Item G14 G.14
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: G.14
Agenda Item Summary #11525
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 A.M.
AGENDA ITEM WORDING: Approval of a resolution authorizing the conveyance of ownership
of a market rate, Rate Of Growth Ordinance (ROGO) exemption from Block 3, Lot 15, Big Pine
Key, Inc. Subdivision, 148 Palmetto Avenue, RE400256790-000000 on Big Pine Key to Monroe
County for redevelopment in the Monroe County Employee Housing Rental Program (MCEHRP) on
Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100, contingent upon
approval by the County of a Minor Conditional Use transferring the market rate ROGO as an
affordable ROGO exemption for use, subject to a Land Use Restriction Agreement(LURA).
ITEM BACKGROUND: The Land Authority acquired Block 3, Lot 15, Big Pine Key, Inc.
Subdivision, 148 Palmetto Avenue, RE400256790-000000 on Big Pine Key together with one Rate
Of Growth Ordinance (ROGO) exemption, as evidenced by a ROGO Exemption Letter, dated
February 22, 2018 under Planning Department File 42018-R029, attached.
This resolution approves the conveyance of the ROGO exemption from the Land Authority to
Monroe County, contingent upon approval of a Minor Conditional Use to move the ROGO
exemption to Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100,
subject to a Land Use Restriction Agreement(LURA).
The Board of County Commissioners budgeted funding to develop the receiver site for use in the
Monroe County Employee Housing Rental Program (MCEHRP).
ADVISORY COMMITTEE ACTION: On December 14, 2022 the Committee voted 4/0 to
recommend approval of the proposed resolution.
PREVIOUS RELEVANT GOVERNING BOARD ACTION:
11/15/22—MCLA discussed MCLA owned properties appropriate for development by the County in
the Monroe County Employee Housing Rental Program (MCEHRP)
CONTRACT/AGREEMENT CHANGES:
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G.14
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STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Proposed Resolution
ROGO Exempt Letter
Aerial Photograph
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Hurley Completed 12/16/2022 12:49 PM
Dina Gambuzza Completed 12/16/2022 5:02 PM
Bob Shillinger Skipped 12/16/2022 10:07 AM
Lindsey Ballard Completed 12/19/2022 10:56 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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G.14.a
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE CONVEYANCE OF OWNERSHIP OF A MARKET RATE,
RATE OF GROWTH ORDINANCE (ROGO) EXEMPTION
FROM BLOCK 3, LOT 15, BIG PINE KEY, INC. SUBDIVISION,
148 PALMETTO AVENUE, RE#00256790-000000 ON BIG
PINE KEY TO MONROE COUNTY FOR REDEVELOPMENT
IN THE MONROE COUNTY EMPLOYEE HOUSING RENTAL
PROGRAM (MCEHRP) ON BLOCK 2, LOT 1, SAM-N-JOE
SUBDIVISION, 190 SANDS ROAD, RE# 00300180-000100,
CONTINGENT UPON APPROVAL BY THE COUNTY OF A >
MINOR CONDITIONAL USE TRANSFERRING THE MARKET c0
RATE ROGO AS AN AFFORDABLE ROGO EXEMPTION FOR
USE, SUBJECT TO A LAND USE RESTRICTION U
AGREEMENT (LURA).
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WHEREAS, Section 380.0666 Florida Statutes, empowers the Monroe County
Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire real
property with the provision found in 380.0666(3)(a). To provide affordable housing to
families whose income does not exceed 160 percent of median family income for the
area"; and
WHEREAS, the Land Authority acquired Block 3, Lot 15, Big Pine Key, Inc.
Subdivision, 148 Palmetto Avenue, RE#00256790-000000 on Big Pine Key (hereinafter
it property") together with one Rate Of Growth Ordinance (ROGO) exemption, as
evidenced by a ROGO Exemption Letter, dated February 22, 2018 under Planning
Department File #2018-R029; and
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WHEREAS, the Land Authority seeks to transfer the ROGO exemption from the
subject property to Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE#
00300180-000100; and E
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WHEREAS, the County adopted Resolution accepting the transfer of the
ROGO exemption for use in the Monroe County Employee Housing Rental Program
(MCEHRP); and
WHEREAS, the Land Authority Advisory Committee considered this resolution on
December 14, 2022 and voted 4/0 to recommend approval;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY THAT:
Section 1. The above recitals are true and correct and incorporated herein.
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G.14.a
Section 2. The Land Authority is authorized to convey the ROGO exemption from the
Subject Property to the County subject to the Land Use Restriction Agreement (LURA)
shown in Attachment "A" restricting use of the Site to affordable housing in accordance
with Section 380.0666 (3)(a), Florida Statutes and contingent upon the county
approving a Minor Conditional Use to move the ROGO exemption to Block 2, Lot 1,
Sam-N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100.
