Assignment of Development Rights •
Doc#2424014 Bk#3232 Pg#2357
Prepared by and return to: Recorded 7/6/2023 11:24 AM Page 1 of 19
Gregory S.Oropeza,Esq. Filed and Recorded in Official Records of
Oropeza, Stones&Cardenas,PLLC MONROE COUNTY KEVLN MADOK,CPA
221 Simonton Street
Key West,Florida 33040
305.294.0252
ASSIGNMENT OF DEVELOPMENT RIGHTS
THIS ASSIGNMENT OF DEVELOPMENT RIGHTS ("Assignment") is entered into this t
day of June,2023 by and between,and MONROE COUNTY, FLORIDA,a political subdivision of the state
of Florida ("Monroe County") and MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, a land authority under section 380.0663(1), Florida Statutes, and Monroe County Ordinance
Number 031-1986("MCLA")as to the following:
WHEREAS Monroe County owns the real property located at 31535 Avenue C, Big Pine Key,
Florida 33043, Parcel Identification Number 00302670-000000 and more particularly described as:
Lots 1, 2, 3 and 4, Block 22, Sands Subdivision, according to the Plat thereof as
recorded in Plat Book 1, Page 65 of the Public Records of Monroe County, Florida
(hereinafter referred to as the"Sender Site").
and
WHEREAS pursuant to the ROGO Exemption Request File#2017-R185 with approval letter dated
December 14, 2017, and Letter of Development Rights File #2018-046 with approval letter dated July 27,
2018, a copy of which is hereby attached to and incorporated herein as Exhibit "A", the Sender Site has
three(3)remaining Rate of Growth("ROGO")market rate residential allocations; and
WHEREAS MCLA owns that certain real property located at 160, 170 and 180 Sands Road, Big
Pine Key, Florida 33043, Parcel Identification Numbers 00300180-001800, 00300180-001700 and
00300180-00200 collectively more particularly described as:
Lots 2, 17 and 18, Block 2, Sam-N-Joe Subdivision, according to the map or plat
thereof, as- recorded in Plat Book 3, Page 76, of the Public Records of Monroe
County, Florida.
(hereinafter referred to as the"Receiver Site")
and
WHEREAS Monroe County desires to assign three(3) ROGO allocations to MCLA in accordance
with Monroe County Minor Conditional Use Permit Development Order No. 04-23, approving the transfer
of the ROGO allocation from the Sender Site to the Receiver Site, Monroe County Resolution 040-2023,
and MCLA Resolution 05-2023.
NOW, THEREFORE, Monroe County for good and valuable consideration, the sufficiency of
which is acknowledged hereby agrees as follows:
Monroe County hereby transfers, conveys and assigns, all rights, title and interest to the three (3)
market rate ROGO allocation as evidenced by ROGO Exemption Request File #2017-R185 with approval
letter dated December 14, 2017, and Letter of Development Rights File #2018-046 with approval letter
dated July 27, 2018, attached hereto and incorporated herein as Exhibit "A", to MCLA. Monroe County
and MCLA agree that this Assignment shall be deemed a covenant running with the land and shall inure to
and shall be binding upon all successors,assigns,mortgagees, and lessees.
IN WITNESS WHEREOF, Monroe County has caused these presents to be executed this R
day of June,2023.
Signed, Sealed and Delivered in the presence of:
By its Board of County Commissioners
B . 1
�`
OD(CP**-• Ho y Raschein,May ro Tem of Monroe
;A County
"I) --:x.*
:1'1- -1,:-.4,-' ,.6 J,
-7
,t 0 .f",ar . .wviy, - i&p Madok, Clerk
°� ` -".fr APPROVED AS TO FORM&LEGAL SUFFICIENCY
A
" Monr a ounty Attorney's Office
nr°sr�,. .v
A Q 06/22/2023
As Deputy Clerk of Circuit Court N thalia Mellies Archer
Assi tant County Attorney
EXHIBIT A
County of Monroe
Planning&Environmental Resources ' ,a, Board of County Commissioners
Department ,a Mayor David Rice,District 4
2798 Overseas Highway,Suite 410 �n.`' Mayor Pro Tern Sylvia J.Murphy,District 5
Marathon,FL 33050 Danny L.Kolhage,District 1
Voice: (305)289-2500 y; George Neugent,District 2
FAX: (305)289-2536 Heather Carruthers,District 3
We strive to be caring,professional,and fair.
