Resolution 334-1998
County Attorney
RESOLUTION NO. 334 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
EVIDENCING THE BOARD'S APPROVAL SUBJECT TO CERTAIN SPECIFIED REVISIONS.
OF A RECOMMENDED ORDER OF DETERMINATION OF VESTED RIGHTS PROMULGATED
BY THE VESTED RIGHTS HEARING OFFICER, IN RE: THE APPLICATION OF MICHAEL
PANIZZA AND FINLEY RICARD
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, pursuant to a hearing on the application of Michael Panizza and Finley Ricard held
by the County's Vested Rights Hearing Officer, Randolph Sadtler, Esq., the Hearing Officer
promulgated on October 30, 1997, an Order regarding that application for determination of Vested
Rights: and
WHEREAS, because the Order contains several errors, omissions and inaccuracies, certain
revisions to the Recommended Order of the Hearing Officer, as enumerated herein, are necessary to
conform the Recommended Order to the provisions of Policy 101.18.1 of the Comprehensive Plan;
now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. Findings of Fact, 1 (a - m) of the Vested Rights Hearing Officer, as set forth in the
Recommended Order. are approved, subject to the following revisions and/or amendments.
a) The property subject to this Vested Rights Determination is identified as Lots 1-5,
Block 2, Cahill Pines and Palms Subdivision, Big Pine Key, Florida. ~ 0 ~ "
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b) A moratorium on new "traffic generating" development was i~e d1Il:Bi~
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Pine Key prior to January 4,1996, the effective date of the County's Year 2010 Com~sive Plat:Q
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However, as noted in Finding 1 (L), the storage use allowed hereby will not generate~~aff.b: ~
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c) Paragraphs 3 and 22 of the Recommended Order shall be co'rrected tSlJeflmt
the proper spelling of the last name of the Director of Planning as "McGarry."
d) On October 30, 1997, the Vested Rights Hearing Officer issued the first of two
Findings of Fact Conclusions of Law and Recommended Orders which determined, inter alia, that
following a conference between the Applicant and Bill Miller, the Applicant concluded that "a
permit was not needed if the storage use of the subject property did not exceed twenty-five per
cent (25%) of the total square footage of the parcel."
e) Notwithstanding the issuance of a second Recommended Order on March 25,
1998, the Findings of Fact, Conclusions of Law and Recommended Order previously issued on
October 30, 1997, was not withdrawn. That" Amended Order" is inconsistent with both the
Recommended Order of October 30, 1997, and with the relief granted to the adjacent property
owner via Resolution No. 138-1997. In an effort to acknowledge and to give effect to the Hearing
Officer's Findings of Fact, dated October 30, 1997, and in the interest of consistency, the Conclusions
of Law and Recommended Order issued on October 30, 1997 are hereby APPROVED, subject to the
revisions set forth herein.
2. The Vested Rights application of Michael Panizza and Finley Ricard is GRANTED as to
the property described in Paragraph 1 (a), above, so as to allow the application referenced in
Paragraph 1 (k) of the Findings of Fact to be reviewed under the provisions of the Monroe County
Land Development Regulations existing on January 4, 1996.
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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absent
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BOARD OF COUNTY COMMISSIONERS
OF MO ROE COUNTY, FLORIDA
By
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Mayor/Chairman