Item R11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20, 2009 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning and Env. Resources
Staff Contact/Phone #: Tiffany Stankiewicz 289-2513
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for
Harold & Sherry Fried on Lot 1, Block 7, Harris Ocean Park Estates, Key Largo, Real Estate Number
00449410.000000.
ITEM BACKGROUND: A building permit was applied for on 11/4/2004 and a ROGO application
was applied for on 1/10/2005. The applicant applied for administrative relief on 1/16/2009 and is
within the allowable time frame to be eligible for administrative relief under Section 138-27 of the
Monroe County Code.
Staff recommends that administrative relief be awarded in the form of a dwelling unit allocation.
This is one of three allocations allowed per year in Upper Keys Tier 1 area.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval in the form of award of a dwelling unit allocation.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #,
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Tiffany Stankiewicz, Sr. Planning Technician
Ralph Gouldy, Sr. Administrator Environment Resources
Through: Townsley Schwab, Acting Director of Planning & Environmental Resources
Date: March 26, 2009
Subject: Request for Administrative Relief for Fried
Lot 1, Block 7, Harris Ocean Park Estates, Key Largo,
Real Estate No. 00449410.000000
I. BACKGROUND
The applicant is eligible for Administrative Relief, has complied with all requirements of the
dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly
allocations and has not received an allocation award.
Date Entered ROGO: 1/10/2005
Date Entered Administrative Relief: 1/16/2009
Tier Score: 14
Tier 1: 10
Perseverance: 4
II. CURRENT CONDITIONS
Location: Lot 1, Block 7, Harris Ocean Park Estates, Key Largo,
Real Estate No. 00449410.000000
Owner: Harold & Sherry Fried
Land Use District: Improved Subdivision (IS)
Tier: 1
2008 Taxable Value: $35,640
Page l of 3
04305020
Applicant/Agent: N/A
FLUM: Residential Medium (RM)
Purchase Price in 2006: $122,500
Reviewed by
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III. LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief Options:
Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the
2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an
allocation award in the ROGO system may apply to the Board of County Commissioners for
Administrative Relief. The applicant is eligible for Administrative Relief having complied with
all requirements of the dwelling unit allocation system and having been considered in at least the
first sixteen consecutive quarterly allocation periods, and not having received an allocation
award. The application was timely submitted for administrative relief in the form of one (1)
ROGO allocation award and has not expressed a desire to sell the property to the County.
Additional Relevant Information:
The parcel is one of two adjacent Improved Subdivision (IS) lots designated as Tier 1 within a
subdivision predominately designated as Tier 3. The parcel is bordered to the north by a
residence, to the west by developed lots across Dove Creek Drive, and to the south and east by a
paved basketball court and open space within Harry Harris Park. This parcel was previously
reviewed by a Special Master, who recommended changing the designation to Tier 3. County
staff independently evaluated the parcel and also recommended changing the designation to Tier
3. A subsequent legal challenge to the Tier designation criteria prevented the recommended Tier
changes from taking place.
The vegetation survey submitted with the residential application states the predominant
vegetation to be the invasive exotic Brazilian pepper. An invasive exotic permit issued in
August, 2004 has left the parcel essentially scarified. The parcel does not currently support
upland native vegetation, nor could it serve to connect patches of upland native vegetation, due to
being completely surrounded by developed parcels. The parcel is not habitat to threatened or
endangered animal species.
While Monroe County Code states purchase as
has included the above information in order to
value of the parcel. The Land Development
annually in Upper Keys Tier 1 areas.
the preferred option for Tier 1 properties, staff
fully inform the Board of the actual ecological
Regulations allow three (3) ROGO allocations
Relief Options under Administrative Relief:
The remedies available to the Board of County Commissioners for Administrative Relief
pursuant to Section 138-27 include:
Page 2 of 3
04305020
a. Offer to purchase the property at its fair market value as its preferred action if the
property is located within: a) a designated Tier I area; b) a designated Tier II area
(Big Pine Key and No Name Key); c) a designated Tier III -A area (Special
Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable
for affordable housing.
b. Grant the applicant an allocation award for all or a number of dwelling units
requested in the next succeeding quarterly allocation period or extended pro rata
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over several succeeding quarterly allocation periods as the preferred action for
buildable properties not meeting any of the criteria in (1) above.
c. Suggest or provide such other relief as may be necessary and appropriate.
In the event purchase is recommended and the owner refuses the purchase offer, the applicant
may remain in the ROGO System and continue earning perseverance points according to Monroe
County Code Section 138-28.
IV. RECOMMENDATION
It is recommended that the Board of County Commissioners find that the applicant has met the
criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be
adopted that establishes this relief by awarding one ROGO dwelling unit allocation.
Page 3 of 3
04305020
Reviewed by
RESOLUTION NO. —2009
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
HAROLD & SHERRY FRIED ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 7, HARRIS OCEAN
PARK ESTATES, KEY LARGO, RE # 00449410.000000
IN THE FORM OF ONE (1) DWELLING UNIT
ALLOCATION AWARD.
