Item O2BOARD OF COUNTY COMMISSIONERS
AGENDA 1TEM SUMMARY
Meeting Date: May 18, 2011 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning and Env. Resources
Staff Contact/Phone #: Tiffany Stankiewicz 289 -2513
Michael Roberts 289 -2502
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Michelle
Deluca on Lot 16, Block 8, Sunrise Point Addition Arad., Key Largo, Real Estate Number 00484290.000300.
ITEM BACKGROUND: A building permit was applied for on 12/16/2005 and a ROGO application was
applied for on 111312006. The applicant applied for administrative relief on 11/30/2010 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.
The property is not on the list for re- consideration of a tier designation The property is not on the FEMA
Injunction List. As of Quarter 2 Year 19 this application's market rate ranking was 131 out of 167 applications
in the Upper Keys subarea. The application will continue to earn perseverance points pursuant to the vesting
provision for applications in the ROGO system prior to the effective date of Ordinance 09 -2006. After the
application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year
thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application
to increase points through land dedication or purchasing points.
PREVIOUS RELEVANT BOCC ACTION: NIA
CONTRACT /AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation.
TOTAL COST: N/A INDIRECT COST: NIA BUDGETED: Yes NIA No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: NIA SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
�" 1
IN,
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caging, Professional and fair
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To: Monroe County Board of County Commissioners
From: Tiffany Stankiewicz, Development Administrator
Michael Roberts, CEP; PWS, Sr. Administrator Environmental Resources
Through: Townley Schwab, Director of Planning & Environmental Resources
Date: April 18, 2011
Subject: Request for Administrative Relief for Deluca
Lot 16, Block 8,Sunrise Point Addition Amd., Key Largo, Real Estate
No. 00484290.000300
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 fast sixteen consecutive quarterly
allocations and has not received an allocation award.
Date Entered ROGO: 1/13/2006
Date Entered Administrative Relief: 11/30/2010
Tier Score: 38
Tier 3: 30
Perseverance: 4
Flood Zone VE: -4
This application was ranked #131 in Quarter 1 Year 19.
II. CURRENT CONDITIONS
Location: Lot 16, Block 8, Sunrise Point Addition Amd., Key Largo, Real Estate No.
00484290.000300
Owner: Michelle Deluca
Land Use District: Improved Subdivision (IS)
ApplicantlAgent: Gay Marie Smith
FLUM: Residential Medium (RM)
Tier: 3
Page 1 of Z
05306819
Reviewed by
Property is not on the FEMA Injunction list.
2010: Taxable Value: $75000 Purchase Price in No sale history for parcel.: $
III. LEGAL ELIGIBILrry 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 the applicant has not expressed a desire to sell the property to the
County.
Relief Options under Administrative Relief:
The remedies available to the Board of County Commissioners for Administrative Relief
pursuant to Section 138 -27(f) include:
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
adopted that establishes this relief awarding one (1) ROGO allocation in the next quarterly
ROGO allocation period which closes 711212011, or a succeeding quarterly allocation period in
which administrative relief allocations are available.
Page 2 of 2 Reviewed by
05368 1 9
RESOLUTION NO. —2011
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
MICHELLE DELUCA ON PROPERTY DESCRIBED AS
LOT 16, BLOCK 8, SUNRISE POINT ADDITION AMD.,
KEY LARGO, RE # 00484290.000300 IN THE FORM OF
ONE (1) DWELLING UNIT ALLOCATION AWARD.
REAS, Michelle Deluca 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 Michelle Deluca is for Lot
16, Block 8, Sunrise Point Addition Amd., Key Largo in Monroe
County, Florida having RE# 00484290.000300.
2. The date of the ROGO application is 1/13/2006.
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 11/30/2010, 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.
ADm Nisi ATm RELmF RmownoN Page 1 of 2
RE# 004842%,(X)0300
0530681
S. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Sunrise Point Addition Amd.
Subdivision and is located in a Tier 3 designated area.
r !f f
Administrative relief is granted to Michelle Deluca, for Lot 16, Block S, Sunrise Point
Addition Amd., 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 7/12/2011 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 1 8th day of May 2011.
