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Item K1 -QUASI-JUDICIAL HEARING 2:00 P.M. (Time Approximate) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16, 2013 Division: Public Works Division Bulk Item: Yes _ No X Department: Engineering Services Department Staff Contact Person/Phone#: Judy Clarke X4329 AGENDA ITEM WORDING: Appeal by FPT Trust No. 1 of the denial of an after the fact right-of- way permit for a 38-ft. wide driveway connection at 29 Calle Uno, Rockland Key. (THIS IS A QUASI-JUDICIAL HEARING). ITEM BACKGROUND: Charlie Toppino and Sons submitted a right of way permit application for a 38-ft wide driveway connection. Staff denied the permit because the proposed width is greater than the maximum allowable width of 24-ft. FPT Trust No. 1 is appealing the denial as allowed by Monroe County Code Section 19-46. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 Z UPiu�W'u'm ,. /�Ji Engineering Department MEMORANDUM To: Monroe County Board of County Commissioners From: Judy Clarke, P.E. Director of Engineering Services Date: September 30, 2013 Re: Appeal of denial of after the fact right of way permit application for 38' wide residential driveway connection This item is an appeal of Engineering Department's denial of an after the fact right of way permit application for a 38-ft. wide driveway connection at 29 Calle Uno, Rockland Key. Attached pictures show that the driveway extends 3-ft. onto the county right-of-way. Staff denied the application because the Monroe County Code, by reference to the Monroe County Public Works Manual, limits the width of residential driveways to a maximum of 24 feet. In March 2013 Code Compliance notified the property owner and contractor that work consisting of construction of a concrete driveway was being performed on the site without the appropriate building permit. The Monroe County eGovPLUS summary sheet for the code case is attached. On April 8, 2013, Mr. Patrick Ortega of Charley Toppino and Sons submitted a right of way permit application. Engineering staff reviewed the application and responded via email on April 15, 2103 that the site plan needed to be revised to reflect a maximum of one 24-ft width driveway or 2-12 ft. driveways rather than the 38-ft. wide driveway shown on the site plan. Mr. Ortega re-submitted the same permit application and site plan on August 7, 2013. On August 19, 2013 staff emailed a second denial to Mr. Ortega; the denial again stated that Monroe County does not issue right of way permits for 38-ft wide driveways and that 24 feet is the maximum allowable width. Copies of the right of way permit applications and staff emails are attached. Monroe County Code Section 19-42 Construction Standards and Specifications states that "All construction, repairs and/or restoration within county public rights-of-way and easements shall conform to the technical standards and specifications contained in the 1995 edition of the "Monroe County Public Works Manual. " Standard Road Detail R 7.1-Asphalt Driveway Residential (copy attached) shows the geometry for residential driveways and indicates a maximum width of 24 feet. This detail is used for residential driveways regardless of construction material (asphalt, concrete, brick pavers). Standard Road Detail R 8.2-Concrete Driveway, which is referenced in the appeal, shows the transition where there is curb and gutter and is not applicable to this location. Engineering staff consistently issues residential driveway connection permits with a maximum width of 24-ft. or in the case of a circular driveway for no greater than 2 12-ft. width connections. r fi a, N i l / rr %iii", IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII lisp I uiiiuuuuuuu uuuuuuuuuliliuuuuuuuuuuuuuuuulili III „ w ........ ......... 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MIN, WITH NO WIRE MESH MAY BE USED IN LIEU OF 4"CONCRETE 1 SIDEWALK. SEE STANDARD ac DETAIL R-10.0 id EDGE OF "� O ROADWAY PAVEMENT 5' MIN L10-A E0'M AX. 20;0" MIN. PLAN 1 z 3 4'-0 MIN. E GRADE FROM SIDEWALK TO PAVE MT EDGE) - CONCRETE 't SIDEWALK A B ROAD PAVEMENT 6x6WIRE MESH SECTION A --A I i 2'� r - �. I i SECTION B-B W Owl mr u W F OA BASE COURSE 6" THICK z a W (Da ASPHALTIC CONCRETE SURFACE COURSE I" THICK W NOTE= WHERE SIDEWALK IS NOT REQUIRED, DRIVEWAY PAVEMENT W a a SHALL EXTEND TO R/W LINE. > = a ®NRT APPROVED REVISED STANDARD ROAD DETAIL R COUNTY ASPHALT DRIVEWAY PUBLIC WORKS9�83 RESIDENTIAL � 7' I DEPARTMENT .SHEET OF I TYPE 'B'JOINT CONSTRUCT ADD'TL PAVMT I A (SEE TABLE I.