Resolution 333-1998
County Attorney
RESOLUTION NO.3 3 3 -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 STANLEY WEEKS.
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 Stanley Weeks 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
Stanley Weeks is accordingly DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Deputy Cle
jvrresweeks
12th day of A~us:b ~1?iB.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Florida, at a regular meeting of the Board held on the
L. KOLHAGE, Clerk
By
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BEFORE THE VESTED RIGHTS HEARING OFFICER
Monroe County, Florida
In Re:
Weeks, Stanley
Mate's Beach, Lot 34, Little Torch Key
I
RECOMMENDED VESTED RIGHTS DETERMINATION
The vested rights application of Stanley Weeks was heard at a duly advertised and
regularly scheduled public hearing on April 27, 1998. The applicant was not present. RalfG.
Brookes, Esq. and Timothy J. McGarry, Director of Planning, represented Monroe County.
Issue
Whether the applicant has demonstrated an entitlement to vested rights to develop this lot
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
This lot was platted in 1955. It is unknown when the applicant purchased the lot, but the
application stated that he is in the "planning stages only..." The applicant has not sought or filed
an application for a building permit or sought any other governmental approvals on the lot. Nor
did the applicant seek vesting under any previous comprehensive plans or land development
regulations, including the 1986 Plan and LDRs that became effective on September 15, 1996 or
the Rate of Growth Ordinance. Code ~9,5-121(d).
Conclusions of Law
Although a recorded plat may constitute an official act under 101. 18(2)(a), there has been
no demonstration of reasonable reliance or a substantial change of position, Further, this
applicant has not shown that development of the platted lot has commenced and continued
without substantial interruption under the third prong of Policy 101.18(2)(c). Nor has the
applicant demonstrated that the 2010 Plan somehow prohibits or prevents him from completing
development of a single family home on this lot in any way. This 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.
11-
DONE AND ORDERED this t:L day of June, 1998,
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J. ~ffer~ Overby
M6nroe ounty Vested
Hearing Officer