December 14, 2017
tkdluke@aol.com
Luther Ackiss
Howard's Haven, LLC
P.O. Box 430271
Big Pine Key, FL 33043
•
RE: ROGO Exemption Request File #2017-R185 for property located at 31553 Avenue C, Big
Pine Key, legally described as Lot 4, Block 22, Sands Subdivision, Plat Book 1, Page 65,
Monroe County,Florida having Real Estate Number 00302680-000000
Mr. Ackiss:
You requested a determination as to whether one (1) residential dwelling unit(s) is exempt from the
Residential Rate of Growth Ordinance (ROGO) on the above-described premises.
Pursuant to Section 138-22 of the Monroe County Land Development Code, the redevelopment,
rehabilitation or replacement of any lawfully established dwelling unit or space that does not increase the
number of dwelling units above that which existed on the site prior to the redevelopment, rehabilitation
or replacement shall be exempt from the residential ROGO system.
For dwelling units that were established prior to the effective date of the ROGO and therefore did not
receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land
Development Code requires a body of evidence to support the existence of the dwelling unit on or about
July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the
original construction of.the structure confirming the existence of the dwelling unit and its use(s) on or
about July 13, 1992 can stand as the only piece of evidence for a ROGO exemption.
If there are no building permit(s) for the original construction of the structure, in order to grant an
exemption, at least two of the following documents supporting the lawful existence of the dwelling unit
must be found:
(1) Any other issued Monroe County building permit(s) supporting the existence of the structure(s) and
its use(s) on or about July 13, 1992:
The following table organizes relevant building permits by date issued:
Pei^m it No. Date Issued .:Description
25462 02-07-1972 Septic tank
26211 04-05-1972 100 amp service for trailer
B879 01-20-1976 Tie down existing mobile home
17102119 03-27-2017 Plumbing- sewer tie-in (one SFR)
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 02-
Mobile Home and their records indicate that a residential unit has been on the tax roll from 1982 to
2016. One (1) building, with a year built date of 1970, is currently attributed to the property. An
archived property record card includes a photo of a mobile home on the subject property dated 03-
23-1976.
County Property Appraiser's documentation indicates residential use on or about July 13, 1992.
(3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units)
and original dated photographs showing the structure(s) existed on or about July 13, 1992:
Aerial photography from 1975 to 2017 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
dwelling units, in existence at any given time.
(4) Residential county directory entries on or about July 13, 1992:
Residential county directory entries were reviewed by Planning Department staff for the years 1991
and 1992. The 1991 or 1992 directory did not have an entry for the subject property's address.
(5) Rental, occupancy or lease records on or about July 13, 1992, indicating the number, type and term
of the rental or occupancy:
No occupancy or lease records were provided by the applicant for review.
(6) State and/or county licenses on or about July 13, 1992, indicating the number and types of rental
units:
No state or county licenses were provided by the applicant for review.
(7) Documentation from the utility providers indicating the type of service (commercial or residential)
provided and the number of meters in existence on or about July 13, 1992:
Documentation from the utility providers indicating the type of service (commercial or residential)
and the number of meters in existence on or about July 13, 1992 was not provided for review.
(8) Similar supporting documentation not listed above as determined suitable by the planning director:
Land Use (Zoning) District: From 1986 to present, the property is located within the Improved •
Subdivision (IS) Zoning District, in which a detached residential dwelling unit is a permitted use. A
mobile home is not a permitted or conditional use within this Land Use District.
1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study records
the existence of an RV on the property at that time as well as a unit marked `Other'.
Based on a review of the records, the Planning & Environmental Resources Department has determined
that one (1) dwelling unit is lawfully-established on the subject property and its replacement would
thereby be exempt from the ROGO permit allocation system.
If the exempted dwelling units are replaced, all existing accessory structures must also be demolished
unless written permission 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 of this letter or if I may further assist you, please feel
free to contact the Planning & Environmental Resources Department at(305)289-2500.