} �W LINE n 1 5�� ® z SIDEWALK DRIVESZE NOTE2HICK7 q. ®1112 MIN. (rWAY1 , 5' P _ (42'MAX AT SERVICE \ �\0�\�� STATIONS) \ �p� I A\\\ WARP TYPE 'C'JOINT \\ v1� I�111\\ ,n SLOPES w x ui CURB 9 IGUTTER 1 �- PV'MT EDGE CURB A L CURB'1 J® =1 TRANSITION TRANSITION K;.NS"I� PLAN TRAFFIC BACK OF SIDEWALK PROFILE FRONT OF SIDEWALK PROFILE I TOP OF CURB PROFILE ® r ——6_0�� DRIVEWAY CURB 6'-0 ® GUTTER LINE CURB CURB Y TRANSITION TRANSITION TABLE I. ®FILE DRIVEWAY ADD'TL 6"GONG. SW!(. PR *■ WIDTH (APPROACH SIDE ONLY) 10' MIN. MAY BE USED FOR SINGLE UP TO IS' ! ADDED WIM = 16 fl FAMILY RESIDENTIAL AREAS 2D' " -I o' 2s' _ 5' 30 and over HO ADDED W EDT H � 4=0 VARIES J I MIN. (MORE THAN 5=O11) i wLI: TYPE C JOINT ® N� 6x6-W29x W23 * `•::i`.i�Y1' o Nw WIRE MESH TYPE C JOINT \� ¢ o �� z ¢ U SECTION A- A DRIVEWAY CURB NOTES: W I. SPACE JOINTS IN ACCORDANCE arc a WITH STD. DETAIL R-10.0 2. AN ALTERNATE 6" CONCRETE SIDEWALK WITH NO MESH MAY BE USED a m M IN LIEU OF THE 4"CONCRETE SIDEWALK. (SEE R-10.0) a W W m ¢ > ¢ v z o � 8 MONROE APPROVED REVISED STANDARD ROAD DETAIL COUNTY PUBLIC WORKS 9�83 CONCRETE DRIVEWAY 8 . 2 DEPART T SHEET I OF? CONSTRUCT ADD'TL PAV'MT TYPE'8` JOINT I r►A (See Table 0 }- R/W LINE x o z SIDEWALK �� SEE N OR IV EWAYOTE zl a 12 MIN. I-WAY Ikp�\yv 2 4 MAX (42 MA STAT ATIONS SERVICE N WARP � I I 1\� _ SLOPES TYPE 'C'JOINT >o fh CURB 9,GUTTER 6,_0„ 6,-0„ 6,_O„ PV`IKT EDGE CURB TRANSITION L01A TRANSITION TR;i 14!;SM 6o'N PLA N ,TRAFFIC BACK OF SIDEWALK PROFILE FRONT OF SIDEWALK PROFILE TOP OF CURB PROFILE Ya-O" DRIVEWAY CURB 6'0" GUTTER LINE CURB CURB TRANSITION TRANSITION • PROFILE TABLE 1. e IO`M IN.MAY BE USED FOR SINGLE DRIVEWAY Add`TL 6"CONC.SW K. FAMILY RESIDENTIAL AREAS WIDTH {APPROAOi SIDE ONLY 1 L UP TO 15' I ADDED WIDTH■IS' 20' 25 I = S 4�-0" VARIES 'ond over I NOAODED WIDTH i1 MIN. (5'-0"OR LESS) JI _ _ _ TYPE `C'JOINT WLU 6x6-W2.9x W2.9 WIRE MESH °�� DRIVEWAY o ° o oU SECTION A- A cuRe Q v= Y NOTES: i +r I. SPACE JOINTS IN ACCORDANCE '" W WITH STD. DETAIL R-10.0 7 W 2. AN ALTERNATE 6" CONCRETE SIDEWALK WITH NO MESH MAY BE USED IN LIEU OF THE 4"CONCRETE SIDEWALK. (SEE R-10.0) } m ~ It w w o rRj ®NO APPROYEi} REVISEDSTANDARD ROAD DETAIL.COU TY PUBLIC WORKS gCONCRETE DRIVEWAY DEPARTMENT Barton W. Smith, Esq. SMITH OROPEZA, P.L. Patrick Flanigan, Esq. Managing Partner I ZrneSory S, Oropeza, Esq. i38-i42Simonton Street Richard McChesney, Esq. Key West, Florida 33040 Telephone : (305) 296-7227 Facsimile . (305) 296-8448 September 17, 2013 VIA HAND-DELIVERY Judith S. Clarke, P.E. Director of Engineering Services 1100 Simonton St. Key West, FL 33040 RE: FPT Trust No. I's Appeal of the Denial of its 29 Calle Uno Permit Dear Judi, My firm represents FPT Trust No. I ("FPT"), which owns real property situated at 29 Calle Uno, East Rockland Key, in Monroe County, Florida ("Property"). Pursuant to Monroe County Code Sec. 19-46, FPT hereby exercises its right to appeal to the Monroe County Board of County Commissioners the Engineering Department's August 19, 2013 denial of a Driveway Connection permit to FPT for the Property. FACTUAL BACKGROUND On or about August 8, 2013, FPT submitted an application to the Monroe County Engineering Department for a driveway connection for the Property with a proposed site plan. Pursuant to the application and site plan, the subject connections consist of two side-by-side driveways, each measuring approximately seventeen feet (17') in width. The driveway extends outward to the electric pole in order to ensure that vehicles leaving and entering the property do not collide with the electric pole. Moreover, the driveway's width is due to portions of the driveway covering a drainage field remaining from when the septic tank was removed and central sewers were installed. True and correct copies of FPT's application and proposed site plan are attached hereto and incorporated herein as composite Exhibit A. On August 19, 2013, you denied FPT's application, citing the width of the proposed connection as the basis for denial. A true and correct copy of that denial is attached hereto and incorporated herein as Exhibit B. In the denial, you stated that "...the County does not issue permits for 38 ft. wide driveways. 