Section 3. Nothing in this Resolution shall restrict the County in using the ROGO
exemption for a lower income category.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority c0
at a regular meeting on this day of 2023.
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Commissioner Craig Cates
Commissioner Michelle Coldiron
Commissioner Jim Scholl
Commissioner Holly Raschein
Chairman David Rice
(Seal)
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ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
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Christine Hurley David P. Rice
Executive Director Chairman
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Approved as to form and legality
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Gregory Oropeza, Esquire
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G.14.a
Attachment "A"
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Gregory S.Oropeza,Esq.
Oropeza,Stones,&Cardenas,PLLC
221 Simonton Street
Key West,FL 33040
LAND USE RESTRICTION AGREEMENT
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BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180-
000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE#
00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD; U
RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160
SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY U
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
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and entered into as of the day of 20 , between MONROE COUNTY
(hereinafter "County" and the MONROE COUNTY COMPREHENSIVE PLAN LAND X
AUTHORITY, a land authority pursuant to section 380.0663(1), Florida Statutes and Monroe 0
County Ordinance No. 031-1986 (hereinafter "Land Authority"), and their respective successors 0
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and assigns.
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RECITALS
A. The four (4) lots subject to this Agreement are described as Block 2, Lot 1, Sam-
N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100; Block 2, Lot 2, Sam-N-Joe
Subdivision, 180 Sands Road, RE# 00300180-000200; Block 2, Lot 17, Sam-N-Joe Subdivision,
170 Sands Road,RE#00300180-001700; and Block 2,Lot 18, Sam-N-Joe Subdivision, 160 Sands
Road, RE# 00300180-001800 (hereinafter "Subject Property") on Big Pine Key, Florida. The
Subject Property is more particularly described in Exhibit "A" attached hereto and incorporated 0.
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herein. -
B. The Land Authority purchased the Subject Property as affordable housing sites.
C. In accordance with Land Authority Resolution No, the Land
Authority has conveyed the property to the County.
D. The Monroe County Board of County Commissioners adopted Resolution No.
accepting the Land Authority's transfer of the Subject Property to Monroe County
for development as Monroe County Affordable Employee Rental Housing.
E. As a condition of receiving the Subject Property from the Land Authority, the
County has agreed that the Subject Property shall comply with the affordable housing
requirements specified herein.
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G.14.a
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, County and Land Authority do hereby contract and agree as follows:
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to Section
380.0663(1), et seq.,Florida Statutes and Monroe County Ordinance No. 031-1986, County hereby
covenants and agrees as follows:
1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject >
Property in perpetuity and shall be binding upon County, its successors, or assigns. 0
1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for U
families or households whose income does not exceed 160% of the Area Median Income.
Nothing herein shall preclude the County or any other entity providing affordable housing
on the Subject Property from setting more restrictive income limits than those imposed by C.
this Agreement. 0
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1.03 The County is responsible for ensuring compliance with the restrictions in this Article I
and expressly agrees to furnish, upon the Land Authority's request, written certification W
thereof. u
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ARTICLE II
CONSIDERATION
In addition to other purposes,the Land Authority has conveyed title to the Subject Property
to the County as an inducement to the County to restrict use of the Subject Property to affordable
housing in perpetuity. In consideration of said Land Authority conveyance for the foregoing
purposes, the County and the Land Authority have entered into this Agreement. 0
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ARTICLE III
RELIANCE
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In performing its duties hereunder, the Land Authority may rely upon statements and
certificates of the County, its tenants, and the residents of the Subject Property believed to be <
genuine and to have been executed by the proper person or persons, and upon audits of the books
and records of County pertaining to occupancy of the Subject Property.
ARTICLE IV
TERM
This Agreement shall become effective upon its execution and delivery and shall remain
in full force and effect without expiration,unless modified by mutual written consent of the parties.
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ARTICLE V
ENFORCEMENT
If County defaults in the performance of its obligations under this Agreement or breaches
any material covenant, agreement or warranty of County set forth in this Agreement, and if such
default remains uncured for a period of thirty (30)days after written notice thereof shall have been
given by the Land Authority to County, then the Land Authority may take any action at law or in
equity or otherwise to address said default(s). However, if the default stated in such notice can be
corrected, but not within the thirty (30) day period, and if County adopts a plan to correct or cure
the default and commences the correction within the thirty (30) day period (subject to any rights >
of tenants in possession of units under a valid lease agreement), and thereafter diligently pursues 0
the same to completion within such extended period, the Land Authority shall not have waived its
right of enforcement if the default remains uncured after the expiration of the extended cure period. U
ARTICLE VI g
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND
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6.01. Upon execution County shall cause this Agreement and all amendments and
supplements hereto to be recorded and filed in the official public records of Monroe County and 0
shall pay all fees and charges incurred in connection therewith. W
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6.02 This Agreement and the covenants contained herein shall run with the land and
shall bind, and the benefits shall inure to, respectively, County and Land Authority and their
respective successors and assigns during the term of this Agreement.
