Item I1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 20, 2013
Bulk Item: Yes X No
Division: Growth Management
Department: Planning and Environmental Resources
Staff Contact Person/Phone #: Susan Grimsley
289-2517
AGENDA ITEM WORDING: Approval of four resolutions providing for Administrative Relief for
John W. & Glenda Akins and John K. Akins R/S awarded at the public hearings on December 12,
2012 for parcels numbered 00310280-000000, 00310260-000000, 00310220-000000 and 00310240-
000000.
ITEM BACKGROUND: Public hearings were held on December 12, 2012 for administrative relief
pursuant to Sec. 138-27 of the Monroe County Code for four (4) parcels owned by John W. & Glenda
Akins and John K. Akins R/S numbered 00310280-000000, 00310260-000000, 00310220-000000 and
00310240-000000. The BOCC awarded additional points. These resolutions are to formalize and
memorialize the action taken on December 12, 2012
PREVIOUS RELEVANT BOCC ACTION:
December 12, 2012 — Public hearings for Administrative Relief for above parcels.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION:
AGENDA ITEM #
Revised 7/09
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WHEREAS, • t Glenda Akins and JohnAkins r submitted an
application for administrative relief under Sec. 138-27 of the Monroe County Land
DevelopmentRegulations;
WHEREAS,•, i of County• 4 # i # it the Administrative
Relief hearing to the December 12, 2012, meeting; and
Monro,*-
County Board of CountyCommissioners 4# Decemberand
WHEREAS, BOCC considered the staff report 4•# Development
Administrator Tiffany Stankiewicz; and Senior Administrator of Environmental
kesources Michael Roberts, along with the Exhibits A through V; and
and ITHEREAS, the applicant was notified of the hearing but was not in attendance;
reliance
WHEREAS, Mr. Banks Prevatt appeared as the authorized agent for Carlayne
Holloway and gave testimony on her behalf concerning 4# the points
published by the Planning Department on the Monroe County website ; and
WHEREAS,
the public
AmimsTRATwE RELmFoL o 20 2013 Page I of 3
3102 0M0000
07100485
TrZVq-!W AS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
1. The application for administrative relief from John W. & Glenda Akins
and John K. Akins R/S is for NLY 51.5 FT of Lot 26 and all Lot 27,
Block 1, Doctor's Arm Subdivision, Big Pine Key in Monroe County,
Florida having RE# 00310280.000000.
I
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 permit 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 1/9/2012, under
Section 138-27 of the MCC and Policy 101.6.1 of the 2010
Comprehensive Plan.
7. The relief requested was for the restoration of four (4) flood zone points
which had been deducted from the ROGO application two years after its
submittal, or a building permit allocation.
8. The BOCC does not have the authority to change the flood zone or flood
maps (Flood Insurance Rate Maps) which are determined by the Federal
Emergency Management Agency.
9. Monroe County Code Sec. 138-28(6) determines the scoring of ROGO
applications for the respective flood zones. The application was scored
with no negative points as though it was in an AE flood zone for a
period of two years, when the scoring was re -done to reflect the actual
location of the parcel and construction in a V zone, requmng a
deduction of 4 points.
10. Ms . Holloway relied on the ECHO rankings published as a result of the
Planning Commission resolutions for a period of two years during which
time she entered into a contract for deed with the applicant and
expended funds for the acquisition of the parcel.
11. The relief requested by the applicant(s) is necessary and appropriate.
ADmN=mnw RELMF REsoLunoN FEB 202013 Page 2 of 3
R1x 00310290.000000
07100485
12. 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.
13. The subject property has the land use district designation of Commercial
Fishing Special District 8 (CFSD 8), is located in the Doctors Arm
Subdivision and is located in a Tier 2 designated area.
(4. Monroe County Code (MCC) Section 138-27(f) states that in granting
administrative relief the Board may provide such other relief as may be
necessary and appropriate, and finds that the restoration of the flood
zone points is necessary and appropriate.
