Item M06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 06/18/03
Division: Growth Management
Bulk Item: Yes --X- No
Department: Planning
AGENDA ITEM WORDING: Approval of a resolution rescinding the Historic Designation from
"The Hemitage" for failure to comply with the constitutional due process.
ITEM BACKGROUND: The site is located at 25340 4th Street, Summerland Key, Real Estate
Numbers 196690, 196970 and 115100. On June 25, 2001, the Historic Preservation Commission
signed Resolution HOI-01 recommending approval to the Board of County Commissioners. The
applicant failed to properly post the 3D-day notice stating the date, time and location of the hearing to
adopt the designation.
PREVIOUS RELEVANT BOCC ACTION: On July 19th 2001 the Board signed Resolution #276-
2001 approving the historic designation of "The Hermitage".
CONTRACnAGREEMENTCHANGES: N~
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -L
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #~
K. Marlene Conaway, Director of Planning &
Environmental Resources
RESOLUTION NO. -2003
A RESOLUTION BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
RECOGNIZING THAT THE mSTORICAL
DESIGNA nON OF THE HERMITAGE, 25340 4TH
STREET, SUMMERLAND KEY, MONROE COUNTY,
FLORIDA, REAL ESTATE NUMBERS 196690,
196970, AND 115100, IS VOID AB INITIO FOR
FAILURE TO COMPLY WITH DUE THE MONROE
COUNTY DUE PROCESS REQUIREMENTS.
WHEREAS, Monroe County Code, Section 9.5-45 (c), requires the posting of a 30-day
notice stating the date, time, and location for the hearing at which a proposed historical
designation is to be discussed and acted upon;
WHEREAS, Monroe County Code, Section 9.5-45 (f), requires the applicant to provide
an affidavit and photographic evidence, showing that the applicant has complied with such notice
requirements;
WHEREAS, Dr. Gregory Klimock, the owner of "The Hermitage," 25340 4th street,
Summerland, real estate numbers 196690, 196970, and 115100, applied for historical designation
in April 2001; the Monroe County Historic Preservation Commission recommended designation
on July 18,2001, and the County Commission ratified the designation on July 18,2001;
WHEREAS, the applicant affirms that he never posted such notice; and
WHEREAS, the file maintained by the Historic Florida Keys Foundation contains no
affidavit or photograph indication that the required on-site notice was ever posted;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
The historical designation of "The Hermitage" is void ab initio for failure to comply with due
process requirements.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 2003.
Mayor Dixie M. Spehar
Mayor Pro Tern Murray E. Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA APPROVED AS TO FORM
~~:~: DANNY L. KOLHAGE, CLERK I~Y
BY:
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A":"~, LEONA T. COFFEY
i*rifi.~:'1 MY COMMISSION # DD 101762
,~; EXPIRES: May 26,2006
',Rr..f}\-'" Bonded Thru NOIIry Pubflc Underwriters
Hugh 1. Morgan
James T. Hendrick
Karen K. Cabanas
Robert Cintron, Jr.
LAW OFFICES
MORGAN & HENDRICK
317 WIDTEHEAD STREET
KEy WEST, FLORIDA 33040
TELEPHONE 305.296.5676
FACSIMILE 305.296.4331
W. Curry Harris
(1907-1988)
Hilary U. Albury
( 1920-1999)
MEMORANDUM
TO:
George Born
VIA FACSIMILE 293-6348 & U.S. MAIL
FROM:
Karen Cabanas ~
DATE:
March 5, 2003
RE:
Historical Designation Status of Hermitage
In response to your memorandum of February 21,2003:
If the property was designated without the required posting and notice requirements, the resolutions
designating the property are void as a matter of law for failure to comply with constitutional due
process. However, rather than have a public record indicating that the property is designated, a new
resolution should be prepared and adopted. Please prepare a resolution to go before the Commission
along with a staff report indicating that the required posting and notice was not made. These are factual
findings that the Commission will need to make, based on the staff report and contents of the file. The
new resolutiori)!Iould indicate that the prior designation is rescinded as void for failure to comply with -'...
due process. Though it is not legally required that a new resolution be adopted since the original is void
on its face, it would be best if the public records reflected a new resolution indicating the rescission and
its grounds. This would allow any member of the public to discovery that the property is in fact not
designated and would also appear in a title search performed as to this property.
PRIVILEGED MATERIAL (attorney-client/work product): The information contained in this message and attached
document(s) is confidential and privileged. It is intended only for the use of the individual or entity identified. If you are not
the intended recipient, please do not disseminate, distribute or copy. Instead please notify us at 305.296.5676 immediately.
