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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, :r 0 \D :!J time and location of her Vested Rights Hearing due to postal delivery proble;s ~at@ tcphe - ~ ~;: ""0 ,.,., -r--- _ _ fTI;:ll;;-C- - annexation of her community. C'")' ~ '" .." o C'"). ClO-- c::: - '-' ::z::::tJ ~ :::0 4. Mrs. Hamlin first became aware of the Vested Rights Hearing ~~h~ceOred . :""f::C C5 lT1 ..." ::. .. ('"") the Recommended Order pursuant to timothy McGarry's cover letter dat~ !\firc~24~998 . N 0 (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. yes yes yes yes yes 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 50.'" 1:":" sE.. 3. . ;,-,.'-(1tj.-Qi; '~"':rt',1"I t .' '~I :' ~. <t ,. ,!.~, :>~, ~ ~ ~. :. e ~ ? . 2 I ,);: . ... ~ 4' Y.,o4 County of Monroe rJlPGlIIf DeDarunC1l1 2 ':'94 Otux.. HiJh~Y Switlll .. to M.ra&Mn. florida llOSt) Voi,c: (lOS) 18fll251)1I FAX (JOS) n, 15'6 HUArd 0( ~OIIDtv COlftlllluiQl1e'" MAYM ;," LoaWoA. DI.t 2 Mllyor PN ,T_ WUh.lIN~ Huv4r. 01&:1. 1 COIM\iUiOCltClCturltv Fr-crnan. Dilt 3 CtXt\Mi.ui""cr Keith Dour...., bitt ~ (~ornm.i.,ioncr Mary Kay R..,ch, (M S .....:......:. .,.... .- - ..~; .,~( . 'v . " Ii. ,. Mn. JaquaUne M Andrade-Hamlin 20321 IIland (oRn Orive Davidloa. Nonh Carolina 28036-9402 RE. Recommended Vuted Rishu Or.~~I'$. Dear M~, Andmde-HamtLD '\. .... : ,~,~' " ~ :' .'~"~ . : ~;, . ' , . Marcb 24, 1998 ,,; ..':.. t, \' i ,..:....., \. .....:. ,'. . ....: 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, /"\ tJ.1~' :. Timothy j M G Direotor of P '" p Enclosuro cc: James T Hendnck, COUl'lY ."ttomey Roben L Hmnm. Diroc;tOf nt' Growth ManagemeJ1l i, 1, .A."I,......H_li.. (')t"", ....,.. " 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