ARTICLE VII U)
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the 0
State of Florida, with respect to both substantive rights and with respect to procedures and 0-
remedies. CL
ARTICLE VIII
NOTICE AND EFFECT
All notices and other communications to be made or permitted to be made hereunder shall
be in writing and shall be delivered to the addresses shown below or to such other addresses that
the parties may provide to one another in accordance herewith. Such notices and other
communications shall be given by any of the following means: (a)personal service or(b)national
express air courier, provided such courier maintains written verification of actual delivery. Any
notice or other communication given by the means described in subsection (a) or (b) above shall
be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party
to whom such notice or other communication has been sent.
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G.14.a
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
County: Monroe County
1100 Simonton Street
Key West, FL 33040
Attention: County Administrator
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Monroe County Office of County Attorney 0
1111 12th Street
Suite 408 U
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Key West, FL 33040
Attention: County Attorney
Any party may change said address by giving the other parties hereto notice of such change
of address in accordance with the foregoing provisions.
ARTICLE IX
MISCELLANEOUS
9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way be affected or
impaired.
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9.02. This Agreement may be simultaneously executed in multiple counterparts, all of 0
which shall constitute one and the same instrument and each of which shall be deemed to be an
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original.
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G.14.a
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180-
000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE#
00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD;
RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160
SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY
IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date
first set forth above.
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WITNESSES: Monroe County 0
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Print:
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By: CL
Mayor Craig Cates 0
Print:
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Address: 1100 Simonton Street
Key West, Florida 33040 a
Approved as to form and legality
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Robert Shillinger, Esq.
STATE OF FLORIDA 0
COUNTY OF MONROE 0-
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The foregoing instrument was acknowledged before me by means of physical presence this
day of 20_by Craig Cates as Mayor of Monroe County. Said person E
is personally known to me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
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G.14.a
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180-
000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE#
00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD;
RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160
SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY
IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date
first set forth above. >
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WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN
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LAND AUTHORITY U
Print:
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By: CL
David P. Rice, Chairman 0)
Print:
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Address: 1200 Truman Avenue, Suite 207
Key West, FL 33040 W
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Approved as to form and legality [SEAL]
Gregory S. Oropeza, Esq.
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STATE OF FLORIDA
COUNTY OF MONROE
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The foregoing instrument was acknowledged before me by means of physical presence 0-
this day of 20_, by David P. Rice, as Chairman of the MONROE ..
COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section
380.0663(1),Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the Land E
Authority. Said person is personally known to me or has produced a valid driver's license as
identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
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G.14.a
EXHIBIT A
Parcel 1: 00300180-000100
Lot 1, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as
recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County,
Florida.
Parcel 2: 00300180-000200
Lot 2, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as
recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County,
Florida.
Parcel 3: 00300180-001700 t0
Lot 17, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as
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recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County,
Florida.
Parcel 4: 00300180-001800
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Lot 18, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as
recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County,
Florida.
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G.14.b
County of Monroe
jP@nnlnR&Env1ronmjgjL1_ResoVrces 82ard of County Sfflffl
Issigners
e art ent �� ���" Mayor David Rice,District 4
2795 Overseas Highway,Suite 410 Mayor Pro'fern Sylvia J.Murphy,Dist. 5
Marathon,FL 33050 �; i in Canny L.Kolhage,District I
Voice: (305)289-2500 George Neugent,District 2
F (305)259-2536 Heather Carruthers,District 3
e strive to be caring,professional andfair
February2018
e-mail: gisuarezl932@gmail.co
Gilbert eSuarez
th Manor
Coral Springs, FL 33071
® ROGO Exemption Requestt 148 PalmettoAve, >
Big Pine Key, Lots 15 & 16,Big Pine Inc., real estate number 00256790-000000 0
r. &Mrs. Suarez:
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You requested a determination as to whether one ( ) residential dwelling unit is exempt from e a
Residential ate of Growthr iris ce( C1 ) on teabove-described pre ise .
