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Resolution 174-1999 County Attorney RESOLUTION NO. 174_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 FRANKLIN 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 Franklin for determination of vested rights was heard by Vested Rights Hearing Officer Larry R. 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 Franklin 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 Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams yes yes yes yes yes 3: 0 \.0 ." l..'? \.0 - -;'# l.'> r- ""- :x ;;:0 ('") :1~ I"TJ O,~l' > -< 0 rrJ A -. I ." ('") . ro' o ('") . .. C) c:: - _. :::0 :z :::0-:::,' -0 -i . (...; ::r: :::0 ('")1 ,." =<-l::T.: ". ::r:- ~ ("') r- C> W 0 J> rrJ :::0 0\ 0 ~;~"\ KOLHAGE. Clerk ,'" "'!/'.1~".J"J ,;, '\ ""'"'t A_., ~ ,,:i ~,.,~ ~ . ',"-' It ,il. '''', ~ \ \:B~l '. ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ,::;;.:., · .. ~..... e.,.t\....... _, ~ ~'\,.,",\\'--'"'......... -y- ~ ~ Mayor IChairman jvrfranklin ~. BEFORE THE VESTED RIGHTS HEARING OFFICER MONROE COUNTY, FLORIDA In Re: the application of: Thomas Franklin Dom's Subdivision, Lot 17, Big Torch Key I RECOMMENDED ORDER DENYING VESTED RIGHTS TIllS CAUSE came on to be heard by the Monroe county Vested Rights Hearing Officer on April 27 and 28, 1998. Tne Applicant had previously appeared before Randolph W. Sadtler, Esq., then Hea..ring Officer. At that previous hearing, and subsequently documented by three handwritten letters, the Applicant asked that his request for vested rights be decided with the consolidated ~ 380.05(18) ., applications in Abbott, et ai. The undersigned reviewed the application and exhibits, and in the absence of the Applicant, heard and considered argument of counsel on behalf of the applicants and Monroe County in the cases referred to hereinabove. Being fully advised in the premises, the undersigned makes the following findings of fact and conclusions oflaw: FINDINGS OF FACT 1. The Applicant purchased the lot in 1971. 2. The Applicant has made no expenditures or improvements since 1971. Further, the Applicant did not apply for a Vested Rights Detennination under the 1986 comprehensive Plan or the 1992 ROGO Vested Rights Provision. CONCLUSIONS OF LAW 3. In order to obtain a determination of vested rights, the Applicant must fIrst establish that he reasonably relied upon an official act by the County. The recordation of a subdivision plat may constitute such an official act, and Applicant relies upon same. 4. Next, the Applicant must demonstrate that, acting in good faith, he made such a substantial change of position or he has incurred such extensive obligations and expenses that it would be highly inequitable or unjust to affect those rights by requiring him to now conform to the current comprehensive plan and land development regulations. The Applicant provided no documentation of expenditures to establish vested rights on the subject lot. Further, the Applicant did not timely move for a vested rights determination under the 1986 Comprehensive Plan or the 1992 ROGO Vested Rights Provision. 1 5. Under the third prong of the vested rights provision, the Applicant has the burden of establishing "that the development has commended and has continued in good faith without substantial interruption. Inasmuch as the Applicant has made no expenditures or improvements since 1971, the passage of approximately twenty-seven years would constitute a substantial interruption. IT IS THEREFORE, the recommendation of the undersigned that: 6. The Applicant's Request For Vested Rights be denied. 7. Further, the Applicant's request for relief based on Applicant's intexpretation of Section 380.05(18), Florida Statutes, be denied in accordance with the ruling of the undersigned in RE: the applications of: ABB01T, et ai. DONE AND ORDERED in Monroe County, Florida, this ! / rl1 day of January, 1999. ~ 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: Thomas Franklin, 3403 S. Gardenia Drive, Tampa, Florida 33629-8207 and Karen Cabanas, Esq., Morgan & Hendrick, 317 Whitehead Street, Key West, FL 33040; this .l.f!:!...day of January, 1999. LARRY R ERSKINE, ESQ. MEYER & ERSKINE 31211 AVENUE A BIG PINE KEY, FL 33043 (305) 872-3400 (305) 872-4822 FAX 2