Item Q07
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 Relieffor Schwartz
Lot 15, Block 1,Torchwood West Unit One,Big Torch,
Real Estate No.00243621.001500
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I.B
ACKGROUND
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The applicant is eligible for Administrative Relief, hascomplied with all requirements of the
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dwelling unit allocation system, has been considered inthe first sixteen consecutive quarterly
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allocationsand hasnot receivedan allocation award.
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Date Entered ROGO
:9/12/2006
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Date Entered Administrative Relief
:2/28/2011
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Tier Score:14
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Tier 1:10
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Perseverance: 4
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This application was ranked #22in Quarter 3 Year 19.
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II.CC
URRENT ONDITIONS
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Location:
Lot 15, Block 1,Torchwood West Unit One,Big Torch, Real Estate No.
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00243621.001500
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Owner:
John D. & Mary Jane Schwartz, Rev Living Trust 11/30/04
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Applicant/Agent:
Jim Rutherford
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Land Use District: FLUM:
Improved Subdivision (IS)Residential Medium (RM)
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Tier:
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Property is on the FEMA Injunction list.
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2010:Total AssessedValue:Purchase Price in 6/8/1999:
$16,320$30,000
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Additional Relevant Information
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The property is located in Tier 1and has no water availability from the Florida Keys Aqueduct
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nor are they anticipated to have sewer.The parcel is partially filled and scarified, sparsely
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vegetated with mangroves and buttonwoodand has an unpermitted dock on the property. It is
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bounded by vacant, sparsely vegetated properties to the south. The property to the north is an
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existing single-family residence. To the east the subject property is contiguous with a tropical
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hardwood hammock over 50 acres in size. The Monroe County Protected Animal Species Map
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and U.S. Fish & Wildlife Service (FWS) Focus Area Maps indicate there is potential suitable
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habitat for the Eastern Indigo snake in the subdivision, and the subject parcel lies within the FWS
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buffer for the silver rice rat and the lower Keys marsh rabbit. The natural area to the east contains
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potential suitable habitat for six (6) or more listed species including the Key Deer, marsh rabbit,
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silver rice rat, eastern indigo snake, the Stock Island tree snail and the Keys tree cactus.
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III.LEO
EGAL LIGIBILITY AND PTIONS
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Eligibility for Administrative Relief Options:
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Section 138-27of the Monroe County Land Development Regulations and Policy 101.6.1 of the
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2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an
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allocation award in the ROGO system may apply to the Board of County Commissioners for
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Administrative Relief. The applicant is eligible for Administrative Relief having complied with
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all requirements of the dwelling unit allocation system and having been considered in at least the
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first sixteen consecutive quarterly allocation periods, and not having received an allocation
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award. The application was timely submitted for administrative relief in the form of one (1)
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ROGO allocation award and the applicant has not expressed a desire to sell the property to the
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County.
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Relief Options under Administrative Relief:
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The remedies available to the Board of County Commissioners for Administrative Relief
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pursuant to Section 138-27include:
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a.Offer to purchase the property at its fair market value as its preferred action if the
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property is located within: a) a designated Tier I area; b) a designated Tier II area
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(Big Pine Key and No Name Key); c)a designated Tier III-A area (Special
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Protection Area); or d) a designated Tier III area on a non-waterfront lot suitable
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for affordable housing.
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b.Grant the applicant an allocation award for all or a number of dwelling units
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requested in the next succeeding quarterly allocation period or extended pro rata
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over several succeeding quarterly allocation periods as the preferred action for
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buildable properties not meeting any of the criteria in (1) above.
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c.Suggest or provide such other relief as may be necessaryand appropriate.
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In the event purchase is recommended and the owner refuses the purchase offer,the
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applicant may remain in the ROGO System and continue earning perseverance points
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according to Monroe County Code Section 138-28.
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IV.R
ECOMMENDATION
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It isrecommended that the Board of County Commissioners find that the applicant has met the
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criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be
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byanoffertopurchase by the MonroeCounty Land
adoptedthat establishes this relief
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Authority
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