Resolution 089-2013RESOLUTION NO. 089 —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 LOT 23 AND SLY 26
FT LOT 24, BLOCK 1, DOCTOR'S ARM SUBDIVISION,
BIG PINE KEY, FLORIDA, RE # 00310240 - 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:
ADMINISTRATIVE RELIEF RESOLUTION FEB. 20 2013 Page 1 of 3
RE# 00310240.000000
07100479
1. The application for administrative relief from John W. & Glenda Akins
and John K. Akins R/S is for Lot 23 and SLY 26 Ft Lot 24, Block 1,
Doctor's Arm Subdivision, Big Pine Key in Monroe County, Florida
having RE# 00310240- 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.
ADMINISTRATIVE RELIEF RESOLUTION FEB. 20 2013 Page 2 of 3
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07100479
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.
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.
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTYCOMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. Administrative relief is granted to John W. & Glenda Akins and John K. Akins R/S,
for Lot 23 and SLY 26 Ft Lot 24, Block 1, Doctor's Arm Subdivision, Big Pine Key,
Monroe County ,Florida, 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 County,
Florida at a regular meeting held on the 20th day of February , 2013.
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BY
Mayor Teorge Neugent
ATTEST: AMY HEAVILIN, CLERK
-`° 3 t# T Y'CLERK
AD;m sTRATrw RE LIEF RmLu nm FEB. 20 2013
RE# 00310240.000000
07100479
Mayor George Neugent yes
Mayor Pro Tem, Heather Carruthers YPS
Commissioner Danny L. Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MONRO OUNTY ATTORNEY
PP 0 EU AS TO FO
Date: — — /
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