Resolution 196-1998
County Attorney
RESOLUTION NO. 196 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, EVIDENCING THE BOARD'S APPROVAL OF THREE
RECOMMENDED ORDERS OF DETERMINATION OF VESTED RIGHTS
PROMULGATED BY THE VESTED RIGHTS HEARING OFFICER, IN RE: THE
APPLICATIONS OF BEAUTY DEVELOPMENT CORP., GEORGE RAYMOND
PARKS, AND CHARLES E. MATTHEWS, JR.
WHERE.A,S, on January 4, 1996, the Monroe County Year 2010 Comprehensive
Plan became effective: and
WHEREAS, development applications "in the pipeline" as of January 4, 1996 are
subject to a determination of vested rights pursuant to Policy 101.18.1 of the Plan: and
WHEREAS, hearings on the application of Beauty Development Corp, George
Raymond Parks, and Charles E. Matthews, Jr. for determination of vested rights were
scheduled and heard before the County's Vested Rights Hearing Officer, Mr. Randy
Sadtler, Esq.; and
WHEREAS, pursuant to a review of the application and attached exhibits, and
having heard presentations, the Hearing Officer promulgated Orders re~rdgg t~s~
z )> ~ r-
applications for determination of vested rights, and in each case determ~ha::r.:<heS
M;X-<
('"). r- N ."
0("')' - <:)
c: -:x :::0
z?Oo .." ~
..... ("') r- ::It
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS ~jO~O~
r- C) .... <:)
)> "., ~ ::0
. - 0
application should be denied; now therefore
COUNTY, FLORIDA
The Findings of Fact and Conclusions of Law set forth in the Recommended
Orders of the Vested Rights Hearing Officer are APPROVED, and the applications are
accordingly, DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 13th day of May, 1998.
Mayor Jack London
Commissioner Keith Douglass
Commissioner Shirley Freeman
Commissioner Wilhelmina Harvey
!', Commissioner Mary Kay Reich
",;.. \'\""~:~- -'),.\,
r_. .~,~~ .J-..._ ~ t
. L (SEAL\;. !
, ! ,,/ /
Attest; DA.NNY L. KOLHAGE, Clerk
- ';/"
yes
yes
yes
.qn~f>nt
yes
BOARD OF COUNTY COMMISSIONERS
OF MO DE COUNTY, FLORIDA
BY.hJ~~~
Dep Ity CI k
~~
jvrresbeCluty
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FWRIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Beauty Development Corp.
/
This cause came on to be heard by the Vested Rights Hearing Officer, who, after having reviewed
the application and exhibits, heard oral presentation of the Applicant and hislher attorney, if any, makes the
following findings of fact and conclusions ofIaw:
FINDINGS OF FACT
1, A positive determination of vested rights requires the applicant to have "reasonably relied upon
an official act by the County," ~ 101.18.2 (2)(a) Monroe County Year 2010 Comprehensive Plan
2. An official act may be "one or more valid unexpired permits or approvals issued by Monroe
County." ~I01.l8.2 (2)(a)(I) Monroe County Year 2010 Comprehensive Plan
3. The applicant has failed to establish a valid, unexpired permit or approval issued by Monroe
County for the subject property.
WHEREFORE, the Applicants request for Vested Rights is hereby denied.
DONE AND ORDERED at Marathon, Monroe County, Florida this
~:I ,lyf/
;; IT day of
L
Randolph
FBN 377163
Vested Rights Hearing Officer
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
George Raymond Parks.
/
This cause came on to be heard by the Vested Rights Hearing Officer, who, after having reviewed
the application and exhibits, heard oral presentation of the Applicant and his/her attorney, if any, makes the
following findings of fact and conclusions oflaw:
FINDINGS OF FACT
I. The Applicant purchased the subject property in 1969 at which time the property was zoned
RU-3 which allowed for construction of multi-family dwellings.
2. Some construction occurred between 1973 and 1982 consisting of a slab, seawall and 2 sets of
davit pads.
3. September, 15, 1986 the subject property was re-zoned IS which pennitted only single family
residences;
4. The change in zoning was the subject of a application for a Land Use Map Amendment which
was approved by the Board of County Commissioner by resolution 077-1987, amending the
zoning to IS-D which would have allowed duplex structures;
5. The Florida Department of Community Affairs successfully appealed the resolution;
6. The Applicant applied for and was granted a pennit to build a single family residence on the
subject property, pennit 90-3-2312 being issued December 21,1990;
7. Apparently, in the latter part of 199 I, the Applicant approached Angela Roberts, Planning
Technician, Monroe County Planning Department, regarding the possibility of vesting zoning
as it existed prior to the adoption of the September 15, 1986 Land Development Regulations;
8. December 31, 1991, Angela Roberts explained to the applicant that vested rights applications
were required to have been filed within one year of the adoption of the September 15, 1986
Land Development Regulations, the inquiry by the Applicant being more the 4 years after the
deadline,
9. The record indicates that in June 1995 a joint application for a permit to construct a dock was
made to the Florida Department of Environmental Protection! Army Corp of Engineers, while the
record does not contain a permit, however, from the correspondence approval appeared immanent.