24 ft. is the maximum allowable driveway connection width (see e-mail below from [Administrative Assistant] Brearme Erickson.) Accordingly, we are denying this application for a 38 ft. wide driveway connection." Ms. Erickson's referenced e-mail provided that everything "looks fine,"with the exception of the width of the proposed driveway connection. In her e-mail, Ms. Erickson stated: "Monroe County only allows for a maximum of one 24' wide driveway connection or any 2 driveway connections that total no more than 24' (ex. 2-12' connections). In order to issue your permit, please forward SEP an updated site plan showing a maximum 24' wide connection." A true and correct copy of Ms. Erickson's e-mail is attached hereto and incorporated herein as Exhibit C. The sole basis for denial of FPT's application was the width of the proposed connection. ARGUMENT IN FAVOR OF APPROVAL The Engineering Department erred in denying FPT's application on the basis of the width of the proposed driveway connections, and the Monroe County Board of County Commissioners should overrule the Engineering Department. Pursuant to Monroe County Code, there is no aggregate maximum allowable width for driveway connections to single family residences. Thus, there is no authority for the Engineering Department's denial of the permit on that basis. The driveway connections on the subject property satisfy Monroe County Code and attendant County regulations, and should be approved. Chapter 19 of Monroe County Code governs permits for public right-of-way use permits. Sec. 19-41 specifically addresses the permitting requirements for access driveways. Sec. 19-41 provides: (a) A request to install a single-family residential driveway access shall be submitted indicating the street address, lot and block number, a description of the nature of the construction (size), and the amount of intrusion into the county right-of-way. No insurance or bonding is required. (b) Access driveways onto rights-of-way shall be limited to the least possible number required to adequately serve the intended use and shall conform to all applicable traffic safety standards. Prior to installation within county rights-of-way, the application shall be reviewed by the engineering director regarding any effects on sidewalks, ditches, swales, curbs or other facilities located within rights-of-way or easements. Once a permit is issued, all construction and improvements shall be subject to inspection by the engineering department. Sec. 19-41 does not set a maximum permissible width for access driveways or grant the Engineering Department the authority to deny an application on such a basis. While the width of a driveway could ostensibly bear on "effects on sidewalks, ditches, swales, curbs or other facilities Iocated on rights-of-way or easements," there is no indication that the application at issue implicated such concerns. There is also no indication that the width of a driveway or driveways bears any relationship to the limitation that driveways be "...limited to the least possible number required to adequately serve the intended use..." or that the subject connections fail to conform to any applicable traffic safety standard. The Monroe County Engineering Department ostensibly relied on Sec. 19-42 to support denial of the permit on the basis that the proposed width exceeds 24 feet, but this reliance was incorrect. Monroe County Code Sec. 19-42 provides: All construction, repairs and/or restorations within county public rights-of-way and easements shall conform to the technical standards and specifications as 2 contained in the 1995 edition of the "Monroe County Public Works Manual," which manual is hereby adopted pursuant hereto and, by reference, incorporated herein. Revisions to the 1995 "Monroe County Public Works Manual" may be adopted by the board of county commissioners by resolution. The applicable section of the Monroe County Public Works Manual ("Manual"), R 8.2, in part 2 "Standard Specifications and Details," is attached hereto and incorporated herein as Exhibit D. R 8.2, "Standard Road Detail for Concrete Driveways" is incorporated by reference into the provisions of Chapter 19 of the Monroe County Code. The Standard Road Detail for Concrete Driveways provides a twelve feet (12') minimum width for one-way driveways and a twenty-four feet (24') maximum for two-way driveways. There is no maximum width for one-way driveways. The proposed driveway connection, as shown on the site plan consists of two (2) one-way driveways, approximately sixteen feet eight inches (16'8") wide each, with a five feet (5') wide planter separating them. See Exhibit B. Monroe County Code contains no criteria for determining whether a driveway is "one- way" or"two-way," but the width of each driveway limits the feasibility of two standard- sized vehicles passing one another on each individual driveway. The driveways are separated by the five feet (5') wide planter labeled as the "NEW PLANTER" on the site plan. See Exhibit A. While the driveway connection meets the right of way in line with the planter, the strip of concrete between the outer edge of the driveway and the planter is a mere five feet (5') long by five feet (5') wide. This strip