Resolution 359-20172
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 359 -2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA ACCEPTING THE
RECOMMENDATION OF SPECIAL MAGISTRATE DAVID P. KIRWAN
TO DENY THE REQUEST FOR RELIEF MADE BY BRADLEY M.
LEVINE AND MELISSA A. FRIEDMAN - LEVINE PURSUANT TO
FLORIDA STATUTES 70.51, THE FLORIDA LAND USE AND
ENVIRONMENTAL DISPUTE RESOLUTION ACT.
WHEREAS, Bradley M. Levine and Melissa A. Friedman - Levine ( "Applicants ") are
owners of the property located at 68 Tarpon Avenue, Key Largo, Florida (hereinafter "Subject
Property "); and
WHEREAS, the Subject Property is zoned Improved Subdivision (IS); and
WHEREAS, pursuant to LDC 130- 83(b), vacation rental use is prohibited in all
IS Districts and subdistricts, except in: (1) IS -V districts (as set forth in section 130 -84); and (2)
In gated communities that have: a. Controlled access; and b. A homeowner's or property owner's
association that expressly regulates or manages vacation rental uses; and
WHEREAS, with certain exceptions, any person operating a vacation rental must apply
for a permit to do so; and
WHEREAS, on December 20, 2016, Applicants filed a Request for an Exemption to a
Special Vacation Rental Permit (hereinafter "Request ") and the application was for an exemption
pursuant to Section 134- 1(b)(1) which provides that a vacation rental permit is not required for
"[a] vacation rental of a dwelling unit located within a controlled access, gated community with a
homeowner's or property owner's association that expressly regulates or manages vacation rental
uses;" and
WHEREAS, by letter dated June 9, 2017 (hereinafter "Letter of Denial "), Mayte
Santamaria, in her capacity as the Senior Director of Planning & Environmental Resources
Department for Monroe County, Florida, denied Applicants' Request, determining in part that
the subject property alone does not meet the definition of "community" or "gated community;"
and
WHEREAS, Applicants applied for relief from the Letter of Denial under the Florida
Land Use and Environmental Dispute Resolution Act, Florida Statute 70.51; and
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WHEREAS, the parties engaged in a mediation/hearing at the offices of Special
Magistrate David P. Kirwan on November 15, 2017, and did not reach an agreement; and
WHEREAS, on November 21, 2017, Special Magistrate David P. Kirwan rendered his
Recommendation that the relief requested by Applicants not be granted, finding that "the Letter of
Denial is not unreasonable and does not unfairly burden the use of the Subject Property ; and
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that the
Recommendation of Special Magistrate David P. Kirwan is hereby accepted and
adopted without modification and Applicants' request for relief under the Florida
Land Use and Environmental Dispute Resolution Act, Florida Statute 70.51 is
denied.
PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of
Monroe County, Florida held on the 13th day of December, 2017.
Mayor David Rice
Yes
Mayor Pro Tem Sylvia Murphy
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner George Neugent
Yes
Commissioner Heather Carruthers
Yes
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66 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
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78 ATTEST: KEVIN MADOK, CLERK
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78 ATTEST: KEVIN MADOK, CLERK
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