Item L03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 18.2002
Bulk Item: Yes X No
Division:
Department:
Growth Mana~ement
Planning
AGENDA ITEM WORDING: Approval for one Restrictive Covenant from Frank Holtry to limit the floor area
ratio ofthe described property to a maximum of twenty-three percent (23%) for a period often (10) years.
ITEM BACKGROUND: On November 19, 2002 the Planning Commission approved an allocation award for the
applicant listed below provided the applicants' Restrictive Covenant is approved by the BOCC. Frank Holtry
submitted the Restrictive Covenant to Monroe County. The applicant is receiving a non-residential floor area
allocation award for the year ending July 13, 2002 and has filed the document in accordance with Ordinance No. 32-
2001.
PREVIOUS RELEVANT BOARD ACTION: On September 19,2001, the BOCC adopted Ordinance No. 032-
2001.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATION: Approval.
N/A
BUDGETED: Yes N/ A No
TOTAL COST:
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/ A Year
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County Atty l
DOCUMENTATION:
Included X
To Follow
Not Required
DISPOSITION:
AGENDA ITEM # Ll..:?
f
MEMORANDUM
TO:
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court J\~
Timothy J. McGarry, Growth Management Direc~'l
December 2, 2002
Clarification of Agenda Item
Land Dedications & Restrictive Covenant
Permit
Number
Name on
Agenda Item
Name on Legal
Warranty Deed or Description
Restrictive Covenant
96-1-1568
Frank Holtry
Frank Holtry
Lots 1 & 42, Block 1,
Cudjoe Ocean Shores,
Cudjoe Key.
This instrument prepared by:
Mr. Frank Holtry
701 Spanish Main Dr
#293
Cudjoe Key, FL 33042
INTENSITY REDUCTION RESTRICTIVE COVENANT
NON-RESIDENTIAL
1. WHEREAS tJ K- the undersigned is the sole
owner of the following described real property ocated in Monroe County, Florida,
described as follows:
Lot(s):
J of- '-I ~
Block: ---1
Subdivision: r Vi) ;rt> l. ~c. UtlJ '7 It D/l..r. ,
Key: ()t/b,r6 ~ PB oolC61300 ,OOOoJO
,
Real Estates Number(s): _ "DO/ C00-K J C) .. OCOO~ >_ '; and
I -
2. WHEREAS, an application for building permit # 9b J - J S- 68 for the
construction of a commercial building on the above described parcel has been
submitted to the Monroe County Building Department; and
3. WHEREAS, Suburban Commercial (SC) Land Use District allows the construction
of office space/storage; and
4. NOW, THEREFORE, the undersigned agree as follows:
· The above described non-residential structure is permitted as a commercial
building, and upon completion of the structure and final approved inspections
will receive a Certificate of Occupancy for a commercial office building; and
· The floor area ratio of the property will be limited to a maximum of twenty-three
percent (23%) for a period of ten (10) years; and
Page 1 of 2
INTENSITY REDUCTION Restrictive Covenant
00186890.000000 & 00187300.000000
· That the proposed structure has a Floor Area Ratio of 13.7 percent. The
proposed structure is 1,976 square feet on a 14,420 size parcel; and
· The restrictions herein shall be binding upon the representatives, heirs, assigns
and successors in title of the undersigned; it being the intention of the
undersigned by execution and recording of this document that his restriction
shall run with the land and shall be forever biding upon the successors in title;
and
· This covenant is intended to benefit and run in favor of the County of Monroe;
and
In the event of any breach or violation of the covenant contained herein, the said County
may enforce the covenant by injunction or such other legal method, as the County deems
appropriate.
EXECUTED ON THIS ~day of -.rJ D V
;.;:~!:;- ~-
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/ ...... SSt' "'- :::;. -u,,~ ~ L
(PrintIT pe Na )
o
,200~
OWNER OR O~
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r-f.u9tVK If()L ''7'
'(Print/Type Namej ,
(Si n re)
f~L 11+~ ~171~
(PrintlType Name)
(Signature)
(PrintlType Name)
Sworn before me this 5X~ day of kX>~~{ e
,200~, A.D.
Notary Public (Signature)
My Commission Expires:
.~\~~~:r~<. JENNIFER R. GEIDE
f.//h;,~ ~*\ MY COMMISSION # DO 124806
~''&'1j EXPIRES: August 16,2006
......~,%:n-~.... Bonded Thru Notary PubHc Underwriters
Page 2 of 2
INTENSITY REDUCTION Restrictive Covenant
00186890.000000 & 00187300.000000