Sincerely,
Devin Tolpin, Planner
•
County of Monroe
The Florida Keys
Planning&Environmental Resources . ,'�-'U Board of County Commissioners
Department i ,; , �1►„7j, Mayor David Rice,District 4
2798 Overseas Highway,Suite 410 ;`; -. t y4 Mayor Pro Tem,Sylvia J.Murphy,District
Marathon,FL 33050 Danny L.Kolhage,District 1
Voice: (305)289-2500 ;\ , � George Neugent,District 2
FAX (305)289-2536 r w--- `34 Heather Carruthers,District 3
1c ru:o
July 27, 2018
tkdluke@aol.com
Luther S. Ackiss
Howards Haven LLC
PO Box 430271
Big Pine Key, Fl 33043
Letter of Development Rights Determination (LDRD), File#2018-046
Howards Haven LLC,31535 Avenue C,Big Pine Key FL,Real Estate#00302670-000000
This letter is in response to your request for a determination as to the number of permanent
residential dwelling units and the amount of non-residential floor area that was lawfully established
and thereby exempt from the Rate of Growth Ordinance (ROGO) and the Nonresidential Rate of
Growth Ordinance (NROGO) permit allocation system on the above-described premises.
Background Information:
The subject property is located at 31535 Avenue C, on the corner of 5th St., approximate mile
marker 31.5, gulf side, on Big Pine Key. The property is bordered to the north, west, and south by
residential property, to the east, south/east are vacant parcels.
The property is legally described as Lots 1, 2, and 3, Block 22 of Sands Subdivision, according to
the plat thereof as recorded in Plat Book 1, Page 65 of the public records of Monroe County,
Florida. It is currently assessed under RE#00302670-000000.
The property is located within the Improved Subdivision (IS) Land Use (Zoning) District and is
designated Residential Medium(RM)on the Future Land Use Map(FLUM)of the Comprehensive
Plan. The aerial photograph on the next page shows the boundaries of the property and the land
use districts of the immediate area.
31535 Avenue C, Big Pine Key
Letter of Development Rights Determination (File#2018-046) Page 1 of 14
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Subject Property (center, outlined in blue) with Land Use (Zoning)Districts, 2015 Aerial
Permanent Residential Dwelling Units:
The applicant is requesting recognition of 12 permanent residential dwelling units, as being in
existence on the property and lawfully established and thereby exempt from the Rate of Growth
Ordinance (ROGO)permit allocation system.
Pursuant to Section 138-22(1) of the Monroe County Land Development Code (LDC), the
residential ROGO shall not apply to the redevelopment, rehabilitation or replacement of any
lawfully-established residential dwelling unit or space that does not increase the number of
residential dwelling units above that which existed on the site prior to the redevelopment,
rehabilitation or replacement.
As defined in LDC Section 138-19, residential dwelling unit means a dwelling unit as defined in
section 101-1,and expressly includes the following other terms also specifically defined in section
101-1: rooms,hotel or motel;campground spaces;mobile homes; transient units; and institutional
residential units (except hospital rooms).
31535 Avenue C,Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 2 of 14
As defined in LDC Section 101-1:
o Dwelling, attached, means a dwelling unit developed without open yards on all sides of the
dwelling unit.
o Dwelling, commercial apartment, means a dwelling unit located on the same parcel of land
as a nonresidential use that is intended to serve as permanent housing for the owner or
employees of that nonresidential use, such as apartments that are built as a part of a
commercial or office use.
• Dwelling, detached, means an individual dwelling unit that is developed with open yards
on all sides of the dwelling unit. The term includes single family residences but does not
include mobile homes or recreational vehicles.
o Dwelling, single family, or single-family residence means a one-family dwelling unit that
is developed with open yards on all sides of the building.
• Dwelling unit means one or more rooms physically arranged for occupancy by one
residential household sharing common living, cooking, and toilet facilities.
o Market rate housing means an attached or detached dwelling unit that is intended to serve
as permanent housing for households not eligible for affordable or employee housing under
this Land Development Code.
o Mobile home means a structure transportable in one or more sections which structure is
eight body feet or more in width and over 35 feet in length, which structure is built on an
integral chassis and designed to be used as a dwelling when connected to the required
utilities and includes the plumbing, heating, air conditioning and electrical systems
contained therein, including expandable recreational vehicles, known as "park models"
designed and built as a permanent residence, the structure for which is 35 feet or less in
length and in excess of eight feet in width.
o Multifamily residential development means a type of residential housing where multiple
separate dwelling units for residential inhabitants are contained within one building or
several buildings within one complex.
o Permanent residential unit means a dwelling unit that is designed for, and capable of,
serving as a residence for a household for non-transient occupancy,excluding hotel,motel,
and recreational vehicle.
o Residence or residential use, as applied to any lot, plat, parcel, tract, area or building,
means used or intended for dwelling purposes, but not including transient units.
