.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 006-1008, passed January 16,2008.
2/17/10 BaCC approved a public hearing for 3/17/10 at 3 :00 p.m. in Marathon, FL
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: cost of advertising INDIRECT COST: n/a BUDGETED: Yes lNo
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY:
REVENUE PRODUCING: Yes
SOURCE OF FUNDS:
AMOUNT PER MONTH_ Year
No
APPROVED BY: County Atty ---X- OMB/Purchasing _ Risk Management _
DOCUMENTATION:
DISPOSITION:
Included X
Not Required_
AGENDA ITEM #
Revised 7/09
ORDINANCE NO. -2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDAJ AMENDING SECTION 23-199(b}(4}J
MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREASJ on June 16, 1981, the Board of County Commissioners of
Monroe County, Florida, created an advisory council known as the Monroe County
Tourist Development Council ("TOC") by passage of Resolution No. 198-1981; and
WHEREAS, the TOC is composed of nine members. Of the nine members,
six are persons involved in the tourist industry and three are elected officials. Of the
three elected officials, two are elected municipal officials, at least one of whom must
be from the most populous municipality in the county; and one is the chairperson of
the Board of County Commissioners or his or her delegate; and
WHEREAS, prior to January 16, 2008, the absenteeism policy of the TOC
passed by the BOCC and in effect provided that any member of the TDC other than
the chair who was absent from more than three consecutive meetings of the TOC or
a total of four regular meetings in any given fiscal year would automatically forfeit his
or her position on the TOC and the governing board of the County would appoint a
new member to serve the remainder of the unexpired term of that person, unless
excused from attendance by the TDC by consent of the council expressed in its
official meetings; and
WHEREASJ on January 16,2008, the Board of County Commissioners of
Monroe County, Florida, passed Ordinance 006-2008, which changed the
absenteeism policy for the elected officials (only) to provide that the absence of an
elected official because of business or travel specifically related to his or her elected
position shall be considered an excused absence and would be so noted in the
minutes of that meeting; and
WHEREAS, the TOC will meet eight (8) times in calendar year 2010 or fiscal
year 2009/10, and
WHEREAS, it is now the intent of the Board of County Commissioners to
change the policy to eliminate the special "excused absence" for elected officials in
order to ensure that the most populous municipality and the County have full and
consistent representation at the TOC meetings, and in order to avoid the possibilities
of tie votes or lack of quorum at the TOC meetings.
1
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
[PROPOSED TEXT CHANGES are presented in strikethrough to indicate
deletions and underline to indicate additions.]
Section 1. Section 23-1 99(b)(4) is amended to read as follows:
(4) Any member of the tourist development council who absents
himself from any three (3) consecutive regular meetings of said
tourist development council, unless excused from such attendance
by consent of the council, expressed by action of record in its
official minutes, or who is absent from a total of four (4) regular
meetings of said council in any fiscal year without having been
excused from such attendance by consent of the council
expressed by action of record in its official minutes, shall thereby
automatically forfeit his position and office as a member of the
tourist development council; and the name of such person shall be
automatically removed from the membership of said council
immediately after the adjournment of any such third consecutive
meeting or any such fourth meeting in any fiscal year, as the case
may be, at which such member has not appeared. The council
shall thereupon promptly notify the member so removed, and the
governing board of Monroe County shall thereupon appoint a new
member to serve the remainder of the unexpired term of the
member so removed. Hm.^jever, the :Jbsence of an elected official
because of business or travel specifically related to his/her eJocted
position, who is a member of the TDC by virtue that elected
position, shall be considered an excused absence and shall be so
noted in the minutes of that meeting.
Section 2. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict
Section 4. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto, and the Monroe County Code shall be
appropriately renumbered to conform to the uniform numbering system of the Code,
Section 5. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the _ day of March 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Deputy Clerk
By: Mayor/Chairperson
3
13 RANCH OFFICE:
M,\RATl-IO~ 5L:n COU IHHOL:Sl
3117 O\'FR~EAS H1GHW~.y
MARI\HION, fLORIDA :noso
nL. (3ll5) 289-6027
f.\:>' (:'Ins) 289.1745
BRANCH OffiCE:
PLANTATION Kn
GOVERNMEJ>;T CFNTER
88820 OVERSEAS HIGHV>AY
PLANTATION KEY, FI.ORlDA ?:'IOin
TEL. (305) 852-71.15
fAX (305) 8S2-71.lb
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUlTE 101
KEY WEST, FLORIDA 33040
TfoL (305) 29'l-4641
F,\x POS} 295-:'1663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the~court.com
ROTH BurLDI:>Jc~
50 HIGH POINT ROAn
PLANTATION KEY, FLORIDA 330711
TEL. (30S) 852-7145
FAX (305) 853-744Ll
Februal}' I, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2068
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 006w2008 amending Section 2-299, Monroe County, providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective date,
Ordinance No. 007-2008 clarifying the authority for the appointment of members to the Monroe
County Shared Asset Forfeiture Fund Advisory Board; providing for terms of members; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on January 16, 2008. Please file for record. Should you have
any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via E-Mail to the following:
Municipal Code TDe
County Attorney BOCe
MeSO File
ORDINANCE NO. 00'.2008
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 2-299, MONROE
COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 16, 1981, the Board of County Commissioners of
Monroe County, Florida, created an advisory council known as the Monroe County
Tourist Development Council ("TOC") by passage of Resolution No. 198-1981; and
WHEREAS, on February 16, 1988, the Board of County Commissioners of
Monroe County, Florida, passed Ordinance 015-1988, which established Section 2-
297 of the Monroe County Code and, in pertinent part, delineated rules for
appointment of representatives to the TOC and District Aqvisory Councils; and
WHEREAS, on October 18, 1995, the Board of County Commissioners of
Monroe County. Florida, passed Ordinance 045-1995, which amended Section 2-
297(F) of the Monroe County Code and provided additional rules for appointment of
members to District Advisory Councils; and
WHEREAS, on September 19, 1996, the Board of County Commissioners of
Monroe County, Florida, passed Ordinance 050~ 1996, which further delineated the
qualifications necessary to serve as a representative to the TDC; and
WHEREAS, it is the desire and intent of the Board of County Commissioners,
after recommendation from the TOC, to clarify that the intent of the tourism-related
and lodging industry appointments to the TDC and the District Advisory Counclls
was that these positions should be filled with people who are willing and able to
serve as representatives of the geographic areas in which their businesses are
located, and also to clarify the absenteeism policy.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOllOWS:
Section 1. Section 2-299(8)(1), Monroe County Code, is hereby amended
as follows:
(1) The Monroe County Tourist Development Council, following the
expiration of terms of its members heretofore established and
appointed, shall be composed of nine (9) members. Eight (8)
members of the board shall be appointed by the governing
board of Monroe County based on a percentage of the funds
collected throughout the five (5) tax collection districts, as set
forth in subsection (G) of this section. Each tax collection
1
district shall have no less than one (1) representative on the
council. The ninth member of the council shall be the chairman
of the governing board of Monroe County or any other member
of the governing board as designated by the chairman. Two (2)
members of the council shall be elected municipal officials, at
least one (1) of whom shall be from the most populous
municipality in the county. Six (6) members of the council shall
be persons who are involved in the tourist industry and who
have demonstrated an interest in tourist development, of which
members, not less than three (3) nor more than four (4) shall be
owners or operators of motels, hotels, recreational vehicle
parks, or other tourist accommodations in the county or subject
to the tax. Each of the six members of the council who are
involved in the tourist industry shall represent a tax collection
district in which is located the business or businesses that
qualify the individual as a lodging or tourist-related industry
representative.:. All members of the council shall be electors of
the county. The governing board of the county shall allow the
council to elect a chairman. The chairman shall be elected
annually and may be reelected.
Section 2. Section 2-299(8)(3) is amended to read as follows:
(3) All district vacancies occurring on the tourist development
council shall be filled by a person who is also qualified under the
terms of Florida Statutes, section 125.0104(4)(e). In addition to
the vacancies described in subsection (8)(4) of this section, a
seat shall also be considered vacant when a member is no
longer an owner, operator, partner, employee or director of a
lodging or tourist-related business in that district.
Section 3. Section 2-299(B)(4) is amended to read as follows:
(4) Any member of the tourist development council who absents
himself from any three (3) consecutive regular meetings of said
tourist development council, unless excused from such attendance
by consent of the council, expressed by action of record in its
official minutes, or who is absent from a total of four (4) regular
meetings of said council in any fiscal year without having been
excused from such attendance by consent of the council
expressed by action of record in its official minutes, shall thereby
automatically forfeit his position and office as a member of the
tourist development council; and the name of such person shall be
automatically removed from the membership of said council
immediately after the adjournment of any such third consecutive
meeting or any such fourth meeting in any fiscal year, as the case
may be, at which such member has not appeared. The council
2
Section 4.
as follows:
shall thereupon promptly notify the member so removed, and the
governing board of Monroe County shall thereupon appoint a new
member to serve the remainder of the unexpired term of the
member so removed. However, the absence of an elected offIcial
because of business or travel specifically related to hislher elected
position, who is a member of the TDe by virtue that elected
position, shall be considered an excused absence and shall be so
noted in the minutes of that meeting.
