Resolution 109-1999
County Attorney
RESOLUTION NO. 109 -1999
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 THOMAS AND PATRICIA COLLINS
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 matter of Thomas and Patricia Collins for determination of vested rights
was heard by Vested Rights Hearing Officer Larry Erskine, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Findings of Fact and Conclusions of Law are APPROVED and the Vested
Rights application of Thomas and Patricia Collins is accordingly, DENIED.
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
Commis~ione.( George Neugent
com.. ..r:fl. J~..ie~~~.~....,..... ry Kay Reich
Cor'!l~'.&~'~" , " . Williams
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Attest: DA~~yE. Clerk
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Deputy Clerk
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PASSED AND ADOPTED by the Board of County Commissioners of ~o~e =ol!!!!y,
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By .'\'
Mayor/Chairman
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BEFORE THE VESTED RIGHTS HEARING OFFICER
MONROE COUNTY, FLORIDA
In Re: the application of: Thomas and Patricia Collins;
Lots 1 & 2, Doctor's Arm Subdivision, Third Addition,
according to the plat thereof as recorded in Plat Book 6,
Page 39 of the Public Records of Monroe County, Florida.
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RECOMMENDED ORDER DENYING VESTED RIGHTS
TillS CAUSE came on to be heard by the Monroe County Vested Rights Hearing Officer
on April 28, 1998, The undersigned reviewed the application and exhibits, and heard the
testimony of the Applicants and Rudy and Roseanne Krause, Finally, the undersigned heard
argument of counsel on behalf of the Applicants and Monroe County. Subsequent to the hearing
referred to hereinabove, the undersigned received and reviewed the following:
a. A Memorandum of Law submitted by the Applicants;
b. A Response to the Applicant's Memorandum of Law submitted on behalf of
Monroe County;
c. A transcript of the hearing,
Being fully advised in the premises, the undersigned makes the following findings of fact
and conclusions of law:
FINDINGS OF FACT
1. The Applicants acquired one of the subject lots on June 4, 1987, and the other lot on
April 25, 1991.
Page 1
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2. Prior to the effective date of the Year 2010 Comprehensive Plan, the Applicants
expended approximately $5,400.00 to construct rip rap for revetment repair,
3. In January of 1997, approximately one year after the effective date of the Year 2010
Comprehensive Plan, the Applicants expended approximately $27,000.00 to obtain house plans,
surveys, a ROGO lot, and permit fees.
CONCLUSIONS OF LAW
IT IS THEREFORE, the recommendation of the undersigned that:
4, The Applicants' request for relief based on Applicants' interpretation of Section
380.05(18), Florida Statutes, be denied in accordance with the ruling of the undersigned in RE:
the applications of: ABBOTT, et aI.
DONE AND ORDERED in Monroe County, Florida, this I ~ day of November, 1998.
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LARRY R. ERSKINE, ESQ.
VESTED RIGHTS OFFICER
FLORIDA BAR #313521
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and exact copy of the foregoing was mailed via U.S.
Mail to: James Mattson, Esq., Mattson & Tobin, P.O. Box 586, Key Largo, FL 33037 and
Karen Cabanas, Esq., Morgan & Hendrick, 317 Whitehead Street, Key West, FL 33040; this
~ day of November, 1998. __ /1
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LARRY R. ERSKINE, ESQ.
MEYER & ERSKINE
31211 AVENUE A
BIG PINE KEY, FL 33043
j305) 872-3400
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