MAILING ADDRESS: P.O. Box 1117, KEY WESTFL 33041
E-MAIL: KCabanas@morganandhendrick.com
Planning Department
RESOLUTION NO. 276 - 2001
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COMMISSIONERS GRANTING THE DESIGNATION
OF "HISTORICAL AND CULTURAL LANDMARK" TO
"THE HERMITAGE," 25340 4TH STREET,
SUMMERLAND, REAL ESTATE NUMBERS 196690,
196970, AND 115100.
WHEREAS the "The Hermitage" meets the criteria for
"designation of historical properties" as specified in
Section 9.5-454 (a) (1) and (2) of the Monroe County Code,
Amended, in that the structure is significant in the history
of Monroe County and is associated with the lives of
individuals significant in the past; and
WHEREAS the procedures of historic designation set forth
in Section 9.5-455 of the Monroe County Code, Amended, have
been followed, in that:
1. The proposed designation was initiated by Mr. Gregory
Klimock, owner of "The Hermitage," who submitted an
application dated April 1, 2001;
2. A designation report dated June 7, 2001, was prepared by
George Born, Historic Preservationist, Historic Florida
Keys Foundation, serving as staff to the Historic
Preservation Commission;
Page 1 of 3
3. The above materials established the basis for
designation under Code Section 9.5-454 and included
other evidence that supports the designation,
documenting the historic, social, and cultural
significance of the structure;
4. The Monroe County Historic Preservation Commission,
during a regular session held on June 18, 2001,
conducted a public hearing on the proposed designation
and reviewed the application for designation;
5. The Historic Preservation Commission voted unanimously
at said public hearing to recommend to the Monroe County
Board of Commissioners that the Board grant historical
designation to the structure, as stated in the Historic
Preservation Commission Resolution No. H01-01; and
WHEREAS the Monroe County Board of Commissioners has
considered the proposed designation and the recommendation of
the Historic Preservation Commission; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
The "The Hermitage" is hereby historically designated as
provided by Article VIII of the Monroe County Code, Amended.
Page 2 of 3
RESOLUTION NO. H01-01
A RESOLUTION BY THE MONROE COUNTY
HISTORIC PRESERVATION COMMISSION
RECOMMENDING THAT THE MONROE COUNTY BOARD
OF COMMISSIONERS GRANT THE DESIGNATION OF
"HISTORIC AND CULTURAL LANDMARK" TO "THE
HERMITAGE," 25340 4TH STREET, SUMMERLAND,
REAL ESTATE NUMBERS 196690, 196970, AND
115100.
WHEREAS the Monroe County Historic Preservation
Commission during a regular meeting held on June 18, 2001,
conducted a public hearing to discuss recommending the
designation of the "The Hermitage" as a "Historic and
Cultural Landmark" as provided by Article VIII of the Monroe
County Code, Amended; and
WHEREAS the Historic Preservation commission was
presented with the following evidence, which by reference is
hereby incorporated as a part of the record:
1. An application for designation dated April 1, 2001,
completed by Gregory Klimock, owner of "The Hermitage"; and
2. A staff report dated June 7, 2001, prepared by George
Born, Historic preservationist, Historic Florida Keys
Foundation, serving as staff to the Historic Preservation
commission;
WHEREAS the Historic Preservation Commission has made
the following Findings of Fact and Conclusions of Law:
1. Based on the evidence produced at the hearing,
including the testimony and the written data, the
commission finds that "The Hermitage" is both
significant to the history of Monroe County and
associated with the lives of individuals significant in
the past, meeting the standards for designation as
specified in Sec. 9.5-454 (a) (1) and (2) of the Monroe
County Land Development Regulations; NOW THEREFORE,
Page 1 of 2
Initia~~
BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Fact
and Conclusions of Law support their decision to RECOMMEND
that the Monroe County Board of Commissioners designate "The
Hermitage" a "Historic and Cultural Landmark" as provided for
by Article VIII of the Monroe County Code, Amended.
PASSED AND ADOPTED by the Historic preservation Commission of
Monroe County, Florida, at a regular meeting held on the 18th
day of June, 2001.
Chair Allen YES
vice-Chair Silvia YES
commissioner Clupper YES
commissioner Johnson Yes
Commissioner Lloyd YES
Signed
H y PRESERVATION COMMISSION OF
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By ...<:- .......--.--z:.'---6---<=- "'';:'" ~__c;.-..~_-,----
Alice Allen, Chair
this ,,:{6 day of 'tA~/t~ '_ ' 2001.
BY
Page 2 of 2
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