Resolution 375-1998
County Attorney
RESOLUTION NO.37 r.:; -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
EVIDENCING THE BOARD'S APPROVAL OF THE SECOND DETERMINATION OF VESTED
RIGHTS PROMULGATED BY THE VESTED RIGHTS HEARING OFFICER. IN RE: THE
APPLICATION OF JAQUAlINE M. ANDRADE
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan became
effective; and
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WHEREAS, development applications "in the pipeline" as of January 4, 199~~u~t ~ a
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determination of vested rights pursuant to Policy 10 1.18.1 of the Plan; and g ~--/- -' ~
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WHEREAS, the matter of Jaqualine M. Andrade-Hamlin for determination of ~~ ~ts ~s
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originally heard on March 17, 1998, by Mr. Randy Sadtler, designated Vested Rights He2iin~ff!!r, @w
therefore
WH EREAS, pursuant to BOCC Resolution No. 162-1998, the application of Jaqualine M. Andrade-
Hamlin was remanded to the Hearing Officer to allow applicant to supplement her application with
additional exhibits and information; and
WHEREAS, upon remand after the Hearing Officer reviewed exhibits and heard oral presentation
by Applicant and her representative, the Hearing Officer on July 31, 1998 issued a "Second
Determination" containing Findings of Fact and Conclusion of Law; 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
Jaqualine M. Andrade-Hamlin 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.
f'0ayor Jack London
;'~,~<;?mmi~sioner Keith Douglass
/"~.y~~s)~oner Sh.irley F:eeman
'j ~~I~~. ,I... s...t9ner Wilhelmina Harvey
;1:t' ' . p,is'Siener Mary Kay Reich
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OUNTY COMMISSIONERS
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Mayor/Chairman
jvrhamlin2
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Jaqualine M Andrade.
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SECOND DETERMINATION
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 oflaw:
FINDINGS OF FACT
1, The Applicant has provided supplemental materials together with material provided by Steve
Enos,
2, The Applicant was granted a Minor Conditional Use Development Order for the construction of
a 4 unit low cost housing structure,
3, Pursuant to the development order, permit # 90-3-407 was issued,
4, Twenty five concrete foundation pilings were constructed at the site, this appears to be the only
construction which has taken place to date,
5, Gleaning from the supplemental materials provided by the Applicant and Steve Enos, it appears
that, for a myriad of reasons, the permit expired,
6, Additionally, the Minor Conditional Use Development Order expired two and one-half years
after its approval dated April 5, 1989,
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" 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, Florida this
#.1998.
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