Resolution 201-1999
County Attorney
RESOLUTION NO. 201-1999
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 JEFFREY l. FRYE.
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 Jeffrey L. Frye 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 Jeffrey L. Frye is accordingly, APPROVED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 12th day of
May
,1999.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BEFORE THE VESTED RIGHTS HEARING OFFICER
IN AND FOR MONROE COUNTY, flORIDA
IN RE: THE VESTED RIGHTS APPLICATION OF:
JEFFERY l. FRYE
Matecumbe Ocean Bay Section 2,
RE 0397130, MM 77, Islamorada
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THIS CAUSE came on to be hard 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 finds of fact and conclusions of law:
FINDINGS OF FACT
1. The Applicant has taken the following actions to obtain approval for the
development sought:
a. Building Permit No. 94-3-2333 was issued for the construction of a replacement
single family residence (commercial apartment) and 425 square foot office and 1160 square
foot office storage enclosure below base flood elevation.
b. For reasons which are unexplained, Building Permit 94-3-2333 lapsed after a
significant amount of construction on the structure had been completed.
c. Building Permit 96-3-416 was issued on July 8, 1996, for the completion of the
residential portion of construction commenced under Building Permit 94-3-2333; however, the
commercial portion of the original permit was not approved by the Planning Department
due to the enactment of the 2010 Comprehensive Plan on January 4, 1996, instituting
Policy 101.3.1 (non-residential permit allocation system).
2. The Applicant has been diligent and acting in good faith in pursuing the development
sought and has substantially changed its position by continuing to expend a substantial sum in the
construction of the primary structure and pursuing State and Federal permits required for the dock.
3. The development (application process) has commenced and has continued in good
faith without interruption.
CONCLUSIONS OF LAW
4. Item 1 c above constitutes approval upon which the Applicant could justifiably rely.
Monroe County Year 2010 Comprehensive Plan. Policy 10 1.18.2( 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.l8.2(2j(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 Permit #94-3-2333.
b. The duration of this Determination shall not exceed two years.
c. The substantive scope of this Determination shall be as contemplated by the
permits as set forth above.
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 P/an.
e. The Applicant is entitled to the construction contemplated by the permits set
forth above so long as the construction is timely commenced and subject to quarterly
reporting to ensure that development is continuing in good faith.
DONE ND ORDERED at Marathon, Monroe County, Florida, this � 1' day of
�� , 199
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Randol W. Sadtt Esquire
FBN 377163
Vested Rights Hearing Officer
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