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Item P1QUASI- JUDICIAL HEARING 10:00 a.m. (Time Approximate) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2013 Division: Public Works Division Bulk Item: Yes _ No X Department: Engineering Services Department Staff Contact Person /Phone #: Judy Clarke X4329 AGENDA ITEM WORDING: Appeal by Mayra L. Parente of denial of a right of way permit to landscape on the county right -of -way by 346. E. Seaview Drive in Duck Key. ITEM BACKGROUND: Homeowner installed landscaping (trees) on county right -of -way; Section 19 -33 of the Monroe County Code Prohibits landscaping on county public right of way. Staff notified homeowner of need to remove landscaping in accordance with Section 19 -48 (letter attached). Homeowner is appealing the decision as allowed by Monroe County Code Section 19 -46. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT /AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB /Purchasing Risk Management DOCUMENTATION: DISPOSITION: Included X Not Required AGENDA ITEM # Revised 7/09 Wayra L. 4Parente eg a4 io I. Medina 8456 Glencairn Terrace Miami Lakes, FL33016 Mobile (786) 412 -7582 April 15, 20131 Re: 346 E. Seaview Drive Duck Key, FL (RE: 00384360) Dear Ms. Clarke: I thank you for tatting my call and making the time to explain the notice I received regarding our landscaping in front of our new home. As I mentioned, we have been making improvements to our property, one which was left without improvements and deteriorating for many years. We have made great progress with the cooperation of the local Aqueduct and Building departments, and have made a conscience effort to perform all work in compliance with all jurisdictions. As for the landscaping, we did not figure any wrong doing on account that all of the homes on our islands have similar landscaping in front of the homes. Further, we had a landscaping company that was also unaware that planting these trees would result in a violation. I am respectfully asking that special consideration is made, and allow these trees to remain. They are truly very attractive and add a beautiful touch to the neighborhood, home and surroundings. I will, without hesitation, agree to any terms such as, formal maintenance agreement, violation fees etc., should our request be granted. Please allow us to present our plea and give us this opportunity. I can be reached at 786 -412- 7582. Y, Mhkra L. Parente Happy new Owner of Seaview home Cell: (786) 412 -7583 C UNTY oMONROE KEY WEST FLORIDA 33040 (305)294 -4641 Monroe County Engineering Services Department 1100 Simonton Street Key West, Florida 33040 (305) 295 -4329 (305) 295 -4321 Fax March 22, 2013 Mr. Plinio Medina 8456 Glencairn Terrace Hialeah, Florida 33016 -1480 S 5 BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem Heather Carruthers, District 3 Danny Kolhage, District 1 David Rice, District 4 Sylvia 3. Murphy, District 5 Return Receipt #7010 2780 0002 6094 1333 Re: 346 East Seaview Drive, Duck Key (RE 00384360) work in county right -of -way Dear Mr. Medina: This letter will serve as notice, as required under Section 19-48 of the Monroe County Code that work consisting of landscaping on the county right -of -way at 346 East Seaview Drive, Duck Key was performed without a right of way permit or approval from Monroe County Public Works,'Engineering Department. The Monroe County Code (Section 19 -33) does not allow landscaping on the County right-of- way. As the owner of record, you are required to remove he landscaping immediately and return the right of way to its pre -work condition. If you should have any questions or require any additional information, please feel free to contact me by telephone at (305) 295 -4329 or by email at clarke-udith@monroecounty-fl.gov Thank you. cc: Ed Sims Development LLC, Return Receipt #7010 2780 0002 6094 1340 Ronda Norman, Code Compliance 13 UVRRROM UnW