In accordance with 2030 Comprehensive Plan, Policy 101.5.29 states notwithstanding the density
limitations set forth in Policy 101.5.25,land upon which a lawfully established residential dwelling
31535 Avenue C,Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 3 of 14
unit exists shall be entitled to a density of one dwelling unit per each recognized lawfully
established unit. Such lawfully-established dwelling unit(s) shall not be considered as
nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County Code.
Pursuant to LDC Section 138-47(a) lawfully established ROGO/NROGO exemption means a
dwelling unit or nonresidential floor area that has received a permit or other official approval from
the division of growth management for the units and/or nonresidential floor area.
Pursuant to LDC Section 138-22, the Planning Director shall review available documents to
determine if a body of evidence exists to support the lawful existence of units on or about July 13,
1992 (January 4, 1996 for transient units), the effective date of the original ROGO. Such evidence
shall be documented and submitted to the Planning Director on a form provided by the Planning
and Environmental Resources Department. Any issued Monroe County building permit(s) for the
original construction of the structure confirming the existence of the dwelling unit and its use(s)
on or about July 13, 1992 (January 4, 1996 for transient unit) can stand as the only piece of
evidence for a ROGO exemption.
No issued Monroe County building permits) for the original construction of the structure(s) and
its use(s)confirming the existence of the residential dwelling units on or about July 13, 1992 were
found on file under RE#00302670-000000, the subject property, and none were provided by the
applicant for review.
If there are no building permit(s) for the original construction of the structure which confirm the
lawful existence of the dwelling units and its use(s) on or about July 13, 1992 (January 4, 1996 for
transient units), the application shall include, at a minimum, at least two of the following
documents:
(1) Any other issued Monroe County building permit(s) supporting the existence of the
structure(s)and its use(s)on or about July 13, 1992;
The following building permits supporting the existence of the structure and uses are on file in
the Building Department's records:
Permit#.... Date Issued Building;# Desc.. ptron
15018 10/12/1967 11 units 11 -60 amp trailer service
The site plan shows the property divided into 10 25'
wide lots, divided down the middle of the property,
8 of which are occupied. The site plan shows 1 25'
wide site taking up the whole width of the property
along 5t11 Street and occupied by the owner's trailer.
A-7017 7/15/1980 1 unit Trailer Tie Down, owner Bob Wamser
No unit#
A-7918 3/4/1981 1 unit Trailer Tie Down for insurance purposes,owner Bob
No unit# Wamser
A-17118 3/18/1987 1 unit Upgrade Service — trailer existing, owner, John
No unit# Vanbrocklin
31535 Avenue C,Big Pine Key
Letter of Development Rights Determination(File tt 2018-046) Page 4 of 14
..Perinzt# .04:4' ,i'ii ..;B14.04.# #.. Descrrpttor
96-1-1307 8/27/1996 4 units Repair 2 main service poles. 4 services, 60 amp
No unit# each. Permit applied for but not issued. Owner
Henry Gmach*
961-1455 10/2/1996 1 unit Relocate Existing Electric Pole, owner Henry
No unit# Gmach Trustee
971-309 3/3/1997 1 unit Assorted After The Fact Repairs, owner Henry
Unit 9 of Gmach Trustee
10
12103781 9/14/2012 unspecified Emergency Electric Repair, permit open, owner
Howard's Haven Inc.
17104909 10/18/2017 X units Sewer Tie In, permit open, owner Howard's Haven
LLC
17105571 10/20/2017 13 units Emergency Demo of 13 units, owner Howard's
Haven LLC
17105643 11/2/2017 Not 16 Temporary I-±MA Trailers
Indicated
*For permit 96-1-1307 Gmach is listed as the owner in alchemy but John Vanbrocklin is listed
as the owner in community plus.
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Site plan of Subject Property from 1967 building permit#15018 showing 11 sites
The Monroe County building permits support the existence of the mobile home use, supports
the existence of at least 11 mobile home sites on or about July 13, 1992.
