Resolution 202-1999
County Attorney
RESOLUTION NO. 202:-1999
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
TRANSMITTING TO THE VILLAGE OF ISLANDS A RECOMMENDED VESTED RIGHTS
DETERMINATION PROMULGATED BY THE VESTED RIGHTS HEARING OFFICER, IN RE: THE
APPLICATION OF WHALE HARBOR INN, 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 Whale Harbor Inn, Inc. for determination of vested rights was heard
by Vested Rights Hearing Officer Randolph W. Sadtler. but the Hearing Officer's Findings of Fact and
Conclusions of Law were not submitted prior to the incorporation of the Village of Islands, which now
has jurisdiction, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
that the Findings of Fact and Conclusions of Law shall be transmitted to the Village of Islands so that
the Village may take action on the Vested Rights application of Whale Harbor Inn, Inc.
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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Mayor/Chairman
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Depu ler G
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BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE COUNTY, FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
WHALE HARBOR INN, INe.
Part of Tract 1, Russell Estates,
RE 403980-0001000, MM 83, Islamorada.
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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 of law:
FINDINGS OF FACT
I. The Applicants has taken the following actions to obtain approval for the development sought:
a, The Applicant applied for a building permit for the construction of an elevated
walkway and exhibition gazebo, the application being assigned number 93-3-12473;
b. By letter dated February 2, 1994, Silvia Vargas, Development Review Planner, denied
the issuance of the permit finding that the construction requested would violate the
setback requirements under the circumstances presented by the application;
c, The Applicant appealed the administrative decision to the Monroe County Planning
Commission;
d, September 7, 1994, Resolution P42-94 was issued by the Planning Commission which
reversed the administrative decision based on the clear and unambiguous of S95-286 (a),
a copy of the resolution is attached as exhibit 1;
e, Notwithstanding of the Planning Commission, additional requirements were placed on
the Applicant which were not required by the Code but were considered an aesthetic
improvement by staff to which the Applicant agreed;
f Subsequent to the Planning Commission's decision, Diane Bair, FEMA Coordinator,
required the Applicant to obtain an engineering analysis of the gazebo for the purpose of
determining if the gazebo could withstand hurricane conditions
2. The Applicant has been diligent and acting in good faith in pursuing the pemlit sought and has
substantially changed its position by continuing to expend a substantial sum (in excess of $8,000.00) since
commencement of the development
3, The development (application process) has commenced and has continued in good faith without
interruption,
CONCLUSIONS OF LAW
4. Item I d above constitutes an 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 ofthis Determination is limited to the scope relative to the
total area of the development site as contemplated by the application;
b, The duration of this Determination shall not exceed two years;
c. The substantive scope of this Detemlination 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
nonvithstanding 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 ~ay of
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, 1998,
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FBN 377163
Vested Rights Hearing Officer