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Resolution 148-2011RESOLUTION NO. 148 —2011 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY WILLIAM RIEHL ON PROPERTY DESCRIBED AS LOT 5, BLOCK 1, REVISED PLAT OF SUNRISE POINT, KEY LARGO, RE # 00484430.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, William Riehl 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 William Riehl is for Lot 5, Block 1, Revised Plat of Sunrise Point, Key Largo in Monroe County, Florida having RE# 00484430.000000. 2. The date of the ROGO application is 1/12/2006. 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 7/6/2010, under Section 138 -27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINLSTRATIVE RELIEF RESOLUTION Page 1 of 2 RE# 00484430.000000 05306222 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Revised Plat of Sunrise Point Subdivision and is located in a Tier 3 -A 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 3 -A. 10. Based on the evidence presented at the public hearing the Board determined an allocation should be awarded. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to William Riehl, for Lot 5, Block 1, Revised Plat of Sunrise Point Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 138 -27 of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on 7/12/2011 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18th day of May 2011. CM Yes Mayor Pro Tern, David Rice Yes Commissioner Sylvia J. Murphy Yes Commissioner George Neugent Yes Commissioner Kim Wigington CJ . - -.TC2•_ per L L- ADMINISTRATIVE RELIEF RESOLUTION RE# 00484430.000000 05306222 Mayor Heather Carruthers Yes Mayor Pro Tern, David Rice Yes Commissioner Sylvia J. Murphy Yes Commissioner George Neugent Yes Commissioner Kim Wigington Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayop(HeadWCarruthers K MONROE COUNT TTORNEY APPR ED A T FOR Date: Page 2 of 2