Resolution 456-1998
County Attorney
RESOLUTION NO.456 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, EVIDENCING THE BOARD'S REVERSAL OF A RECOMMENDED VESTED
RIGHTS DETERMINATION PROMULGATED BY THE VESTED RIGHTS HEARING
OFFICER. IN RE: THE APPLICATION OF PAUL SAFER AND JOHANNA SAFER
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
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 Paul Safer and Johanna Safer for determination of vested rights
was heard by Vested Rights Hearing Officer Randolph W. Sadtler, and
WHEREAS, this matter was brought on for hearing before the BOCC on September 9,
1998, and argument of counsel was heard; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA that after due consideration, the Recommended Order is hereby REVERSED and the
Vested Rights application of Paul Safer and Johanna Safer is accordingly, APPROVED.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the
21s t day of October, 1998.
BY~t!~
Deputy Cler
jvrsafer
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BOARD OF COUNTY CoMMItsI~Rg
OF MONROE COUNTY, FtORlDAg ;0
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Mayor Jack London
// eomrn~ss~oner Ke.ith Douglass
/",,'~';::Commlssloner Shirley Freeman
f'~'~:'~:":Gommissioner Wilhelmina Harvey
(,~ ,rf~,qt~.missioner Mary Kay Reich
, "; -.. ..' ' ~;
~~y{ KOLHAGE, Clerk
Mayor/Chairman
BEFORE THE VESTED RIGHTS
HEARING OFFICER IN AND FOR
MONROE, COUNTY FLORIDA
INRE:
THE VESTED RIGHTS APPLICA nON OF:
Paul Safer and Johanna Safer.
/
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
]. The Applicant has taken the following actions to obtain approval for the development sought:
a. The Applicants purchased the subject property April 2, 1975 for the purpose of
constructing a single family residence;
b. August 1, 1990 the Applicants obtained l.l transferable development rights;
c. Minor Conditional Use Development Order #16-92, approving the transfer of l.l
transferable development right to the subject property (receiver site) was issued by
Lorenzo Aghemo, Director of Planning, December ]4, 1992;
d. Minor Conditional Use Development Order 16-92, condition 3, states "that the
development of this site will need to meet all current Monroe County Land Development
Regulations and density regulations at the time the building permit is applied for".
e. The development rights sought to be vested are those conferred to the Applicants by
Minor Conditional Use Development Order ]6-92 and subject to the condition set forth in
paragraph d above.
2. Accordingly, the granting of vested rights would not avoid compliance with current density requirements
and it is the recommendation that the application be DENIED.
DONE AND ORDERED at Marathon, Monroe County, Florida this
M-,,9%.
..3 Wday of
Randolph
FBN 377163
Vested Rights Hearing Officer