31535 Avenue C, Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 5 of 14
(2) Documentation from the Monroe County Property Appraiser's Office indicating residential
use on or about July 13, 1992;
The subject property is currently assessed under one parcel number, Real Estate #00302670-
000000. The current Property Class is "Parking Lot (2800)." The Property Appraiser lists a
land use code of"Recreational Vehicle Park(02RV)." The current property record card lists
the following buildings,uses and floor areas. All of the buildings are listed under Commercial
Buildings and all but one are individually listed as S.F.R. (Single Family Residence). Building
number 7 is listed as Camp Bldg-D-/36D. All of the listed buildings match the building
sketches.
Building## Year Built; Floor Area Uses%Notes
1 1963 336 Gross SF and 176 Finished SF SFR
2 1978 286 Gross SF and 265 Finished SF SFR
3 1995 444 Gross SF and 384 Finished SF SFR
4 1976 476 Gross SF and 428 Finished SF SFR
5 1976 576 Gross SF and 336 Finished SF SFR
6 1978 448 Gross SF and 288 Finished SF SFR
7 1980 100 Gross SF and 100 Finished SF Camp Bldg
8 1998 459 Gross Sf and 459 Finished SF SFR
9 1998 488 Gross SF and 408 Finished SF SFR
10 1992 428 Gross SF and 396 Finished SF SFR
11 1990 488 Gross SF and 408 Finished SF SFR
12 1985 524 Gross SF and 384 Finished SF SFR
13 1956 332 Gross SF and 224 Finished SF SFR
Total number of SFR 3 SFR Bldg#3, 8, 9
built after 1992
Total number of SFR 9 SFR Bldg#
built by 1992 1,2,4,5,6,10,11,12,13
Total nonresidential SF 100 SF Gross and Finished Bldg#7
The property record card from 10/2/1996 lists the land use as 01 020D, OURM MH Park. The
Neighborhood class is given as Trailer Park Neighborhood. Ten buildings were recognized.
The Camp Building, listed above, is labeled `Laundry Room' on this record card. The other
nine buildings are classified as Single Family Residence (SFR). They are listed below. The
appraiser notes say:
HOWARDS HAVEN TRAILER PRK BIG PINE
BLDG 1 LAUNDRY ROOM
DELETED 7 TRAILERS, PER FD CK THEY WEREN'T PERM.ATTACHED. LS
MANAGER'S NAME IS DENNIS TURNER, 872-8848
31535 Avenue C, Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 6 of 14
1996 Properly;Record Card
....:.';:. :...... I. ..:..: ........ .r.....'i_ .fin..:. ...... .....
Building# Year Built Floor Area
Uses./Nvtes
1 1980 100 Finished SF Camp Building
2 1976 328 Finished SF SFR
3 1976 240 Finished SF SFR
4 1974 240 Finished SF SFR
5 1970 208 Finished SF SFR
6 1975 112 Finished SF SFR
7 1978 296 Finished SF SFR
8 1963 168 Finished SF SFR
9 1978 160 Finished SF SFR
10 1956 272 Finished SF SFR
Total number of SFR 0 SFR
built after 1992
Total number of SFR 9 SFR Bldg#2-10
build date by 1992
Total nonresidential SF 100 SF Gross and Finished Bldg#1
Based on the year built date, it appears that the 1 Camp Building was on the property in 1996
and 2017. Based on the year built dates it appears that six of the SFRs were on the property in
1996 and in 2017. Three of the SFRs that were on the property in 1996 were no longer on the
property in .2.01.7. And.six. SFRs on the property in .20.17 were not on the property in 1996.
Three of those could reasonably have been replacements for the three SFRs that were removed
after 1996.
All of the buildings on the property in 1996 have year built dates before 1992. Three of the
buildings on the property in 2017 but not in 1996 have year built dates of 1992 or earlier. Three
of the buildings on the property in 2017 but not 1996 have year built dates after 1992. Please
note, that since these are mobile homes, the year built date may not match the date it was
installed on the property.
The appraiser records support 12 SFR at this time and 9 SFR in 1996. The appraiser records
indicate that 9 SFR were established by 1992.
(3) Aerial photographs (to confirm the number of structures,not the number or type of dwelling
units)and original dated photographs showing the structures) existed on or about July 13,
1992;
Aerial photos showing the MH use exist before, during and after 1992. Due to the scale and
quality, it is difficult to determine the number and type of units that were present on or about
July 13, 1992. As a note, aerial photography can only confirm the number of structures, not
the number of dwelling units,in existence at any given time.
