Resolution 379-1998
County Attorney
RESOLUTION NO~ 7 9 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, EVIDENCING THE BOARD'S APPROVAL OF A RECOMMENDED VESTED
RIGHTS DETERMINATION PROMULGATED BY THE VESTED RIGHTS HEARING
OFFICER, IN RE: THE APPLICATION OF HERBERT PONTIN AND CHRISTIN~or!TI~ ~
;;c::, '..... r-
::::0 2"; "', --
_C"')_,~, ", ,.,
'-'r--: -0 0
rrl;::s:;:......
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Cog~ehe~vedlan
c:::o~ ;0
z. 0 :-
-inr :x :::"'.)
became effective; and :<-i:J: - M
...,,' J> -= g
r C> en
WHEREAS, development applications "in the pipeline" as of January ~1 ~ (]Nt s~ect
to a determination of vested rights pursuant to Policy 101.18.1 of the Plan; and
WHEREAS, the matter of Herbert Pontin and Christine Pontin for determination of vested
rights was heard by Vested Rights Hearing Officer Randolph W. Sadtler, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA that the Findings of Fact and Conclusions of Law are APPROVED and the Vested Rights
application of Herbert Pontin and Christine Pontin is 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 9th day of September , 1998.
Mayor Jack London
Commissioner Keith Douglass
Commissioner Shirley Freeman
,C.-9m~issioner Wilhelmina Harvey
" <:~~~~~.l~:mer Mary Kay Reich
~t~:f~l\~i~~tLHAGE' Cle~
'~;
B~~C' 42v)6a~~
/
Deputy Clerk
yes
yes
yes
yes
YI:::;
BOARD OF COUNTY COMMISSIONERS
OF MON E COUNTY, FLORIDA
jvrpontin
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICA nON OF:
Herbert Pontin and Christine W. Pontin.
/
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 of law:
FINDINGS OF FACT
1, The Applicants have taken the following actions to obtain approval for the development sought:
a, The Applicant commenced processing an application for the development of the subject
parcel March 7, 1989 when the Monroe County Building Department issued permit
#8910000531 for the "demolition and moving building";
b, Subsequently the Applicant applied for and was issued permit # 8910002027 for the
clearing of the subject property, essentially, the removal of exotic vegetation;
c, The application is unclear on exactly when the Applicant began to seek approval for a
fill permit, but at least as early as May 21, 1984, the Applicant was informed by letter from
Jeffery M, Doyle, Ph,D" Director of Planning Building and Zoning, that some application
for the proposed development was denied by the Board of County Commissioners;
d, The application is unclear as to the ultimate development of the property, however, it is
clear that the placement of 95,000 cubic yards of fill was necessary before the ultimate
development could occur;
e, By letter dated July 13, 1984, Colonel Alfred B, Devereaux, Army Corp of Engineers
indicated that an Army Corp of Engineers permit could not be issued where local land use
authority had denied a permit for the development sought;
f By final order dated August 1, 1986, Victoria Tschinkel, Director, Florida Department
of Environmental Regulation denied a State permit for the placement of 95,000 cubic
yards of fill on the subject property citing the Applicant's failure to provide additional
information pursuant to requests dated June 18 and August 16, 1984 and April 4, May 5
and September 17, 1985;
g, By letter dated April 15, 1986 from Charles Pattison, Director, Building Zoning and
Planning, the Applicant was informed that the Applicant would be required to obtain state
and federal approval of the placement of 95,000 cubic yards of fill before the County
could issue its' permit;
h, September 28, 1992, apparently in response to a letter from the Applicant dated
August 25, 1992, which is not included with the application, and exhibits, Captain Tom
Brown, County Administrator, reiterated the requirements set forth in the April 15, 1986
Pattison letter cited above;
i, The application contains no material indicating what if any steps were taken by the
Applicant to obtain state and federal approval for the placement of 95,000 cubic yards of
fill on the subject property,
CONCLUSIONS OF LAW
2, Vested rights may be granted where the applicant has "relied on an official act by the county",
Monroe County Year 2010 Comprehensive Plan, Policy 101.18,2 (2) (a)
3, An official act may by be "one or more valid, unexpired permits or approvals", Monroe County
Year 2010 Comprehensive Plan, Policy 101.18,2 (2)(a) (1),
4, The application and exhibit indicate that the proposed development has been denied on the local,
state and federal levels, albeit for apparently procedural grounds;
5, The proposed development, never having achieved the position of being subject to a "valid
unexpired permit or approval", there is no "right" which can be "vested";
5, Accordingly, it is recommended that the application be DENIED,
DONE AND ORDERED at Marathon, Monroe County, Florida this
fir, l~'
? trIday of