CONCLUSIONS OF LAW
10. A favorable determination of Vested Rights under the Plan requires that there be an official act
of approval by Monroe County prior to the effective date of the Plan, reliance by the Applicant on
the approval and a change in position by Applicant to his detriment; Monroe County Year 2010
Comprehensive Plan ~IOU8.2 (2)(a)(1).
12. The authority granted to the hearing officer by the law controlling these proceedings is to vest
rights as they existed immediately prior to January 4, 1996 or, to put in the negative, exempt the
applicant from the application Monroe County Year 2010 Comprehensive Plan;
13. Part II question I of the Application for Determination of Vested Rights states: "What, ifany,
official act by Monroe county has been granted. Name the date and nature of the approval,"
14. In response to Part II question 1, the Applicant stated: "Allocation awarded for issuance of
building permit 95-1-1747 under quarter ending April 13, 1996 of the dwelling unit allocation
system. "
15, The approval which the Applicant seeks to vest occurred after the effective date of the Plan
and, accordingly, may not be "vested".
WHEREFORE, the Applicants request for Vested Rights is hereby denied.
DONE AND ORDERED at Marathon,
C?~,1997.
Monroe County,
Florida this d day of
~~q;/L~
'" dolph W. Sadder, Jfsquire
FBN 377163
Vested Rights Hearing Officer
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNlY FLORIDA
IN RE:
THE VESTED RIGHTS APPLICA nON OF:
Charles E. Matthews, Jr.
/
This cause came on to be heard by the Vested Rights Hearing Officer, who, after having reviewed
the application and exhibits, heard oral presentation of the Applicant and his/her attorney, if any, makes the
following findings offact and conclusions of law:
FINDINGS OF FACT
1, December 5, 1995, the Applicant applied for a pennit for a single family residence and was
issued permit # 95-1-1747;
2. January 2, 1996, the Applicant submitted an Application for Residential Building Permit
Allocation, the Building Permit Allocation System - Summary Scoring Sheet indicated a total of 14
points;
3. February 8, 1996, the applications for the allocation quarter ending January 13, 1996 were
submitted to the Monroe County Planning Commission for review;
4. By letter dated February 13, 1996, the Applicant was informed that he had insufficient points for
an allocation award and, that January 5, 1996 the Monroe County Year 2010 Comprehensive Plan
became effective and that all subsequent reviews of the application would require consistency with
the Plan;
5. May 31, 1996, the Applicant withdrew the application to make revisions;
6. The Applicant purchased two lots at a cost of $15,866.73 which were conveyed to Monroe
County to obtain 4 allocation points;
7, June 13, 1996, the applicant reapplied in the pennit allocation system with a scoresheet
indicating 21 points;
8. August 8, 1996, the Monroe County Planning Commission reviewed the applications for
allocation quarter ended April 13, 1996 and the Applicant was approved;
9. The Applicant applied for a building pennit for a "roof over" and was issued pennit # 94-3-
2460;
10, Other materials and activities in which the Applicant has been involved indicate that there has
been an ongoing effort on his part to accomplish the right to build a multi-family structure on
the subject property;
11. Material has been provided on the merits of the issue of a land use map amendment but are
irrelevant for the reason more fully set forth below.
CONCLUSIONS OF LAW
12. The Applicant is attempting to vest zoning, which existed immediately prior to September 15,
1986;
13, As pointed out by Angela Roberts, the proper remedy was under the vested rights procedure of
the September 15, 1986 Land Development Regulations;
14, The authority granted to the hearing officer by the law controlling these proceedings is to vest
rights as they existed immediately prior to January 4, 1996 or, to put in the negative, exempt the
applicant from the application Monroe County Year 2010 Comprehensive Plan;
15. Immediately prior to the date set forth above, the Applicant was entitled to build a single
family residence, which he has done;
16. There has been no evidence presented that the application of the Plan to the subject property
deprives the Applicant of any development rights which may have existed immediately prior to the
adoption of the Plan, accordingly, there is nothing to vest.
WHEREFORE, the Applicants request for Vested Rights is hereby denied.
DONE AND ORDERED at Marathon, Monroe County, Florida this ~y of
V~ 1997.
~~~
Randolph W. adtler, Esquire
FBN 377163
Vested Rights Hearing Officer