Resolution 374-1998
County Attorney
RESOLUTION NO.3 74 -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 HEARIN~ ."
OFFICER. IN RE: THE APPLICATION OF CHARLES AND MARIE AUGUSTUS ~ ~ Q:) r=
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WHEREAS, on January 4, 1996, the Monroe County Year 2010 Co~ensrle ~n
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WHEREAS, development applications "in the pipeline" as of January 4, ?r99g'arS'"'!u~ct
to a determination of vested rights pursuant to Policy 101.18.1 of the Plan; and
WHEREAS, the matter of Charles and Marie Augustus 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 Charles and Marie Augustus 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~I11~ss~oner Sh.irley F~eeman
;~:;~~$,(D~sloner Wilhelmina Harvey
',~~\~~r:nmissioner Mary Kay Reich
, (SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONR E COUNTY, FLORIDA
ByJ6aJ~ C. ~..>d a~
Deputy Clerk
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Mayor/Chairman
jvraugustus
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
mE VESTED RIGHTS APPLICA nON OF:
Charles and Marte Augustus.
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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 Applicants has taken the following actions to obtain approval for the development sought:
a, The applicants purchased the subject property August 1, 1996, subsequent to the
effective date of the Monroe County Year 2010 Comprehensive Plan,
b, Building pennit #96-3-584 was issued August 2, 1996 with an effective date of August
22, 1996 for the construction of a single family residence, garage, fence and pool pavers;
c. Apparently, a prior owner of the property obtained pennit # 90-3-758 for the
construction of a dock and davits;
d. For reasons which are not clear on the face of the application, pennit 90-3-758 expired
prior to the completion of he dock, leaving the 75% complete according to the
application.
CONCLUSIONS OF LAW
2, 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)
3, An official act may by be "one or more valid, unexpired pennits or approvals". Monroe County
Year 2010 Comprehensive Plan, Policy 101.18,2 (2)(a) (1),
4. The facts set forth above fail to establish that the Applicant relied on any "official act" by the
County.
5. Accordingly, it is recommended that the application be DENIED.
DONE AND ORDERED at Marathon, Momoe County, Florida this dday of
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