31535 Avenue C, Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 7 of 14
Aerial photographs show that the property has been developed since 1975. The site lay out
appears to be consistent from 1985 thru 2017, but the quality of the photographs alters the
number of units that can be identified in the different years. Aerial photography from 1975,
1985, 1986, 1995, and 1999 indicates that the property was developed,but the number of units
is not decipherable. Aerial photography from 1981 indicates 5 units on the property and 4
vacant spaces. Aerial photography from 1991 shows 7 spaces, but tree cover blocks what
appear to be additional spaces. Aerial photography from 1994 indicates 10 units. And aerial
photography from 1998 indicates 7 units.
Please note that the property next door,lot 4,RE 00302680-0,also owned by Howard's Haven,
but not part of this LDRD request, appears to have one structure on it continuously.
Since the property configuration seems to stay the same and since the most legible aerial
photography starts in 2002, aerial photography indicates 12 spaces continuously on the
property. However, the 12 spaces do not guarantee that mobile homes or the same mobile
homes were established on those spaces.
(4) Residential county directory entries on or about July 13, 1992;
Residential county directory entries were reviewed with no relevant information found.
Howard's Haven is not listed in the directories.
. (5) Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type
and term of the rental or occupancy;
No rental, occupancy or lease records were provided for review.
(6) State and/or County licenses, on or about July 13, 1992, indicating the number and
types of rental units;
No State or County licenses from that time were provided by the applicant for review.
A Florida Department of Health in Monroe County Notification of Fees Due from 9/28/2017
for Howard's Haven 31535 Avenue C Big Pine Key,lists 12 mobile home spaces.
(7) Documentation from the utility providers indicating the type of service (commercial or
residential)provided and the number of meters in existence on or about July 13, 1992;and
Utility bills submitted by the applicant demonstrate that there were 12 separate electric meters
on the property in 2017.
The applicant submitted 12 letters from Keys Energy Services. They demonstrate that prior to
1992, 12 separate electric meters for residential use serviced the property. The table below
summarizes the service dates.
Unitr# Date Electric Service Established
s
1 11/29/1977
31535 Avenue C,Big Pine Key
Letter of Development Rights Determination (File#2018-046) Page 8 of 14
Unit# Date Electric Service Established
2 12/161977
3 11/29/1977
4 12/16/1977
5 9/10/1982
6 12/16/1977
7 12/16/1977
8 3/31/1987
9 12/16/1977
10 12/16/1977
11 12/16/1977
12 4/27/1977
A letter from the Florida Keys Aqueduct Authority states that 'the Florida Keys Aqueduct
Authority has provided water service to the above referenced property since December 28,
1956 with one meter on the property.'
Utility records indicate 12 residential units established prior to 1992.
(8) Similar supporting documentation not listed above as determined suitable by the Planning
Director.
Land Use District:From 1986 to present,the subject property has been located in the Improved
Subdivision (IS) Land Use (Zoning) District in which Mobile Homes is not a permitted use.
The 1973-1986 zoning of the property was RU-1 (single family residential).
The 1988 Mobile Home Study depicts Howard's Haven as lots 1 thru 5. Lots 1-3 are part of
this LDRD and are shown to have 1 conventional structure and 7 `other' structures. Lots 4 and
5, which are not part of the LDRD, show 1 `other' building and 3 conventional structures.
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1988 Mobile Home Study (file 331_BPK Avenues)showing the Subject Property
Howard's Haven received letters of substantial damage from Monroe County for this property.
There were 12 letters addressed to units 1-12 and dated January 12, 2018.
31535 Avenue C,Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 9 of 14
Nonresidential Floor Area:
The applicant is requesting recognition that 393 square feet of nonresidential floor area is lawfully-
established and thereby exempt from the NROGO permit allocation system.
As defined in LDC Section 101-1,floor area means the sum of the gross covered and enclosed
habitable areas of a building or any other covered and enclosed structure, measured from the
exterior walls or from the centerline of party walls.
As defined in LDC Section 138-47,nonresidential floor area means the sum of the total floor area
for a nonresidential building or structure, as defined in Section 101-1. Additionally, covered and
unenclosed boat racks with three or fewer sides not associated with retail sales of boats are not
considered nonresidential floor area. Further,the term "nonresidential floor area" does not include
space occupied by residential uses, including spaces occupied by a transient residential unit and
an institutional-residential use as defined in Section 101-1.
