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Item Q06 MEMORANDUM MCP&ERD ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT We strive to be caring, professional and fair To:Monroe County Board of County Commissioners From:Tiffany Stankiewicz, Development Administrator Michael Roberts, CEP; PWS, Sr. Administrator Environmental Resources Through:Townsley Schwab, Director of Planning & Environmental Resources Date:August 11, 2011 Subject:Request for Administrative Relief for Geis & Ruffner Lot 8 & S 1/2 9, Block 2,Torchwood West Unit Two,Big Torch, Real Estate No. 00243622.002100 1 2 I.B ACKGROUND 3 4 The applicant is eligible for Administrative Relief, has complied with all requirements of the 5 dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly 6 allocations and has not received an allocation award. 7 8 Date Entered ROGO :1/4/2007 9 10 Date Entered Administrative Relief :4/19/2011 11 12 Tier Score:14 13 Tier 1:10 14 Perseverance: 4 15 16 This application was ranked #23in Quarter 3 Year 19. 17 18 II.CC URRENT ONDITIONS 19 20 Location: Lot 8 & S 1/2 9, Block 2,Torchwood West Unit Two,Big Torch, Real Estate No. 21 00243622.002100 22 23 Owner: Applicant/Agent: David Roberston Geis Jr. & Christine RuffnerSweetwater Homes 24 25 Land Use District: FLUM: Improved Subdivision (IS)Residential Medium (RM) 26 27 Tier: 1 28 29 Property is on the FEMA Injunction list. 30 Page 1of 3 Reviewed by _____ 06106183 1 2010: Total Assessed Value:Purchase Price in 6/13/2005: $24,480$80,000 2 3 Additional Relevant Information : 4 The property is located in Tier 1and has no water availability from the Florida Keys Aqueduct 5 nor are they anticipated to have sewer. The parcel ismostly scarified but is sparsely vegetated 6 with natives(buttonwood)and invasive exotics(Brazilian pepper). Two (2) unauthorized 7 storage containers are also located on the parcel.The parcel isbounded by properties with 8 single-family residencesto the north and south. Additionally, the acreage parcel to the west is 9 developed with a single-family residence on the disturbed portion of the property and the 10 remainder is a mixture of mangroves, scrub mangrove, buttonwood, and hammock.To theeast 11 across a canal is vacant land which is adjacent to atropical hardwood hammock over 50 acres in 12 size. The Monroe County Protected Animal Species Mapand U.S. Fish & Wildlife Service 13 (FWS) Focus Area Mapsindicate there is potential suitable habitat for the Eastern Indigo snake 14 in the subdivision, and the subject parcel lies within the FWS buffer for the silver rice rat and the 15 lower Keys marsh rabbit.The natural area to the east contains potential suitable habitat forsix 16 (6) or more listed species including the Key Deer, marsh rabbit, silver rice rat, eastern indigo 17 snake, the Stock Island tree snail and the Keys tree cactus. 18 19 III.LEO EGAL LIGIBILITY AND PTIONS 20 21 Eligibility for Administrative Relief Options: 22 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 23 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 24 allocation award in the ROGO system may apply to the Board of County Commissioners for 25 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 26 all requirements of the dwelling unit allocation system and having been considered in at least the 27 first sixteen consecutive quarterly allocation periods, and not having received an allocation 28 award. The application was timely submitted for administrative relief in the form of one (1) 29 ROGO allocation award and the applicant has not expressed a desire to sell the property to the 30 County. 31 32 Relief Options under Administrative Relief: 33 The remedies available to the Board of County Commissioners for Administrative Relief 34 pursuant to Section 138-27 include: 35 36 a.Offer to purchase the property at its fair market value as its preferred action if the 37 property is located within: a) a designated Tier I area; b) a designated Tier II area 38 (Big Pine Key and No Name Key); c) a designated Tier III-A area (Special 39 Protection Area); or d) a designated Tier III area on a non-waterfront lot suitable 40 for affordable housing. 41 b.Grant the applicant an allocation award for all or a number of dwelling units 42 requested in the next succeeding quarterly allocation period or extendedpro rata 43 over several succeeding quarterly allocation periods as the preferred action for 44 buildable properties not meeting any of the criteria in (1) above. 45 c.Suggest or provide such other relief as may be necessary and appropriate. 46 Page 2of 3 Reviewed by _____ 06106183 1 In the event purchaseis recommended and the owner refuses the purchase offer, the 2 applicant may remain in the ROGO System and continue earning perseverance points 3 according to Monroe County Code Section 138-28. 4 5 IV.R ECOMMENDATION 6 7 It is recommended that the Board of County Commissioners find that the applicant has met the 8 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 9 by an offer to purchase by the Monroe County Land adopted that establishes this relief 10 Authority . 11 12 Page 3of 3 Reviewed by _____ 06106183