Resolution 377-1998
County Attorney
RESOLUTION NO.3 77 -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 HAROLD J. NEWBURN
t.D "'T\
:t c;; CD r==
WHEREAS, on January 4, 1996, the Monroe County Year 2010 C~~h~iv~Plan
or"'.. -0
fT\?J:. ~". - ."
became effective; and ,,' c'. -J S
00" ..-
c~;:o::. ~ ::::0
WHEREAS, development applications "in the pipeline" as of January ~~~ a~ su~ct
.:-4)".> .. <::)
to a determination of vested rights pursuant to Policy 101.18.1 of the Plan; and; % ~ ~
WHEREAS, the matter of Harold J. Newburn 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 Harold J. Newburn 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
Ar:f~~"~ssioner Shirley Freeman
/erl~1ssioner Wilhelmina Harvey
f~t:. \":~". ~.p;). '\....m....~."~oner Mary Kay Reich
,'"'' ,~~....
... '. r.. ';:>,~ ',' .
'~~J~ \\ lJd.
At~~~{t~. KOLHAGE, Clerk
,~~~....",.
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY, FLORIDA
Byil~c. LJvyJa~UJ
"
Deputy Clerk
~
Mayor/Chairman
jvrnewburn
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICATION OF:
Harold J. Newburn.
/
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 hislher attorney, if any, makes the
following findings offact and conclusions ofIaw:
FINDINGS OF FACT
1. The Applicants have taken the following actions to obtain approval for the development sought:
a. The Applicant commenced development of the subject parcel in 1982, a permit having
been issued for the construction of three storage buildings;
b. For financial reason, only two of the buildings were completed under this permit;
c. In 1986, the Applicant was issued a building permit for the construction of the third
building;
d. Again due to financial reasons, the Applicant completed only partial construction of the
third building, the permit apparently expiring due to lack of construction.
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 application, on its face, indicates that "right" for which vesting is sought is the "right" to
renew an expired permit which clearly contrary to the plain language of the Plan.
5. Accordingly, it is recommended that the application be DENIED.
~ay of
DONE AND ORDERED at Marathon, Momoe County, Florida this
#-,199r