Resolution 253-1999
County Attorney
RESOLUTION NO. 253 -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 OF ROBERT A. MASSARON
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, the application of Robert A. Massaron for determination of beneficial use
was heard by Special Master J. Jefferson Overby on January 28, 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 and recommendations of the Special
Master as set forth in the proposed determination are APPROVED and the application of
Robert A. Massaron 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.
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
Commissioner George Neugent
._ ~Omt:t:issioner Mary Kay Reich
,,!:\'.~,.'Commlssioner Nora Williams
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BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: ROBERT A. MASSARON- 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 January 28, 1999, by 1. Jefferson Overby, designated
Beneficial Use Special Master. Robert A. Massaron, Applicant, represented himself.
Assistant County Attorney Garth Coller and Planning Director Timothy J. McGarry,
Director of Planning represented Monroe County.
ISSUE
Whether the applicant will be denied all reasonable economic use of his property
by application of Policies 203.1.3 and 204.24 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's father (recently deceased) purchased the subject property
in 1984, which is a lot of record, located at Lot 14, Block D, Piney Pointe Subdivision,
Big Pine Key, (RE# 00246760-000000). The subject lot is zoned "Improved Subdivision
- Masonry" and contains a structure that is approximately 1/3 completed. Applicant
received full title, through the courts in late 1998.
2. The Applicant's father obtained a valid building permit(#92-1-5499) to
construct a single family residence in 1992. Due to the father's history of dementia and
other health problems the permit was allowed to expire without having been renewed
( something that is normally granted upon application).
3. According to the Applicant, over $70,000.00 have been spent on
construction costs. According to the property Appraiser, the 1998 assessed value of the
property was $40,458.00.
CONCLUSIONS OF LAW
4. The Applicant's lot is designated Improved Subdivision - Masonry, which
allows one single family- detached masonry residential dwelling and accessory uses to be
permitted on this lot, except for the changes now occasioned by the 2010 Plan.
5. Application of Policy 203.1.3 of the 2010 Comprehensive Plan has
rendered the lot unbuildable.
A. Both RaGa and the building moratorium on Big Pine Key have so
restricted building in this unique case as to deprive the owner of "all reasonable economic
use of his property."
B. No Big Pine Key applicant has received a RaGa allocation since
the institution of the new RaGa scoring of the 2010 Comprehensive Plan.
C. Public interest concerns should be weighed in this determination.
6. Pursuant to Policy 101.18.5 and Section 4(D) of the Agreement between
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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 an Improved Subdivision; and
B. the extent to which the regulations have interfered with the
applicant's reasonable investment-backed expectation that some use could be made of
this lot.
C. Staff s recommendations and whether or not public interests are
served.
7. The lot is located within an improved subdivision that is partly developed.
8. A strict application of Policy 203.1.3 and Policy would prevent or prohibit
the applicant from completing the development of a single family dwelling on this lot.
9. Although just compensation is the preferred option under Policy 101.18.5,
neither the applicant is interested in selling, nor the land authority is interested in the
acquisition of this 1/3 completed structure which is located in a mostly-developed, small-
lot subdivision.
10. Limited development of this lot should be approved as the minimum
necessary to avoid a taking based on current land use case law, and that this lot is suitable
for development under specific conditions.
WHEREFORE, I recommend to the Board of County Commissioners that a final
beneficial use determination be entered approving limited development on this lot
subject to the following conditions:
1. The applicants shall be allowed to submit a complete, new building
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permit application for completion of a single family dwelling unit on the subject lot,
within 180 days, including obtaining approval from the Department of Health of the on-
site waste-water treatment and disposal unit. This approval shall be limited to the original
footprint of the site as submitted in the original permit granted to this property ( permit
#92-1-5499) regardless of any changes in wetland and environmental setback and open
space requirements enacted by the 2010 Comprehensive Plan.
2. This Beneficial use determination shall not exceed seven (7) years
and is contingent upon the applicant's releasing Monroe County from all liability , if any,
past, present and future, with regards to the subject property.
3. The applicant shall be required to obtain an allocation under the
County's Rate of Growth Ordinance (ROGO) and shall be bound by all current and future
County Land Development Regulations, except he is exempt from all changes in the
RaGa system enacted by the 2010 Comprehensive Plan, for the completion of the single
family residence.
4. The applicant shall submit a complete ROGO application within
90 days after receiving written notification of an approved building permit application.
DONE AND ORDERED this 28th day of Februa ,19
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