Resolution 162-1998
County Attorney
RESOLUTION NO. 162,.,1998
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 JAQUAUNE M. ANDRADE-HAMLIN
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, the matter of Jaqualine M. Andrade-Hamlin for determination of vested rights
was originally heard on March 17,1998, by Mr. Randy Sadtler, designated Vested Rights
Hearing Officer, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
1. In December 1996, Mrs. Jaqualine M. Andrade-Hamlin filed a Vested Rights
Application in order to complete the construction of a permitted four unit residential s1Tucture in
Key Largo (Permit t...Jo. 90-3-407).
2. Construction was delayed due to her divorce proceedings during which time
records and documents related to the project were temporarily unavailable.
3. Mrs. Hamlin relocated to North Carolina, and she was not notified of the date,
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time and location of her Vested Rights Hearing due to postal delivery proble;s ~at@ tcphe
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annexation of her community. C'")' ~ '" .."
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4. Mrs. Hamlin first became aware of the Vested Rights Hearing ~~h~ceOred
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the Recommended Order pursuant to timothy McGarry's cover letter dat~ !\firc~24~998
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(attached). The Applicant was unable to attend the Vested Rights Hearing due to the lack of
notification, but has additional information concerning the ~'state of construction and the
current status of the site" that should be considered. Recommended Order, Paragraph 3. The
Hearing Officer requested this additional information and recommended that his Order be
"without prejudice to supplement the Application with additional exhibits." Recommended
Order, Paragraph 4.
5. Pursuant to Paragraph 4 of the Hearing Officer's Recornmended Order, this item
will be remanded back to the Hearing Officer to afford the Applicant the opportunity to
provide the supplemental documentation requested by the Hearing Officer.
6. The Applicant shall have 60 days from the date of this Order to supplement the
Vested Rights Application with any additional exhibits and information.
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.
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BY~~~
Depu y Cler
BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY, FLORIDA
~-
Mayor/Chairman
jvrreshamlin
*CDUNTY ATTORNEY*
TEL:305-292-3516
Apr 07.98
16:45 No.~l~ P.04
RPR 07 '98 ~:S4PM
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Mn. JaquaUne M Andrade-Hamlin
20321 IIland (oRn Orive
Davidloa. Nonh Carolina 28036-9402
RE. Recommended Vuted Rishu Or.~~I'$.
Dear M~, Andmde-HamtLD
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Marcb 24, 1998
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Pleue tlnd enclosed i copy ofRo~lDII1ended Otdtrt from the Hearing Officer pertaining to your
~ppUcatioD for Vesred Rigbts.
Tho County Anoraey', office will place this item on the agenda of the ne1d regularly Icbeduled
meeting of the: Monroe COUDty Board of C'OI.Jt1ty Commiu\on.ar5 That meeungil fch"duled for
AprilS. 1998. in Key Wen, Florida
Should you hive ;in)' question3, pleue contactthc Coun,tV Attomey's otlice at (305) 292.~471,
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Timothy j M G
Direotor of P
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Enclosuro
cc: James T Hendnck, COUl'lY ."ttomey
Roben L Hmnm. Diroc;tOf nt' Growth ManagemeJ1l
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BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICA nON OF:
Jaqualine M Andrade.
I
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 hislher attorney, if any, makes the
following findings offact and conclusions of law:
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 application, as submitted, references additional documents, which would be submitted
subsequent to filing of the application;
3. Permit number 90-3-407 was issued for the construction of a four unit structure on the subject
property however there is no evidence provided indicating the state of construction and the current status of
the site;
4. It is the recommendation that the application be denied without prejudice to supplement the
application with additional exhibits.
DONE AND ORDERED at Marathon, Monroe County, Florida this
K~ ,1998.
d day of
~e
FBN 377163
Vested Rights Hearing Officer