Resolution 373-1998
County Attorney
RESOLUTION NO.37 3 -1998
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 JOANNE FRYE
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WHEREAS, on January 4, 1996, the Monroe County Year 2010 Co~en~e cp:fan
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became effective; and c:i>?: ".
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WHEREAS, development applications "in the pipeline" as of January 4, ~$ar~ucBct
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to a determination of vested rights pursuant to Policy 101.18.1 of the Plan; and'
WHEREAS, the matter of Joanne Frye 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 Joanne Frye is accordingly, DENIED.
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 September ,1998.
Mayor Jack London
Commissioner Keith Douglass
c:;pmmissioner Shirley Freeman
'.::.{.~'~..... ---=. <' .....s.s}q~r Wilhelmina Harvey
/~ " .' iG'~io'ner Mary Kay Reich
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Atteik: (f,{~YL KOLHAGE, Clerk
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By~=-Lu1_c. ~~~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY, FLORIDA
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Mayor/Chairman
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BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Joanne Frye.
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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 his/her attorney, if any, makes the
following findings of fact and conclusions of law:
FINDINGS OF FACT
1. The Applicant submitted an application for a building permit December 11, 1995 for the
construction of an "as of right" structure on the subject property.
2. The application suggests that for some period of time prior to the filing of the application the
Applicant was involved with Planning and Building staff regarding the proposed project,
3. The application is silent as to any approvals or permits issued, though the application does
indicate that the project was approved subsequent to the effective date of the Plan
CONCLUSIONS OF LAW
7, 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)
8. 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).
9, The facts set forth above fail to establish that there was a "valid, unexpired permit or approval"
for the benefit of the Applicant as of the effective date of the Plan
10. Accordingly, it is recommended that the application be DENIED.
DONE AND ORDERED at Marathon, Monroe County,
W.j99S.
Florida this .s/~ay of