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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. ::z ~;. :J:IIoc:::"',.." :;:0 C"'; :::j,; ......., .-.. 0,..-; .., '-' yes rrl;x"'"'. N ." yes g~: ~ absent c-::;::;~ ...... z:- 0 > ::u :v e s ..... ('? , ::I: I"T1 yt:::s :<.....= S.,. ('") . '"'1. :;po 0 , c;) (",) ;:0 1> ,." c..,) 0 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Florida, at a regular meeting of the Board held on the L. KOLHAGE, Clerk By ~- 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, ( / -' '..(.-<...- J. ~ffer~ Overby M6nroe ounty Vested Hearing Officer