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Item Q09BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 18, 2009 Division:. _ ... Growth Management Bulk Item: Yes _ No X Department:. .Planning and Env. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Ralph Gouldy 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Iramy Monteagudo on Lot 167 & S 1/2 Lot 168, Port Largo, Key Largo, Real Estate Number 00452980.000000. ITEM BACKGROUND: A building permit was applied for on 5/6/2004 and a ROGO application was applied for on 7/15/2004. The applicant applied for administrative relief on 10/23/2008 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of one (1) dwelling unit allocation. PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management NIA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. —2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY IRAMY MONTEAGUDO ON PROPERTY DESCRIBED AS LOT 167 & S 1/2 LOT 168, PORT LARGO SUBDIVISION, KEY LARGO, RE # 00452980.000000 IN THE FORM OF ONE - (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Iramy Monteagudo submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: 1. The application for administrative relief from Iramy Monteagudo is for Lot 167 & S 1/2 Lot 168, Port Largo Subdivision, Key Largo in Monroe County, Florida having RE# 00452980.000000. 2. The date of the ROGO application is 7/15/2004. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 10/23/2008, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 RE# (XW529X0,0tXXX)0 04302132 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Port Largo Subdivision and is located in a Tier 3 designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Iramy Monteagudo, for Lot 167 & S 1/2 Lot 168, Port Largo Subdivision, Key Largo in the form of one (1) dwelling unit allocation, subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 138-27 of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on 4/13/2009 or in the succeeding quarterly allocation period in which administrative relief allocations are available. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18th day of March, 2009. Mayor George Neugent Mayor Pro Tem, Sylvia J. Murphy Commissioner Mario Di Gennaro Commissioner Heather Carruthers Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION RE# (x345298n.(MXXX) (43 ,02132 Mayor George Neugent MONROE COUN ATTORNEY APpR ED S 0FORM Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Surces From: Tiffany Stankiewicz, Sr. Planning Technician Ralph Gouldy, Sr. Administrator Environmental Through: Townsley Schwab, Acting Director of Planning & Environmental Resources Date: Februray 23, 2009 Subject: Request for Administrative Relief for Monteagudo Lot 167 & S 1 /2 Lot 168, Port Largo, Key Largo, Real Estate No. 00452980.000000 I. BACKGROUND The applicant is eligible for Administrative Relief, has complied with all requirements of the dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly allocations and has not received an allocation award. Date Entered ROGO: 7/15/2004 Date Entered Administrative Relief: 10/23/2008 Tier Score: 34 Tier 3: 30 Perseverance: 4 H. CURRENT CONDITIONS Location: Lot 167 & S 1/2 Lot 168, Port Largo, Key Largo, Real Estate No. 00452980.000000 Owner: Iramy Monteagudo Land Use District: Improved Subdivision (IS) Tier: 3 2008 Taxable Value: $111,489 Page 1 of 2 04302132 Applicant/Agent: Gay Marie Smith FLUM: Residential Medium (RM) Purchase Price in 2003: $350,000 Reviewed by�� III. LEGAL ELIGIBILITY AND OPTIONS Eligibility for Administrative Relief Options: Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an allocation award in the ROGO system may apply to the Board of County Commissioners for Administrative Relief. The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least the first sixteen consecutive quarterly allocation periods, and not having received an allocation award. The application was timely submitted for administrative relief in the form of one (1) ROGO allocation award and has not expressed a desire to sell the property to the County. Relief Options under Administrative Relief: The remedies available for Administrative Relief pursuant to Section 138-27(f) includes: a. Offer to purchase the property at its fair market value as its preferred action if the property is located within: a) a designated Tier I area; b) a designated Tier II area (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable for affordable housing. b. Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in (1) above. c. Suggest or provide such other relief as may be necessary and appropriate. In the event purchase is recommended and the owner refuses the purchase offer, the applicant may remain in the ROGO System and continue earning perseverance points according to Monroe County Code Section 138-28. IV. RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period which closes 4/13/2009, or a succeeding quarterly allocation period in which administrative relief allocations are available. Page 2 of 2 Reviewed by 04302132 %j L ow h C R 12 t 4 ip 17 AOL% IF hu r .6 111111111ME, R MIRIPMEN Immommommommommomi Property Search -- MonrFe" r ' ty ropertyrA�pRser Page I of 2 Ervin A. Higgs, CFA offfoe (305) 292-3420 Property Appraiser fax (305) 292-3501 Monroe County, Florida Property Record View Alternate Key: 1552631 Parcel ID: 00452980-000000 Ownership Details Mailing Address: MONTEAGUDOIRAMIY PO BOX 2532 KEY LARGO, FL 33037 Property Details PC Code: 00 -VACANT RESIDENTIAL Mlffegs Group: 500K Affordabia Housing: No Section-Township-Rangs: 33-61-39 Property Location: 167 BAHAMA KEY LARGO Subdivision: PORT LARGO Legal Description; PORT LARGO -KEY LARGO PB5.3 LOT 167 & S112 LOT 168 OR531-83 OR791-427 OR1966-229 OR2079-99 Parcel Map k Land Details Land Use Code Frontage D th Land Area MWC -RESIDENTIAL CANAL 0 0 12.650.00 SF M10C -RESIDENTIAL CANAL 0 0 5,500.00 SF Building Summary Number of Buildings: c' Number of Commercial Buildings; C Total Living AT". 0 Year Built: 0 Misc Improvement Details Nbr Type 0 Units Length Width Year Built Rolf Year Grade Lifr 0 CL2.CH _ NK FENCE 55C SF 270 5 2005 2006 3 30 h c f g e ch Property Search -- Monroe Cr ty Property Appraiser Page 2 of 2 Building Permits Bldg Number Date Issued Date Completed Amount Description Notes 06VI244 031D4/2005 12/31/2006 1 FENCE Parcel Value History Certified Roil Values. View Taxes for this Parcel. Roll Year Total Bldg Value Total Mlsc Improvemem Value Total Land Value Toted Just (Market) Value Total Assessed Value School {exempt Value School Taxable value 2008 0 2.699 108,790 111.489 wTi 499 0 111,489 2007 0 2.344 108,790 111 134 111.134 0 111.134 2000 0 2,417 108.790 111,207 111,207 0 111,207 2005 0 0 108,790 108,790 108.790 0 108,790 2004 0 0 108,790 108,790 106,790 0 108,790 2003 0 0 108,790 108.790 108,790 0 108,790 2002 0 0 108,790 108,790 108.790 0 108.790 2001 0 0 108.790 108,790 108.790 0 108,790 2000 0 0 99.330 99,330 99,330 0 99.330 1999 0 0 89,870 89,e7o 89,870 0 89.970 lose 0 0 87.505 87,505 87.505 0 87,505 1997 0 0 $7,505 87,505 87,505 0 87,505 19" 0 0 87,505 87.605 87.505 0 87,505 1995 0 0 134,310 134,310 134,310 0 134.310 1904 0 0 127.050 127,050 127,050 0 127,050 1993 0 0 123,420 123,420 123.420 0 123,420 1992 0 0 108,900 106.900 106,900 0 108,900 1991 0 0 105,270 105.270 105,270 0 105,270 1990 0 0 87,120 87120 97120 0 87.120 1989 0 0 87.120 87120 87.120 0 87.120 1988 0 0 87,120 87.120 87.120 0 87,120 1987 0 0 79,860 79,860 79.860 0 79.860 1986 0 0 72,600 72,600 72,600 0 72,600 1985 0 0 68.970 68,970 se.970 0 68,970 1984 0 0 68.970 68.970 68,970 0 68,970 1983 0 0 53,984 53.954 53.904 0 53.984 1982 0 0 64,506 64,506 64,506 0 64,506 Parcel Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up In this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. Sal* Date Official Records Book/Page Price Instrumerh Qualification 12CMMM 1966/0229 3511[QQQ M Q 41`111979 7911427 30.000 00 Q This page has been visited 119,374 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 h C f~ g C Ch ` r}F ADMINISTRATIVE RELIEF APPLICATION Administrative Relief fee: $1,011.00 Property Owner's Name: Iramy Monteagudo Property Owner's mailing address: PO Box 2532 Key FL 33037 Phone: 522-0075 Fax: Agent's Name: Gay Marie Smith _ Agent's mailing address: PO Box 1638, Tavernier, FL 33070 Phone: 305-451-2675 Fax: 305-451-2675 (Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: "I, (owner's name) authorize (individual you are authorizing to represent you) to represent my property for this application for Administrative Relief' 167 & South 1J 2 Lot 168 PROPERTY DESCRIPTION: Lot lock NA SubdivisionPort Largo Key (island): Key Largo Street: 167 Bahama MM100 RE: 00452980.000000 If metes and bounds, attach legal description on separate sheet. Permit Application #: 04-3-2132 Date of most recent ROGO application: 7/15/04 What kind of administrative relief are you seeking? The the ROGO system for four years and is reque County issue his permit to construct the re NOTARY: STATE OF FLORIDA COUNTY OF I L 0,') f e tha Applicant's Signature n The foregoing si tare was acknowledged before me this � day A ac, ,20� . l � By r #. _-.