Pursuant to LDC Section 138-48(a), no building permit shall be issued after September 19, 2001
that results in additional nonresidential floor area on a site unless that nonresidential development
has received a NROGO allocation award or is determined to be exempt as provided in LDC Section
138-50. Pursuant to LDC Section 138-49(a), the NROGO shall apply to the development of all
new and expanded nonresidential floor area, except as exempted by LDC Section 138-50, for
which a building permit or other final development approval is required. Pursuant to LDC Section
138-47(a) Lawfully established ROGO/NROGO exemption . means a dwelling unit or
nonresidential floor area that has received a permit or other official approval from the division of
growth management for the units unit and/or nonresidential floor area
Pursuant to LDC Section 138-50(a), the Planning Director shall review available documents to
determine if a body of evidence exists to support the existence of nonresidential floor area on or
about September 19, 2001, the effective date of the original NROGO. Such evidence shall be
documented and submitted to the Planning Director on a form provided by the Planning and
Environmental Resources Department. Any issued Monroe County building permit(s) confirming
the existence of the structure(s) and its use(s) on or about September 19, 2001 can stand as the
only piece of evidence for an NROGO exemption.
No issued Monroe County building permit(s) for the original construction of the structure(s) and
its use(s)confirming the existence of the nonresidential floor area on or about September 19, 2001
were found on file under RE#00302670-000000,the subject property, and none were provided by
the applicant for review.
If there are no building permit(s) which confirm the lawful existence of the residential structures
and their uses on or about September 19,2001,the application shall include, at a minimum,at least
two of the following documents:
(1) Any issued Monroe County building permit(s) supporting the existence of the structure(s)
and its use(s) on or about September 19, 2001;
31535 Avenue C, Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 10 of 14
All permits associated with this property are listed in the table in the residence section above.
No Building Department permits appear tied to a nonresidential use or structure, however,
building permit A 17118, issued 3/18/1987 for upgrade of electric service to existing trailer
includes the statement, "trailer service on north side of laundry room—east end of tr. Pk. Last
tr. on Ave. C." In addition, the emergency demolition permit, number 17105571, was for 13
structures. If 12 of them were residential, presumably the 13th was for the non-residential
structure.
The permit records support the existence of the structure and use on or about September 19,
2001,but do not provide evidence as to the amount of non-residential floor area.
(2) Documentation from the Monroe County Property Appraiser's Office indicating
nonresidential use on or about September 19, 2001;
The subject property is currently assessed under one parcel number, Real Estate#00302670-
000000. The current Property Class is "Parking Lot (2800)." The Property Appraiser lists a
land use code of"Recreational Vehicle Park (02RV)." The current property record card lists
Building number 7 as Camp Bldg-D-/36D.
'....: . Current Property Record;Card....::
c•
Buildtn # Year Built g111111110•31111110Uses I emotes
7 1980 100 Gross SF and 100 Finished SF Camp Bldg
Total nonresidential SF 100 SF Gross and Finished Bldg#7
The property record card from 10/2/1996 lists the land use as 01 020D,OURM MH Park. The
Neighborhood class is given as Trailer Park Neighborhood. The Camp Building, is labeled
`Laundry Room' on this record card. The appraiser notes say:
HOWARDS HAVEN TRAILER PRK BIG PINE
BLDG 1 LAUNDRY ROOM
DELETED 7 TRAILERS, PER FD CK THEY WEREN'T PERM.ATTACHED. LS
MANAGER'S NAME IS DENNIS TURNER, 872-8848
1996`Property Record Card
Building# Year rBuilt ' Floor Area Wrtra.rt.MIGN§p
1 1980 100 Finished SF Camp Building
Total nonresidential SF 100 SF Gross and Finished Bldg#1
Based on the year built date,it appears that the 1 Camp Building/Laundry Room structure was
on the property in 1996 and 2017.
The appraiser records support 100 square feet of nonresidential floor area on or about
September 19, 2001.
31535 Avenue C,Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 11 of 14
(3) Aerial photographs (to confirm the number of structures, not the type of structure) and
original dated photographs showing the structure(s)existed on or about September 19,2001;
Aerial photos showing the MH use exist before, during and after 2001. Due to the scale and
quality, it is difficult to determine the number and type of structures that were present on or
about September 19, 2001. As a note, aerial photography can only confirm the number of
structures,not the type of use,in existence at any given time.
