Loading...
Item P03 Board of County Commissioners AGENDA ITEM SUMMARY Meeting Date: July 26, 2000 Division: County Attorney AGENDA ITEM WORDING: Request by James and Margaret Sprague and Rudolph and Roseann Krause to purchase property at the end of Johnson Street on Ramrod Key. ITEM BACKGROUND: The Sprague's initially asked to abandon the end of Johnson Street. However, the 25 foot width of land between their property and the Krause's was determined to not be a part of the right-of-way. Since it is not dedicated as a right-of-way, the property owners request approval to purchase it. PREVIOUS RELEVANT BOCC ACTION: None. STAFF RECOMMENDATION: , Approval recommended by Fire DepartmenCEngineering Department, County Attorney's Office. Denial recommended by Planning Depttment. , / BUDGETED: Yes No TOTAL COST: 0 Cost to County: 0 APPROVED BY: County Attorney x OMS/Purchasing Risk Management DIVISION !>IRECfOR APPROVA~ ~? DOCUMENTATION: Included To Follow Not required AGENDA ITEM # I-P3 06/30/2000 14:28 60959716E16 MAIL BOXES ETC lWle 29.2000 Suzanne Hutton, Assistant County Attorney 502 Whitehead Street Courthouse Annex, 300 Floor Key West, Fl33040 m; p~hase of county property Dear Ms. Hutton csq.. Not withstanding the decision of the planning department, we would like to be put on the Board of<Aunty Commissioners July agenda for the purchase of the county owned property abutting our home. PAGE Ell ~.~- 06/30/2000 14:28 6095971606 MAIL BOXES ETC PAGE 02 ::L June 30,2000 o)k: ~ To: Marlene Conaway, Director ofPlanniog re: property at Bayshore Drive ~hU/JQI Q/J;01fll.W~ It:lJer dqted..13 JUIIt; 2DJJ!J. 1. Jeanette Hobbs, biologist state~ "kayaks could currently be launched in this spot." I was always led to believe that the existing foliage along the water was never to be leveled, especially the mangroves mentioned in the report. Ms. Hobbs also addressed the obvious lack of parIdng and effect on privacy of adjoining homeowners. (22 June 2000) 2. Pat Small, Compo Planner states, "site has clearly articulated path to shoreline"- "access to shoreline appeared quite good"- "access is likely being maintained"- "shade along the path made this one of the nicer walks in Keys"- "exceptional view of Gulf." AU of the above are due to my following, to the letter. directions given to me by the county in 1981. I was told to "clear the Icngth of the property and maintain it for at least 10 years. Keep it clear of debris etc.. and..we'11 abandon the land and put it on your r taxes. " .J Pat Small also states, "adjacent property appe;ks built within marginal setback from property line." The house wasaIJowed to ~uiIt (1 966?) ignoring setback regulations. ,The house is only a couple of feet from the~,Jine, therefore making it a "non~conforming dwelling. .. Erection of a fence along thc property line would makc it impossiblc to maintain that side of my house. I have obviously held up my end of the deal with Monroe County, keeping the property cleared evcn after the latest hurricane that created quite a mess. A large 20-25 ft seagrape tree on the county property blew over into my house, ripping the stonn shutters from the windows and gouging the stucco on the wall. My ioslUlUlCC didn't cover the damage. plus I had to hire a crew to remove the tree from my homc. 8ut r did promise the county to keep the property cleared. so you never heard a word from mc. Now here we are, almost 20 years stlll keeping the land cleared. having gone through numerous administrations, and laws governing this piece of property that have changed so many times tbat (sometimes think they're for my special benefit. Wc've gone from land abandonment, to land' access and purchase, and now to Public Park with fencing. 06/30/2000 14:28 6095971606 MAIL BOXES ETe PAGE 03 ........ Sometimes the workings of government truly amue me, especially in this case. Our neighborhood already has a park and swimming hole down the end of our street. The clientele is usually derelicts and drunks who stay overnight and fiighten away the decent people. There is also quite a problem with trash and no facility for a toilet, thereby creating a rather nasty situation. Now, instead of selling a 25 ft. wide parcel to a person who the county went back on their original word with. they instead plan yet another spot for our ""scenery deprive. " Oh yes, lets not forget the small items of fencing and absolutely no parking. Hey. maybe I could interest you in my house. Tt has parking and bathroom facilities. Maybe the Park Ranger could live there. Your trusted Groundskeeper. ~y~ r; .