Resolution 203-1999
County Attorney
RESOLUTION NO. 203 -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 MCF FRAMING & TRIM. 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 MCF Framing & Trim. 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 MCF Framing & Trim, Inc. is accordingly. DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida, at a
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
/-' 'Commissioner George Neugent
{: Commis~~ner Mary Kay Reich
,::Ii:..com.,;,rniSSi!er Nora Williams
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regular meeting of the Board held on the 12 th
day of
May ,1999.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By ~~^^-N"\ ~~ ON'.. ,
Depu lerk 0
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By ~ ,1:1 L.,L: ""^ v ~ """'--~ _,
Mayor/Chairman
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BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE COUNTY, FLORIDA
INRE:
THE VESTED RIGHTS APPLlCA nON OF:
M C F FRAMING & TRIM, INC.
Lots 11 and 12, Block 11, Twin Lakes Subdivision,
RE00549521146139 and 00549511146139, MM 102, Ke~' Largo
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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 hislher attorney, if any, makes the
following findings offact and conclusions oflaw:
FINDINGS OF FACT
1. The Applicants has taken the following actions to obtain approval for the development sought:
a, The applicant purchased the property, which is the subject of this application April2,
1995 at a cost of$52,000,00;
b. The development sought to be vested is "as of right" for the land use district in which
the subject property is located;
c. From the date of purchase through the effective date of the Plan, the applicant has
diligently attempted to develop the property by retaining the services of professionals
necessary to develop the plans for the development;
d. As of the effective date of the plan, application for a sewage system had been submitted
to the Florida Department of Health and Rehabilitative Services (Monroe County Health
Unit) however, no permit had issued;
e. an application for a building permit was (#96-3-870) was submitted to Monroe County
March 22, 1996, after the effective date of the Plan. .
CONCLUSIONS OF LAW
2. 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)
3. 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).
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4. The facts set forth above fail to establish that the Applicant relied on any "official act" by the
County and applied for a permit after the effective date of the Plan.
5. Accordingly, it is recommended that the application be DENIED,
,t?~ay of
DONE AND ORDERED at Marathon, Monroe County, Florida this
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FBN 377163
Vested Rights Hearing Officer