Item I1County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: I.1
Agenda Item Summary #4136
BULK ITEM: No DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
10:00 A.M.
AGENDA ITEM WORDING: Appeal by Myra Allen of denial of an After - The -Fact Right -of-
Way permit for unpermitted work on the County Right -of -Way. (THIS IS A QUASI - JUDICIAL
HEARING)
ITEM BACKGROUND: Homeowner built a concrete walkway /driveway connection totaling
26.5ft wide on County right -of -way without first obtaining a permit. Work was not built according to
County specifications and therefore an After - The -Fact permit cannot be granted. Staff notified
homeowner of need to remove or modify the work in accordance with Section 19 -48 (letters
attached). Homeowner is appealing the decision as allowed by Monroe County Code Section 19 -46.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
Allen Item 5_2018
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Judith Clarke
Completed
05/01/2018 1:17 PM
Christine Limbert
Completed
05/01/2018 3:37 PM
Budget and Finance
Skipped
04/16/2018 4:38 PM
Maria Slavik
Skipped
04/16/2018 4:38 PM
Kathy Peters
Completed
05/01/2018 9:10 PM
Board of County Commissioners
Pending
05/16/2018 9:00 AM
305 8 >9oc � �>
Engineering Department
MEMORANDUM
To: Board of County Commissioners
From: Judy Clarke, Director of Engineering Services
Date: May 1, 2018
Re: Appeal of Right -of -Way permit denial — Myra Allen A42 8 th Avenue, Stock Island
This item is an appeal of Engineering Department's denial of an after the fact right -of -way
permit application to allow a 26 ft. wide concrete driveway connection/walkway remain on the
county right -of -way at A42 8th Avenue. The permit application was denied because Monroe
County Code Section 19 -41 allows a maximum driveway connection width of 24 ft. versus the
26.5 ft. wide connection that was constructed at this location. Additionally, the concrete
connection does not extend to the roadway and is not flush with the asphalt roadway or the
adjacent ground surface and therefore creates a tripping hazard on the county right -of -way.
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Code Compliance staff referred this location to Engineering Department on June 19, 2017 and
after a site inspection engineering staff sent a notification letter to the property owner (June 23, Go
2017). The owner contacted engineering on June 28 and after a discussion with staff about how CD
to bring the location into compliance seemed amenable to making the changes. On August 23, LO i
2017, after a second site inspection a second notice of violation letter was sent to the property
owner by engineering.
In late October, 2017 the property owner dropped off a building department permit application to
install additional brick pavers between the concrete walkways to Engineering Department. Staff
sent a third letter on October 31, 2017 describing changes needed to bring the work into
compliance. Ms. Allen met with engineering staff on November 11, 2017 and was told that if she
did not wish to comply she could appeal the decision to the BOCC.
On January 3, 2018, after staff did not hear from Ms. Allen with a request to schedule an appeal
the case was referred to Code Compliance who issued a letter to the Owner on January 26, 2018.
Ms. Allen met with Kevin Wilson in early February, 2018 and on February 12, 2018 requested to
be allowed to appeal the decision on this issue to the BOCC.
Owner c d. ����� ' area was ct C ii�6n dept. told hey. she could
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contractor t o flx the tissues such as Wdth. radius rye, a t cty specs. lif she wants to keep lit.
County f Monroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neu gent, District 2
Di
Mayor Pro Tem David Rice, District 4
The Florida Keys
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Heather Carruthers, District 3
Danny L. Kolhage, District
1
Monroe County
Engineering Services Department
1100 Simonton Street
Key West, Florida 33040
(305) 292 -4427
(305) 295 -4321 Fax
Sylvia J. Murphy, District 5
Sent Certified Mail Return Receipt
#7014 0150 00018070 2257
June 23, 2017
Myra Allen
A42 8 Avenue
Key West, FL 33040
Re: Work on County Right -of -Way
Lot 42, Block A Lincoln Gardens Subd., RE #00131750- 000000
To Whom it May Concern:
This letter will serve as notice, as required under Section 19 -48 of the Monroe County
Code that work consisting of construction of 26 ft wide concrete sidewalk/driveway on
the county right -of -way was performed in front of A42 8th Avenue, Stock Island without
a right of way permit or approval from Monroe County Public Works /Engineering
Department.
Monroe County Code (Section 19 -33) specifies that a right of permit is required prior to
the construction of any structure, driveway, pavement or object on the right of way. As
the owner of record, you are required to remove these items immediately and return the
county right of way to its pre -work condition. An after - the -fact permit may be obtained
for work on the county right away as long as all specifications and construction
standards are met along with payment of all applicable permit and penalty fees.
If you should have any questions or require any additional information, please feel free
to contact me by telephone at (305) 292 -4427 or by email at Erickson -
Breannc (&MonrocCounty -FL.
