Resolution 378-1998
County Attorney
RESOLUTION NO.3 7 8 - 1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, EVIDENCING THE BOARD'S APPROVAL OF A RECOMMENDED
ORDER OF DETERMINATION OF VESTED RIGHTS PROMULGATED BY THE VESTED
RIGHTS HEARING OFFICER, IN RE: THE APPLICATION OF MIKE DENIUS
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WHEREAS, on January 4, 1996, the Monroe County Year 2010 com~~ns~ ~n
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became effective; and 0(""). -.J C)
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WHEREAS, development applications "in the pipeline" as of Jan~~, $6 ~e
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subject to a determination of vested rights pursuant to Policy 101.18.1 of the~lama~ S
WHEREAS, the application of Mike Denius for determination of vested rights was
originally heard by Mr. Randy Sadtler, designated Vested Rights Hearing Officer, who
eventually issued a Recommended Order granting the Vested Rights application; and
WHEREAS, although the Recommended Order does not comply with the
requirements of Policy 101. 18.2(3)(a) in that there is nothing in the Order establishing that the
applicant has reasonably relied on an official act by the County, the approval which he did
obtain (i.e., the July, 1995 Florida DEP wastewater treatment facility permit) is a prerequisite
to applying for a Monroe County permit; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
1. On December 13, 1995, Mike Denius submitted an application for a building
permit (Permit No. 95-3-3375) for a one-story commercial office building of 2,485 square feet
to be constructed on Lots 1, 2, and 3, Block 2, Sherrill Park Tavernier, Florida.
2. Applicant's asserted reliance on the approval by another agency of a sewage
treatment facility does not establish reasonable reliance "upon an official act of the
County," but Applicant did obtain in July, 1995, a Florida DEP wastewater treatment facility
permit, which is a prerequisite to the issuance of a Monroe County permit.
3. The Applicant's building permit application was filed on December 13, 1995,
after public notice had been given of the effective date of the 2010 Comprehensive Plan.
4. Notwithstanding the foregoing, it is right, fitting and just that the application be
granted. Accordingly, the Recommended Order of the Vested Rights Hearing Officer is
approved and the application is GRANTED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 9th day of September
1998.
Mayor Jack London
Commissioner Keith Douglass
Commissioner Shirley Freeman
//~.~6mrnissioner Wilhelmina Harvey
'~"").~\,.."~~,',.,.'",,"...,iS. s",ioner Mary Kay Reich
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A'tte~t:}I3ANNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONR COUNTY, FLORIDA
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Deputy Clerk
Mayor/Chairman
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BEFORE mE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Mike Denius.
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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 oflaw:
FINDINGS OF FACT
1. The Applicants has taken the following actions to obtain approval for the development sought:
a. The Applicant commenced this project by commissioning Keys Engineering Service
to prepare plans for this project;
b. This project is for development allowed as of right;
c. July 18, 1995, approval for an on site sewage treatment facility was obtained as a
prerequisite for application for a Momoe County building permit;
d. The Applicant submitted building permit application 95-3-3375 subsequent to the
issuance of the permit for the on site sewage treatment plant.
2. The Applicant has been diligent and acting in good faith in pursuing the development sought and
has substantially changed his position by continuing to expend a substantial sum on this development;
3. The development ( application process) has commenced and has continued in good faith without
interruption.
CONCLUSIONS OF LAW
4. Items 1 c above constitutes an approval upon which the Applicant could justifiably rely.
Monroe County Year 2010 Comprehensive Plan, Policy 101.18.2 (1)
5. It would be highly inequitable or unjust to affect the rights of the Applicant by requiring the
Applicant to conform with the Plan. Monroe County Year 2010 Comprehensive Plan, Policy 101.18.2
(2)(b ).
6. The Applicant's request for Vested Rights is Granted subject to the following restrictions:
a. The geographic scope of this Determination is limited to the scope relative to the total
area of the development site as contemplated by the approved application;
b. The duration of this Determination and its termination shall be as contemplated by the
approved application;
c. The substantive scope of this Determination shall be as contemplated by the approved
application;
d. By virtue of this determination, the Applicant is entitled to development as
contemplated by the plans as approved and subject to the Monroe County Land Development Regulations
existing January 4, 1996, however, amendments to the Monroe County Land Development Regulations
shall apply if such amendments would have applied to the development notwithstanding Monroe County
Year 2010 Comprehensive Plan.
e. The Applicant is entitled to the construction contemplated by the approved application
so long as the construction is timely commenced and subject to quarterly reporting to ensure that
development is continuing in good faith
DONE AND ORDERED at Marathon, Monroe County, Florida this
~'1998.
'Id day of