Resolution 288-2011 � - r
RESOLUTION NO. 288 —2011
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
JOHN D. & MARY JANE SCHWARTZ, REV LIVING
TRUST 11/30/04 ON PROPERTY DESCRIBED AS LOT
15, BLOCK 1, TORCHWOOD WEST UNIT ONE, BIG
TORCH, RE # 00243621.001500 IN THE FORM OF A
PURCHASE OFFER FROM THE MONROE COUNTY
LAND AUTHORITY.
WHEREAS, John D. & Mary Jane Schwartz, Rev Living Trust 11/30/04
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 John D. & Mary Jane
Schwartz, Rev Living Trust 11/30/04 is for Lot 15, Block 1, Torchwood
West Unit One, Big Torch in Monroe County, Florida having RE#
00243621.001500.
2. The date of the ROGO application is 9/12/2006.
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(0 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 2/28/2011, 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 Page 1 of 2
RE# 0024 16.21.001 00
0610108!
it
. • -
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(0 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 John D. & Mary Jane Schwartz, Rev Living Trust
11/30/04, for Lot 15, Block 1, Torchwood West Unit One Subdivision, Big Torch 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 21 st day of September, 2011.
Mayor Heather Carruthers Yes
Mayor Pro Tem, David Rice No
° 0 1 . Commissioner Kim Wigington Yes
C) N _ Commissioner George Neugent No
Commissioner Sylvia J. Murphy Yes
c-
c --
►— BOARD OF COUNTY COMMISSIONERS
c: c_
w c ::;:_ �; OF MONROE COUNTY, FLORIDA
LL c= —
BY
May each Carruthers
_ 4
s
�' ` is w-=i ✓ ° ANNY L. KOLHAGE, CLERK
c "�� /. / MONRO' • NTY ATTORNEY
PP �.� D AS TO FOR
DEPUTY C ERK Date: / -- / of
ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2
RE# +102430_' 1.001 >00
06101084