Resolution 087-2013RESOLUTION NO. 087 —2013
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
JOHN W. & GLENDA AKINS AND JOHN K. AKINS R/S
ON PROPERTY DESCRIBED AS NLY 24 FT OF LOT 24,
ALL LOT 25 AND SLY 17 FT LOT 26, BLOCK 1,
DOCTOR'S ARM SUBDIVISION, BIG PINE KEY,
FLORIDA , RE # 00310260 - 000000 IN THE FORM OF
RESTORATION OF FOUR FLOOD ZONE POINTS
WHEREAS, John W. & Glenda Akins and John K. Akins R/S submitted an
application for administrative relief under Sec. 138 -27 of the Monroe County Land
Development Regulations; and
WHEREAS, prior to the September 21, 2012, Board of County Commissioners
meeting and public hearing, the County received documents that indicated Carlayne
Holloway has a contract for deed for the subject property as evidenced by a
Memorandum of Contract for Deed (see Monroe County Public Records Book 2404,
Page 842) and has an undetermined ownership interest in the subject property, but was
unable to attend the hearing; and
WHEREAS, the Board of County Commissioners continued the Administrative
Relief hearing to the December 12, 2012 meeting; and
WHEREAS, the matter was considered at a public hearing before the Monroe
County Board of County Commissioners (BOCC) on December 12, 2012; and
WHEREAS, the BOCC considered the staff report from Development
Administrator Tiffany Stankiewicz and Senior Administrator of Environmental
Resources Michael Roberts, along with the Exhibits A through V; and
WHEREAS, the applicant was notified of the hearing but was not in attendance;
and
WHEREAS, Mr. Banks Prevatt appeared as the authorized agent for Carlayne
Holloway and gave testimony on her behalf concerning reliance on the points as
published by the Planning Department on the Monroe County website ; and
WHEREAS, the public had an opportunity to speak; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
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1. The application for administrative relief from John W. & Glenda Akins and
John K. Akins R/S is for NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot
26, Block 1, Doctor's Arm Subdivision, Big Pine Key in Monroe County,
Florida having RE# 00310260 - 000000.
2. The date of the ROGO application is 6/12/2007.
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 permit 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 1/9/2012, under Section
138 -27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan.
7. The relief requested was for the restoration of four (4) flood zone points
which had been deducted from the ROGO application two years after its
submittal, or a building permit allocation.
8. The BOCC does not have the authority to change the flood zone or flood
maps (Flood Insurance Rate Maps) which are determined by the Federal
Emergency Management Agency.
9. Monroe County Code Sec. 138 -28(6) determines the scoring of ROGO
applications for the respective flood zones. The application was scored with
no negative points as though it was in an AE flood zone for a period of two
years, when the scoring was re -done to reflect the actual location of the
parcel and construction in a V zone, requiring a deduction of 4 points.
10. Ms. Holloway relied on the ROGO rankings published as a result of the
Planning Commission resolutions for a period of two years during which
time she entered into a contract for deed with the applicant and expended
funds for the acquisition of the parcel.
11. The relief requested by the applicant(s) is necessary and appropriate.
12. 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.
13. The subject property has the land use district designation of Commercial
Fishing Special District 8 (CFSD 8), is located in the Doctors Arm
Subdivision and is located in a Tier 2 designated area.
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14. Monroe County Code (MCC) Section 138 -27(f) states that in granting
administrative relief the Board may provide such other relief as may be
necessary and appropriate, and finds that the restoration of the flood zone
points is necessary and appropriate.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. Administrative relief is granted to John W. & Glenda Akins and John K. Akins R/S,
for NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot 26, Block 1, Doctor's Arm
Subdivision, Big Pine Key in the form of reinstatement of 4 points deducted for the flood
zone of the parcel after its initial scoring was in place for a period of two years.
2. This resolution is retroactive to December 12, 2012.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
vii County, Florida at a regular meeting held on the 20th day of February, 2013.
CV)
g Mayor George Neugent Yes
a- Mayor Pro Tem, Heather Carruthers Yes
�n Commissioner Danny L. Kolhage Yes
c r ! Commissioner David Rice Yes
== Commissioner Sylvia Murphy Yes
C)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Cleorge Neugent
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ATTEST: ,.AMY HEAVILIN, CLERK
DEPUTY CLERK
MONROE UN7Y ORNEY
APPRO A OF RM
Date: z
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