Resolution 213-2011RESOLUTION NO. 213-2011
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION NO.
037 -2009 TO ELIMINATE THE CONDITION THAT JUDI'S
HOUSE FILE CONSERVATION EASEMENTS FOR PARCELS
4 AND 5 IN ORDER TO RECEIVE ADMINISTRATIVE
RELIEF IN THE FORM OF ONE (1) DWELLING UNIT
ALLOCATION AWARD FOR PARCEL 7.
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution
No. 037 -2009 on January 28, 2009, granting Judi's House, Inc. administrative relief in the form
of one (1) dwelling unit allocation for Parcel 7; and
WHEREAS, Paragraph 2 of Resolution No. 037 -2009 stated as follows: "A
conservation easement shall be placed on Parcel 5, White Heron Estates A Condominium,
Sugarloaf Key, Real Estate Number 00172070 - 000500 and Parcel 4, White Heron Estates A
Condominium, Sugarloaf Key, Real Estate Number 00172070- 000400 in favor of Monroe
County. "; and
WHEREAS, Judie's House, Inc. filed suit against Monroe County in December 2009
(Circuit Court Case No. 2010 -CA- 187 -K) alleging that the conditions of conservation easements
was an unconstitutional exaction.
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, FLORIDA:
1. Paragraph 2 of Resolution No. 037 -2009 is eliminated.
2. Paragraph 3 is amended to read as follows: "The allocation award shall be taken out
of the quarterly allocation that closed on July 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 2& day of July, 2011.
Mayor Heather Carruthers
Yes
Mayor Pro Tem David Rice
Yes
Commissioner Sylvia Murphy
Yes =
Commissioner George Neugent
Yes -' `- C
Commissioner Kim Wigington
Yes I--
n o
- 70
BOARD OF COUNTY COMMIS$�IOIURS
OF MONROE COTjJNTY FLORIDA �
C.
r. ., O
BY
Mayor eat er arruthers
MONROE COUNTY ATTOHN Y
APPR O
R BORT B. SHILLIN ER, JR.
CHIEF AJIST :r COUNTY ATTORNEY
Date: SS