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Item S06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 16. 2009 Division: Growth Management Bulk Item: Yes - No -.-L Department: Planning and Env. Resources Staff ContactlPhone #: Tiffany Stankiewicz 289-2513 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Mark J. & Jane J. Hlis on Lot 5, Block 8, Amended Plat of Sunrise Point Addition, Key Largo, Real Estate Number 00484200.000000. ITEM BACKGROUND: A building permit was applied for on 11/9/2004 and a ROGO application was applied for on 1/1312005. The applicant applied for administrative relief on 4/29/2009 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 one (1) dwelling unit aHocadon. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: Approval in the form of one (1) dwelling unit allocation. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/ A No - DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH Year APPROVED BY: County Atty 1L-. OMB/Purchasing N/ A Risk Management N/ A DOCUMENT ATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION NO. -2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATNE RELIEF MADE BY MARK J. & JANE J. HLIS ON PROPERTY DESCRIBED AS LOT 5, BLOCK 8, AMENDED PLAT OF SUNRISE POINT ADDITION, KEY LARGO, RE # 00484200.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Mark J. & Jane J. Hlis 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 Mark J. & Jane J. Hlis is for Lot 5, Block 8, Amended Plat of Sunrise Point Addition, Key Largo in Monroe County, Florida having RE# 00484200.000000. 2. The date of the ROGO application is 1/13/2005. 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 (HOCC) 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 4/29/2009, 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. ADMINISTRATIVE RELIEF REsOLUTION Page t of2 RE# 00484200-000000 04305106 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Amended Plat of Sunrise Point Addition and is located in a Tier 3 designated area. NOW THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Mark 1. & Jane J. Hlis, for Lot 5, Block 8, Amended Plat of Sunrise Point Addition, 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 10/12/2009 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 16th day of Seotember, 2009. Mayor George Neugent - Mayor Pro Tern, Sylvia J. Murphy - Commissioner Mario Di Gennaro - Commissioner Heather Carruthers - Commissioner Kim Wigington - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor George Neugent (SEAL) ATTEST: D~L.KOLHAGE,CLERK Ol'e: DEPUTY CLERK ADMINISTRATIVE RELIEF REsoLUTION Page 2 on RE# 00484200-000000 04305106 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners /- Prom: Tiffany Stankiewicz, Development Administrator ~( Janis Vaseris, Biologist51"_ ~) Through: Townsley Schwab, Director of Planning & Environmental Resources"'t Date: July 24, 2009 Subject: Request for Administrative Relief for Hlis Lot 5, Block 8, Amended Plat of Sunrise Point Addition, Key Largo, Real Estate No. 00484200.000000 1 I. BACKGROUND 2 3 The applicant is eligible for Administrative Relief, has complied with all requirements of the 4 dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly 5 allocations and has not received an allocation award. 6 7 Date Entered ROGO: 1/13/2005 8 9 Date Entered Administrative Relief: 4/29/2009 10 11 Tier Score: 34 12 Tier 3: 30 13 Perseverance: 4 14 15 II. CURRENT CONDITIONS 16 17 Location: Lot 5, Block 8, Amended Plat of Sunrise Point Addition, Key Largo, Real Estate No. 18 00484200.000000 19 20 Owner: Mark J. & Jane J. Hlis Applicant! Agent: Gay Marie Smith 21 22 Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) 23 24 Tier: 3 25 26 2008 Taxable Value: $203,167 Purchase Price in 2004: $225,000 Page 1 of2 Reviewed by P- 04305106 1 2 III. LEGAL ELIGIBILITY AND OPTIONS 3 4 Eligibility for Administrative Relief Options: 5 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 6 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 7 allocation award in the ROGO system may apply to the Board of County Commissioners for 8 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 9 all requirements of the dwelling unit allocation system and having been considered in at least the 10 first sixteen consecutive quarterly allocation periods, and not having received an allocation 11 award. The application was timely submitted for administrative relief in the form of one (1) 12 ROGO allocation award and has not expressed a desire to sell the property to the County. 