Sincerely,
i��
Breanne Erickson
Sr. Engineering Technician
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21
6/20/2017
County of Monroe
The Florida Keys
Monroe County
Engineering Services Department
1100 Simonton Street
Key West, Florida 33040
(305) 292 -4427
(305) 295 -4321 Fax
August 23, 2017
Myra Allen
A42 8 1h Avenue
Key West, FL 33040
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Heather Carruthers, District 3
Danny L. Kolhage, District 1
Sylvia J. Murphy, District 5
Sent Certified Mail Return Receipt
#7014 0150 0001 8070 2301
SECOND NOTICE
Re: Work on County Right -of -Way
Lot 42, Block A Lincoln Gardens Subd., RE #00131750- 000000
To Whom it May Concern:
This letter will serve as notice, as required under Section 19 -48 of the Monroe County
Code that work consisting of construction of a 26 ft wide concrete sidewalk/driveway on
the county right -of -way was performed in front of A42 81h Avenue, Stock Island without
a right of way permit or approval from Monroe County Public Works /Engineering
Department.
Monroe County Code (Section 19 -33) specifies that a right of permit is required prior to
the construction of any structure, driveway, pavement or object on the right of way. As
the owner of record, you are required to remove these items immediately and return the
county right of way to its pre -work condition. An after - the -fact permit may be obtained
for work on the county right away as long as all specifications and construction
standards are met along with payment of all applicable permit and penalty fees.
You were first notified of this violation on June 23, 2017. As of August 22, 2107, the
violation still exists and no progress has been made on rectifying the violation.
If you should have any questions or require any additional information, please feel free
to contact me by telephone at (305) 292 -4427 or by email at Erickson-
Breannc@MonrocCounty-FL.gov
Sincerely,
Breanne Erickson
Sr. Engineering Technician
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Uu M. 17 1=1 W-A I "1 1. 1 1 . - - . w ITT 0 - TAI T �
1'1113 - owner carne unto off c to get rnore nforrn tl n concernlng her case. Told hey hey. only r' (,OL! Ise if1.a
she er d to rernove the concrete was to p ply for an after the fact perrn t wNch we would deny and then
request an appeal wNch would be hear d before the BOCC.
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County of Monroe l ' tr r ,
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The Florida Keys
Monroe County
Engineering Services Department
1100 Simonton Street
Key West, Florida 33040
(305) 292 -4427
(305) 295 -4321 Fax
October 31, 2017
Myra Allen
A42 8 th Avenue
Key West, FL 33040
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
Heather Carruthers, District 3
Danny L. Kolhage, District 1
Sylvia J. Murphy, District 5
Sent Certified Mail Return Receipt
#7014 0150 0001 8070 2356
Re: Work on County Right -of -Way
Lot 42, Block A Lincoln Gardens Subd., RE #00131750- 000000
Ms. Allen,
I am sorry I was out of the office when you attempted to visit me on Friday, October
27 Unfortunately, the fore you dropped off is from the Monroe County building
department and not a Right of Way Use permit. I attempted to call you at the number
provided; however I did not get through.
From the site plan you attached, it appears you are wishing to keep the existing concrete
walkways and fill in the center area with brick pavers. This is not acceptable as Monroe
County Engineering allows for a maximum of a 24ft wide driveway connection and the
concrete you had installed is nearly 26ft wide. As I tried to explain when I spoke to you
in June and August, in addition to the maximum width being exceeded, our other
concern is the lack of smooth transition between the edge of the asphalt road and the
concrete and also the lack of smooth transition between the slabs of concrete and
adjacent right of way area which creates a safety hazard for pedestrians and drivers.
If you choose to apply for an after - the -fact permit for the existing concrete as it currently
is, your application will be denied as it does not conform to Monroe County standards.
Your choices are to remove all of the concrete within the County Right of Way and
restore the right of way to its pre -work condition or you may also choose to modify the
existing concrete to meet County specifications as set forth in the Monroe County Public
Works Manual. If you choose to modify the unpermitted work, you will need to apply
for an after - the -fact permit prior to doing so and that application needs to detail what
modifications you will be doing in order to meet County standards. The after - the -fact
permit fee is $300 (double original permit fee of $25 plus penalty fee of $250).
I have attached a copy of the Right of Way Use Permit Application, along with an
excerpt from Chapter 19 of the Monroe County Code of Ordinances and Standard Road
Detail R8.2 — Concrete Driveway specification. The full Code of Ordinances and a copy
of the Public Works Manual can be found on our website at:
http : / /www.inonroecount ref. ov /inde .asp ?nid =650 .
If you should have any questions or require any additional information, please feel free
to contact me by telephone at (305) 292 -4427 or by email at Erickson-
Breanne,@MonroeCounty-FL.gov
Sincerely,
3e�
Breanne Erickson
Sr. Engineering Technician
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Following items provided by Myra Allen
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Clarke- Judith
From: Ferda- Elaine
Sent: Tuesday, May 01, 2018 12:42 PM
To: Clarke- Judith; Erickson - Breanne
Subject: FW: Pictures
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From: Myra Allen [ rnailto :niyalli 27Z g rn il ,c ni
Sent: Tuesday, May 01, 2018 12:39 PM
To: Ferda- Elaine
Subject: Pictures
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Sent from my iPhone
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