Aerial photographs show that the property has been developed since 1975. The site lay out
appears to be consistent from 1985 thru 2017, but the quality of the photographs alters the
number of units or structures that can be identified in the different years. Aerial photography
from 1975, 1985, 1986, 1995, and 1999 indicates that the property was developed, but the
number of structures is not decipherable. Aerial photography from 1981 indicates 5 units or
structures on the property and 4 vacant spaces. Aerial photography from 1991 shows 7 spaces,
but tree cover blocks what appear to be additional spaces. Aerial photography from 1994
indicates 10 units or structures. And aerial photography from 1998 indicates 7 units or
structures.
(4) Nonresidential County Directory entries on or about September 19,2001;
County directory entries were reviewed with no relevant information found.
(5) Rental, occupancy or lease records, on or about September 19,2001, indicating the number,
type and term of the rental or occupancy;
No rental, occupancy or lease records were provided by the applicant for review.
(6) State and/or county licenses, on or about September 19, 2001, indicating the nonresidential
use;
No State or County licenses from that were provided by the applicant for review. A Florida
Department of Health in Monroe County Notification of Fees Due from 9/28/2017 for
Howard's Haven 31535 Avenue C Big Pine Key, lists 12 mobile home spaces.
(7) Documentation from the utility providers indicating the type of service (commercial or
residential)provided and the number of meters in existence on or about September 19,2001;
and
Utility bills submitted by the applicant demonstrate that there were 12 separate electric meters
on the property in 2017.
The applicant submitted 12 letters from Keys Energy Services. They demonstrate that prior to
1992, 12 separate electric meters for residential use serviced the property. No letter was
submitted to demonstrate non-residential electric service.
31535 Avenue C, Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 12 of 14
•
A letter from the Florida Keys Aqueduct Authority states that 'the Florida Keys Aqueduct
Authority has provided water service to the above referenced property since December 28,
1956 with one meter on the property.'
(8) Similar supporting documentation not listed above as determined suitable by the planning
director.
Land Use District:From 1986 to present,the subject property has been located in the Improved
Subdivision (IS) Land Use (Zoning) District in which Mobile Homes is not a permitted use.
The 1973-1986 zoning of the property was RU-1 (single family residential).
Howard's Haven received letters of substantial damage from Monroe County for this property.
There were 12 letters addressed to units 1-12 and dated January 12, 2018. A substantial
damage letter was not received for the non-residential structure.
Lawfulness Determination:
Based on a review of the above documents associated with the subject property, the Planning and
Environmental Resources Department has determined that 100 square feet of nonresidential
floor area was lawfully established on or about 2001, and is exempt from the NROGO permit
allocation system pursuant to LDC Section 138-50. Based on a review of the above documents
associated with the subject property, the Planning and Environmental Resources Department has
determined that 12 residential dwelling units were lawfully established on or about 1992,and are
exempt from the ROGO permit allocation system pursuant to LDC Section 138-22.
This letter does not provide any vesting to existing regulations. The replacement of structures and
any new accessory structures must be built in compliance with all applicable regulations of the
Monroe County Land Development Code and Comprehensive Plan at the time of development
approval. Furthermore, if the ROGO and/or NROGO-exempted development is replaced or
substantially improved as defined in the Monroe County Land Development Code, such
development must be brought into compliance with all applicable regulations. Please note that
pursuant to LDC Section 130-83, Single Family Dwelling Units, which does not include Mobile
Homes, are permitted in the Improved Subdivision land use district.
You may appeal any decision, determination or interpretation set forth in this letter pursuant to
Monroe County Land Development Code Section 102-185. A notice of appeal must be filed with
the County Administrator, 1100 Simonton Street,Gato Building, Key West,Florida 33040, within
30 calendar days from the date of this letter. In addition, please submit a copy of your notice of
appeal to the Planning Commission Coordinator, Monroe County Planning and Environmental
Resources Department, 2798 Overseas Hwy, Suite 410, Marathon, Florida 33050.
31535 Avenue C, Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 13 of 14
We trust that this information is of assistance. If you have any questions regarding the contents of
this letter or if we may further assist you with your project,please feel free to contact our Marathon
office at(305) 289-2500.
Sincerely,
•
roily Schemper, AICP, CFM
Acting Senior Director of Planning and Environmental Resources
Cc: Liz Lustberg,Planner
31535 Avenue C, Big Pine Key
Letter of Development Rights Determination(File#2018-046) Page 14 of 14