Section 2-299(F)(2), Monroe County Code, is hereby amended
(2)
The advisory committees shall be comprised of nine (9)
members, whose qualifications shall be three (3) from the
lodging industry, three (3) from tourist-related businesses, and
three (3) from the general public. Each of the six members from
the lodging industry or tourist-related businesses must have
their primary place of business in that tax collection district. A
seat of one of these members will be consider vacant when the
member no longer has his primary place of business in that tax
collection district. The members of the advisory committee from
the general public will be individuals who either live or work
within the tax collection district. A seat of one of these members
will be considered vacant when the member neither resides nor
has his primary place of business in that tax collection district.
Section 5. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected such
invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
Section 7. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto, and the Monroe County Code shall be
appropriately renumbered to conform to the uniform numbering system ofthe Code.
Section 8. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
. ordinance has been filed with said Office.
3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 16thday of January,
2008.
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY I FLO DA
By:
irperson
4
:t Cl
o 'J.~'
X :.-.
;o~J~
o .....
r" ~:-.,
i"1'" "rOc.
;:::In"
~~. ::G .
"'L""'- ,r
--ie)
-:;,:.~..
-.1 -~:j
I p1
:P-
~
c:::>
d:>
-.,
~
1
...\<~~
.\
~'7t
':...J
~-'.1
::.....
-0
-
--
r::?
~
c..>
~. ~I(
c';,
J'':':1
;::s
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 17,2010 at 3:00
P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption ofthe following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 23-199(b)(4) MONROE COUNTY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrators Office, by phoning (305) 292-4441,
between the hours of &30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711 ".
Dated at Key West, Florida, this 18th day of February, 2010.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter (Fr)
Keynoter (Sa)
KW Citizen (Su)
2/26/10
2/20/10
2/21/10
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: County Attorney
Bulk Item: Yes
No-L
Staff Contact Person: Commissioner Murphy # 7175
Suzanne Hutton #3473
AGENDA ITEM WORDING:
A public hearing to consider adoption of an ordinance to prohibit any public officer or employee from
receiving a commission or other compensation for a transaction recommended or approved by the
public officer's board or public employee's agency.
ITEM BACKGROUND:
Discussion was held at an earlier meeting of the Monroe County Land Authority about the propriety of
a realtor sitting on the City advisory board that recommends parcels for purchase to the City which, in
turn, recommends to the Monroe County Land Authority parcels to be purchased and that realtor
getting a commission from the sale. In the specific instance, the realtor was not appointed to the City
advisory board until after the purchase recommendation had been made. However, it is deemed
important to the public trust that efforts be made to avoid the potential for people to influence by their
position a transaction that results in them receiving a commission.
PREVIOUS RELEVANT BOCC ACTION:
2/17/10 BOCC approved Public Hearing for 3:00 P.M. for March 17,2010 in Marathon, FL
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included XX
Not Required_
DISPOSITION:
AGENDA ITEM #
Mayor Murphy
ORDINANCE NO. _ - 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER
2, PROVIDING FOR PROIDBITION OF AGAINST RECEIPT OF A
COMMISSION OR OTHER COMPENSATION FOR A
TRANSACTION RECOMMENDED OR APPROVED BY A PUBLIC
OFFICER'S BOARD OR A PUBLIC EMPLOYEE'S AGENCY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it IS III the public interest to ensure, honest servIces III County
govenunent; and
WHEREAS, it is desirable to avoid any impediment to the full and faithful discharge
of the duties of public officers and employees where the officer or employee is in a position
to receive compensation related to a County transaction which will come before that officer
or employee in his official capacity; and
WHEREAS, it has become apparent that there are indirect relationships whereby an
officer or employee may derive a financial benefit from a transaction approved or
recommended by his board or department, and not be in violation of Section 112.313(5),
Fla. Stat., which prohibits public officers and employees from accepting other employment
which creates "a conflict between his private interests and the performance of his public
duties, or will impede the full and faithful discharge of his public duties;" and
WHEREAS, Commission on Ethics Opinion 80-15 advises against realtors sitting on a
public real estate acquisition committee due to the potential for violation of Sec.
112.313(6), F. S., relating to misuse of public position, and (7)(a), if private employment
would impede the full and faithful discharge of public duties; and
WHEREAS, the receipt of any type of compensation as a result of any action by the
BOCC, regardless of how indirectly the route may be through which the official or
employee receives that compensation, has the potential for raising distrust of the public in
governmental operations; and
WHEREAS, it is expected that the elimination of a commission in a transaction could
reduce the cost of that transaction to the County; and
Prohibit Commission or other Compo
1
Mayor Murphy
WHEREAS, it is "deemed in the interest of an open and transparent government
which instills the public trust to extend the ethical constraints on public officers and
employees beyond the parameters of state statutes on the matter; and
WHEREAS, it is not deemed necessary to be so restrictive as to preclude from sitting
on advisory boards people who have a general interest in the subject matter due to their
business or employment and who would abstain from discussion and voting on certain
matters pursuant to the State ethics laws and would only benefit in the sense that the whole
community or industry benefits from the actions or recommendations of their board;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 2-429, Monroe County Code, is hereby created to read:
2-429. RECEIPT OF COMPENSATION BY PUBLIC OFFICER OR EMPLOYEE
PROHIBITED.
(a) It is prohibited for any public officer or employee. whether serving as County
officers or employees or as public officers or employees of other governmental entities to
receive a commission or any other compensation for a transaction recommended or
approved by the governmental board upon which the public officer sits or the agency by
which the public employee is employed.
(1) This prohibition does not extend to situations where a public officer or employee
receives a benefit from the generation of business that benefits all businesses
similarly situated to that owned or employing the public officer or employee. but
applies only to commissions or compensation that is particular to the officer or
employee.
(2) An attorney employed or on retainer by any local governmental entity in Monroe
County and contracted to provide services to Monroe County or any agency thereof
may be exempted by the terms of his contract as approved by the Board of County
Commissioners. from the provisions of this ordinance.
(b) The board of county commissioners may void any action or contract entered into in
connection with a matter where it is determined that this section has been violated.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
Prohibit Commission or other Camp.
2
Mayor Murphy
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on
provided that this Ordinance shall be filed with the Department of State as provided in section
125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _th day of ,2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
Prohibit Commission or other Compo
3
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 17,2010 at 3:00
P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2,
PROVIDING FOR PROHIBITION OF AGAINST RECEIPT OF A
COMMISSION OR OTHER COMPENSATION FOR A TRANSACTION
RECOMMENDED OR APPROVED BY A PUBLIC OFFICER'S BOARD OR A
PUBLIC EMPLOYEE'S AGENCY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p,m" no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711".
Dated at Key West, Florida, this 17th day of February, 2010.
(SEAL)
DANNY L. KOLHAGE, Clerk ofthe Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter (Fr)
Keynoter (Sa)
KW Citizen (Su)
2/19/10
2/20/10
2121/10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division:
Growth Management
Bulk Item: Yes
No --K-
Department: Planning and Env. Resources
Staff ContactJPhone #: Tiffany Stankiewicz 289-2513
Michael Roberts 289-2502
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for
Priscilla Davis on Lot 16, Block 2, Cudjoe Gardens 2nd Addition, Cudjoe Key, Real Estate Number
00173550.000000.
ITEM BACKGROUND: A building permit was applied for on 3/10/2005 and a ROGO application
was applied for on 4/18/2005. The applicant applied for administrative relief on 1/5/2010 and is within
the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe
County Code. The site is within Tier III. This application was ranked #39 in Quarter 1 Year 18. The
site is not on the FEMA injunction list.
Staff recommends that administrative relief be awarded in the form of one (1) dwelling unit
allocation.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACVAGREEMENTCHANGES:WA
STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing N/ A
Risk Management N/ A
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
'm~~~~:q:~7~j! ~:,r:'~r'-'
'-_'>~'.;~:J;;V~~}J*~
'.,':" /1JJ
, '~
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional andfair
To:
Monroe County Board of County commissioner~
Tiffany Stankiewicz, Development Administrator <<
Michael Roberts, CEP; PWS, Sr. Administrator E vironmental Resourc~
From:
Through:
Townsley Schwab, Director of Planning & Environmental Resources-r?
Date:
February 26,2010
Subj ect:
Request for Administrative Relief for Davis
Lot 16, Block 2, Cudjoe Gardens 2nd Addition, Cudjoe Key,
Real Estate No. 00173550.000000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I. BACKGROUND
The applicant is eligible for Administrative Relief, has complied with all requirements of the
dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly
allocations and has not received an allocation award.
Date Entered ROGO: 4/18/2005
Date Entered Administrative Relief: 1/5/2010
Tier Score: 30
Tier 3: 30
Perseverance: 4
Flood Zone V: -4
This application was ranked #39 in Quarter I Year 18.
II. CURRENT CONDITIONS
Location: Lot 16, Block 2, Cudjoe Gardens 2nd Addition, Cudjoe Key, Real Estate No.
00173550.000000
Owner: Priscilla Davis
Applicant/Agent: Linda Davis
Land Use District: Improved Subdivision (IS)
FLUM: Residential Medium (RM)
Page 1 of3
05101181
Reviewed by _
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Tier: 3
Property is not on the FEMA Injunction list.
2009 Taxable Value: $136,000
Purchase Price in 2004: $250,000
Additional Relevant Information:
The property is located in Tier 3 and is vegetated primarily by upland grasses, with scattered
buttonwood. The parcel has a few native species and is bounded by developed properties to the
north and south. To the east is a paved roadway. To the west the subject property is contiguous
with a navigable canal. The Monroe County Protected Animal Species Map does not indicate
threatened or endangered animals in this area.
III. LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief Options:
Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the
2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an
allocation award in the ROGO system may apply to the Board of County Commissioners for
Administrative Relief. The applicant is eligible for Administrative Relief having complied with
all requirements of the dwelling unit allocation system and having been considered in at least the
first sixteen consecutive quarterly allocation periods, and not having received an allocation
award. The application was timely submitted for administrative relief in the form of one (1)
ROGO allocation award and the applicant has not expressed a desire to sell the property to the
County.
Relief Options under Administrative Relief:
The remedies available to the Board of County Commissioners for Administrative Relief
pursuant to Section 138-27(f) include:
a. Offer to purchase the property at its fair market value as its preferred action if the
property is located within: a) a designated Tier I area; b) a designated Tier IT area
(Big Pine Key and No Name Key); c) a designated Tier ill-A area (Special
Protection Area); or d) a designated Tier ill area on a non-waterfront lot suitable
for affordable housing.
b. Grant the applicant an allocation award for all or a number of dwelling units
requested in the next succeeding quarterly allocation period or extended pro rata
over several succeeding quarterly allocation periods as the preferred action for
buildable properties not meeting any of the criteria in (1) above.
c. Suggest or provide such other relief as may be necessary and appropriate.
In the event purchase is recommended and the owner refuses the purchase offer, the
applicant may remain in the ROGO System and continue earning perseverance points
according to Monroe County Code Section 138-28.
Page 2 of3
05101181
Reviewed by _
1
2
3
4
5
6
7
8
IV. RECOMMENDATION
It is recommended that the Board of County Commissioners find that the applicant has met the
criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be
adopted that establishes this relief awarding one (1) ROGO allocation in the next quarterly
ROGO allocation period which closes 4/12/2010, or a succeeding quarterly allocation period in
which administrative relief allocations are available.
9
Page 3 of3
05101181
Reviewed by _
RESOLUTION NO.
-2010
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
PRISCILLA DAVIS ON PROPERTY DESCRIBED AS
LOT 16, BLOCK 2, CUDJOE GARDENS 2ND
ADDITION, CUDJOE KEY, RE # 00173550.000000 IN
THE FORM OF ONE (1) DWELLING UNIT
ALLOCATION AWARD.
WHEREAS, Priscilla Davis 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 Priscilla Davis is for Lot
16, Block 2, Cudjoe Gardens 2nd Addition, Cudjoe Key in Monroe
County, Florida having RE# 00173550.000000.
2. The date of the ROGO application is 4/18/2005.
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 1/5/2010, under
Section 138-27 of the MCC and Policy 101.6.1 of the 2010
Comprehensive Plan.
ADMINISTRATIVE RELIEF REsOLUTION
RE# 00173550.000000
05101181
Page 1 of3
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.
8. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Cudjoe Gardens 2nd Addition 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 Priscilla Davis, for Lot 16, Block 2, Cudjoe Gardens
2nd Addition, Cudjoe Key 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 4/12/2010 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 17th day of March, 2010.
Mayor Sylvia J. Murphy
Mayor Pro Tern, Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Sylvia J. Murphy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
ADMINISTRATIVE RELIEF REsOLUTION
RE# 00173550.000000
05101181
Page 2 013
Bk 2 Lt 16, Cudjoe Gardens 2nd Add., Cudjoe Key.
RE #00173550.000000 Applicant: Davis
I' !~, PJl,:o-c--L'-:-'1 ~'il!':;~:;" rl~:" "\_.."H..',""":,
I"'"\. .. '-', , ,_ t ' _ .
')" {', Y, . , '~"""
i'''l~~ '~~~"j .!1!L1 :"_..' 1 ~\ ,.!~~. -ti':~' ," ,,';,'.:_
m ' I . ~~-- - -'. ill. 1 11,' Ii' , '/
' ,'- ~'~. -_...-.~--~: ',151-' "'10.1 If'~' ;.' '.
K" "" . - . '=1,' Ii, "I '__
I', " '.. -, rc-;'~I' '~'I I - "!" .' I~ 't.~ ,. ' ,
fl~.lil~I~,~ ';./ l-iJl.vc: .~~'~' 1/
1 ',~ ~.~ '-~,. ,,!. --..". , !', ~ 1',_ 1;' "
t. I'd.. .~ I J~ . f~~l. . I~;:;, ,
-'J I' ,,' ,..' -. ..i,~ J ;'.--."", :--- -'----- ---....,;/l.
;~ '"djI,l."".IJ_-+.:.....,..:-_.__~, . ~'~ '. ~~ ' '~:~' ,
'j '" 11--~~~_~.~_ - ~_~.,,' :_'------,---'-. ,.~ .'_---'_ : I /'V:;
, : "l '.--.-.--, 1 ' , ~ oj " I / .'J';,
"' ,I ---- . - -- " I' ; II 'f f- ,. i, /' ,,_ "", ,.
. "~I - ~t" ;,..~..'" 'I""'~'" "II ':-" '.' ~,,~ ~ j / ~"';
. f~ ~ i" .' ,----=-------- --=- ----, '1';1_:1 ',' , ,
~~' "~~ -,~--, ---. .:.'?..... f'~ ';:JnIIj j ,/ ,
~ I ~ - .1.,. ...' I r. .fI.........-- : . ~ ~ i
,. - - ,._-~ "'~"""""~---""",', , '. .' -,t, ,{ -' . "
"[-------,-:;-:r---I" -----r.- ,.. ',' . -. ~'-ti ,,'.-','
' I ' ~ "!,-, , -. - ~ r ,'.-
"'. ~, ".,' -li ,','
.: 'I" __.. ~J~ .,..1... i r _ ,~ .' 1 ,:~.~/ '
' '-II . r-=" . ~ -'. ~---;';~. -' f:. 1. II--.; 11 l-J ,.c.
,: 'j ~-,' '-'c,---, J "~~1 ,,' . )~~' ,or '_:...~~ ,'-'-:-aJ. f . ~'__/'
,.i ,I ~ iIJJ '-~_. "' (...1 ,i:)'~' ~~.;. '.i;i /:~,~ '
...,:. 1, :~.. .- ~-- " ,,,....~ - - ' -,," '. ",,) .-__ ,~"f;
": "I~"""""~>'~"- -,,'" .~ --~=rr' ,,':' '~" ;, :~@..~;~ ,i d ~ t 1
I -i\ ". ' I/""j' ~', 'I -7---~
ill .-\'.-,1 ....~.'--" . -, ,'.- ..I
[ Lard Use Delignal:ion I
,- ci}1!1 . .:
'.'~ H .-
-1"'- r ~f~- .
'{...,' -
DI !, ,.;. - ~
, . ,,.,.
: l'ill" -:J
"'j---'\' : ~~:,
. -..
" """ I,',
.', _,.......,Il ,
JI..' ",,:_.-1
~ '. 'ii .
, l ~ 1i
. , 5
'.;. ,--,I ",.i ~
.....,...~l .
'~. ,
.J::~~
I '.i.:,~j .~,'
: I';r ' I ,;~ _
-" _..
j'fI , .,<oJ,' .It
.,:c.c':~~
I,:,~t ~~.*
~ ,,{ ~
, .,1' .
~Wti I;
-""j )1
.~~
t "II"'
[ \-Iabital: ]
O~~~~~~E
Environmental Resources
[ Rorida I=orever ]I ~ FLFaeverBourdary I [ Protected gpedes ] . Average Number ofSpeclesOccurlng
Species Rlchn... IiIiIlI 2 5 _ B
_0 _3_0_9
_, ._7
~
..
N
~
~
IJ
This map is for use by the
IVbnroe County Growth
Management Dillision only,
The data contained herein
is nex a legal repesentation
of boundaries, parcels, roads
right of ways a- other
geographical data.