will not be utilized for vehicle storage, ingress, or egress, and thus does not constitute a part of the driveway, but instead constitutes a paved area separating the two individual driveways. Each driveway is a one-way driveway, measuring approximately sixteen feet eight inches (16'8") wide, which complies with the Manual's standard. The Manual establishes no maximum permissible width for a one-way driveway. The existence of two (2) one-way driveways on the same property does not violate Sec. 19-41(b)'s provision that access driveways be "limited to the least possible number required to adequately serve the intended use" or that these driveways would fail to conform to applicable traffic and safety standards. Accordingly, there are no grounds under County Code to justify the denial of the permit in question. Alternatively, assuming arguendo, that the site plan shows the existence of a single, approximately thirty-eight feet long (38'), one-way driveway, the permit should still have been issued. The Standard Road Detail for Concrete Driveways clearly shows a twelve feet (12') minimum width for one-way driveways and a twenty-four feet (24') maximum width for two-way driveways. There is no maximum width for one-way driveways. As has previously stated, Monroe County Code contains no criteria for determining whether a driveway is "one-way" or "two-way," but in light of the access needs of the property and the placement of the columns supporting the structure on the property, it is infeasible for vehicles to travel in opposite directions on the proposed driveway or for a vehicle to use half of the driveway for ingress to the property and the other half of the driveway for 3 egress. While two vehicles can pull in and out of the driveway simultaneously, it is physically impossible for two vehicles to enter the property simultaneously and then simultaneously exit the property by use of the other half of the driveway. Pursuant to the Monroe County Code, the maximum width of twenty-four feet (24') applies only to two- way driveways. The simple fact that a driveway is wide enough to accommodate two cars does not bring it within the ambit of the Manual's provision prohibiting a single 2-way driveway exceeding 24 feet in width. This fact is further supported by the lack of maximum permissible width for 1-way driveways: If a driveway's mere ability to accommodate two vehicles side by side makes it a "two-way" driveway, a permissible one-way driveway (which may be of unlimited width under the Manual) could be arbitrarily termed a two-way driveway, and thereby denied necessary permits by the Engineering Department. Assuming arguendo that the two driveways are considered a single one-way driveway of approximately thirty-eight (38) feet in width, the driveway would still comply with the Manual's standard, which is incorporated into Monroe County Code, that a one-way driveway be at least twelve (12) feet wide. The Manual provides no permissible maximum width for a one-way driveway. There is no indication that the existence of a thirty-eight (38) feet wide driveway violates Sec. 19-41(b)'s provision that access driveways be "limited to the least possible number required to adequately serve the intended use" or that this driveway would fail to conform to applicable traffic safety standards. Accordingly, there are no grounds under County Code to justify the denial of the permit in question. CONCLUSION In light of the subject driveway's compliance with the Monroe County Public Works Manual and applicable provisions of Monroe County Code, FPT Trust No. i respectfully requests that the Monroe County Board of County Commissioners overturn the Engineering Department's denial of a permit for driveway connection at 29 Calle Uno, East Rockland Key. On behalf of FTP Trust No. 1 Barton Sml ith, Esq. Florida Bar No. 20169 SMITH OROPEZA, P.L. 138-142 Simonton Street Key West, Florida 33040 Telephone: 305-296-7227 Facsimile: 305-296-8448 Primary Email: Bart,'�smithoroneza.coni Secondary Email: kei ina;"d,smit oijjgE®�a,cc�m 4 MONROE COUNTY ENGINEERING DEPARTMENT APPLICATION Drnreway Connection/Right-Of-Way Permit (PLEASE PRINT OR TYPE) SECTION 1: FILL OUT COMPLETELY OWNERS: NAME: FPT LAND TRUST NO. 1 ADDRESS: P.O. BOX 787 KEY VILEST FLOR16A 33041 (CITY) (STATE) (ZIP) TELEPHONE NUMBER: (305) 296-5606 (Area code) (Phone number) CONTRACTOR and/or AUTHORIZED AGENT of OWNER: NAME: CHARLEY TOPPINO & SONS, INC. ADDRESS: P.O. BOX 787 KEY WEST FLORIDA 33041 (CITY) (STATE) (ZIP) TELEPHONE NUMBER: (305) 296-5606 (Area code) (Phone number) SECTION 2: FILL OUT COMPLETELY DATE: WORK EXPECTED TO BEGIN: WORK EXPECTED TO BE COMPLETED: i ADDRESS OF PROPOSED WORK: 29 CALLE UNO, EAST ROCKLAND KEY MILE MARKER: 9.5 BLOCK: 1 LOT: 23,24,25 SUBDIVISION: ROCKLAND VILLAGE KEY/ISLAND: EAST ROCKLAND KEY WORK to be PERFORMED - PROPOSED CONSTRUCTION MATERIAL: CONSTRUCTION OF NEW DRIVEWAY OF APPROX. 