I 1 11 11.1 1 0
Mayor George Neugent
Mayor Pro Tern, Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
LS) will E110 :101 Weill lia I OR I 1 :161616 1 J
M-A
Mayor George Neugent
ATTEST: AMY HEAVILIN, CLERK
Mr��EY
C! - J
ADMIXISMATM RELIEF RESOLUTION 202013
RE# 00310280.000000
07100485
Page 3 of 3
WHEREAS, John W. & Glenda Akins and John K. Akins RIS submitted an
application for administrative relief under See. 138-27 of the Monroe County Land
Development Regulations; and
WHEREAS, prior to the September 21, 2012, Board of County Commissioners
meeting and public hearing, the County received documents that indicated Carlayne
Holloway has a contract for deed for the subject property as evidenced by a
Memorandum of Contract for Deed (see Monroe County Public Records Book 2404,
Page 842) and has an undetermined ownership interest in the subject property, but was
unable to attend the hearing; and
WHEREAS, the Board of County Commissioners continued the Administrative
Ikelief hearing to the December 12, 2012 meeting; and
WHEREAS, the matter was considered at a public hearing before the Monroe
County Board Of County Commissioners (BOCC) on December 12, 2012; and
WHEREAS, the BOCC considered the staff report from Development
Administrator Tiffany Stankiewicz and Senior Administrator of Environmntal
Resources eMichael Roberts, along with the Exhibits A through V; and
and WHEREAS, the applicant was notified of the heating but was not in attendance;
WHEREAS, Mr. Banks Prevatt appeared as the authorized agent for Carla
Holloway and gave testimony on her behalf concerning reliance on the points as
published by the Planning Department on the Monroe County website ; and
WHEREAS, the public had an opportunity to speak; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
AmmSTRAUVE RELMF RmLLmoN FEB 20 2013
RE# 00310260M0000 Page 1 of 3
07100483
1. The application for administrative relief from John W. & Glenda Akins and
John K. Akins R/S is for NLY 24 Ft of of 24, all Lot 25 and SLY 17 Ft Lot
26, Block 1, Doctor's Arm Subdivision, Big Pine Key in Monroe County,
Florida having RE# 00310260-000000.
2. The to of the ROGO application is 6/12/2007.
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(t) and may grant the applicant a
building permit 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 1/9/2012, under Section
138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan.
7. The relief requested was for the restoration of four (4) flood zone points
which had been deducted from the ROGO application two years after its
submittal, or a building pen -nit allocation.
8. The BOCC does not have the authority to change the flood zone or flood
maps (Flood Insurance to Maps) which are determined by the Federal
Emergency Management Agency.
9. Monroe County Code See. 138-28(6) determines the scoring of ROGO
applications for the respective flood zones. The application was scored with
no negative points as though it was in an AE flood zone for a period of two
years, when the scoring was re -done to reflect the actual location of the
parcel and construction in a V zone, requiring a deduction of 4 points.
10. Ms. Holloway relied on the ROGO rankings published as a result of the
Planning Commission resolutions for a period of two years during which
time she entered into a contract for deed with the applicant and expended
funds for the acquisition of the parcel,
If. The relief requested by the applicant(a) is necessary and appropriate.
12. 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.
13. The subject property has the land use district designation Of Commercial
Fishing Special District 8 (CFSD 8), is located in the Doctors Arm
Subdivision and is located in a it 2 designated area.
ADEIDENTRAlM RELIEF REsoLuTioN FEB 20 2013
RE# 00310260.000000 leat 2 of 3
07100483
14. Monroe County Code (MCC) Section 138-27(f) states that in granting
administrative relief the Board may provide such other relief as may be
necessary and appropriate, and finds that the restoration of the flood zone
points is necessary and appropriate.