Prepered by J.n_ V..rls
1')\
:JI
5/512009 0015943?-0ooooo
2/4/2010 00161010-000000
31281200700161590-000000
212212006 00163011-000100
2/22/2006 00163011-000200
11/26/200700163460-000000
2/2212006 00163690-000000
9/121200700164140-000000
212212006 00164700-000000
2/22/2006 00164880-000000
10/20/2007 00165170-000000
3/23/2006 00165890-000000
1/2712009 00166080-000000
2/4/2010 00166120-000000
11/261200700166973-010000
3/412008 00166976-000000
41512006 00166976-006400
1/27/2009 00170630-000000
1127/2009 00170640-000000
9/13/2006 00172061-003800
9/1312008 00173650-0000OO
6/2612009 00173730-000000
5/312006 00174350-0??oo0
11/26/2007 00174635-001800
12/1612005 00178350-000000
12/1612005 00178360-0000OO
12/1612005 00178370-000000
12/161200500178380-0000OO
4/512006 oo1801~00000
6/1312006 oo180no-oooooo
2/22/2006 00180840-000000
6/1612008 00180980-000000
9/1312006 00181060-000000
41512006 00181460-000000
51312006 00181470-00??oo
6/2612009 00181480-000000
4/1812007 00181610-000000
4/6/2006 00181660-000000
1127/200900181860-000000
1127/20090018225?-?oo000
1/2712009 00182260-000000
6/1312006 00184440-00??oo
7/26/2006 00184720-000000
12/312008 oo1847~
121312008 oo184no-oo0000
8/31/2009 00184920-0000OO
314/2008 00185010-000000
6/1612008 00185020-000000
2/22/2006 00185260-0??oo0
3/28/2007 00185330-0??oo0
21412010 00185400-000000
8/4/2006 00185490-000000
''\ '1\ -\A ":t'"
, >') ( :;"1 :,
'" Y' <'>parcelsJemOVe<CfronUnjUnctio~ l){' :,<,
Page 3
,_~ ;'1':)
00173360-000000
00173540-000000
00173550-000000 ~
00173560-000000
00173570-000000
}~I )
F~ M lA L(~-f
t2.~""'o<1.€A {IDW) }J'( f cr /3/200(,
Property Search -- Mo'(J County(joperty Appraiser
Q
G
Page 1 of 4
Ervin A. Higgs, CFA
Property Appraiser
Monroe County, Florida
office (305) 292-3420
fax (305) 292-3501
Property Record View
Alternate Key: 1222933 Parcel 10: 00173550-000000
Ownership Details
Mailing Address:
DAVIS PRISCILLA
4507 POTTERY PL
DESTIN, FL 32541
Property Details
PC Code: 00 - VACANT RESIDENTIAL
Millage Group: 100C
Affordable No
Housing:
Sectlon- 29-66 28
Township-Range: -
Properly COLSON DR CUDJOE KEY
Location:
Subdivision: CUDJOE GARDENS 2ND ADD
Legal BK 2 L T 16 CUDJOE GARDENS 2ND ADDN CUDJOE KEY PB4-159 OR353-357/61 OR573-4040R573-405
Description: OR778-936/37 OR812-1073 PROBATE 12-203 OR1869-51/52 OR1872-55/56 OR1958-2125/26Q/C OR1996-
694/695 OR20 16-960Q/C(CTT)
httn://www.mcmtfl or17/Pron~p~r('h ~~nv
"""11""'_1_
Property Search -- MOrJe Coun~operty Appraiser
Parcel Map
'5
z
.."
",
173550
..-..-..
,tj
.--...-+.
2
Land Details
,,?l
W
}
Page 2 of 4
Land Use Code
M10C - RESIDENTIAL CANAL
Frontage
80
Depth
100
Land Area
8,000.00 SF
Building Summary
Number of Buildings: 0
Number of Commercial Buildings: 0
http://www .mcpafl.org/ProoSearch.asnx
"" /11 ''''A 1 f"\.
Property Search -- MOle Coun~roperty Appraiser
r)
If'!;.
'l(''J1
Page 3 of4
Total Living Area: 0
Year Built: 0
Appraiser Notes
2005/1/3 CLEARED AND VACANT; FOR SALE AGAIN;BRAFD BAKER REMAX 745-8897
Parcel Value History
Certified Roll Values.
View Taxes for this Parcel.
Roll Total Bldg Total Misc Total Land Total Just Total Assessed School School Taxable
Year Value Improvement Value Value (Market) Value Value Exempt Value Value
2009 0 0 136,000 136,000 136,000 0 136,000
2008 0 0 164,000 164,000 164,000 0 164,000
2007 0 0 312,000 312,000 312,000 0 312,000
2006 0 0 360,000 360,000 360,000 0 360,000
2005 0 0 208,000 208,000 208,000 0 208,000
2004 0 0 93,600 93,600 93,600 0 93,600
2003 0 0 59,800 59,800 59,800 0 59,800
2002 0 0 57,200 57,200 57,200 0 57,200
2001 0 0 52,000 52,000 52,000 0 52,000
2000 0 0 49,400 49,400 49,400 0 49,400
1999 0 0 49,400 49,400 49,400 0 49,400
1998 0 0 49,400 49,400 49,400 0 49,400
1997 0 0 49,400 49,400 49,400 0 49,400
1996 0 0 49,400 49,400 49,400 0 49,400
1995 0 0 49,400 49,400 49,400 0 49,400
1994 0 0 45,760 45,760 45,760 0 45,760
1993 0 0 49,920 49,920 49,920 0 49,920
1992 0 0 54,080 54,080 54,080 0 54,080
1991 0 0 54,080 54,080 54,080 0 54,080
1990 0 0 54,080 54,080 54,080 0 54,080
1989 0 0 36,400 36,400 36,400 0 36,400
1988 0 0 31 ,200 31 ,200 31 ,200 0 31,200
1987 0 0 20,000 20,000 20,000 0 20,000
1986 0 0 20,000 20,000 20,000 0 20,000
1985 0 0 19,680 19,680 19,680 0 19,680
1984 0 0 19,680 19,680 19,680 0 19,680
1983 0 0 19,680 19.680 19,680 0 19,680
1982 0 0 14,641 14,641 14,641 0 14,641
http://www .mcpafl.org/PropSearch.aspx
"'/11/'")01"
Property Search -- MOle coun(;jroperty Appraiser
. :'"
(}
,1>
Page 4 of 4
Parcel Sales History
NOTE: Sales do not generally show up In our computer system until about two to three months after the
date of sale. If a recent sale does not show up In this list. please allow more time for the sale record to be
processed Thank you for your patience and understanding.
Sale Date Official Records Book/Page Price Instrument Qualification
4/13/2004 1996 / 0694 250,000 WD Q
12/10/2003 1958/2125 82,700 WD Q
3/18/2003 1869/0051 80,000 WD J
6/1/1980 812/1073 30,000 WD U
This page has been visited 99,271 times,
Monroe County Property Appraiser
Ervin A Higgs, CFA
P,O. Box 1176
Key West, FL 33041-1176
http://www.mcpatl.org/ProoSearch.asnx
.,/11/"'l(\1(\
<-.
"J
")
I~ (~
t.dl ' jjl
f')
~0
.i
\PPU( \ no",
~-~
1:', ~'-,..
II '-III '!J \\\
.' '~
; '-. '!!fJ::l ,'J
\. 0":" 15~"
~, -:::... :~.
...., ..
ADMINISTRATIVE RELIEF APPLICATION
Administrative Relief fee: $1,011.00
Property Owner's Name: "'Pr I .s c_11 h L,D ~ 1/ IJ
Property Owner's complete mailing address: '-t s':)7 "?.)-rr~rr7 P/,.,c e.
Wi,;", r: L :3~S,-( I
,
Phone: (y5")? 3 7 - 71 3q
,
Fax: ( f SO) 4'2. 4 - 3'8 2 <t
Agent's Name: Lo,jdct. Va. f/ IS
Agent's complete mailing address:
'204-f k 0 h S-f~-e -t, Ke't ~/-f>r1J F L :37040
J
Phone: (1DS)107"" 7007
Fax:
(Please attach a statement authorizing representation of this application by someone other than yourself.
The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you)
to represent my property for this application for Administrative Relief'
PROPERTY DESCRIPTION: Lot /6 Block 5k "2 Subdivision eve! jee, f()vcl~s ~rd t:}c
. " ~'1 ~
Key (island): C vJJ o~ /& ~ Street: Co I s~ f),.. I J.,~ MM: _ RE: -,-- "L 't ~
If metes and bounds, attach legal description on separate sheet. ---- 0 (:) I') :3.s::5 D . 0 ooao\J
Permit Application #: OS- 0' - I / 8 I
Date of most recent ROGO application: ~11ft.w.d R~o Srsr;",... tJ-1. A-p.,/I /r) ?...IJO~
What kind of administrative relief are you seeking?
CtP'J.s vv~,;, J
'"to &5 I';'
NOTARY:
STATE OF FLORIDA
COUNTY OF Of::-Ac..OOS A
The foregoing signature was acknowledged before me this,.}....!:.; L~ay of D \?C ,20Q1..
By P R.. j S'C I L-.... fA. L D A- LJ (S who is personally known to me or produced
(PRINT NAME OF PERSON SIGNING) ':OTARY PUj:~.. ' ,- F rWIUDA
J Q..lu ~;t.~' L(c.~~c.t3s i~n,f~catjon. ;W Barba, a A. Tanner
f'1Y co~mjssion expires: ~ !rt/I u l.~~tComiT ,.iv'" . LI))S51531
D0A)(~ A rA.J~ '1',":'1:11.1' ,c,,: iF)/11/2010
Signature of Notary Public, State of Florida
TOBECOMPLETEDBYSTAFF-OATE:~PERMIT#~ il ~I
Page 2 of2
AdmmlStrahve Relief Apphcabon 0310212OO9
Property Search -- M01.' e C,\un?jroperty Appraiser
" .JJ' .
, .-
1'. . : ~ . "
() () r)
L , ". ,
, ,
Page 1 of 4
Ervin A. Higgs, CFA
Property Appraiser
Monroe County, Florida
office (305) 292-3420
fax (305) 292-3501
Monday January 18, 2010, the Monroe County Property API
Property Record View
Alternate Key: 1222933 Parcel 10: 00173550-000000
Ownership Details
Mailing Address:
DAVIS PRISCILLA
1605 JAMAICA DR
KEY WEST, FL 33040
Property Details
PC Code: 00 - VACANT RESIDENTIAL
Millage Group: 100C
Affordable N
Housing: 0
Sectlon-
Township-Range: 29-66-28
Properly COLSON DR CUDJOE KEY
Location:
Subdivision: CUDJOE GARDENS 2ND ADD
Legal BK 2 L T 16 CUDJOE GARDENS 2ND ADDN CUDJOE KEY PB4-159 OR353-357/61 OR573-4040R573-405
Description: OR778-936/37 OR812-1073 PROBATE 12-203 OR1869-51/52 OR1872-55/56 OR1958-2125/26Q/C OR1996-
694/695 OR2016-960Q/C(CTT)
..--.....--....--...-.--..- .......-.. _.-'. .. .. - . -"'-'. . - -- - .. . - .-.-.-
httn://www.mcnafl orO'/Pr(ln~p~r('h ""TW
Property Search -- MOp"'je Cif~]Joperty Appraiser
," .~ ,-, (/~
,'.11 {:; iiI
Page 2 of 4
Parcel Map
15
z
173550
C>
.",
..-..-...