- James J. Sprague 416 Bayshore Drive Ramrod Key, Fl. 33042 , "... / ./ { County of Monroe Department of Plannin2 and Environmental ResoUrces 2798 Overseas Highway Suite #410 Marathon, Florida 33050 Voice: (305) 289 2500 FAX: (305) 2892536 Board of County Commissionen Mayor Shirley Freeman, District 3 Mayor Pro Tern George Neugent, Dist2 Wilbf!lmina Harvey, District 1 Nora Williams, District 4 Mary Kay Reich. District 5 June 23, 2000 /(:J TRJ 'Ii' W ~ I: Ie\.. \ <,2 ,_~ ,!J, \ . \ ! JUN 2 7 2000 James and Margaret Sprague 416 Bayshore Drive Ramrod Key, FL 33042 Dear Mr. And Mrs. Sprague: At your request, the Planning Department has reevaluated your request to acquire the County owned land adjacent to your property in Silver Shores Estates. A County Planner and County Biologist have both visited the site and analyzed the potential use of the County land as an access point to the beach or shoreline (memos attached). We have determined that this property has the potential of being used as a point of public access. Goal 213 of the 20 10 Comprehensive Plan states that Monroe County shall ensure adequate public access to the beach or shoreline. The Plan goes on to direct the County to complete a Public Access Plan estimating the existing access and the public need for additional access facilities. The plan will be prepared as part of the LivableCommuniKeys plarming process, which we will be beginning this year for several of the island communities. The analysis will be done for all currently owned County lands that terminate on the shoreline to determine if the sites should be developed and maintained as public access points. In areas without adequate access points, acquisition of sites will be recommended. Areas determined to be unneeded will then, possibly, b(f.ivailable for purchase by neighboring property owners. The Florida Coastal Zone Protection Act of 1985 confaini requirements for public access. Locally, there is community support for accesses to public shorelines and communitj dismay when the County does not maintain potential access sites. The proposed Public Access Plan will give the Geunty a decision making tool as to which public lands should be maintained in public ownership. ' I will contact Public Works with your concern of the current unrestricted access to the County property. I am sony I am unable to support your request at this time. Sincerely yours, ;(~ rL; K. Marlene Conaway cc. Timothy McGarry, Director of Growth Management Suzanne A Hutton, Assistant County Attorney Carlos Zarate, ., Facilities Maintenance MEMORANDUM :::.. --~0_T~~)4l' tit) ~~ ~~_ 1')1 ~ ~ ....4. .......... TO: FROM: RE: DATE: Marlene Conaway, Director of Planning and Env. Resources J!/L .. Pat Small, Compo Planner \" r Property at Bayshore Dr. and Johnson St., Ramrod Key June 23, 2000 On June 21st I made a site visit out to the County owned property adjacent to 416 Bayshore Drive, Ramrod Key, to: .:. assess accessibility to the site, .:. assess whether access appeared to be maintained or used, .:. photograph the existing conditions, .:. evaluate the County owned property as it relates to 416 Bayshore Drive, and .:. assess how the 2010 Comprehensive Plan applies to the county owned property. I found that the site has a clearly articulated path out to the shoreline from the end of Johnson Street The access point Itself.iS to the left of the right-of-way (ROW) when approaching from Johnson Street that places the county owned property In the intended Johnson Street ROW. l I Although I found a sign marking IINo Ttespassing" and a rope preventing access Into the county owned property, access to"the shoreline appeared to be quite good as demonstrated In the photos. Access is likely being maintained since there was no overgrowth on the path. The shade provided by the canopy of trees along the path to the shoreline made this one of the nicer walks I have taken in the Keys with an exceptional view out onto the Gulf. The adjacent property or 416 Bayshore Drive appears to have a house and a gazebo built within a marginal setback from the property line. I would suspect that given the existing conditions, any public use of the county owned property would Impact the privacy of the residents of 416 Bayshore Drive. Goal 