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Pursuant to Section 138-22 of the Monroe County Land evelo e Code, the redevelopment,
rehabilitation or replacement of any lawfully established dweli unit Ors ace that oes not increase
e number of dwelling units above that which existed on the site prior tote redevelopment,
rehabilitation or replacement shall be exempt from e residential ROGO sste
For dwellingnits that were established prior tote effective date of the ROGO and therefore did not
receive a ROGO allocation through the ROGO permitallocation system, the Monroe County Land
Development Coe requires a body of evidence to support e existence of the dwelling unit on or
about July 13, 1992, e effective date of the original ROGO. Any Monroe County building permit(s)
fort e original construction of the structure confirming the existence of the dwelling unit and its se(s)
on or about l 13, 1992 can stand as the only piece of evidence fora ROGO exemption.
Building e i no. 88100769, issued 4/28/1988 for the single-family residence and Certificate of 0
Occupancy issued 2/8/1989 confirm e existence of the dwelling unit and its use on or about l
13, 1992.
f there are no building permit(s) forte original construction of the structure, in order to grant
exemption, at least two of the following documents supporting the lawful existence of the dwelling
nit must befound:
(1) .Any other issued Monroe County building permit(s) supporting the existence of the structures) and
its use(s) on or about July 1 , 192:
The following table organizes relevant building permits by date issued:
Permit Date Issued
17104692 ........
..... . .. . . . .
... ,__ ................_............................._......... . ............ _.... .......................
091161 12/3029 kitcheninets
........... -............. 2 .... f ,,,,,,,,,,,,„ ..................,
071001961/ 9/ 0 7D or Compliance
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06106553 11/17/2006 FEMA inspection
ROGO Exemption Request File 2 1 02S], 148 Palmetto Ave, Big Pine Key Page ] of 3
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Perr=nit No. DateIssued �Re-roof
screl i®
99101709 / /19
89100872 4Ti_4/i989 Fence
88102342 12/5/1988 Installation central AC
13101977 10/13/1988 Enclosure
88101631 8/22/1988 Concrete slab
8100769 4/28/19 8 Single-Family on lot 15
County permits support the existence of the structure(s) and its residential use(s) on or about July
13, 1992.
(2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on
or about July 13, 1992:
The Property Appraiser currently assesses the property under a property classification code of 01®
Single Family Residential and their records indicate that a residential unit has been on the tax roll.
One (1) building, with a year built date of 1989, is currently attributed to the property. In addition,
the property received a homestead exemption from 1990 to 2017. U
County property Appraisers documentation indicates residential use on or about July 13, 1992. U
(3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units) CL
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and original dated photographs showing the structure(s) existed on or about July 13, 1992:
Aerial photography from 195 to 217 confirms the continuous existence of a structure on the
property. As a note, aerial photography can only confirm the number of structures, not the number
of dwellingunits, in existence at any given time.
(4) Residential county directory entries on or about July 13, 1992.
Residential county directory entries were not reviewed by Planning Department staff.
(5) Rental, occupancy or lease records on or about July 13, 199Z indicating the number, type and
term of the rental or
occupancy.-
0 occupancy or lease records were provided by the applicant for review.
(6) State an or county licenses on or about July 1 , 1992, indicating the number and types of rental
units:
o state or county licenses were provided byte applicant for review.
(7) Documentation from the utility prodders indicating the type of service (commercial or residential)
provided and the number of ureters in existence on or about July 13, 1992:
Utility records were not provided for review, (Note: Water and or electric service may have been
provided at other times; however,records stating such were not provided.).
(8) Similar supporting documentation not listed above as determined suitable by the planning director.-
Lan se onin District: From 1986 to present, the property is locate in Improved
Subdivision (IS), in which a detached residential dwelling is a permitted use® Pre-1986 zoning was
iJ-1.
Based on a review of the records, the Planning Environmental Resources Department has
determined that one (1) dwelling unitis lawfully-established on Lot 15 and its replacement would
thereby be exempt from the ROGO permit allocation system.
ROGO Exemption Request File#[2 281, 148 Palmetto Ave,Big Pine Key Page 2 of 3
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If the exempted dwelling units are replaced, all existing accessory structures must also be demolished
unless written pennission stating otherwise is provided by the Planning & Environmental Resources
Department. This letter does not provide any vesting to existing regulations and the replacement
dwelling units and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the time of development approval.
Furthermore, if the exempted dwelling units are not replaced, but substantially improved as defined in
the Monroe County Code, they must be brought into compliance with all applicable regulations.
If you have any questions regarding the contents oft is letter or if I may further assist you,please feel
free to contact the Plannmg,J& E�'ronmental Resources Department at(305) 289-2500.
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Sincere ff
t iewicz
lonm
4Development Administrator >
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ROGO Exemption Request File (20 1 8-R0281, 148 Palmetto Ave, Big Pine Key Page 3 of 3
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Aerial Photograph of Subject Property
Block 3, Lot 15, Big Pine Key Inc.
Big Pine Key
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