860 S.F. IN FRONT OF SINGLE FAMILY RESIDENCE Exhibit A MONROE COUNTY ENGINEERING DEPARTMENT APPLICATION Driveway Connection/Right of Way Permit (PLEASE PRINT OR TYPE) SECTION 3: READ-SIGN i. Finish elevation of driveway must conform to elevation of ground at swales. 2. All construction shall be performed in accordance with Monroe County's Standard Specifications and Details. Residential-MC Standard Specifications&Details Commercial-MC standard Sp cf ications,&Details I Permit for driveway on private property must be obtained separately from the building department. 4. No landscaping is to be Performed in the right of way. S. Any drainage problem,damage,etc...resulting from construction is the responsibility of the owner. 6. Issuance of a permit does not preclude the County from conducting work including,but not limited to,utility work and/or drainage work,within the right of way. 7. Applicant shall contact Monroe County Engineering Department for inspection prior to and at the completion of work at 305-292-4426. 1 hereby certify that I have read and examined this application and know that same to be true and correct. All provisions of laws and ordinances governing this type of work will be compiled with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any local,state or federal laws regulating construction or the performance of construction. 08/08/2013 DATE: SIGNATURE: MONROE COUNTY USE Approved for issuance of permit: (Signature of Engineering Department Representative) COST OF PERMIT: $ PERMIT NUMBER: k i Exhibit A RIGHT—OF—WAY ATTACHMENT It is the Applicant's responsibility to determine when work requires additional permits or approvals. This permit is valid only for work performed within the County's right-of-way and does not authorize any work on private property or other governmental property. The issuance of this permit by MONROE COUNTY does not negate the need to obtain other permits from other agencies when such work falls under their purview. *As an example,such approval may be required form MONROE COUNTY'S GROWTH MANAGEMENT DIVISION, the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,and/or the UNITED STATES ARMY OF CORPS OF ENGINEERS. Other agendes,such as the UNITED STATES FISH AND WILDLIFE SERVICE,FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION and SOUTH FLORIDA WATER MANAGEMENT DISTRICT may also need to grant approval of the work „ , !„III Ilks Growth Aol Mgaement-AVildina-3M�95-3990 f Midi e 1 -800-344-J453 United States Army Corers o f f Al eers-202-761-0099 lorldp Fish& Wildlffe Commission-561-62S-5122 Office of the Ombudsman and Public Services i Florida DEP-850-24S-2118 vtb_Florlda Water pr,a„„aeMt Disirfct-561-68"M-Ft only Toll Free 800-432-2045 I Applicant shall obtain any utility clearances P�II I T il[31GGIIN by calling SUNSHINE STATE, ONE CALL grit &432-4770 *Edsdng utility service shall not be disrupted without specific authority of the concerned utility and public notification by newspapers or the airways that the disruption will occur.Repairs determined to be of an emergency nature are notsubject to the notification procedure. Link to Munroe 'rivangy f7ndpir-Chapter 29-Article IL--Roads-Public Rieht of Way Use Permit OR WW.municode.com "I hereby certify that I have read the foregoing,that all the information submitted in this application is accurate,and that all work will be done in compliance with all applicable laws. I declare that all existing aerial and underground utilities have been located and the appro riate u ' "es notified of the proposed work." APPLICANT'S SIGNATURE: Signature DATE: .04/0 sit 013 Exhibit A AUGUST 19, 2013 STAFF DENIAL EMAIL Clarke-Judith From: Clarke-Judith Sent: Monday,August 19, 2013 2:00 PM To: patrick@charleytoppinoandsons.com' Cc: Erickson-Breanne Subject: FW: ROW permit application Attachments: 29 CALLE UNO.pdf Tracking: Recipient Delivery .patri ck@cha rleytoppi n oa n clso n s,conn' Erickson-Breanne Delivered:8/19/2013 2:00 PM Good afternoon— I've reviewed the attached and have the following comments: 1. Please submit the$25 ROW permit application fee; 2. The application is for an approximately 38 ft.wide driveway connection; as staff indicated on April 15'twhen the first application for this driveway connection was submitted,the County does not issue driveway connection permits for 38 ft. wide driveways. 