Resolution 161-1998
RESOLUTION NO. 161 -1998
County Attorney
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, EVIDENCING THE BOARD'S APPROVAL SUBJECT TO CERTAIN
SPECIFIED REVISIONS, OF A RECOMMENDED ORDER OF DETERMINATION
OF VESTED RIGHTS PROMULGATED BY THE VESTED RIGHTS HEARING
OFFICER, IN RE: THE APPLICATION OF AMERICAN HARDBOARD NU PLY
CORPORATION
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, development applications "in the pipeline" as of January 4, 1996 are
subject to a determination of vested rights pursuant to Policy 101,18,1 of the Plan; and
WHEREAS, a hearing on the application of American Hardboard; Nu Ply Corp. for
determination of vested rights was scheduled before the County's Vested Rights Hearing
Officer, Mr. Randy Sadtler, Esq., but Applicant failed to appear; and
WHEREAS, pursuant to a review of the application and attached exhibits, the
Hearing Officer promulgated on March 17, 1998 an Order regarding that application for
determination of vested rights; and
WHEREAS, Paragraph 4 of the Order invites the Applicant to proceed "as an
application for vesting under Chapter 380, Florida Statutes, pursuant to Policy
lO1.18.2(2)(a)(2), Monroe County Year 2010 Comprehensive Plan," but said policy does
not authorize a property owner either to circumvent the deadline set fsrh in Policy
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101.18.1 nor does it establish an entitlement to a vested rights determinatio~d IJlel~
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF Mo~~iC~NT~
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FLORIDA: f>' PI N .;g
The Findings of Fact set forth in Paragraphs 1 - 3 of the Recommended Order of the
Vested Rights Hearing Officer are approved. Paragraph 4 of the Recommended Order is
disapproved, and the application is DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 8th day of April, 1998,
Mayor Jack London
Commissioner Keith Douglass
_.:.......<:ommissioner Shirley Freeman
'~.c;ort:lmissioner Wilhelmina Harvey
. ..' . ~ c;~. issioner Mary Kay Reich
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\; \- ~:~: d't f L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, FLORIDA
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Mayor/Chairman
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BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
American Hardboard and Nu Ply Corporation.
/
This cause came on to be heard by the Vested Rights Hearing Officer, who, after having reviewed
the application and exhibits, heard oral presentation of the Applicant and his/her attorney, if any, makes the
following findings offact and conclusions oflaw:
FINDINGS OF FACT
1. The Applicant elected not to attend the hearing in this cause and, accordingly, this determination
is based on a review of the application and attached exhibits;
2. The Applicant appears to rely on the zoning of the subject parcel as a basis for vesting, which is
specifically excluded by the Plan as a basis upon which vesting may be granted, Monroe County Year 2010
Comprehensive Plan 9101.18.2 (a) (1);
3, The remaining exhibits do not appear to constitute a County approval upon which the applicant
could rely;
4, It is the recommendation that the application be denied without prejudice to supplement the
application with additional exhibits or to proceed as an application for vesting under chapter 380, Florida
statutes, pursuant to Policy 101. 18,2(2)(a)(2), Monroe County Year 2010 Comprehensive Plan,
DONE AND ORDERED at Marathon, Monroe County, Florida this / ~ay of
#6J,1998.
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FBN 377163
Vested Rights Hearing Officer