16.
.-..-+.
Land Details
Land Use Code
M10C - RESIDENTIAL CANAL
Frontage
80
Depth
100
Land Area
8,000,00 SF
Building Summary
Number of Buildings: 0
Number of Commercial Buildings: 0
httn.//U1U1Ul rn"n",f1 n..n-/D..n...~""".nk n,,_..
Property Search -- MOP.Je C""jty'joperty Appraiser
:,;,~ (.'~ ()
Page 3 of 4
Total Living Area: 0
Year Built: 0
Appraiser Notes
2005/1/3 CLEARED AND VACANT; FOR SALE AGAIN;BRAFD BAKER REMAX 745-8897
Parcel Value History
Certified Roll Values.
; View Taxes for this Parcel.
Roll Total Bldg Total Mlsc Total Land Total Just Total Assessed School School Taxable
Year Value Improvement Value Value (Market) Value Value Exempt Value Value
,
2009 0 0 136,000 136,000 136,000 0 136,000
2008 0 0 164,000 164,000 164,000 0 164,000
2007 0 0 312,000 312,000 312,000 0 312,000
;
2006 0 0 360,000 360,000 360,000 0 360,000
2005 0 0 208,000 208,000 208,000 0 208,000
i 2004 0 0 93,600 93,600 93,600 0 93,600
I 2003 0 0 59,800 59,800 59,800 0 59,800
I 2002 0 0 57,200 57,200 57,200 0 57,200
2001 0 0 52,000 52,000 52,000 0 52,000
I 2000 0 0 49,400 49,400 49,400 0 49,400
, 1999 0 0 49,400 49,400 49,400 0 49,400
1998 0 0 49,400 49,400 49,400 0 49,400
1997 0 0 49,400 49,400 49,400 0 49,400
1996 0 0 49,400 49,400 49,400 0 49,400
1995 0 0 49,400 49,400 49,400 0 49,400
1994 0 0 45,760 45,760 45,760 0 45,760
1993 0 0 49,920 49,920 49,920 0 49,920
1992 0 0 54,080 54,080 54,080 0 54,080
1991 0 0 54,080 54,080 54,080 0 54,080
1990 0 0 54,080 54,080 54,080 0 54,080
1989 0 0 36.400 36,400 36.400 0 36.400
1988 0 0 31.200 31,200 31,200 0 31.200
1987 0 0 20,000 20,000 20,000 0 20,000
1986 0 0 20,000 20,000 20,000 0 20,000
1985 0 0 19,680 19.680 19,680 0 19,680
1984 0 0 19,680 19,680 19,680 0 19,680
1983 0 0 19,680 19,680 19,680 0 19,680
1982 0 0 14,641 14,641 14,641 0 14,641
htto://www.mcOl'lfl or17/Pron~p~r('h ~"'nv
Property Search -- MOjOe CPJ!P~", roperty Appraiser
f,;, .~( .".
~ .H <
(~ f) ()
Page 4 of4
Parcel Sales History
NOTE: Sales do not generally show up In our computer system until about two to three months after the
date of sale. If a recent sale does not show up in this list. please allow more time for the sale record to be
processed. Thank you for your patience and understanding.
Sale Date Official Records Book/Page Price Instrument Qualification
4/13/2004 1996 / 0694 250,000 we Q
12/10/2003 1958/2125 82,700 we Q
....
3/18/2003 1869/0051 80,000 we J
.........
6/1/1980 812/1073 30,000 Y.'!P. u
This page has been visited 240,208 times,
Monroe County Property Appraiser
Ervin A. Higgs, CFA
P,O. Box 1176
Key West, FL 33041-1176
http://www .mcpafl.org/ProoSearch.asnx
1/1'" ,,,,,n.. ^
Item
, \~
;;
(.)
MONROE COUNTY ***LIVE***
1 of
1
PERMIT RECEIPT
OPERATOR: stankiet
COPY # 1
FEE ID
1-I F
1-I L
1-I P
1-I R
1-I S
1-I W
B- 0 EDUC
B- 1 MIN
B- 2B APPL
B- 3 BLDG
E- 0 EDUC
E- 3A OUT
E- 3B OUT
E- 4A SERV
E- 4B SERV
E- 4J SUB
E- SA MOTO
E- 9B A/C
E-13 LOW R
LOR FEMA
M- 0 EDUC
M- 2 2A/C
M- 3 DUCTW
P- 0 EDUC
PLBG
R- 0 EDUC
R- 1 MIN
RADON/NEW
Item
Sec:29 Twp:66 Rng:28 Sub: Blk: Lot:
RE: ......... 00173550000000
DATE ISSUED.......: 01/14/2010
RECEIPT #.........: 132279
REFERENCE ID # ...: 05101181
- LL'Jw..--dJ~d b,{ ~.
,!.f)/0
CUDJOE GARDENS
SITE ADDRESS...... BK 2 LT 16
SUBDIVISION..... .:
CITy.............: CUDJOE KEY
IMPACT AREA ......:
OWNER ...... .... ..: DAVIS PRISCILLA L
ADDRESS. .........: 1605 JAMAICA DRIVE
CITY/STATE/ZIP. ..: KEY WEST, FL 33040
RECEIVED FROM ....:
CONTRACTOR .......:
COMPANY... .......:
ADDRESS... .......:
CITY/STATE/ZIP. ..:
TELEPHONE.. .......
PRISCILLA DAVIS
LIC # * OWNER *
DAVIS PRISCILLA L
1605 JAMAICA DRIVE
KEY WEST, FL 33040
UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL
------------- ---------- ---------- ---------- ---------- ----------
FLAT RATE 1. 00 105.00 0.00 0.00 105.00
FLAT RATE 1. 00 242.00 0.00 0.00 242.00
FLAT RATE 1. 00 340.00 0.00 0.00 340.00
FLAT RATE 1. 00 633.00 0.00 0.00 633.00
FLAT RATE 1. 00 150.00 0.00 0.00 150.00
FLAT RATE 1. 00 64.00 0.00 0.00 64.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
DOLLARS 1. 00 100.00 0.00 0.00 100.00
FLAT RATE 1. 00 750.00 750.00 0.00 0.00
SQ FT 2,194.00 550.00 0.00 0.00 550.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
SQUARE FEET 2,194.00 220.00 0.00 0.00 220.00
EACH OUTLET 11.00 110.00 0.00 0.00 110.00
TEMP SERVICES 1. 00 50.00 0.00 0.00 50.00
SERVICES 1. 00 50.00 0.00 0.00 50.00
SERVICES 1. 00 50.00 0.00 0.00 50.00
MOTORS 2.00 100.00 0.00 0.00 100.00
SYSTEMS 1. 00 50.00 0.00 0.00 50.00
SYSTEMS 1. 00 50.00 0.00 0.00 50.00
FLAT RATE 1. 00 40.00 0.00 0.00 40.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
SYSTEM 1. 00 65.00 0.00 0.00 65.00
DROPS 19.00 190.00 0.00 0.00 190.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
FLAT RATE 1. 00 313.00 0.00 0.00 313.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
FLAT RATE 2,209.00 115.00 0.00 0.00 115.00
SQUARE FOOTAG 1/897.00 9.49 0.00 0.00 9.49
MONROE COUNTY ***LIVE***
1 of
1
PERMIT RECEIPT
OPERATOR: stankiet
COpy # 1
Sec:29 Twp:66 Rng:28 Sub: Blk: Lot:
RE: ..,.... .: 00173550000000 .
) DATE ISSUED.......: 01/14/201(.)
RECEIPT #.. .......: 132279
REFERENCE ID # ...: 05101181
SITE ADDRESS. ...., BK 2 LT 16 CUDJOE GARDENS
SUBDIVISION.. ....:
CITY. ........ ....: CUDJOE KEY
IMPACT AREA ......:
OWNER............: DAVIS PRISCILLA L
ADDRESS..........: 1605 JAMAICA DRIVE
CITY/STATE/ZIP ...: KEY WEST, FL 33040
RECEIVED FROM ....:
CONTRACTOR.. .....:
COMPANY. .........:
ADDRESS. .........:
CITY/STATE/ZIP ...:
TELEPHONE........ .
