Resolution 329A-1997
County Attorney
RESOLUTION NO. 329A -1997
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 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 PATRICIA
SAUNDERS AND JENNY L. CRITTENDEN
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WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprel;lensive Plpn .1
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became effective; and
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WHEREAS, development applications "in the pipeline" as of January 4, 199~ar~ subJect ~
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to a determination of vested rights pursuant to Policy 101,18,1 of the Plan; and
WHEREAS, a hearing on the application of Patricia Saunders and Jenny L. Crittenden for
determination of vested rights was held before the County's Vested Rights Hearing Officer,
Randy Sadtler, Esqo on May 15, 1997; and
WHEREAS, pursuant to that hearing, the Hearing Officer promulgated on August 7, 1997,
an Order regarding that application for determination of vested rights; and
WHEREAS, because the Order is insufficiently specific as to the geographic scope.
substantive scope. and duration of the vested rights determination, 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:
Section 1,
The Findings of Fact and Conclusions of Law set forth in the
Recommended Order of the Vested Rights Hearing Officer are approved, The
recommendations of the Hearing Officer (paragraph 6) are replaced and revised as follows:
a) The geographic scope of this Determination is limited to property which is the
subject of Development Order #8-91 (Minor Conditional Use)o
b) The duration of this Determination shall be until January 1, 2000, The rights
,vested hereunder, and Building Permits 96-3-333 and 93-3-334, shall terminate on January 1,
2000,
c) The scope of this Determination is limited to the vesting of the right to construct
the two-single family homes, together with fill, access and dock ancillary thereto, as set forth in
Building Permits 96-3-333 and 93-3-334 and the applicable State and Federal permits (for fill,
accessways and dock)o
d) The work authorized under Building Permits 96-3-333 and 93-3-334 (inclusive of
dock, fill and accessways) shall be completed as authorized thereby, Any additional permits
which may be sought shall be subject to the County's land development regulations in effect
at the time such permit(s) may be issuedo
Section 20
Applicant shall promptly obtain a Certificate of Occupancy for the
single-family home which is now substantially complete, and shall quarterly submit a written
progress report to the Monroe County Director of Growth Management. the first report being
due December 15, 1997, to ensure that development is continuing in good faitho Failure to
timely submit a quarterly report or to continue the work in good faith shall be sufficient cause
for termination of the Determination by the Director of Growth Management,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17thday of September, 1997,
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B~ J.Cf:!1-~
Deputy Cler
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BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Patricia Saunders and Jenny L. Crittendon.
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This cause came on to be heard by the Vested Rights Hearing Officer, who, after having reviewed
the application and exhibits, heard oral presentation of the Applicant and his/her attorney, if any, makes the
following findings offact and conclusions oflaw:
FINDINGS OF FACT
1, The Applicant has taken the following actions to obtain approval for the development sought:
a. July 9, 1991, County Biologist Niko Reisinger prepared a report of a biological survey
of the submerged land upon which the proposed dock was to be placed, the report
indicated that the dock as proposed met the requirement of the Monroe county Code;
b. April 13, 1991, application was made for the construction of the construction of two
single-family residences on the subject property to include the dock which is the subject of
this application;
c. November 15, 1995, a memorandum from Don Horton, Assistant Building Official to
Antonia Gerli, Acting Director of Planning, indicated that the Applicants had been actively
pursuing approvals from the Army Corp of Engineers, Florida Department of
Environmental Protection, Florida Department of Natural Resources and subsequently,
Florida Department of Environmental Protection since October 12, 1990;
d. By letter dated September 23, 1991, Niko Reisinger acknowledge reciept of a "Notice
of Permit Denial" from the Department of Environmental Protection for a fill permit for an
access road to the property and indicated that, pending further approvals, the application
for building permits would be place "On Hold";
e, By cover letter dated August 24, 1993, the Applicants received Florida Department of
Environmental Protection Permit # 442181845 authorizing the fill necessary to construct
the access road reference in paragraph d, above:
f March 20, 1991, the Monroe County Development Review Committee reviewed the
Applicants Minor Conditional Use application for the transfer of. 7 development rights for
which the subject property was the receiver site and recommended approval;
g. Development Order #8-91 was issued August 26, 1991 by Lorenzo Aghemo, Director
of Planning, transferring the development rights from the donor site;
h. In the beginning of 1996, permits were issued by Monroe County for the project as a
whole however, as the issuance of these permits was after the effective date of the Monroe
County Year 2010 Comprehensive Plan, deletion of the dock was required to meet the
requirements of the Plan:
2. The Applicant has been diligent and acting in good faith in pursuing the permit sought and has
substantially changed it's position by continuing to expend a substantial sum ($23,936.00) since first
inquiring of the Planning Department regarding the development potential of the property, at least a portion
of which was expended subsequent to the original submission application, at least attorney's fees and cost
of revised drawings.
3. The development (application process) has commenced and has continued in good faith without
interruption.
CONCLUSIONS OF LAW
4, Item 1 c, d, f, g, and h above constitutes an approval, additionally the Applicant relied on the
Department's suggestion that the permit application would be subject to aggregation and the Department's
suggestion constitutes and approval upon which the Applicant could justifiably rely, Monroe County Year
2010 Comprehensive Plan, Policy 101.18.2 (1)
5. It would be highly inequitable or unjust to affect the rights of the Applicant by requiring the
Applicant to conform with the Plan. Monroe County Year 2010 Comprehensive Plan, Policy 101.18.2
(2)(b ).
6. The Applicant's request for Vested Rights is Granted subject to the following restrictions:
a. The geographic scope of this Determination is limited to the scope relative to the total
area of the development site as contemplated by the original application;
b. The duration of this Determination and its termination shall be as contemplated by the
original application;
c. The substantive scope of this Determination shall be as contemplated by the original
application;
d. By virtue of this determination, the Applicant is entitled to development as
contemplated by the plans as approved and subject to the Monroe County Land Development Regulations
existing January 4, 1996, however, amendments to the Monroe County Land Development Regulations
shall apply if such amendments would have applied to the development notwithstanding Monroe County
Year 2010 Comprehensive Plan.
e. The Applicant is entitled to the construction contemplated by the original application so
long as the construction is timely commenced and subject to quarterly reporting to ensure that development
is continuing in good faith.
DONE AND ORDERED at Marathon, Monroe County, Florida this
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FBN 377163
Vested Rights Hearing Officer