Resolution 172-1999
County Attomey
RESOLUTION NO.172 -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 CONCH CONTRATA. l. C.
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
Vested Rights Hearing Officer Randolph W. Sadtler, now therefore
WHEREAS, the matter of Conch Contrata, L.C. for determination of vested rights was heard by
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 Conch Contrata, L.c. is accordingly, DENIED.
regular meeting of the Board held on the 14th day of April
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
,1999.
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BOARD OF COUNTY CO~ISS1DN.S
OF MONROE COUNTY, FLORIDA
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Attest;J~~NY L. KOLHAGE, Clerk
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By ,
Mayor/Chairman
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BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Conch Contrata, L.e.
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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 of fact and conclusions oflaw:
FINDINGS OF FACT
1. The Applicant submitted an application for a building permit December 12, 1995.
2. The application suggests that for some period of time prior to the filing of the
application the Applicant was involved with Planning and Building staff regarding the proposed
project.
3. The application is silent as to any approvals or permits issued prior to the effective
date of the Plan.
CONCLUSIONS OF LAW
4. Vested rights may be granted where the applicant has "relied on an official act by the
county". Monroe County Year 2010 Comprehensive Plan, Policy 101.18.2 (2) (a)
5. An official act may by be "one or more valid, unexpired permits or approvals".
Monroe County Year 2010 Comprehensive Plan, Policy 101.18.2 (2)(a) (I).
6. The facts set forth above fail to establish that there was a "valid, unexpired permit or
approval" for the benefit of the Applicant as of the effective date of the Plan
7. Accordingly, it is recommended that the application be DENIED.
DONE AND ORDERED at Marathon, Monroe County, Florida this ;?~ay of
~, 1998.
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andolph . Sadtl , EsquIre
FBN 377163
Vested Rights Hearing Officer