PRISCILLA DAVIS
LIC # *OWNER*
DAVIS PRISCILLA L
1605 JAMAICA DRIVE
KEY WEST, FL 33040
FEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL
---------- ------------- ---------- ---------- ---------- ---------- ----------
RECOV/NEW SQUARE FOOTAG 1,897.00 9.49 0.00 0.00 9.49
ROGO FLAT RATE 1. 00 200.00 200.00 0.00 0.00
ZONING-032 FLAT RATE 1. 00 1011 . 00 0.00 1011.00 0.00
---------- ---------- ---------- ----------
TOTAL PERMIT : 1220.49 200.00 1011. 00 9.49
METHOD OF PAYMENT
AMOUNT
NUMBER
CHECK
1011 . 00
769
------------
------------
TOTAL RECEIPT
1011 . 00
REFERENCB )YPE FEE ID THIS REC ,-)
---------- ---------- ----------
05101181 P 1-I F 0.00
05101181 P 1-I L 0.00
05101181 P R- 1 MIN 0.00
05101181 P RADON/NEW 0.00
05101181 P RECOV/NEW 0.00
05101181 P ROGO 0.00
05101181 P ZONING-032 1011.00
05101181 P 1-I P 0.00
05101181 P 1-I R 0.00
05101181 P 1-I S 0.00
05101181 P 1-I W 0.00
05101181 P B- 0 EDUC 0.00
05101181 P B- 1 MIN 0.00
05101181 P B- 2B APPL 0.00
05101181 P B- 3 BLDG 0.00
05101181 P E- O EDUC 0.00
05101181 P E- 3A OUT 0.00
05101181 P E- 3B OUT 0.00
05101181 P E- 4A SERV 0.00
05101181 P E- 4B SERV 0.00
05101181 P E- 4J SUB 0.00
05101181 P E- 5A MOTO 0.00
05101181 P E- 9B A/C 0.00
05101181 P E-13 LOW R 0.00
05101181 P LDR FEMA 0.00
05101181 P M- 0 EDUC 0.00
05101181 P M- 2 2A/C 0.00
05101181 P M- 3 DUCTW 0.00
05101181 P p- O EDUC 0.00
05101181 P PLBG 0.00
05101181 P R- 0 EDUC 0.00
TOTAL FOR 05101181 1011. 00
TOTAL PERMIT FEES 1011.00
DATE........... . 01/14/10
TIME........... . 14:24
RECEIPT NUMBER. . 132279
OPERATOR ID..... stankiet
CHECK. . . . . . . . . . . 1011. 00
TOTAL. . . . . . . . . . . 1011.00
-
PRISCILLA DAVIS Ol~
850-aa7.993g -
4507 POTTERY PI.
DEsr/N, Fl 32541-3427 769
pAYTO'I'BB'n ~ ---l4-l.SLlJ-'"
O~'1.vnr-.:I:L. "_' IfAlW
8ankofA ~~-..-J.,.. -R..V-........ ,j- -cd- - -~. j' $ I 0 I ( ~
mer,ca . Llu...L__~
ACHR'TCJe3fOO217 ~ G) '..
~ ' ~premler BantIng
. ,e-,((&''-b--- fL.--t Aft'-- ,- ,/ ':fi,'
'.01;, 30000..? . . ti"i-Ol-ll"il-
111 '. 00551;,?~01;,~
- ? ~O?I;, .
B3-(l1l3O FL
2914
...
-
-
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17.2010
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Env. Resources
Staff Contact/Phone #: Tiffany Stankiewicz 289-2513
Michael Roberts 289-2502
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for
Thomas Carl & Judy Michelle Rothdeuthsch, on Lot 14, Block 1, Torchwood West Unit One, Big
Torch Key, Real Estate Number 00243621.001400.
ITEM BACKGROUND: A building permit was applied for on 2/2/2005 and a RaGa application was
applied for on 3/15/2005. The applicant applied for administrative relief on 10/8/2009 and is within the
allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe
County Code. The site is within Tier I. This application was ranked #85 in Quarter 1 Year 18. The
site is on the FEMA injunction list. Monroe County Code Section 138-27(t)(1) indicates purchase of
Tier l1ands as the preferred method for administrative relief. If the BOCC recommends purchase, the
property owner will work with the Land Authority on purchase. If no purchase agreement is reached
the property will remain in RaGa.
Staff recommends that administrative relief be awarded in the form of a purchase otTer by the
Monroe County Land Authority.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMffiNTCHANGES:N/A
STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe
County Land Authority.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty 1L- OMB/Purchasing N/A
Risk Management N/ A
DOCUl\tIENT A TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO.
-2010
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
THOMAS CARL & JUDY MICHELLE
ROTHDEUTHSCH, ON PROPERTY DESCRIBED AS
LOT 14, BLOCK 1, TORCHWOOD WEST UNIT ONE,
BIG TORCH KEY, RE # 00243621.001400 IN THE FORM
OF A PURCHASE OFFER FROM THE MONROE
COUNTY LAND AUTHORITY.
WHEREAS, Thomas Carl & Judy Michelle Rothdeuthsch, 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 fmdings of fact and conclusions of law:
1. The application for administrative relief from Thomas Carl & Judy
Michelle Rothdeuthsch, is for Lot 14, Block 1, Torchwood West Unit
One, Big Torch Key in Monroe County, Florida having RE#
00243621.001400.
2. The date of the ROGO application is 3/15/2005.
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 10/8/2009, 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
ADMINISTRATIVE RELIEF REsOLUTION
RE# 00243621.001400
05100528
Page 1 of2
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 Torchwood West Unit One
Subdivision and is located in a Tier 1 designated area.
9. Monroe County Code (MCC) Section 138-27(f) states the Board may
offer to purchase property at its fair market value as the preferred action
for property located within Tier 1.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Thomas Carl & Judy Michelle Rothdeuthsch" for Lot
14, Block 1, Torchwood West Unit One Subdivision, Big Torch Key in the form of a
purchase offer by the Monroe County Land Authority.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 17th day of March, 2010.
Mayor Sylvia J. Murphy
Mayor Pro Tern, Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Sylvia J. Murphy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
ADMINISTRATIVE RELIEF REsOLUTION
RE# 00243621.001400
05100528
Page 2 oU
r;Yb~:- ,.:;:~:
..-...,- _.~="ij
'"'.'-' '.-. ,.~~.,-::~: :t~~;';L)
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Monroe County Board of County Commissioners
Tiffany Stankiewicz, Development Administrato- /f! /i:iif}
Michael Roberts, CEP, PWS; Sr. Administrator ~onmenta1 Resourc~
From:
Through:
Townsley Schwab, Director of Planning & Environmental Resources ~
Date:
February 26,2010
Subject:
Request for Administrative Relief for Rothdeuthsch
Lot 14, Block 1, Torchwood West Unit One, Big Torch Key,
Real Estate No. 00243621.001400
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I. BACKGROUND
The applicant is eligible for Administrative Relief, has complied with all requirements of the
dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly
allocations and has not received an allocation award.
Date Entered ROGO: 3/15/2005
Date Entered Administrative Relief: 10/8/2009
Tier Score: 14
Tier 1: 10
Perseverance: 4
This application was ranked #85 in Quarter 1 Year 18.
II. CURRENT CONDITIONS
Location: Lot 14, Block 1, Torchwood West Unit One, Big Torch Key,
Real Estate No. 00243621.001400
Owner: Thomas Carl & Judy Michelle Rothdeuthsch Applicant! Agent: N/ A
Land Use District: Improved Subdivision (IS)
FLUM: Residential Medium (RM)
Page 1 of3
05100528
Reviewed by _
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Tier: 1
Property is on the FEMA Injunction list.
2009 Taxable Value: $30,600
Purchase Price in 2004: $75,000
Additional Relevant Information:
The property is located in Tier 1. The parcel is sparsely vegetated with natives and bounded by
vacant, sparsely vegetated properties to the north, south, and west. To the south and the east are
publicly owned lands. To the east the subject property is contiguous with a tropical hardwood
hammock over 50 acres in size. The Monroe County Protected Animal Species Map indicates
one (1) threatened or endangered animal in the subdivision. However the subject parcel is
adjacent to native habitats supporting six (6) or more listed species.
III. LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief Options:
Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the
2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an
allocation award in the ROGO system may apply to the Board of County Commissioners for
Administrative Relief. The applicant is eligible for Administrative Relief having complied with
all requirements of the dwelling unit allocation system and having been considered in at least the
first sixteen consecutive quarterly allocation periods, and not having received an allocation
award. The application was timely submitted for administrative relief in the form of one (1)
ROGO allocation award and the applicant has not expressed a desire to sell the property to the
County.
Relief Options under Administrative Relief:
The remedies available to the Board of County Commissioners for Administrative Relief
pursuant to Section 138-27 include:
a. Offer to purchase the property at its fair market value as its preferred action if the
property is located within: a) a designated Tier I area; b) a designated Tier II area
(Big Pine Key and No Name Key); c) a designated Tier III-A area (Special
Protection Area); or d) a designated Tier III area on a non-waterfront lot suitable
for affordable housing.
b. Grant the applicant an allocation award for all or a number of dwelling units
requested in the next succeeding quarterly allocation period or extended pro rata
over several succeeding quarterly allocation periods as the preferred action for
buildable properties not meeting any of the criteria in (1) above.
c. Suggest or provide such other relief as may be necessary and appropriate.
In the event purchase is recommended and the owner refuses the purchase offer, the
applicant may remain in the ROGO System and continue earning perseverance points
according to Monroe County Code Section 138-28.
Page 2 of 3
05100528
Reviewed by _
1
2
3
4 IV. RECOMMENDATION
5
6 It is recommended that the Board of County Commissioners find that the applicant has met the
7 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be
8 adopted that establishes this relief by an offer to purchase by the Monroe County Land
9 Authority.
10
Page 3 of3
05]00528
Reviewed by ~
Subject Property: Rothdeuthsch RE: 00243621.004100
Legend
CJ MCPA.DBO.ParceLPublic
State Lands
County Lands
Bk 1 Lt 14, Torchwood West Unit One, Big Torch Key.
