Resolution 204-1999
County Attorney
RESOLUTION NO.204 -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 HEARING OFFICER, IN RE: THE APPLICATION
OF DAVID RICHARDSON, TRUSTEE AND JOHN W. THATCHER, TRUSTEE
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 David Richardson, Trustee and John W. Thatcher, Trustee for
determination of vested rights was heard by Vested Rights Hearing Officer Larry R. Erskine, on April 27,
1998; 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 David Richardson, Trustee and John W. Thatcher, Trustee is accordingly, GRANTED on the terms
and conditions listed in the Recommended Vested Rights Order, dated March 25, 1999.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe C~tyJlor~, ~a
regular meeting of the Board held on the 12th day of May, 1999. ?}j{).ioc, ~ ~
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
-,' "CcimRJissioner George Neugent
Commitsioner Mary Kay Reich
Commissioner Nora Williams
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Mayor/Chairman
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BEFORE THE VESTED RIGHTS HEARING OFFICER FOR
MONROE COUNTY, FLORIDA
IN RE THE PETITION OF DAVID
RICHARDSON, TRUSTEE, and JOHN
W THATCHER, TRUSTEE, FOR
ACKNOWLEDGEMENT OF VESTED
RIGHTS
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RECOMMENDED VESTED RIGHTS ORDER
This cause came on to be heard by the Monroe County Vested
Rights Hearing Officer on April 27, 1998. After reviewing the
application and exhibits, hearing oral presentations of the
Applicants, and considering argument of counsel, and being other-
wise fully advised in the premises, the Hearing Officer recom-
mends the following findings of fact and conclusions of law.
I. FINDINGS OF FACT
1. The applicants' property is located on Key Largo, and
is described as:
A strip of land 440 feet wide extending from the
Overseas Highway to the shoreline of Florida Bay, the
Southwesterly line of which is parallel with and 1900 feet
distant Northeasterly from the Agreed Boundary line between
Southcliff Estates and O.K. Thompson Property, according to
the plat of said property recorded at Plat Book 2, at Page
67, of the Public Records of Monroe County, Florida; said
strip of land being known as Tracts 20, 21, 22 and 23 and
the Northeasterly 40 feet according to survey of property
between the Overseas Highway and the Florida Bay, lying
North of the Agreed Boundary line, said tracts of land being
in Section 12, Township 62 South, Range 38 East and a part
of Government Lot 3, Monroe County, Florida.
Applicants acquired the subject property in 1983.
2. On July 14, 1994, Applicants submitted applications for
two (2) building permits to build a total of two (2) single-
family
residence
on
the
subject
property.
These
permit
1
. II.
applications, 94-3-2393 and 94-3-2394, went into the ROGO (Monroe
County Ordinance No. 16-1992) queue on January 6, 1995. On
September 25, 1996, Monroe County informed Applicants that the
Year 2010 Plan reduced the density on the subj ect property by
50%. Monroe County then ~expelled" Applicants from the ROGO queue
until such time as they either (a) acquired additional land to
support two dwelling units, or (b) reduced their request for
development from two units to one.
3. Applicants expended $19,221 for surveys, plans, permit-
ting fees, and OSTDS approvals.
4. Applicants seek relief (a) restoring them to their
position in the ROGO queue as if they had never been ~expelled,"
(b) restoring the perseverance points that they would have if not
~expelled" from the queue on September 25, 1996, and (c)
relieving them of the adverse impact of the 50% density reduction
in the Year 2010 Comprehensive Plan.
5. At the hearing, the Monroe County Attorney and the
County Planning Director stated the County has no obj ection to
granting the relief sought by applicants.
II. CONCLUSIONS OF LAW
1. Applicants reasonably relied on the regulations in
effect at the times they applied for two building permits, and
expended substantial funds in reliance thereon.
2. Applicants' actions were in good faith, and in reliance
upon Monroe County's regulations and acceptance of their permit
applications. They incurred such extensive expenses that it would
be highly inequitable to require strict conformance to the
2
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requirements of the 2010 Comprehensive Plan,
or to land
development regulations adopted after the permits were applied
for.
IT IS THEREFORE, the recommendation of the Hearing Officer
that Applicants' vested rights be acknowledged by Monroe County,
and their Petition for Vested Rights be GRANTED, on the following
terms and conditions.
a. Building Permit Applications 94-3-2393 and 94-3-2394 are
restored to the ROGO queue as if they had been in the
queue continuously since January 6, 1995, as are the
perseverance points that would have been earned; and
b. The density reduction, from 1 single-family home per
acre to 0.5 single family home per acre, that went into
effect on January 6, 1995, as part of Monroe County's
Year 2010 Plan, shall not apply to the subject property.
day of
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Monroe County,
Florida
DONE AND ORDERED in
this
)..5~
, 1999.
4~
Larry R. Erskine, Esq.
Vested Rights Officer
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