Mayor Heather Carruthers
Mayor Pro Tem, David Rice
Commissioner Sylvia x. Murphy
Commissioner George Neugent
Commissioner Kim Wigington
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M
ADMNMRATr,m RELMF RHS UMON
05301 8 19
R
! , NOW
Page 2 of 2
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C(DYL: 0 aserro
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Environmental Resources
This map is for use by the
Monroe County Growth
Management Dhiislon only
The data contained herein
is not a legal rapesentation
of boundaries, parcels, roads
right of ways or other
geographical data
Pr"-Qd by J Vemb
gnat
Jon
Property Search -- Monroe Co=unty Property Appraiser Page I of 3
http://www.mepafl.org/PropSearch.aspx 4/11/2011
FrODertV 6earch -- ziio . . I - —
Land Use Code Frontage Depth Land Area
M I OC - RESIDENTIAL CANAL 60 125 6,250.00 SF
Parcel Value History
Certified Roll Values.
http://www.mepafl.org/PropSearch.aspx 4/11/2011
Parcel Map
Page 3 of 3
Roll
Year
Total Bldg
Value
Total Mae
Improvement Value
Total Land
Value
Total Just
(Market) Value
Total Assessed
Value
School
Exempt Value
School Taxable
Value
2010
0
0
75,000
75,000
75,000
0
75,000
2009
0
0
118,750
118,750
118,750
0
118,750
2008
0
0
156,250
156,250
156..250
0
156,250
2007
0
0
156,250
156,250
156,250
0
156,250
2006
0
0
156,250
156,250
156,250
0
156250
2005
0
0
45,000
45,000
45,000
0
45000
There are no sales to display for this parcel.
This page has been visited 10,956 times.
Monroe County Property Appraiser
Ervin A. Higgs, CFA
P.O. Box 1176
Key West, FL 33041-1176
riittp://www.mepafl.org/PropSearch.aspx 4/11/2011
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Requirements for Administrative Relief:
f
d r f ur 4 co ve a in
(l) If an applicant for an allocation t ward: l said t may apply to
app
a Whose application bd
r t't l *fin stn and fails to receive an allocation award, federal
the board for administrative relief pursuant to the terms and c° rein; and
b. Whose propo development otherwise meets all applicable nditions set forth he county, state,
regulations; and Le.. vrifhdraWn and stem; and
c• Whose allocation application has .-
d. Who has
complied os proc edures for admsn straPvenrelief contained in the land development with all requir
e.
regulations. b the Director of
cation for administrative relief shall be made on a form prescribed y cI f e
(2) An appli be fled with the Director of l
Planning i 1 4 da f I i
Planning and may r a er
ate
3 Upon filing of an application d in strati relev l ent files Dtam records a rel t to the s }act
relating o the ( }es shall forward to the app lication shall event a waiver of any rights under this section to
Resourc
has been taken by ft county without payment of just compensation
applications• Failure to five an aPP
assert that the subject Prc it allocation system
as a result of the dwelling an d hold a Public
(4) Upon receipt of an application for administrative relief, the bashall a
hearing at which t °nom ime the app will be given an Opportunity
valuation ranking,
review the relevant applications and applicable e and review o
m ntary
{5} The board mays and others as may be necessary and hear testimony
from county a pplicant- evidence submitted by the app actions pursuant to the oe Countboard may take the following 101.6.1
(6) At the conclusion of the public
Code Section 13 heari ) and Monry Comprehensive Plan Policy
hearing,
Monroe County Commissioners
and Policy 101.6.5: & fire property- at fair market value as the Board of Cotmry
Offer t purchase is located within:
preferred action if the property
i. a designated Tier 1 area; No Name Key)' ii. a designated Tier 11 area (Big Pine Key "Fair
iii. a designated Tier Ill -A area (Special Protection Areal or
iv. adesign ad valorem valuation in the
designated Tier III area on a non•waterfront lot suitable for affordable housing
market value" shall be an � Tax roll for the Years1992 nable economic
Monroe County Real Property of the property- Minimum reaso was buildable
b, Permit the minimum
residentially zoned lot of record, which
reasonable economic use no less than asingle- family residence of the Plan, use' means; as applied to any
immediately prior to the effective be ne�ss� end appropriate.
C. Suggest such other relief as may be awarded
Per uarter: The number of ailocations that pecent of the total
(7) Limits on administrative allocations o quarter shall be no more than f "�Vlocations in excess of
under administrative relief in any s ubarea. Any r for that
quarter the or quarters until the number of such
available market rate ded into the succeeding q allocations available in a quarter be
fifty percent shall be exten
allocations is fifty Percent or less of the total number of market rate allocations available to
awarded. for the granting of a ROGO
(g) Refusal of the purchase offer by the property owner shall not be grounds
allocation award.
NT PROPERTY RECORD CARD, $) COPY OF TIC
ATTA CHMENT : I }COPY OF CURRENT Page l of 2
lief Res. d tial hcation July 9 20 f O.doc
'4
Applicants Initial and date.
RECORDED DEED OF THE SUBJECT PROPERTY AND 3) A VEGETATION SURVEY DATED
WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL, IF YOU HAVE
QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION
PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT.