24 ft.wide is the maximum allowable driveway connection width (see email below from Breact Erickson). Accordingly,we are denying this application for a 38 ft. wide driveway connection permit. Sincerely, Judith S. Clarke,P,E. Director of Engineering Services 1100 Simonton Street Key West,Florida 33040 Office 305-295-4329 Fax 305-295-4321 claAejudith --onroecounitAlgoy HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: Vyqb ocsfcss Your feedback is important to us! Please note Florida has a very broad pubic records law. Most mitten communications to or from the County regarding County business are public records available to the public and media upon request,Your e-mail communication may be subject to public disclosure. From: Erickson-Breanne Sent: Wednesday, August 07, 2013 3:23 PM To: Clarke-Judith Subject: FW: ROW permit application From: Patrick Ortega [maLlto. atrick@charle&oppinoandsQns.com Sent: Wednesday, August 07, 2013 12:03 PM To: Erickson-Brea nne Cc: to dp@aol.com Subject: RE: ROW permit application i Breanne, Hope all is well with you.. Please see attached documents for submission for a right of way permit.. I realize that it will e denied and will apply for a variance subsequently, as per codes.. Please contact me if anything else is required., Thanks, Patrick Ortega Charley Toppino& Sons, Inc. ( 05)296 5606 ( 0 ) 22-1 8 From: Erickson-Breanne - Irea � nay, igty I .9uy1 Sent: Monday, April 15, 2013 3:28 PM w To: 'patrick@charleytoppinoandsons.com' Subject: RE: ROW permit application i Patrick, Tina forwarded your email on to me as I am now helping handle ROW permits. The application looks fine, however your site plan needs to be changed. As far as I can tell,your site plan shows an approximately i riveay connection. Monroe County only allows fora maximum of one 4' wide driveway connection or any 2 driveway connections that total no more than 2 ' (ex. -12' connections). In order to issue your permit, please forward an updated site plan showing a maximum 24'wide connection. if you have any questions, please let me know. Thanks. r Administrative Assistant Monroe County Engineering 1100 Simonton Street#216 Key West, FL 33040 ( 5)2 - 7 From: LoSacco-Tina Sent: Monday, April 15, 2013 1:49 PM To: Erickson-Breanne Subject: FW: ROW permit application Please,Thank you. .305-292-4426 Before printing this e-mail message,ask yourself whether you really need a hard copy. Please note Your e-mail communication may be subject to public disclosure. Florida has a very broad public records law.Most written communications to or from the County are public record,available to the public and rnedia upon request From: Patrick Ortegamailto: atrick@carleytoppinoandsons4com�l Sent: Monday, April 08, 2013 8:07 AM APRIL 8, 2013 RIGHT OF WAY PERMIT APPLICATION APRIL 15, 2013 ENGINEERING STAFF DENIAL EMAIL Clarke-J udith From: Erickson-Breanne Sent: Monday, September 30, 2013 2:08 PM To: Clarke-Judith Subject: FW: ROW permit application From: Erickson-Breanne Sent: Monday, April 15, 2013 3:28 PM To: 'patrick@charleytoppinoandsons.com' Subject: RE: ROW permit application i Patrick, Tina forwarded your email on to me as I am now helping handle ROW permits. The application looks fine, however your site plan needs to bechanged, As far as I can tell,your site plan shows an approximately 'wide driveway connection. Monroe County only allows fora maximum of one wide driveway connection or any 2 driveway connections that total no more than 4' (ex. - 2' connections). In order to issue your permit, please forward an updated site plan showing maxi 24'wide connection. If you have any questions, please let me know. Thanks. rU Administrative Assistant Monroe County Engineering 1100 Simonton Street#216 Key West, FL 33040 (3 )292- 427 From: LoSacco-Tina Sent: Monday, April 15, 2013 1:49 PM To: Erickson-Breanne Subject: FW: ROW permit application Please;Thank you. o5- - Before printing this e-mail message,ask yourself whether you realllly need a hard coley. (Please note:Your e-maH communication may be subject to public disclosure. Florida has a very broad Ipublic records lawny„Most written communications to or from the County are public record,available to the public anid media upon request From: Patrick Ortega [o1uu_daa_o.ppkc arle o spin ndsonsvcomj Sent: Monday, April 08, 2013 8:07 AM ll. To: LoSacco-Tina Subject: RE: ROW permit application TI A, PLEASES E ATTACHED DOCUMENTS, AS PER YOUR E UST.. PLEASE LET ME KNOW WHAT I NEED TO DO-I APPRECIATE YOUR ASSISTANCE- THANKS, PATRICK ORTEGA CHARLEY TOI S, INC. (305) 26 5606 ( 5) 22-10 3 From: LoSacco-Tina [ ailto:Lo cco®Tina on eCoun -FLCoy] Sent: Friday, April 05, 2013 1:45 PM To: 'patrick@charleytoppinoandsons.com' Subject: ROW permit application Attached is the permit application—fill it out completely and return it,we will take a look and get back with you. Enjoy the weekend! 