RE #00243621.001400 Applicant: Rothdeutsch
-:,::,'):',-~
.$.f..,.
- "~l~
j .~' .'.~::_1~.. ';,:,:~:~-(':', ~,"
"'~~",:~'-""-'
" i~~?~~~;4.,
,J ;,~~~~-''''(,'7'';,~~
~!I~~~
[ lard Use Designation ]
,"\:.
~~...-~.;.,.
'.
). -:-
._.;.:,.~ F_"
.... .
+~i':'
.
[ I=brida J:orever ] I ~ FL F aever Boundary I [ Protected Species ]
Average Number of Species Occurlng
Spool.. Rlciln... _ 2 5 _ 8
_0 .'.8_9
_, ._7
..... 1'_; ." 'J.l~1
~~l. ~;~ ~?- p
~'<;. RL~lJ, r..,.
"'r ~;~ 11-,'
.,h--
},: :'. ~~
~~ l )?"'f l'r',-';
, ~ I ,!, '<'~',.. IIL."
%t: I ~,,-... .1' I'i~"l' ' I
,/1, ~ ' . t! jJ
_, _' , . - l
,~-: l~' ... ~.
...r !"'ft' , ~~" ,
.' '~b~ I' 3li.
~~ I ~~1 I '
I ~~,fj:l " -- - "" i
_: .'~ !:,.-:c"k,'i
[ \-tibital: ]
c~ O"'t.~TY ~2~~E
',xr.;,~~,
Environmental Resources
"
;1'
(, i '1
,I~
.'
..
N
~
~~
1r
This map is for use by lI1e
Monroe County Growth
Management Dlllision only,
The data contained herein
Is not a legal repesentation
of boundaries, parcels, roads
right of ways or other
geographical data
Prepllred by. Janis VIHrl.
4/512006 00222240-000000
8/412006 00222330-0000OO
8/412006 00222340-000000
7/28/2006 00222350-000000
4/512006 00222370-000000
81412006 00222380-000000
6/2612009 00245850-00000O
61261200900245850-000100
7/14/2007 00245880-000000
1/1412008 002459OO-OOOOOO
4/1812007 00246020-000000
3/2412008 00246060-00??oo
1012012007 00248390-000000
111261200700248390-000000
9/2912008 00250320-00??oo
9/2912008 00250330-00000O
9/2912008 00250400-00??oo
91291200800250410-0000OO
9/2912008 00250420-00??oo
9/2912008 00250430-000000
9/29/2008 00250510-000000
9/2912008 00250520-000000
4/512006 00250591-003900
2/2212006 00256580-000000
7/26/2006 00285380-000000
5/3/2006 00319960-00??oo
51312006 00319970-000000
5/312006 00320010-000000
5/312006 00320070-000000
5/312006 00320080-000000
5/312006 00320090-00??oo
51312006 00320130-000000
6/121200700320461-000000
6/1212007 00320612-000000
3/23/2006 00325360-000000
3/23/2006 00325830-0000OO
3/23/2006 00326430-0000OO
212212006 00327140-00??oo
4/5/2006 00327940-000000
4/18/2007 00328790-0000OO
11126/2007 00328940-000000
5/5/2009 00331061-000200
11/51200800331061-001000
6/26/2009 00331061-013600
6/26/2009 00331061-015600
6/1312006 00331061-017400
212212006 00332160-000000
6/2612009 00332170-000000
6/13/2006 00332680-000000
6/13/2006 00332730-00??oo
6/1312006 00332740-000000
6/1312006 0033276?-?oo000
~
\J
'"
\.,~V
parcels_remove<Urom_injunction
. oad. 4 jtQ.';l\... 00 \~DO
S+~\\ Of' \ trf- 0- ~ ~ ~ / II /.J OJ b
Page 5
~
\.1:7
00243621-001300
00243621-001400 "-
00243621-001500
00243622-000100
()
~E W\ A L\~t
s+~\\ 0,"" H~-J-- as of"
~/1I1~O/o
Property Search -- Monroe c;rWty Property Appraiser
',,:,v
C}
Page 1 of 4
Ervin A. Higgs, CFA
Property Appraiser
Monroe County, Florida
office (305) 292-3420
fax (305) 292-3501
Property Record View
Alternate Key: 1310964 Parcel 10: 00243621-001400
Ownership Details
Mailing Address:
ROTHDEUTSCH THOMAS CARL AND JUDY MICHELLE
27410 W INDIES DR
RAMROD KEY, FL 33042
Property Details
PC Code: 00 - VACANT RESIDENTIAL
Millage Group: 100H
Affordable No
Housing:
Section-
Township- 13-66-28
Range:
ProP!"rly BIG TORCH KEY
Location:
Subdivision: TORCHWOOD WEST UNIT 1
Legal BK 1 L T 14 TORCHWOOD WEST UNIT ONE BIG TORCH KEY PB6-42 OR585-249 OR661-799 OR991-2482
Description: OR1035-1907 OR1037-2213 CASE #88-10011-CIV-KING/F/J/MARSHAL OR1374-1071174/MARSHAUDEED
OR1374-1075178STIP/SETMT OR1374-1079/80F/J/MARSH/CASE OR1432-1350C OR1943-2038/39 OR2027-
655/56(CTT)
htto:/ /WWW .mcnafl.or17 /Pron~p~r(' h ~ c;:nv
Property Search -- Monroe C"ty Property Appraiser
e
Page 2 of4
. ,
Parcel Map
Land Details
Land Use Code
M10C - RESIDENTIAL CANAL
Frontage
60
Depth
100
Land Area
6,000.00 SF
Building Summary
Number of Buildings: 0
Number of Commercial Buildings: 0
httD://WWW.mcn::Jfl ofl7/Prnn~p~r('h "'cnv
Property Search -- Monroe Cljty Property Appraiser
()
Page 3 of 4
Total Living Area: 0
Year Built: 0
Appraiser Notes
04 SALE INCLUDES AJOINING BAY BOTTOM - AK 1311499
Parcel Value History
Certified Roll Values
, View Taxes for this Parcel.
Roll Total Bldg Total Mlsc Total Land Total Just Total Assessed School Exempt School Taxable
Year Value Improvement Value Value (Market) Value Value Value Value
2009 0 0 30,600 30,600 30,600 0 30,600
2008 0 0 30,600 30,600 30,600 0 30,600
: 2007 0 0 48,000 48,000 48,000 0 48,000
2006 0 0 48,000 48,000 48,000 0 48,000
2005 0 0 48,000 48,000 48,000 0 48,000
2004 0 0 30,000 30,000 30,000 0 30,000
2003 0 0 30,000 30,000 30,000 0 30,000
, 2002 0 0 30,000 30,000 30,000 0 30,000
,
2001 0 0 30,000 30,000 30,000 0 30,000
; 2000 0 0 21,300 21,300 21,300 0 21,300
1999 0 0 21,300 21,300 21,300 0 21,300
;
I 1998 0 0 21,300 21,300 21,300 0 21,300
1997 0 0 21,300 21,300 21,300 0 21,300
1996 0 0 21,300 21,300 21,300 0 21,300
,
1995 0 0 24,000 24,000 24,000 24,000 0
1994 0 0 21,000 21,000 21,000 21,000 0
1993 0 0 21,000 21,000 21,000 0 21,000
1992 0 0 18,180 18,180 18,180 0 18,180
1991 0 0 21,000 21,000 21,000 0 21,000
1990 0 0 21,000 21,000 21,000 0 21,000
1989 0 0 13,200 13,200 13,200 0 13,200
1988 0 0 7,860 7,860 7,860 0 7,860
1987 0 0 10,500 10,500 10,500 0 10,500
1986 0 0 10,500 10,500 10,500 0 10,500
1985 0 0 10,500 10,500 10,500 0 10,500
1984 0 0 10,500 10,500 10,500 0 10,500
1983 0 0 10,500 10,500 10,500 0 10,500
1982 0 0 6,021 6,021 6,021 0 6,021
http://www .mcoatl.on!/ProDSearch .asnx
""/11 11"\ A 1 A
Property Search -- Monroe Cr;ty Property Appraiser
(f)
Page 4 of 4
Parcel Sales History
NOTE Sales do not generally show up in our computer system until about two to three months after the
date of sale. If a recent sale does not show up in this list please allow more time for the sale record to be
processed. Thank you for your patience and understanding
Sale Date Official Records Book/Page Price Instrument Qualification
7/14/2004 2027 / 0655 75,000 WD M
8/1/1995 1374/1071 20,000 WD M
12/1/1987 1035/1907 1 WD M
12/1/1987 1037/2213 1 WD M
10/1/1986 991 /2482 1 WD M
This page has been visited 99,291 times.
Monroe County Property Appraiser
Ervin A. Higgs, CFA
P.O, Box 1176
Key West, FL 33041-1176
http://www.mCDaf1.0m/Pron~p::lr('h ~c;:nY
""'" 11.. 1_""" ^
[)
?
