Resolution 380-1998
County Attorney
RESOLUTION NO. 380 -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 JERRY AND LYNNE PETTY
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WHEREAS, on January 4, 1996, the Monroe County Year 2010 coe;~e!eian
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WHEREAS, development applications "in the pipeline" as of January i: 1 ~6 ~ s~ject
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to a determination of vested rights pursuant to Policy 101.18.1 of the Plan; and
became effective; and
WHEREAS, the matter of Jerry and Lynne Petty 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 Jerry and Lynne Petty 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
<~missioner Keith Douglass
, ~r:~91i1~s~oner Sh.irley F:eeman
/i/~.I.C~.0... m.. miSSioner Wilhelmina Harvey
c~~f{~-tkt(~tn.miSSioner Mary Kay Reich
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A~~t; DANNY L. KOLHAGE, Clerk
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MON E COUNTY, FLORIDA
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Mayor/Chairman
jvrpetty
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICA nON OF:
Jerry Petty and Lynne Petty.
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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, ifany, makes the
following findings offact and conclusions of law:
FINDINGS OF FACT
I, Building permit #10505 was issued May 3, 1983 for the construction of a single family residence
on the subject property;
2, A series of inspections occurred between May, 1983 and December, 1986, there has apparently
been no construction of any consequence since that time,
3, In the over ten years since the cessation of construction activity, Mr. Petty has had a series of
medical problems the treatment of which required him to be out of state and adversely affected his ability to
complete the construction,
4, The structure is essentially "dried in" however there is no plumbing or electrical service,
5, There are three possible solutions to this problem, none of which are squarely addressed by the
Vested Rights provision of the Plan:
a, Issuance of a demolition permit for the removal of the structure, which would cause
economic waste and cannot be ordered in this forum;
b, Denial of the Applicants' request for Vested Rights under the Plan which would result
in the partially completed structure remaining in its present condition awaiting further action by the
County to determine if the structure creates a public health or safety hazard, (It should be noted
that the March 7, 1997 memorandum from Patricia Herman to Robert Herman questions how a
home under construction for over 14 years could "suddenly" become a public safety issue),
c, Grant Vested Rights on an equitable and practical basis which is also beyond the scope
of these proceedings,
6, The Applicant has been diligent and acting in good faith in pursuing the construction authorized
by building permit # 1 0505 with the interruption of construction being caused by Mr, Petty's seriuos medical
problems;
7, The Plan is clear that vested rights may be granted only when the applicant has "one or more
valid unexpired permits or approvals, Policy 10 1.1 8,2(2)(a)(1) Monroe County Year 2010 Comprehensive
Plan, or "one or more valid unexpired permits issued prior to the effective date of the Plan", Policy
101.18,2(2)(a)(4) Monroe County Year 2010 Comprehensive Plan;
8, The relief sought by this Applicant exceeds the authority of the Vested Rights Hearing Officer
under the Plan and, accordingly, it is the recommendation that the application be DENIED,
DONE AND ORDERED at Marathon, Monroe County, Florida this ';g/~ day of
#"997.
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FBN 377163
Vested Rights Hearing Officer