9'[.staz _f 0MVazccXr_ Senior Technician - Engineering .Monroe County BOCC noo Simonton St., Suite 2-216 XeyWest, FL. 33040 30.5-292-4426 -We have not inherited the earth from our parents, We are borrowing it from our children. Before printing this e-mail message, ask yourself whether you really need a hard copy. Please note: Your e-mail communication may be subject to public disclosure. Florida has a very broad public records law. Most written communications to or from the County are public record, available to the public and media upon request MONROE COUNTY ENGINEERING DEPARTMENT APPLICATION Driveway Connection/Right-Of-Way Permit (PLEASE PRINT OR TYPE) SECTION 1: FILL OUT COMPLETELY -OWNERS: NAME: FPT LAND TRUST NO. 1 ADDRESS: P.O. BOX 787 KEY WEST FLORIDA 33041 (CITY) (STATE) (ZIP) TELEPHONE NUMBER: (305) 296-5606 (Area code) (Phone number) CONTRACTOR and or AUTHORIZED AGENT of OWNER: NAME: CHARLEY TOPPINO & SONS, INC. ADDRESS: P.O. BOX 787 KEY WEST FLORIDA 33041 (CITY) (STATE) (ZIP) TELEPHONE NUMBER: (305) 296-5606 (Area code) (Phone number) SECTION 2: FILL OUT COMPLETELY DATE: WORK EXPECTED TO BEGIN: WORK EXPECTED TO BE COMPLETED: ADDRESS OF PROPOSED WORK: 29 CALLE UNO, EAST ROCKLAND KEY MILE MARKER: 9.5 BLOCK: 1 LOT: 23,24,25 SUBDIVISION: ROCKLAND VILLAGE KEVISLAND: EAST ROCKLAND KEY WORK to be PERFORMED - PROPOSED CONSTRUCTION MATERIAL: CONSTRUCTION OF NEW DRIVEWAY OF APPROX. 860 S.F. IN FRONT OF SINGLE FAMILY RESIDENCE: MONROE COUNTY ENGINEERING DEPARTMENT APPLICATION Driveway Connection/night of Way Permit (PLEASE PRINT OR TYPE) SECTION 3: READ—SIGN 1. Finish elevation of driveway must conform to elevation of ground at swales. 2. All construction shall be performed in accordance with Monroe County's Standard Specifications and Details. Residential-MC Standard Specifications&Details, CommeruyrJ-MCtpndard S eciiations 3. Permit for driveway on private property must be obtained separately from the building department. 4. No landscaping is to be performed in the right of way. S. Any drainage problem,damage,etc...resulting from construction is the responsibility of the owner. 6. Issuance of a permit does not preclude the County from conducting work including, but not limited to, utility work and/or drainage work,within the right of way. 7. Applicant shall contact Monroe County Engineering Department for inspection prior to and at the completion of work at 305-252-"26. 1 hereby certify that I have read and examined this application and know that same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any local,state or federal laws regulating construction or the performance of construction. DATE: 04/08/2013 SIGNATURE: MONROE COUNTY USE Approved for issuance of permit: (Signature of Engineering Department Representative) COST OF PERMIT: $ PERMIT NUMBER: RIGHT ­OF—WAY ATTACHMENT It is the Applicant's responsibility to determine when work requires additional permits or approvals. This permit is valld only for work performed within the County's right-of-way and does not authorize any work on private property or other governmental property. The issuance of this permit by MONROE COUNTY does not negate the need to obtain other permits from other agencies when such work falls under their purview. *As an example,such approval may be required form MONROE COUNTY'S GROWTH MANAGEMENT DIVISION, the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,and/or the UNITED STATES ARMY OF CORPS OF ENGINEERS. Other agencies,such as the UNITED STATES FISH AND WILDLIFE SERVICE,FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION and SOUTH FLORIDA WATER MANAGEMENT DISTRICT may also need to grant approval of the work. I I&M HAS: Growth Manaaement-Building-305-295�- U.S.Fish&Wildlife Service-800 344-9433 United States Army Corps of Engineers-202-761-0099 Florida fish& Wildlife Commission-561-625-5122 gifto o m n and Pu li D -850-245-2118 South Florida Water Mangqement Dl�trlct-551-686.8900—FL only Toll Free 800-432-2045 Applicant shall obtain any utility clearances PRIi1r)R"' 111�IHG'iI IU111�1141G by calling.S'UN,SHINt;',�STA'M ONE CALL atiWO-.4,3„'t-4,T,�0 *Existing utility service shall not be disrupted without specific authority of the concerned utility and public notification by newspapers or the airways that the disruption will occur.Repairs determined to be of an emergency nature are not subject to the notification procedure. it to 4u ��rm rw `ount C�r�drr�s—Chanter 19-Article R.