Resolution 351-1999
County Attorney
RESOLUTION NO. 351 - 1999
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
EVIDENCING THE BOARD'S APPROVAL OF A RECOMMENDED BENEFICIAL USE
DETERMINATION PROMULGATED BY THE SPECIAL MASTER, IN RE: THE APPLICATION
JAMES A. FLENNER
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan became
effective; and
WHEREAS, the application of James A. Flenner for determination of beneficial use was heard
by Special Master J. Jefferson Overby on October 26, 1998; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
that:
The Findings of Fact and Conclusions of Law and recommendations of the Special
Master as set forth in the proposed determination, dated February 28, 1999, are APPROVED
recommending purchase of the subject property by the County's Land Authority at a fair
market price.
Jurisdiction is reserved to award applicant the ten (10) Transferable Development
Rights to which applicant was entitled under the Pre-1986 LDRs in the event that the
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property's value cannot be agreed between the Authority and the Applicant.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe COLity,!!ori~, ap:c
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regular meeting of the Board held on the 22nd day of July, 1999. ~;::r.~: . ."
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Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
Commissioner George Neugent
. Commissioner Mary Kay Reich
"'~.;Commissioner Nora Williams
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(SEAL)
.Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
jvrflenner
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: JAMES A. FLENNER- Beneficial Use
Application
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PROPOSED
BENEFICIAL USE DETERMINATION
The above entitled matter was originally heard at a duly-advertised and regularly
scheduled, public hearing on October 26,1998, by 1. Jefferson Overby, designated
Beneficial Use Special Master. James A. Flenner, applicant, was represented by Charles
Netter, Esq. and Assistant County Attorney Garth Coller, Planning Director Timothy 1.
McGarry, Director of Planning and Ross Alliston, Director of Monroe County Division
of Environmental Resources, represented Monroe County. The applicant's attorney
requested additional time, at the conclusion of the hearing, to file supplemental
information, the county stipulated to this request. The parties' request was granted,
however, the information did not reach the undersigned until just before Christmas
holiday and was therefore not reviewed until January, 1999.
ISSUE
Whether the applicant will be denied all reasonable economic use of his property by
application of Policy 204.2.6 of the Year 2010 Comprehensive Plan, and whether the
applicant is entitled to relief under Policies contained in Objective 101.18 of the Year 2010
Comprehensive Plan (as administered and implemented in the "Agreement between the
Department of Community Affairs and Monroe County" dated February 23, 1998), the
approved portions of Ordinance 052-1997 and the Monroe County Code.
FINDINGS OF FACT
1. The Applicant is the owner of record of the subject property, which are lots
of record, located at: Lots 4-12, Block 9, and Lot 10, Block 8, Indian Mounds Estates,
Sugarloaf Key. The subject lots are vacant and are zoned Improved Subdivision (IS). The
lots are characterized as "freshwater wetlands".
2. The Applicant has no permitting history. In May of 1992 the county
reaffirmed in writing that the property was "freshwater wetlands".
3. The Improved Subdivision zoning of the subject property allows one
residential dwelling and accessory uses to be permitted on each lot, but for the
implementation of the 2010 Comprehensive Plan. The subject lots have no TDR value.
CONCLUSIONS OF LAW
4, The Applicant's lots are designated Improved Subdivision (IS), which allows
one residential dwelling on each lot.
5. Application of Policy 204.2.6 of the 2010 Comprehensive Plan has rendered
each of the lots unbuildable.
A. The Monroe Land Development Regulations and the comprehensive
Plan require 100% open space for freshwater wetlands.
B. The applicant has no ability for obtaining a variance from the
regulations for these lots which prevent development,
C. The applicant filed a timely application for determination of
beneficial use.
6. Pursuant to Policy 101.18.5 and Section 4(D) of the Agreement between
DCA and Monroe County, I have considered:
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A. the economic impact of the Policy (or regulation) that prohibits
development on the applicant's lots, which are located within an Improved Subdivision; and
B. the extent to which the regulation has interfered with the applicant's
reasonable investment-backed expectation that some use could be made of these lots.
7. The Planning Department has admitted that the applicant has been denied all
reasonable economic use of his property.
8. A strict application of Policy 204.2.6 would prevent or prohibit the applicant
from developing any single family dwellings on these lots.
9. Since just compensation is the preferred option under Policy 101.18.5, and
the applicant is interested in selling and the land authority is interested in acquisition of these
isolated, freshwater wetland lots, purchase is the preferred option.
WHEREFORE, I recommend to the Board of County Commissioners that a final
beneficial use determination be entered recommending purchase of the subject property by
the County's Land Authority at a fair market price.
DONE AND ORDERED this 28th day of February, 1999.
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