Resolution 332-1998
County Attorney
RESOLUTION NO.3 3 2 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY. EVIDENCING THE BOARD'S APPROVAL OF A RECOMMENDED
VESTED RIGHTS DETERMINATION PROMULGATED BY THE VESTED RIGHTS
HEARING OFFICER. IN RE: THE APPLICATION OF RICHARD LOUD
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, development applications "in the pipeline" as of January 4, 1996 are
subject to a determination of vested rights pursuant to Policy 101.18.1 of the Plan; and
WHEREAS, the application of Richard Loud for determination of vested rights was
heard on April 27, 1998, by J. Jefferson Overby, Vested Rights Hearing Officer, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
The Findings of Fact and Conclusions of Law of the Recommended Vested Rights
Determination of the Vested Rights Hearing Officer are APPROVED, and the application of
Richard Loud is accordingly DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 12th day of
August
,1998.
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BEFORE THE VESTED RIGHTS HEARING OFFICER
Monroe County, Florida
InRe:
Richard Loud
Cutthroat Harbor, Lot 15 and 1/2 of Lot 14, Cudjoe Key
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RECOMMENDED VESTED RIGHTS DETERMINATION
The vested rights application of Richard Loud was heard at a duly advertised and
regularly scheduled public hearing on April 27, 1998. The applicant was not present. Ralf G.
Brookes, Esq. and Timothy J. McGarry, Director of Planning, represented Monroe County.
Issue
Whether the applicant has demonstrated vested rights to develop this property under the
policies set forth in the Year 2010 Monroe County Comprehensive Plan, Objective 101.18, the
approved portions of Ordinance 052-1997 and Monroe County Code Sections 9.5-181 et.seq, (to
be administered and implemented as set forth in the "Agreement between the Department of
Community Affairs and Monroe County" dated February 23, 1998).
Pursuant to the Year 2010 Comprehensive Plan, Policy 101.18(2), the applicant "shall
have the burden of proving:"
(a) "the applicant has reasonably relied upon an official act of Monroe County,"
but also that:
(b) that the applicant made a "substantial change in position...; and
(c) that "development has commenced and continued in good faith without
substantial interruption."
Findings of Fact
Applicant purchased the lots in 1982, The applicant obtained a land clearing permit on
March 19, 1996, presumably under the Monroe County Year 2010 Comprehensive Plan, which
became effective on January 4, 1996. No further actions were taken to obtain additional permits
on this lot, i,e" to construct a home on the property, The applicant does not intend to build until
2006.
Conclusions of Law
A land clearing permit is insufficient to vest any particular development, other than land
clearing. Development on this platted lot has not continued without substantial interruption. No
further permits or approvals were obtained. The applicant has not demonstrated that the Monroe
County Year 2010 Comprehensive Plan prevents or prohibits development of a single family
home on his lots. Further, even if the applicant did qualify for vested rights, which he does not,
Monroe County cannot vest a project for more than two (2) years, Code ~9.5-l84 (construction
must commence within two years), and would expire prior to 2006, The applicant will have to
comply with the rules that are in effect at the time he eventually seeks approval of a building
permit.
WHEREFORE, as Monroe County Vested Rights Hearing Officer, I must recommend to
the Monroe County Board of County Commissioners that the vested rights application be
DENIED.
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DONE AND ORDERED this Z 9 day of June, 1998.