—Roads—Public Right of Way Use Permit OR WW.mUnicode.com "I hereby certify that I have read the foregoing,that all the information submitted in this application is accurate,and that all work will be done in compliance with all applicable laws. I declare that all existing aerial and underground utilities have been located and the appro riate u ' 'es notified of the proposed work." ,,.,... APPLICANT'S SIGNATURE: " Signature DATE: 04/08/2013 SWALE CALCULATIONS: EXISTING IMPERVIOUS SURFACE=2,074 SF -------------- NEW IMPERVIOUS SURFACE=860 SF RE'/B MEW4EE-Mw -� � TOTAL LOT AREA=7,000 SF 4 "�,,,, 1, TT NEW%OF IMPERVIOUS SURFACE=41.9% 2"*"'ftD1� CuAw Kay.FL 330Q 4 860 x.208=179 cfREQ.SWALE VOLUME (B'W x VD)12=4 SF CROSS SECTIONAL AREA ' S 179cf14SF=451f SECTION THROUGH SWALE 9 `A, F p •� �, FFSsI© 'yyy„„,11 vE It 1EE0 I LOT zs • N EXISTING EXISTING SEPTIC BALCONY ] COVER Z i M S EXISTING � � V `' Z ❑ DOCK G NEW 6"CONC.SLAB ❑ J Q Y F- � , w Q a y � w Q; a NEW PLANTER z 1 U O I o B C)D f �- C > CO V I (Y I, LL LOT 24 EXISTING ONE U 5-0" STORY ELEVATED a I 28' 0 • j I Y C*J " k?Y"n�_ Cnr,Hery " n EWL ��ICR u„ EXISTING UTILITY AutoCedlFieNo LINE ABOVE " EXISTING TREE ,A 8'W x45'L x 1'D SITE j h SWALE;EXACT PLAN I� LOCATION TO BE N 112 ( DETERMINED LOT 28 y DURING CONSTRUCTION sheet Nunher. I2 u 25 0" 1 of 1 , u SIT„IE PLAN Dale MAR 27,2013 CODE COMPLIANCE CASE SUMMARY Code Enforcement Detail Page 1 of 2 SejjG,otsiun lbeiui° 301, 1.1013 11!04 ANI, Ms 4cicou.ju iL i D; s<!I":¢wv er 1:,krwv:¢a.°s" a',:kv ; - " iu Monroe County eGovPLUS �^ yy y� pp}�II gg ;�,� ' CODE ENFORCEMENT DETAIL Case Number ICE13030088 Tenant Case Date 03-12.2013 Add Info Origination 16-E-MAIL Status 0-OPEN Operator I atwells Officer SVP PROPERTY ON CASE RE 100148900000000 1 Owner FPT LAND TRUST NO 1 Property Address 29 CALLE UNO Owner Address P.O. BOX 787 City/State/Zip ROCKLAND KEY FL 33040 City/State/Zip KEY WEST FL 33041-0787 Phone CASE DESCRIPTION COMPLAINT:WORK WITHOUT PERMIT- DRIVEWAY Et ENTRANCE DOOR .. .. ....... . .... .., ................ COMPLAINT CODE ( S ) 1: CONSTRUCTION WITHOUT PERMIT 2: CONSTRUCTION WITHOUT PERMIT NOTES 2013-03-12 09:48:09 IF THEY ARE RENTING THIS PROPERTY, I DON'T SEE AN ._„_., OCCUPATIONAL LICENSE. SA INSPECTIONS / EVENTS DETAIL OATE „lMr WSlPl;C"SK)N I IG VIENe1.'rYIIPE IIP1l1m"mHc1'10o"11i 1 COMMIEN.'T"S 10-18-2013 09:24:45 REINSPECTION 09-18-2013 09:24:16 COMMENT CODE REVIEWED W ND, SV .,,.... ......... .. 08.19-2013 12:13:47 REINSPECTION SPOKE W J. CLARKE. ROW PERMIT APPLIED FOR,SV RC'D CALL FROM BARTON SMITH ON BEHALF OF 07-15-2013 10:09:33 COMMENT CODE PO IN RESPONSE TO 2ND NOTICE. PLAT/SURVEY INVESTIGATION IN PROGRESS. REQUESTED UPDATES AS AVAILABLE. SV 07-08-2013 10:38:18 REINSPECTION NO PERMITS. SV 07-08-2013 10:29:58 COMMENT CODE PREPARED 2ND COURTESY NOTICE Et SENT TO MARATHON TO BE MAILED. SA 07-08-2013 09:36:58 COURTESY NOTICE/LETTER ISSUED 2ND NOTICE. SV SPOKE WITH PO.WORKING WITH BUILDING AND 05-01-2013 11:20:31 REINSPECTION ENGINEERING.TIME EXTENSION NEEDED. REQUESTED UPDATES AS AVAILABLE. SV 04-18-2013 11:20:00 REINSPECTION NO PERMIT ACTIVITY RELATED TO CASE.WILL REL SV 03-14-2013 13:47:50 COMMENT CODE PREPARED WRITTEN WARNING Et SENT TO MARATHON TO BE MAILED. SA 03-14.2013 13:36:23 COURTESY NOTICEILETTER PREPARED CN TO SA FOR MAILING. SV 03-13.2013 10:08:05 COMMENT CODE RECEIVED SITE PICTURES FROM INSPECTOR PHINNEY. REVIEWED WITH ND. SV 03-13-2013 08:44:23 MAKE VIOLATION MAKEVIO RECORDED VASKOS http://egov.monroecounty-fl.gov�'eGovPlus/code/code dti.aspx?case nog-��CE]3030088 9/30/2013 Code Enforcement Detail Page 2 of 2 03-12-2013 09:47:46 CREATE A CASE COMPLAINT RECORDED BY ATWELLS RECEIVED CALL FROM INSPECTOR PHINNEY OF WORK THROUGH SWO. 03.12-2013 08:54:14 COMMENT CODE SPOKE WITH PO/CONTRACTOR AND DISCUSSED CONTINUED WORK ON SITE. STATES ONLY CLEANING HAD BEEN DONE. ADVISED TO CEASE AND DESIST ALL WORK INVOLVING VIOLATION DUE TO STOP WORK ORDER. SV SENIOR INSPECTOR HELD CONFERENCE CALL w 03-12-2013 08:46:46 COMMENT CODE WITH PO/CONTRACTOR. PO ACKNOWLEDGED VIOLATION AND OBTAINED CORRECTIVE ACTION INSTRUCTIONS.SV RECEIVED EMAIL NOTIFICATION IN A.M. FROM BUILDING INSPECTOR BOWDEN OF VIOLATION AND INTENT FOR BUILDING INSPECTOR 03-12-2013 08:45:10 INITIAL INSPECTION TYPE PHINNEY TO POST SWO.CONDUCTED SITE VISIT MID-DAY AND OBTAINED PICTURE OF POURED CONCRETE DRIVEWAY. NO ONE AT SITE AT TIME OF VISIT AND NO SWO OBSERVED. SV Use of this website constitutes your acceptance of the website disclaim d terms of use. Your privacy is important to us,for more information see our privacy oU Copyright 0 2007-THE PLUS SERIES®-All Rights Reserved http:/�''egov.monroecounty-fl.gov/``eGovPIus/code code dt1.aspx?case ,no=CE13030088 9/30/2013