EU IDIMNUITZ•
PASSED AND ADOPTED by the Board of County Commissioners of Monrol
County, Florida at a regular meeting held on the _ dayof Febnwy, 2011
Mayor George Neugent
Mayor Pro Tem, Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy ............
W3,3141094
10102#11
ADMMSMIEVE RFLEEF RESOLUMN FM 202013
RE# 00310260A0000
07100483
BY Mayor George �Neugent
t MOANPR'POREO" NA,TY OT F DRI
Data:L. NEY
Page 3 of 3
163MOIROM 9
U 91
I fly I I
WHEREAS, John W. & Glenda Akins and John K. Akins R/S submitted an
application for administrative relief under See. 138-27 of the Monroe County Land
Development Regulations; and
&M e To ati-en-a-TI-7 he
WHEREAS, the Board of County Commissioners continued the Administrative
Relief hearing to the December 12, 2012, meeting; and
WHEREAS, the BOCC considered the staff report from Development
Administrator Tiffany Stankiewicz and Senior Administrator of Environmental
Resources Michael Roberts, along with the Exhibits A through W; and
and WHEREAS, the applicant was notified of the hearing but was not in attendance;
WHEREAS, Mr. Banks Prevatt appeared as the . authorized agent for Carlayne
Holloway and gave testimony on her behalf concerning reliance on the points as
published by the Planning Department on the Monroe County website ; and
WHEREAS, the public had an opportunity to speak; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
ADMDUSTRATWE RELmF RFsownm FEB 20 2013
Jw# 00310220.000000
071N986
Page 1 of 3
1. The application for administrative relief from John W. & Glenda Akins
and John K. Akins R/S is for Lots 21 & 22, Block 1, Doctors Arm
Subdivision, Big Pine Key in Monroe County, Florida having RE#
00310220-000000.
2. The date of the ROGO application is 6/12/2007.
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.
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 gran)
administrative relief under Section 138-27(f) and may grant the
applicant a building permit 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 1/9/2012, under
Section 138-27 of the MCC and Policy 101.6.1 of the 2010
Comprehensive Plan.
7. The relief requested was for the restoration of four (4) flood zone points
which had been deducted from the ROGO application two years after its
submittal, or a building permit allocation.
8. The BOCC does not have the authority to change the flood zone or flood
maps (Flood Insurance Rate Maps) which are determined by the Federal
Emergency Management Agency.
t Monroe County Code Sec. 138-28(6) determines the scoring of ROGO
applications for the respective flood zones. The application was scored
with no negative points as though it was in an AE flood zone for a
period of two years, when the scoring was re done to reflect the actual
location of the parcel and construction in a V zone, requiring a
deduction of 4 points.
10. Ms . Holloway relied on the ROGO rankings published as a result of the
Planning Commission resolutions for a period of two years during which
time seentered into a contract for deed with the applicant and
expended funds for the acquisition of the parcel.
11. The relief requested by the applicant(s) is necessary and appropriate.
12. 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 enviromnental sensitivity of the vegetative habitat
on the lot and the applicable Tier designation.
ADmms'rRATIVE Raw REsOLUnON FEB 20 2013
RE# 00310220.000000 Page 2 of 3
07100486
13. The subject property has the land use district designation of Commercial
Fishing Special District 8 (CFSD 8), is located in the Doctors Arm
Subdivision and is located in a Tier 2 designated area.
CC 4. Monroe County Code (MCC) Section 138-27(f) states that in granting
administrative relief the Board may provide such other relief as may be
necessary and appropriate, and finds that the restoration of the flood
zone points is necessary and appropriate.
1-40W THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1 . Administrative relief is granted to John w. & Glenda Akins and John K. Akins
R/S, for Lots 21 & 22, Block 1, Doctor's Arm Subdivision, Big Pine Key in the
form of reinstatement of 4 points deducted for the flood zone of the parcel after
its al scoring was in place for a period of two years.
