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Item H15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 18. 2004 Bulk Item: Yes X No Division: Growth Mana~ement Department: Planning AGENDA ITEM WORDING: Approval for one Restrictive Covenant. from James and Barbara Jo Sharpe for a floor area intensity reduction on a property described as Lot 4, Block 2, Summerland Key Cove Addition 2 Summerland Key and having the Parcel Identification Number of 00190770.000000. ITEM BACKGROUND: On April 28, 2004, the Planning Commission conducted a public hearing to review, discuss, and make formal motions regarding amended Year 12 annual allocation and the Non- Residential Floor Area Ranking Report; and P25-04 approved a floor area allocation of 348 square feet for Permit 03105136 for James and Barbara Jo Sharpe. PREVIOUS RELEVANT BOARD ACTION: On July 18,2001, the BOCC adopted Ordinance No. 032-2001, the NROGO Ordinance. The Board of County Commissioners approved floor area allocation for NROGO Year 12 at their meeting on November 19, 2003. On March 18, 2004, during a regular public meeting, the Board of County Commissioners, passed and adopted by Resolution an amendment to the Year 12 annual allocation that increased the available floor area to 16,000 square feet all of which is to be made available for applicants in a single allocation in January, 2004. ' CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval. TOTAL COST: X BUDGETED: Yes N/A No COST TO COUNTY: N/ A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty l (1 ) Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ AGENDA ITEM #~ DISPOSITION: MEMORANDUM TO: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Dire~ I July 29,2004 ' Clarification of Agenda Item Restrictive Covenant Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 03105136 James and Barbara Jo Sharpe James and Barbara J 0 Sharpe Summerland Key Cove Addition 2, Lot 4, Block 2, Summerland Key This instnunent prepared by: Whitney Meehan 26351 State Road 4 Ramrod Key, FL 33042 INTENSITY REDUCTION RESTRICTIVE COVENANT NON-RESIDENTIAL L WHEREAS James E. & Barbara Jo Sharpe, the undersigned is the sole owner of the following described real property located in Monroe County, Florida, described as follows: Lot: 4 Block: 2 Subdivision: Summerland Key Cove Addition 2 Key: Summerland Key PB: 4-100 Real Estate Number: 00190770.000000; and WHEREAS, an application for building permit # 0315136 for the construction of a commercial building on the above described parcel has been submitted to the Monroe County Building Department; and WHEREAS, Suburban Commercial (SC) Land Use District allows the construction of office/storage; and 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 Page lof2 Intensity Reduction Restrictive Covenant 00190770.000000 · The floor area ratio of the property will be limited to a maximum of twenty-three percent (23%) for a period often (10) years; and · The total size of the parcel is 6,000 square feet of which 3,200 square feet has been utilized for an employee housing dwelling unit; and · That the proposed structure has a Floor Area Ratio of .12 percent. The proposed commercial floor area of348 square feet to the remaining 2,800 square feet; 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 binding 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 ::2 [ S-i day of ~~ WITNESSES l ~~,.\l \U '':;\I\'-tl~ (Signature) " ,200~. Il )hl'\-nf'A.., \f'o.()~{' ~~I\ - \ (PrintfType Name) ~~ (Signature) ~ ,hfl\\? 5 E, S~1CA.ype_ (PrintfType Name) ~cuh~cf .~ (Signature) K" A;;,J t -ra.cL" e.... (PrintfT Name) Intensity Reduction Restrictive Covenant 00190770.000000 Page 2 of2 '~.y bQ10- Jo ShQY'fJ.L (PrintfType Name) "r'{\~ ' 20o:L \ \.t:-{'" U III ~mtth ~ Notary Public (P . t Name) . """" Whitn M h .,~~~y.~~~- . ~y ee an -'<"~'" ~ Commlsslon#DDl53191 >.... ~i;:= Expires: Sep 24, 2006 "'~OFP\.O",' BondedThru '1"111' AI' t antic BOnding Co., Inc. Sworn before me this ~ \ ~T day of