Resolution 173-1999
County Attorney
RESOLUTION NO. 173 -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 PAUL TRIPP AND OCEANSIDE MARINA. INC
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 Paul Tripp and Oceanside Marina, Inc, for determination of vested
rights was heard by Vested Rights Hearing Officer Randolph W, Sadtler, 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 Paul Tripp and Oceanside Marina, Inc. is accordingly, DENIED,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 14th day of April , 1999.
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
C.. _' 'oner George Neugent
:"~ r Mary Kay Reich
""~ '.,. Nora Williams
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Attesf'~~-L.1COLHAGE, Clerk
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APPROVED AS TO FORM
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BEFORE mE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
IN RE:
THE VESTED RIGHTS APPLICATION OF:
Paul Tripp and Oceanside Marina, Inc.
I
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 hislher
attorney, if any, makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
I. A pre-application conference was held between Planning staff and the developer
November 10, 1993.
2. A Letter of Understanding was issued by the Monroe County Planning Director April
26, 1994 referring to the development of a 2,499 square foot restaurant.
3. Building permit 94-1-659 was issued for the construction of a 2,499 square foot
restaurant.
4. The record indicates that the construction contemplated by building permit 94-1-659
was completed and November 16, 1995, the applicant submitted building permit
application 95-1-1650 for a 2,300 square foot expansion of the existing restaurant.
CONCLUSIONS OF LAW
5. 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)
6. 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) (1).
7. 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
8. Accordingly, it is recommended that the application be DENIED.
DONE AND ORDERED at Marathon, Monroe County, Florida this ~ of
~, 1998.
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FBN 377163
Vested Rights Hearing Officer