\JJI
\PPLlCA no~
/~ -;i~'~
'.ff. '" '"~ :m~~~'
~~~
~ "
':"ht~~
ADMINISTRATIVE RELIEF APPLICATION
~ Administrative Relief fee: $1,011.00
...J u b 'Y vYIl c rl Ell ~ R 01 H- D E. u T 5) C It
Property Owner's Name: -rt\omA5 CAR, L R oTt-tl> E'uT5C H-
Property Owner's complete mailing address: ;;; 74 10 UJ (:'5'7 I Nb I I2S )) R, /I E)
p. Am Rob
1< EV
J
fL
3~oYc;t
Phone:
305- 87~-,!7a7
Fax:
Agent's Name:
Agent's complete mailing address:
Phone:
Fax:
(Please attach a statement authorizing representation of this application by someone other than yourself.
The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you)
to represent my property for this application for Administrative Relief'
PROPERTY DESCRIPTION: Lot I LJ
Block
'IoRc.l-\ WbOl) W{;ST
Subdivision u NIT 0 N f:
Key (island): ~ I & ToR. c H- Street:""h [) R rJ
If metes and bounds, attach legal description on separate sheet,
MM: _ RE: b (') ;J if 3 ~ ~ I - Doll./- 00
Permit Application #: 0 5 I 0 () r; ~ ?J
Date of most recent ROGO application: 3 - I 5 -.;l., 0 0 5
What kind of administrative relief are you seeking? ----R eo r fl'\ ; +----=Fn ~ S f {(
NOTARY:
STATE OF FLORIDA
COUNTY OF ~
The foregoing signature was acknowledged before me this ~ day of
By -{:S-vi:>1( tYl/C.HIE'(..l..~ ROt ff})E.uT..)c. H
(PRINT NAME OF PERSON SIGNING)
as identification.
~ Mdi.t ~~-kIJ.
Applicant's Signature .
,20~~
or produced
My commis ' n
Signature of
TO BE COMPLETED BY STAFF- DATE:
P"8' 2 on
AdmmlslraU\'C Rehef Application 0310212009
Item
(j
()
MONROE COUNTY ***LIVE***
1 of
1
PERMIT RECEIPT
OPERATOR: stankiet
COpy # 1
FEE ID
I-I F
I-I L
I-I P
I-I R
I-I S
I-I W
B- A PLAN
B- 0 EDUC
B- 2C APPL
B- 3 BLDG
B- 5 MODUL
B- 7 FLATW
E- 0 EDUC
E- 1 MIN
E- 4A SERV
E- 4B SERV
E- 4J SUB
E- SA MOTO
E- 9B A/C
LDR 1-SFR
M- 0 EDUC
M- 2 2A/C
P- 0 EDUC
PLBG
R- 0 EDUC
R- 9A ROOF
RADON/NEW
RECOV/NEW
Item
See:13 Twp:66 Rng:28 Sub: Blk: Lot:
RE: . . . . . . . .. 00243621001400
DATE ISSUED.......: 10/08/2009
RECEIPT #.........: 128662
REFERENCE ID # ...: 05100528
SITE ADDRESS...... BK
SUBDIVISION...... :
CITy............. :
IMPACT AREA. . '" . :
1 LT 14 TORCHWOOD WEST
OWNER ............ . ROTHDEUTSCH, THOMAS & JUDY
ADDRESS .......... . 162 RAINBOW DRIVE PMB 6292
CITY/STATE/ZIP ... . LIVINGSTON, TX 77399
RECEIVED FROM .... . TOM ROTHDEUTSDCH
CONTRACTOR ....... . LIC # * OWNER *
COMPANY .... ....... ROTHDEUTSCH, THOMAS & JUDY
ADDRESS .......... . 162 RAINBOW DRIVE PMB 6292
CITY/STATE/ZIP ... . LIVINGSTON, TX 77399
TELEPHONE ........ .
UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL
------------- ---------- ---------- ---------- ---------- ----------
FLAT RATE 1. 00 105.00 0.00 0.00 105.00
FLAT RATE 1. 00 242.00 0.00 0.00 242.00
FLAT RATE 1. 00 340.00 0.00 0.00 340.00
FLAT RATE 1. 00 633.00 0.00 0.00 633.00
FLAT RATE 1. 00 150.00 0.00 0.00 150.00
FLAT RATE 1. 00 64.00 0.00 0.00 64.00
FLAT RATE 1. 00 0.00 0.00 0.00 0.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
FLAT RATE 1. 00 500.00 500.00 0.00 0.00
SQ FT 168.00 0.00 0.00 0.00 0.00
UNITS 1. 00 0.00 0.00 0.00 0.00
SQUARE FOOTAG 1,192.00 50.00 0.00 0.00 50.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
UNITS 1. 00 50.00 0.00 0.00 50.00
TEMP SERVICES 1. 00 50.00 0.00 0.00 50.00
SERVICES 1. 00 50.00 0.00 0.00 50.00
SERVICES 1. 00 50.00 0.00 0.00 50.00
MOTORS 2.00 100.00 0.00 0.00 100.00
SYSTEMS 1. 00 50.00 0.00 0.00 50.00
FLAT RATE 1. 00 75.00 0.00 0.00 75.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
SYSTEM 1. 00 65.00 0.00 0.00 65.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
FLAT RATE 1. 00 118.00 0.00 0.00 118.00
FLAT RATE 1. 00 2.00 0.00 0.00 2.00
SQUARE FEET 1,452.00 50.00 0.00 0,00 50.00
SQUARE FOOTAG 120.00 0.60 0,00 0.00 0.60
SQUARE FOOTAG 120.00 0.60 0.00 0.00 0.60
MONROE COUNTY ***LIVE***
1 of
1
PERMIT RECEIPT
OPERATOR: stankiet
COPY # 1
See:13 Twp:66 Rng:28 Sub: Blk: Lot:
RE: ........: 00243621001400
()
DATE ISSUED.......:
RECEIPT #.........:
REFERENCE ID # . ..:
10/08/2Q
128662
05100528
SITE ADDRESS ...... BK
SUBDIVISION..... .:
CITy............. :
IMPACT AREA. " . ..:
1 LT 14 TORCHWOOD WEST
OWNER......... ...: ROTHDEUTSCH, THOMAS & JUDY
ADDRESS....... ...: 162 RAINBOW DRIVE PMB 6292
CITY/STATE/ZIP...: LIVINGSTON, TX 77399
RECEIVED FROM ....:
CONTRACTOR .......:
COMPANY.. . .. . . .. .:
ADDRESS... .......:
CITY/STATE/ZIP ...:
TELEPHONE........ .
TOM ROTHDEUTSDCH
LIC # *OWNER*
ROTHDEUTSCH, THOMAS & JUDY
162 RAINBOW DRIVE PMB 6292
LIVINGSTON, TX 77399
FEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL
---------- ------------- ---------- ---------- ---------- ---------- ----------
ROGa FLAT RATE 1. 00 200.00 200.00 0.00 0.00
ZONING-On FLAT RATE 1. 00 1011.00 0.00 1011.00 0.00
---------- ---------- ---------- ----------
TOTAL PERMIT : 1211.00 200.00 1011.00 0.00
*NOTE*: THIS RECEIPT HAS FEE CREDITS TOTALING:
500.00
METHOD OF PAYMENT
AMOUNT
NUMBER
CHECK
1011.00
2044
------------
------------
TOTAL RECEIPT
1011.00
REFERENC~YPE FEE ID THIS REC ()
---------- ---------- ----------
05100528 P 1-I F 0.00
05100528 P 1-I L 0.00
05100528 P RADON/NEW 0.00
05100528 P RECOV/NEW 0.00
05100528 P ROGO 0.00
05100528 P ZONING-032 1011.00
05100528 P 1-I P 0.00
05100528 P 1-I R 0.00
05100528 P 1-I S 0.00
05100528 P 1-I W 0.00
05100528 P B- A PLAN 0.00
05100528 P B- 0 EDUC 0.00
05100528 P B- 2C APPL 0.00
05100528 P B- 3 BLDG 0.00
05100528 P B- 5 MODUL 0.00
05100528 P B- 7 FLATW 0.00
05100528 P E- O EDUC 0.00
05100528 P E- 1 MIN 0.00
05100528 P E- 4A SERV 0.00
05100528 P E- 4B SERV 0.00
05100528 P E- 4J SUB 0.00
05100528 P E- 5A MOTO 0.00
05100528 P E- 9B A/C 0.00
05100528 P LDR 1-SFR 0.00
05100528 P M- 0 EDUC 0.00
05100528 P M- 2 2A/C 0.00
05100528 P P- O EDUC 0.00
05100528 P PLBG 0.00
05100528 P R- 0 EDUC 0.00
05100528 P R- 9A ROOF 0.00
TOTAL FOR 05100528 1011. 00
TOTAL PERMIT FEES 1011.00
DATE........... . 10/08/09
TIME........... . 13:20
RECEIPT NUMBER.. 128662
OPERATOR ID..... stankiet
CHECK.. ......... 1011. 00
TOTAL.......... . 1011.00
Tom. Judy Rothdeutsch
32.211110
..~ 2044'1
I
I
LQ--= L- 20~
PAY " 0 I ..
I ~~J::OF.m O-A..c.Q~._.cO....n:\-.~lH\';_I:\}-J)~..J $ 10 II. 00
001
sra. H9I'~ D.&'Io4I""- l' --1l.ruL=-__._._.___._.~lLARS .'D
Bank of America
""'lI'\.l\;st,,,tr'V~ (el;&' ~ ,A. J itIJ R. H-, f- J
FORa~!--r-I.d.~ BJ~L~ r~ ~
': ~ ~ ~OOOO 25': OOl.??OQ50 2 a~Ol.l.
'If'