Resolution 252-1999
County Attorney
RESOLUTION NO. 252 -1999
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS' OF MONROE
COUNTY, EVIDENCING THE BOARD'S APPROVAL OF A RECOMMENDED
BENEFICIAL USE DETERMINATION PROMULGATED BY THE SPECIAL MASTER, IN
RE: THE APPLICATION PAGE THARPE
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, the application of Page Tharpe for determination of beneficial use was
heard by Special Master J. Jefferson Overby on October 26, 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 and recommendations of the Special
Master as set forth in the proposed determination are APPROVED and the application of
Page Tharpe is accordingly APPROVED, subject to the conditions listed in the Proposed
Beneficial Use Determination, dated February 28, 1999.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 9th day of June, 1999.
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BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Page Tharpe- Beneficial Use
Application
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PROPOSED
BENEFICIAL USE DETERMINATION
The above entitled matter was originally heard at a duly-advertised and regularly
scheduled, public hearing on October 26, 1998, by J. Jefferson Overby, designated
Beneficial Use Special Master. Page Tharpe, applicant who was present, was represented
by Alan Schmidt, who was also present, and Assistant County Attorney Garth Coller,
Planning Director Timothy 1. McGarry, Director of Planning and Ross Alliston, Director
of Monroe County Division of Environmental Resources, represented Monroe County.
ISSUE
Whether the applicant will be denied all reasonable economic use of h~r property
by application of Policy 204.2.6 of the Year 2010 Comprehensive Plan, and whether the
applicant is entitled to relief under Policies contained in Objective 101.18 of 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 1987, which is a lot of
record, located at Lot 3, Block 1, Vaca Village, Marathon (RE #00327930). The subject
lot is vacant with no access to water and is zoned Suburban Residential (SR). The lot is
characterized as "disturbed with exotics with some native palms and trees.
2. The Applicant has no permitting history.
3. The Suburban Residential zoning of the subject property allows detached
dwellings and accessory uses. As of right; attached dwellings and low intensity
public/institutional uses; and public parks, as a minor conditional use. KA minimum lot
size of two acres is required for one residential dwelling, unless sufficient TDRs are
transferred to the site.
CONCLUSIONS OF LAW
4. The Applicant's lot is designated Suburban Residential (SR), which allows
the uses as stated in paragraph #3 above.
5. Application of Policy 204.2.6 of the 2010 Comprehensive Plan has
rendered the lot unbuildable.
A. The comprehensive Plan doubled the minimum lot size required
for TDRs, with minimum square feet at 17,424. This property is only 13,200 sq. feet.
B. The applicant has no ability for obtaining a variance from the
regulations for this lot which prevent development.
C. The applicant filed a timely application for determination of
beneficial use.
D. Although adjacent properties could be combined to meet minimum
lot size, none are vacant or available as they are smaller on one side and zoned
differently.
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6. Pursuant to Policy 101.18.5 and Section 4(D) of the Agreement between
DCA and Monroe County, I have considered:
A. the economic impact of the Policy (or regulation) that prohibits
development on the applicant's lot, which is located within a Suburban Residential
zoned area; and
B. the extent to which the regulation has interfered with the
applicant's reasonable investment-backed expectation that some use could be made of
this lot.
7. The Planning Department has admitted that the applicant has been denied
all reasonable economic use of her property.
8. A strict application of Policy 204.2.6 would prevent or prohibit the
applicant from developing a single family dwelling on this lot.
9. Although just compensation is the preferred option under Policy 101.18.5,
it is not the preferred option in this case because there are no environmental policy
concerns nor regulations necessary to protect the public, health, welfare or safety. The
land authority is not interested in acquisition of this undersized lot.
WHEREFORE, I recommend to the Board of County Commissioners that a final
beneficial use determination be entered recommending limited development of the
subject property by the applicant subject to the following conditions:
1, The applicant shall submit a complete application for a single family
dwelling unit allocation within six months;
2. The applicant shall be required to go through the County's Rate of
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Growth Ordinance (RaGa), and shall be bound by all current and future County Land
Development Regulations; except for the density requirements of the 2010
comprehensive Plan;
3. The Beneficial use determination shall not exceed five years and is
contingent upon the applicant's releasing Monroe county from all liability , if any, past,
present" and or future, with regards to the subject property; and
4. The applicant shall have two years from the date of her allocation award
to complete construction of the proposed single family residence.
5. The terms stated above will be binding on any and all subsequent
purchasers/owners of record, their successors and assigns.
DONE AND ORDERED this 28th day of February, 1999.
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