WHEREAS, Harold & Sherry Fried submitted an application for administrative
relief under Sec. 138-27 of the Monroe County Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
1. The application for administrative relief from Harold & Sherry Fried is
for Lot 1, Block 7, Harris Ocean Park Estates, Key Largo in Monroe
County, Florida having RE# 00449410.000000.
2. The date of the ROGO application is 1/10/2005.
3. The ROGO allocation application has been in the ROGO system for at
least four (4) consecutive years and qualifies for administrative relief
under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive
Plan.
4. Monroe County Code (MCC) Section 138-27 provides a mechanism
whereby an applicant who has not received an allocation award in
ROGO may apply to the Board of County Commissioners for
administrative relief.
5. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 138-27(f) and may grant the
applicant a building allocation, offer to purchase the property at fair
market value, or provide such other relief as may be necessary and
appropriate.
6. The applicant applied for administrative relief on 1/16/2009, under
Section 138-27 of the MCC and Policy 101.6.1 of the 2010
Comprehensive Plan.
7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be
used for determining lands that are appropriate for acquisition and the
criteria includes the environmental sensitivity of the vegetative habitat
on the lot and the applicable Tier designation.
AmDasTRATm RELIEF RESOLUTION Page 1 of 2
RE# 00449410.000000
04305020
8. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Harris Ocean Park Estates and is
located in a Tier 1 designated area.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Harold & Sherry Fried, for Lot 1, Block 7, Harris
Ocean Park Estates Subdivision, Key Largo in the form of one (1) dwelling unit
allocation, subject to the following conditions:
1. The timing of the issuance of the permit shall be in accordance with the annual
number of residential allocations defined by Policy 101.2.13 of the Monroe
County Year 2010 Comprehensive Plan and as required by Section 138-27 of the
Monroe County Code.
2. The allocation award shall be taken out of the next quarterly allocation which
closes on 7/13/2009 or in the succeeding quarterly allocation period in which
administrative relief allocations are available.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 20th day of May, 2009.
Mayor George Neugent
Mayor Pro Tem, Sylvia J. Murphy
Commissioner Mario Di Gennaro
Commissioner Heather Carruthers
Commissioner Kim Wigington
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
ADMINISTRATIVE RELIEF RESOLUTION
RE# 00449410.000000
04305020
Mayor George Neugent
MON N COUNTY PROVXD AS TATTORNEY
�EY
ORM
Page 2 of 2
A. LA AT IC' '
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RE.',EIVED
January 11, 2009
Dear Drew:
.!AO 10 M
Attached is an application for Administrative Relief for ROGO # 04-30-
5020.
Henry Pinder and I purchased this lot together and Sherry & I have since
bought him out. It went into ROGO with a +1 for disturbed. Maureen
Lacky mistakenly allowed this lot (along with the existing house next door)
to be zoned Tier 1. It was a mistake by some rookie planner ... pure and
simple.
When this went to Special Master hearing staff acknowledged a mistake and
their report recommended change to Tier 3. Special Master agreed, Tier 3!
This is all well documented.
I lately talked to Ralph Gouldy and the most recent review (of many) is
calling for change of tier to "3". This is a wonderful view property,
completely cleared (except for a couple buttonwoods at the back). I had
(until the depression hit) intended to build my own home on this site.
If the County intends to continue to declare that there is environmental
sensitivity attached to this lot — to spite overwhelming evidence to the
contrary — I will sell it. Lisa Frins has it listed for sale at $189,000.00. You
can tell Mark Rosch the price is $150,000.00 firm.
My administrative relief application is for an allocation to build one new
SFR.
Kindly have staff provide me with a copy of the report along with
recommendations to BOCC at least 3 weeks prior to meeting at which this
will be heard.
Hope all is well.
Regards,
Hal Fried
.............................
APPLICATION %o ��E� /, l ✓e / TC
ADMeMTRATIW RELIEF APPLICATION
Administrative Relief fee: $1,011.00
I
Property owner's Name: 4 , .
Property Owner's mailing address: PO �d >C l 3517 �` ��'�' ^'1�2 [=L. �j �jo�0
Phone d — �� CO Fax:
Agent's Name: 0 LA�7 t14 6w
Agent's mailing address: S .o.e N r
Phone: _ 5 Avon F _ . _Fax: �jA nn F
(Please attach a statement authorizing representation of this application by someone other than yourself.
'The statement should read: "I, (owner's name) authorize .(individual you are authorizing to represent ypu) I
to represent my property for this application for Administrative Relief' lZt g D GF A
S�,fe5
PROPERTY DESCRIPTION: Lot Block Subdivision 1?A(Z 4 I: a1
� 1/� o� ,e, 43:7ao �! O-p00 000
&
Key (island): ��' 2 d Street: Ug: e — �
If metes and bounds, attach legal description on separate sheet.
