Resolution 395-2021 2 •
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7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. 395 -2021
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I1 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS WAIVING APPROXIMATELY $8,802.00 IN
13 BUILDING PERMIT FEES FOR ONE DEED-RESTRICTED HOUSING
14 UNIT, SERVING THE 100% OF MEDIAN INCOME LEVEL CATEGORY,
15 TO BE CONSTRUCTED ON A PARCEL LOCATED AT 991 VALENCIA
16 ROAD ON KEY LARGO, AT APPROXIMATE MILE MARKER 102,
17 HAVING REAL ESTATE NUMBER 00545380-000000.
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19 WHEREAS,on November 18, 2009 the Monroe County Board of County Commissioners
20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
21 entities building low income housing leveraging state or federal funds, or affordable housing as
22 defined by state statutes; and
23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
24 allowing waivers for housing for households up to 120% of median income in Monroe County.
25 Housing exceeding 120% may also apply for a waiver if the specific project for development is
26 being subsidized with or is leveraging state or federal funding; and
27 WHEREAS, on September 16, 2021, Habitat for Humanity of the Upper Keys, Inc.
28 submitted the Application for Building Permit Fee Waiver.The legislative intent of this Resolution
29 is that the instant waiver shall apply to the building permit applicant of record; and
30 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for
31 waivers of building permit fees for affordable housing which have a Development Order in effect.
32 The Applicant of Record is requesting a building permit fee waiver of approximately$8,802.00 to
33 construct one proposed 3-bedroom,2-bathroom affordable housing unit on Key Largo as follows:
34 Permit Number Address Real Estate Number %of Median Income
35 21300052 991 Valencia Road 00545380-000000 100;
36 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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38 Section 1. Recitals and Legislative Intent.The foregoing recitals are true and correct and are
39 hereby incorporated as if fully stated herein.
40 Section 2. Building permit fees are hereby waived pursuant to Monroe County Code (MCC)
41 Section 6-108(e) for the affordable housing unit described herein with the condition that evidence
42 of an Affordable Housing Deed Restriction accepted and/or approved by both the Senior Director
43 of Planning& Environmental Services and the Office of the County Attorney and recorded in the
44 Public Records of Monroe County, Florida shall be provided to the Monroe County Building
45 Department and Monroe County Planning &Environmental Resources Department.
46 Section 3. Construction and Interpretation. This resolution and its interpretation shall be
47 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and
48 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe
49 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
50 County Code(s) provision(s) whose interpretations arises out of, relates to, or is interpreted in
51 connection with this resolution shall be liberally construed and enforced in favor of Monroe
52 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in
53 favor of the BOCC and such construction and interpretation shall be entitled to great weight in
54 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
55 Section 4. Severability. If any provision of this resolution, or any part or portion thereof, is
56 held to be invalid or unenforceable by any administrative hearing office or court of competent
57 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
58 shall neither limit nor impair the operation,enforceability,or validity of any other provision of this
59 resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this resolution,
60 and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
61 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
62 Florida, at a regular meeting held on the 20th day of October , 2021.
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63 tJ u_ Mayor Michelle Coldiron Yes
64 - Mayor Pro Tem David Rice Yes
6 `. cr 7, Commissioner Craig Cates Yes
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,4:).,; 1 ' Commissioner Eddie Martinez Not Present
'! ° Commissioner Holly Merrill RascheinYes
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eq- I' L „tr BOARD OF COUNTY CO a TONERS
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71 , ""'. ' EVIN MADOK, Clerk OF MONROE : TY FLO'
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73 ByB A MOP ; l
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74 As Deputy Clerk Mayor
OE COUNTI'ATTORNEY
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ASSISTANT COUNTY ATTORNEY
09/22/2021