#- who is personally known to me or produced as identific Lion. JOSHUA P. GALLO =r MY COMMISSION f OD 564745 . EXPIKS 16-2010 '�' y PypioUnAerxrllas My conrnis�n ex M Q Si ature of Notary bltc, State of Florida TO BE COMPLETED BY STAFF- DATE: PERMIT # POW 2 of 2 Adminkndve ReliefAypiia6m 11/5107 QUERY jFMEXT PREVIOUS 1 FIRST] LAST] 11 2 1 3 1 41 51 ZOOM I .__ j Display the next matching permit PERMIT NO j043022.32 f ATUS OPPEN APPLY OATS 05 O6%2004 OPER i11erd MASTER NO i NOTES J O PERMIT ISSUED OPER.� PROJECT CERT ISSUED] OPER CERT NUMBER I TYPE° RE: 00452980000000 - UPDATE ADDRESS PARC ADDR LT167 PORT LARGO C/SJZ KEY LARGO FL 33037 OWNERI MONTEAGUOO ALEXANDER & IRAMY OWNER2 0 ADDR PO BOX 2532 C/SIZ KEY LARGO FL 33037 PERMIT TYPE O7 US.C-404 TYPE 101 OWNER PH 3055220075 USAGE CLASS ES J PERMIT FORM rPrT M. MARKER 099 APPLIED VALUATION 250000 LAND USE JIS CALC VALUATION. rl 5246 0 FLO ZONE jAiS�� OWNERSHIP 13. PRIVATE NOTES [Y/N/D) OLD APPL. � -SPECIAL CONDITIONS/NOTES DCA DATE PRIVATE PR I SINGLE FAMILY RESIDENCE HURRICANE NOTICE OF COMMENCEMENT REQUIRED , 1■; User Somas 11 Quit Page 1 of 1 Stan kiere►icz Tiffany From: Stanldewicz-Tif#any Sent: Wednesday, December 17, 2008 4:51 PM To: 'Gay Marie Smith' Cc: Bauman -Barbara Subject: Adm. Relief Application for Monteagudo 04302132 Attachments: monte.PDF Hello Gay Marie, I am going thru the Adm. Relief Applications today. I noticed on the Adm. Relief Application for Monteagudo the legal description was incomplete (see attached). Please summit a new amended application with the complete description ie: Lot 167 8 S % Lot 168. Thank you, Sr. Planning Tech. Monroe County Planning 8 Environmental Resources 305-289-2513 stanncwi=-fiffWV@=onroeoovnty-ti.gov Please take a moment to complete our Customer Satisfaction Surve)r mWourocCOL WcbDoWcss Your feedback is important to usl Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 12/17/2008 ADMINISTRATIVE RELIEF APPLICATION Administrative Relief fee: $1,011.00 Property Owner's Name------iramy Monteaaudo Property Owner's mailing address: PO Box 2532, Key Largo, FL 33037 Phone: 305-522-0075 Fax: Agent's Name: r,a M--_ _ .. . Agent's mailing address: PO Box 1638 Phone: 305-451-2675 Tavernier, FL 33070 Fax: 305-451-2675 (Please attach a statement authorizing representation of this application by someone other thyourself. The statement should read: "I, (owner's name) authorize (indian vidual you are authorizing to represent you) to represent my property for this application for Administrative Relief PROPERTY DESCRIPTION: Lot 1� 6_` Block N/A Subdivision Port Largo Key (island): Key Largo Street: 167 Bahama If metes and hounds, attach legal des ption on separate sheet. MM: 1 0 WE: 0 4 5 2 9 8 0 0 0 0 0 0 0 Permit Application #: 04 3 - 21 3 2 Date of most recent ROGO application: 7 / 1 5 / 0 4 What kind of administrative relief are you seeking? The ro ert owner has been in the ROGO system for four vAar� county issue his permit to construct NOTARY: STATE OF FLORIDA COUNTY OF The foregoing signature yas acknowledged before me this re ue l that Mc he r Si ence Applicant's Signature date TO BE COMPLETED BY STAFF. DATE: 1 PERMIT # 6 P2Vzaz AdmWstiro ree WApplimtia„ 1115W Date. I hereby authorize Day Marie Smith be listed as authorized agent for Iramy Monteagudo for the Administrative Relief Application submittal for Building Permit Application 04-3-2132 for property described as Lot 167 and South half of Adjacent Lot 168 of Port Largo in Key Largo under Real Estate Number #452980.000000. This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purpose stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization forms must be submitted with the application if there are multiple owners. Iramy Monteagudo NOTARY' irl, STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me tt day of July 2008 by Iramy Monteagudo who is personally known produced Identification Type of identification) did/did not take an oath. Notary uWe Signature MARY Wkj TRIAS ,zo��"� PbB�;'•a Notary Public State of Ftanda • ' my Commission Expires Jut 11 2011 _�:• S Commission # J)0 494429 •�iE yx f�``, pN�N gondNd Through Nat,unal Notary ASSn