2. This resolution is retroactive to December 12, 2012.
PASSED AND ADOPTED by the.T.y*TpO6, 41f jkj JW�q -
County, Florida at a regular meeting held on the day of ELbrgga e
Mayor George Neugent
Mayor Pro Tem, Heather Carruthers
Commissioner Danny L. Kolhage
CommissionerDavid Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONE
OF MONROE COUNTY, FLORIDA I
BY
3ia-y-or George �Neugent
I
MONRO COUNTYA1____
AP -TORNEY
VED A TO FOAM
Date:
071OW6 i"
L20-VIMU) I
I IF
WHEREAS, John W. & Glenda Akins and John K. Akins R/S submitted an
application for administrative relief under See. 138-27 of the Monroe County Land
Development Regulations; and
WHEREAS, prior to the September 21, 2012, Board of County Commissioners
meeting and public hearing, the County received documents that indicated Carlayne
Holloway has a contract for deed for the subject property as evidenced by a
Memorandum of Contract for Deed (see Monroe County Public Records Book 2404,
Page 842) and has an undetermined ownership interest in the subject property, but was
unable to attend the hewing; and
WHEREAS, the Board Of County Commissioners continued the Administrative
Relief hearing to the December 12, 2012, meeting; and
WHEREAS, the BOCC considered the staff report from Development
Administrator Tiffany Stankiewicz and Senior Administrator of Environmental
Resources Michael Roberts.. along with the Exhibits A through V; and
ind WHEREAS, the applicant was notified of the hearing but was not in attendance;
WHEREAS, the Monroe County Board of County Commissioners makes the
fOIIOWm*g findings of fact andconclusions of law:
ADmmSTRATIW RELmF RmLunoN FEB, 202013
RE# 00310240,000000 Page I of3
07100479
I. The application for administrative relief from John W. & Glenda Akins
and John K. Akins R/S is for Lot 23 and SLY 26 Ft Lot 24, Block 1,
Doctor's Arm Subdivision, Big Pine Key in Monroe County, Florida
having RE# 00310240-000000.
2. The date of the ROGO application is 6/12/2007.
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.
Ar. 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 permit 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 1/9/2012, und
Section 138-27 of the MCC and Policy 101.6.1 of the 20
Comprehensive Plan.
7. The relief requested was for the restoration of four (4) flood zone poinj
which had been deducted from the ROGO application two years after
submittal, or a building permit allocation.
8. The BOCC does not have the authority to change the flood zone or floc
maps (Flood Insurance Rate Maps) which are determined by the Feder;
Emergency Management Agency.
9. Monroe County Code Sec. 138-28(6) determines the scoring of ROIJG
applications for the respective flood zones. The application was scorel
with no negative points as though it was in an AE flood zone for
period of two years, when the scoring was re -done to reflect the ac
location of the parcel and construction in a V zone, requiring
deduction of 4 points.
10. Ms. Holloway relied on the ROGO rankings published as a result of
Planning Commission resolutions for a period of two years durj�ng whii
time she entered into a contract for deed with the applicant
expended flands for the acquisition of the parcel. an]
11. The relief requested by the applicant(s) is necessary and appropriate.
12. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to b
used for determining lands that are appropriate for acquisition and
criteria includes the environmental sensitivity of the vegetative habi
on the lot and the applicable Tier designation.
ADMMTRATIVE RELmF R.EsuurioN FEB. 20 2013
RE# 00310240.000000 Page 2 of 3
07100479
13. The subject property has the land use district designation of Commercial
Fishing Special District 8 (CFSD 8), is located in the Doctors Arm
Subdivision and is located in a Tier 2 designated area.
k 4. Monroe County Code (MCC) Section 138-27(f) states that in granting
administrative relief the Board may provide such other relief as may be
necessary and appropriate, and finds that the restoration of the flood
zone points is necessary and appropriate.
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RE# 00310240.000000
07100479
IIN
Mayor George Neugent
Mayor Pro Terri, Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy — - ------
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Mayor George Neugent
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