Permit Application#: O -;3D �jc 0
Date of most recent ROGO application: l0 —7—A Al 1
What kind of administrative relief are you
/5
0
�OOO.00
NOTARY:
STATE OF FLORIDA Applicant' ature
COUNTY OF iYlZ (off—
The foregoing signature
lwas acknowledged before me this % -day of J 4*x .200 ? .
By >� ��( ►�C d — _ e W �rK A produced
as idenacation.
JOSHUA P. GALLO
co siones: I, MY COMMISSION I DD 564745
fj — 't` R` EXPIRES: October 16, 2010
UWWTruNWgPubBoU &
ignature of Notary Pu lic, State of Florida r,
TO BE COMPLETED BY STAFF- DATE: PERMIT #
Pie 3 or2
Ayronipryive ItelierAppliWiaa 11/S/07
°
Property Search -- Monroe Cc �y Property Appraiser
Page 1 of 2
Ervin A. Higgs, CFA
Property Appraiser
Monroe County, Florida
Property Record View
Alternate Key: 1549053 Parcel ID: 00449410-000000
Ownership Details
Mailing Address:
FRIED HAROLD AND SHERRY
P O BOX 9357
TAVERNIER. FL 33070
office (305) 292-3420
fax (305) 292-3501
Property Details
PC Code: 00 - VACANT RESIDENTIAL
Mlilage Group: 500P
Affordable Housing: No
Section -Township- 23-62.38
Range:
Property Location: KEY LARGO
Subdivision: HARRIS OCEAN PARK ESTATES
Legal Description: BK 7 LT 1 HARRIS OCEAN PK ESTATES KEY LARGO PB4-126 OR 187-425/426 OR587-413 OR831313 OR895-7030/C OR911-1530 OR911-
1531AFF OR2034-1649 OR2182-297
Parcel Map
Land Details
Land Use Code Frontage Depth Land Area
M 10D - RESIDENTIAL DRY 60 110 6,600.00 SF
i
... ... ..._.......................... .... ..._. - ...... __.- ........ ...... ..... ........ ..-. ......_.._......_... - -. ......_..._..... ..... .-----._....-.. .... ---. 3
Building Summary
Number of Buildings: 0
Number of Commercial Buildings: 0
Total Living Area: 0
Year Bulk: 0
Building Permits
Bldg Number Date Issued Date Completed Amount Description Notes
06300612 02/23/2006 1 MASONRY FENCE
1—a-_-//____-------- --- _Ll _--- T___._fn_ i
Property Search -- Monroe Cc *.y Property Appraiser
Page 2 of 2
...........
Parcel Value History
Certified Roll Values,
View Taxes for this Parcel
Roll
Year
Total Bldg
Value
Total Mlsc Improvement
Value
Total Land
Value
Total Just (Market)
Value
Total Assessed
Value
School Exempt
Value
School Taxable
Value
2008
0
0
35,640
35,640
35,640
0
357640
2007
0
0
77,220
77,220
77,220
0
77,220
2006
0
0
77,220
77,220
77,220
0
77,220
2005
0
0
17,160
17,160
17,160
0
17,160
2004
0
0
17.160
17.160
17,160
0
17,160
2003
0
0
12,870
12,870
12,870
0
12,870
2002
0
0
12,870
12,870
12,870
0
12,870
2001
0
0
12,870
12,870
12,870
0
12,870
2000
0
0
12,870
12,870
12,870
0
12,870
1999
0
0
12,870
12,870
12,870
0
12,870
1998
0
0
12,870
12,870
12,870
0
12,870
1997
0
0
12,870
12.870
12.870
0
12,870
1996
0
0
12,870
12,870
12,870
0
12,870
19%
0
0
12,870
12,870
12,870
0
12.870
1994
0
0
14.686
14,586
14,586
0
14,586
190
0
0
14,588
14,586
14,586
0
14,586
1992
0
0
14.586
14.586
14,586
0
14,586
1991
0
0
14,586
14,586
14,586
0
14,686
1990
0
0
14,586
14,586
14,586
0
14,586
1989
0
0
13,728
13,728
13,728
0
13,728
1988
0
0
13,728
13,728
13,728
0
13,728
1987
0
0
13,728
13,728
13,728
0
13,728
1986
0
0
13,728
13,728
13,728
0
13,728
1986
0
0
13.728
13,728
13,728
0
13,728
1984
0
0
13,728
13,728
13,728
0
13,728
1983
0
0
7,770
7,770
7,770
0
7,770
1982
0
0
7,770
7.770
7,770
0
7,770
Parcel Sales History
NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does
not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding.
Sale Date
Official Records Book/Page
Price
Instrument
Quallflcatlon
1/23/2006
2182 / 297
122,500
WD
Q
8/W2004
203411649
46,000
WD
Q
5/1/1984
911 / 1530
17,000
WD
4/1/1981
831 /313
15,000
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Monroe County Property Appraiser
Ervin A. Higgs, CFA
P.O. Box 1176
Key West, FL33041-1176