Resolution 206A-1999
County Attorney
RESOLUTION NO. ?OfiA-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 PATRICIA A. SALTZMAN
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 Patricia A. Saltzman for determination of vested rights was heard by
Vested Rights Hearing Officer J. Jefferson Overby on January 25, 1999; 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 Patricia A. Saltzman is accordingly, DENIED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
-\.~.._c;.'?mmissioner George Neugent
~...../.-. ....... c... omm..... ,is.SiO ner Mary Kay Reich
~, . Commi.~ioner Nora Williams
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\ Attest: DANNYJ. KOLHAGE, Clerk
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regular meeting of the Board held on the
day of May, 1999.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By \?.1; (;l ~. ~~~
Deputy lerk
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Mayor/Chairman
jvrsaltzman
VESTED RIGHTS
MONROE COUNTY SPECIAL MASTER
IN RE: PATRICIA A. SALTZMAN- Vested Rights
Application
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PROPOSED
DENIAL OF VESTED RIGHTS APPLICATION
The above entitled matter was heard at a duly-advertised and regularly scheduled,
public hearing on January 25, 1999, before J. Jefferson Overby, designated Vested
Rights Special Master. Patricia A. Saltzman, applicant, represented herself. Assistant
County Attorney Karen Cabanas and Planning Director Timothy J. McGarry, Director of
Planning represented Monroe County.
ISSUE
Whether the applicant has demonstrated that her subject property is eligible for
vesting by application of Policy 101.18.1 of the Year 2010 Comprehensive Plan, and
sections 9.5-183(a)-(b) ofthe Land Development Regulations of Monroe County and
whether the applicant is entitled to relief under Policies contained in the Year 2010
Comprehensive Plan (as administered and implemented in the "Agreement between the
Department of Community Affairs and Monroe County" dated February 23, 1998), the
approved portions of Ordinance 052-1997 and the Monroe County Code.
FINDINGS OF FACT
1. The Applicant purchased the subject property in, June 1972, which are
lot(s) of record, located at Lots 1,2,3, & 28, Block 5, Sunrise Point, as recorded on Plat
Book 3, Page 11 (in Key Largo). The property is currently zoned Improved Subdivision
(IS) and Suburban Commercial (SC).
2. At the time of purchase, the property was zoned SC and IS. The property
was originally platted in 1951.
3. In October, 1987, the applicant filed an application for a map amendment
from IS to SC. The Planning department recommended denial of that application. The
applicant was so notified in writing by then County Administrator Don Craig in
September 1988.
4. On January 2, 1997, the applicant filed her vested rights application with
the County.
5. The Applicant has not received any permit approvals or other
development approvals from any government agency.
6. Applicant has stated that her only costs have been a survey, drawing map
application fee and vested rights application fees ( other than original purchase price).
CONCLUSIONS OF LAW
7. The Applicant's lots are designated Improved Subdivision (IS) and
Suburban Commercial (SC), which allows for building on a combination of these lots,
except for the changes now occasioned by the 2010 Plan.
8. Application of Policy 101.18.1 of the Comprehensive Plan has specified
the criteria and standards for making the proper determination of Vested Rights:
A. Time limitations on submission. The applicant needed to apply for
vested rights determination prior to the one year deadline imposed by the plan or before
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September 15, 1997. This she complied with.
B. Existence of a valid unexpired official act. The applicant is
required to document that a valid, unexpired "official act", approving the proposed
development occurred prior to the effective date of the Plan. This she has not done, nor
has she demonstrated that the subject properties meet any of the criteria that constitute a
"valid ,unexpired official act ofthe County.(for the sake ofthe record they are listed next)
1. Good faith reliance on an official act of the County.
2. Incurred substantial obligations in reliance of representations and
changed positions as a result.
3. The development has commenced and continued in good faith
without substantial interruption.
9. The applicant has failed to demonstrate that the 2010 Plan prohibits or
prevents development of her combined lots.
WHEREFORE, I recommend to the Board of County Commissioners that a final
vested rights determination be entered denying vesting of the subject pi/ope . es.
DONE AND ORDERED this 28th day of b 99 . _ /
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