HomeMy WebLinkAboutResolution 376-1998
County Attorney
RESOLUTION NO. 376 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF3:MQ!"R~ "
COUNTY, EVIDENCING THE BOARD'S APPROVAL OF A RECoiM~~ ~
VESTED RIGHTS DETERMINATION PROMULGATED BY THE VEST~~GAi; c
HEARING OFFICER, IN RE: THE APPLICATION OF RAY SHAMBLIN 8~~:~ d
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WHEREAS, on January 4, 1996, the Monroe County Year 2010 Co~7~e~e~an
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became effective; and
WHEREAS, development applications "in the pipeline" as of January 4, 1996 are
subject to a determination of vested rights pursuant to Policy 101.18.1 of the Plan; and
WHEREAS, the matter of Ray Shamblin 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 Ray Shamblin 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
Commissioner Shirley Freeman
Commissioner Wilhelmina Harvey
c..,.:;,~~;.\~.;--C_.~...Q ..,m............m. ......issioner Mary Kay Reich
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1;}'~T~I\1Y L, KOLHAGE, Clerk
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Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
jvrshamblin
By
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Ray Shamblin.
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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 off act and conclusions oflaw:
FINDINGS OF FACT
1. The Applicants has taken the following actions to obtain approval for the development sought:
a. The applicant purchased the subject property June 25, 1993;
b. An application for a building permit to construct a 1900 square foot building was
submitted January 3, 1996;
c. The Applicant was apparently misled by Planning or Building Department staff that
submission of application for as of right construction would be a sufficient basis for the
issuance of a building permit under the previous comprehensive plan and land
development regulations;
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 permits 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 and applied for a permit immediately prior to the effective date of the Plan.
5. Accordingly, it is recommended that the application be DENIED.
DONE AND ORDERED at Marathon, Monroe County, Florida this
)?-, 1996.
3/./day of
Randolph W.
FBN 377163
Vested Rights Hearing Officer