213 of the Monroe County Year 2010 Comprehensive Plan directs the county to ensure adequate public access to beaches and shorelines. Objective 213.1 directs the county to increase the amount of public access to beaches or shorelines consistent with public need and environmental constraints. Therefore, in my estimation, it would be in the interest of the county to maintain this land and enhance access to the water. As mitigation I would suggest that either the county or the adjacent property owner install a fence to clearly demarcate the property line to prevent users of the county property from unknowingly trespassing on the adjacent property. Photo I. Access to the county owned property from Johnson Street and Bayshore Drive. Note the access on the right to 416 Bayshore Drive. Photo 2. Looking down access towards the shoreline on county owned property. Photo 3. Proximity of adjacent property to county owned property. Photo 4. View and direct access to shoreline. County of Monroe Deoartment of Planninl! and Environmental Resources 2798 Overseas Highway, Suite 430 Marathon, Rorida 33050-2227 Voice: (305) 289 2537 FAX: (305) 289 2536 lHobbs@mail.state.fl.us .../.~;-~:(i57~ I~X: ---..!.:/~ I,; L ~/'v\ !IJ ~. \~\\. ,\-,.._w '2~ , v:::-..~. .'. / I, \~ ~ :;::.; /. i ~- ~=.. --- A -~ Board of County Commissioners Mayor Shirley Freeman. Dist. 3 Mayor Pro Tem George Neugent, Dist. 2 Commissioner Wilhelmina Harvey, Dist. 1 Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, DiSL 5 To: K. Marlene Conaway, Director of Planning and Environmental Resources From: Jeanette Hobbs, BiOlogist/- Date: June 22, 2000 Ref: County property, end of Johnson St., Ramrod Key. RE#00114100-000100 At your request, a site visit was made on this date the above-referenced County property. The narrow property has a cleared corridor from the end of the pavement on Johnson St. all the way to Niles Channel. The shoreline along Niles Channel is limestone karst and is vegetated with small buttonwood trees, red, black, and white mangroves, and herbaceous wetland vegetation (Borrichea frutescens, Sa/icomia spp., and Monanthoch/oe Jittora/is). The water along the shoreline is shallow for some distance out and this would not be an appropriate place for motorized watercraft access; however, kayaks could currently be launched in this spot. ".: This site could certainly be used for water accEfss by the public. Any future improvements to the site would need to address lack of adeqtJate parking and the privacy of the adjacent homeowners (due to the narrowness of the r;>(operty). cc: Ralph Gouldy, Senior Administrator, Environmental Resources O~~Y~O?~~E (305) 294-4641 ".... -- .-......-.. , BOARD OF COUNTY COMMISSIONERS Wilhelmina Harvey, District 1 MAYOR Shirley Freeman, District 3 MAYOR PRO TEM George Neugent, District 2 Mary Kay Reich, District 5 Nora Williams, District 4 FIRE MARSHAL'S OFFICE Marathon Gov't Annex Bldg. 490 - 63'd St., Ocean, Ste. 160 Marathon, FL 33050 (305) 289-6010 (305) 289-60 13 FAX f ""'1'5! ~ Jl 'ilJ7 ~ , NOV 3 0 1999 j INTEROFFICE MEMORANDUM DATE: November 29, 1999 TO: Suzanne A. Hutton, Assistant Coun FROM: J.G. "Joe" London, Fire Marshal SUBJECT: ROAD INSPECTION: End of Johnson Street, Ramrod Key/Sprague The Monroe County Fire Marshal's Office has reviewed the above referenced proposed purchase of county- owned property. The Fire Marshal's Office has no objectiol)1o the purchase and/or abandonment of this property from the county. , , If the Fire Marshal's Office can be of any additionafcassistance in this matter, please contact our office. / cc: William D. Surina, Assistant Fire Marshal @RoadAbdn/RoadAbdn/mw7.0 MONROE COUNTY FIRE MARSHAL'S OFFICE MEMORANDUM DATE: December 27, 1999 w~:~~::~ TO: Suzanne Hutton Assistant County Attorney FROM: David S. Koppel d~iJ County Engineer!Y' RE: Property at the end of Johnson StreetlRamrod Key In response to your memo dated November 10, 1999 regarding the purchase of property at the referenced location, this department has no objection to the purchase. Although this property was dedicated for road purposes it does not appear that this ever occurred. This sale would benefit the County, not only by revenue received by the County for the purchase, but also the taxes that would be generated year after year by the return.Dfthis property to the tax rolls. If you should have any questions, feel free to call ~e. ! / DSK:sb