Property Owner's Name:
(Lobbyist Registration required for btoimas antiti®
Property Owner's complete mailing address: Fl
_ 33037
Phone: 609 -- 602 --9974 Fax:
Agent's Name: Gay Marie Smith
(Requinsd for agents are agent authorization for the ROGO Applirauon from all property owners end Lobbyist Registration)
Agent's complete mailing address: PO B 1638 T avern ier r FL 3 3070
Phone: 305-45-L--2675 Fax 305- 451 -2675
(Please attach a notarized statement authorizing representation of this application by all property owners.
The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent you)
to represent my property for this application for Administrative Relief'
PROPERTY DESCRIPTION:: Lot 6 Block 8 ® Subdivision Plat Su nrise Point
Key (island): _Largo Street: Grouper L ahm 98tE: 00484290 OO
lfinetes and bounds, attach legal description on separate sheet.
Building Permit Application #: 05-3-6819
Date of most recent ROGO application: ja_nilary 13, 2006
What kind ofadministrative relief are you seeking ? _ Pr® r Y :Owner has beers i n system for 4
l .
TO BE COMPLETED BY STAFF- DATE:
PQ, DAWN BENDER a
f', Nolary Public - Stale of Florida
° My Comm. Expires Dec 17 2012
A;•' Commission # DD 848342
Bonded iluough Naltonal Nolary Assn.
ROGO APPLICATION
Page 2 of 2
A Relitfltesi ential pplicationJuly92010.doc
Applicants Initial and date:
Date: iL
I WMAI
f oil
� L,iZL
Michole Niluca
Date. //�
I r J • -!
•
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.
r10TARY:
STATE OF FLORIDA
f M zit 2
The foregoing instrument was acknowledged re me thisdSday of4ulp2010
by Mat Jones who is personally known produced identification
�} vm, (I c�&,j it- Type of Identffication) o%W11111111f/I
lid/did not takean oath.
NEW APPLICATION FORM:
PROPOSED TIER 3
MONROE COUNTY PLANNING DEPARTMENT
APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION
Marathon: (305) 289-2500 Plantation Key: (305) 852 -7100
Application Fee: $430 .00 (NOAPP FEE FOR AFFORDABLE HOUSING)
PLEASE PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD, IF YOU HAVE QUESTIONS
OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE
GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ONCE THIS APPLICATION IS
ACCEPTED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEW
APPLICATION IS SUBMITTED.
Owners) Name: Michelle Deluca ph, (W) 61 9 -1 087 (H)
Mailing Address: PO Box 8 645
City: Key Largo State: F L Zip : 33037
Agent's Name: Gay Marie Smith
Mailing Address: PO Box 1638
PROPERTY DESCRIPTION: Lot 16 Block
Ph. (W)___ -267 (H)
City:T State: Zip: 33070
8 Subdivision Amd Plat Sunrise Pi ,a
Key: Larg Street: Grouper Lane MM 95 RE 00484290.00030
If metes and bounds, attach legal descrlption on separate sheet
NUMBER OF UNITS: Mobile Home :_ House: XXRV: Live-aboard: Others:
Check Yes o No. If yes, then attach the requested documents:
Yes _ No The project is combining contiguous lots in a legally platted subdivision with wrater, electricity of a tY� and paved
roads or Is otherwise below density. Please attach a ro copy proposed restrictive covenant limiting the
number of units on the
property and running in favor of and enforceable by the County.
Yes , No ]/The units) will be affordable housing. Attachment required is a current affordable housing approval from
the Planning Departmenl.
Yes _ No "she proposal includes dedication of vacant, buildable land located In areas proposed for acquisition.
Attachments required with this Application are: 1) letter from the Biologist stating the property is
dedicateabie, 2) proof of ownership, 3) copy of title insurance, 4) proposed WARRANTY DEED(S)
(Quit Claim Deeds will not be accepted), and 5) land dedications must be in the same ownership as the
owner listed above unless the applicant has an approved land dedication certificate. Please list the RE:'(s)
of the land to be dedicated:
�Wtsu V IF
Yes _ Na Transfer of ROGO Exemptions {TRE's) are being utti¢ed in the de eiop ant of atta iin unit-
Attachment required. The applicant must submit a copy or a certo mE
Order approving the TRE's for this project TRE's is/ to r
9112005
*I.
Page 1 of I
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Mail office about AK: 9080271
Linnu LOCLU115
LAND USE CODE LAND AREA
M10C - RESMENTIAL CANAL 7500SF
rarcei vame nistory
TAX ROLL YEAR WELDING MISCELLANEOUS LAND JUST EXEMPTIONS (NOT TAXABLI
IMPROVEMENTS INCLUDING SENIORS)
205 s ,000 45M0 0 4
E Parcel Sales History
There are no sales for this parcel.
View Tax Collector Record
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