13 14 Relief Options under Administrative Relief: 15 The remedies available to the Board of County Commissioners for Administrative Relief 16 pursuant to Section 138-27(f) include: 17 18 a. Offer to purchase the property at its fair market value as its preferred action if the 19 property is located within: a) a designated Tier I area; b) a designated Tier II area 20 (Big Pine Key and No Name Key); c) a designated Tier ill-A area (Special 21 Protection Area); or d) a designated Tier ill area on a non-waterfront lot suitable 22 for affordable housing. 23 b. Grant the applicant an allocation award for all or a number of dwelling units 24 requested in the next succeeding quarterly allocation period or extended pro rata 25 over several succeeding quarterly allocation periods as the preferred action for 26 buildable properties not meeting any of the criteria in (1) above. 27 c. Suggest or provide such other relief as may be necessary and appropriate. 28 29 In the event purchase is recommended and the owner refuses the purchase offer, the 30 applicant may remain in the ROGO System and continue earning perseverance points 31 according to Monroe County Code Section 138-28. 32 33 IV. RECOMMENDATION 34 35 It is recommended that the Board of County Commissioners find that the applicant has met the 36 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 37 adopted that establishes this relief awarding one (1) ROGO allocation in the next quarterly 38 ROGO allocation period which closes 10/12/2009, or a succeeding quarterly allocation period in 39 which administrative relief allocations are available. 40 Page 2 of2 Reviewed by -$.- 04305106 L 5, B 8, Amended Plat of Sunrise Point Add., Key Largo RE: 00484200-000000 Applicant: Hlis [ HcDbll: ] O~~rv~2~~E " ..JQ5. ~ .....~ Environmental Resources This map Is for use by the Monroe County Growth Management Division only. The data contained hereln Is not a legal repesentatlon of boundaries, parcels. roads right of ways or other [ Rorida Forever ] I r?l2I A. - ~ I [ ProtectedSpecies; ) ( ~=-.":""?.. J geographical data. -",,,",~.-lIto_ Property Search -- Monroe co~':) Property Appraiser ~ Page 1 of3 Ervin A. Higgs, CFA office (305) 292-3420 Property Appraiser fax (305) 292-3501 Monroe County, Florida Property Record View Alternate Key: 1593834 Parcel 10: 00484200-000000 Ownership Details Mailing Address: HllS MARK J & JANE J 106 NAUTILUS DRIVE ISLAMORADA, FL 33036 Property Details PC Code: 00 . VACANT RESIDENTIAl MUr.ge Group: 500P Affordable Housing: No Section- TownahlP. 13..tl2-38 RInge: Property Locetlon: KEY lARGO Subdlvilllon: SUNRISE POINT ADD AMD Legal Description: BK 8 LT 5 AMENDED PLAT OF SUNRISE POINT ADDN PB4-41 KEY lARGO OR779-734 OR796-1097C OR796-1098 OR839-10S8 OR1210. 1602lO3QC (UIR MIl. ON FILE)BLM OR1789-2209 OR1973-961162(CTT) Parcel Map Land Details Lend Use Code Land Area Z10C - CONTI G SFR CANAl 60 7 500 00 SF Building Summary Numbtr of BUildings: 0 Numbtr of Commercial Buildings: a Totel living Area: 0 Veer Built: ~ ----............-........-......_--_.-.+----"-......_--~ -.. _4.. Mise Improvement Details Nbr Type IIUnib Leoglh Widlh Year Built Roll V..r Grade Life 0 CL2:CH LINK FENCE 875 SF 175 5 2008 2009 1 30 1 C'K3'CONCRETE DOCK 400 SF 8 6~ 1983 1984 4 60 htto:/ /www.mcoafl.ore/ProoSearch.a'lnx 7/1 ~/'){){)O Property Search -- Monroe cour') Property Appraiser l~ Page 2 of3 I 2 sm SEAWALL 240 SF 4 60 1983 1984 4 60 I Building Permits Bid Number Dlte Issutd Dlte Ccmpleltd Amounl DeSCrlpllon Notes 07302204 05/16/2007 11 t20t2008 1 CHAlNLINK FENCE Parcel Value History Certified Roll Values \l'i~w Tli!X~.sl2f thj~E.ar~l Roll Total Bldg Totti Mise Improvtmtnl Totalllnd Total Jusl tMltIle11 Total AUllud School Exempt School Tnlblt Vllr Value Vllue Vllul Value Vllue Value Vllue 2008 0 15,667 lB7,5OO 203,1 B7 203,lB7 0 203,167 2007 0 12.767 lB7,500 200,267 200,267 0 200,267 2006 0 9,979 1B7.5OO 197,479 197.479 0 197.479 2006 0 10,29B 60.000 70,200 70,29B 0 70,296 2004 0 10.B13 112,500 123,113 123.113 0 123.113 2003 0 10,771 200,625 211.396 211,396 0 211,396 2002 0 11 ,08B 65,625 7B,713 76,713 0 76,713 2001 0 11,405 45,000 56.405 56,405 0 56,405 2000 0 3,136 45,000 4B,136 48.13B 0 48.136 1m 0 3,222 45.000 48.222 48,222 0 48.222 19. 0 3.308 45,000 48,3OB 48.308 0 48,308 1917 0 3,351 45.000 48,351 48,351 0 48,351 19M 0 3,437 45,000 48,437 48.437 0 48,437 1995 0 3,523 45.000 48.523 48,523 0 48.523 1994 0 3,566 41,250 44.B1B 44.B18 0 44,B16 1193 0 3,652 41.250 44,902 44.902 0 44.902 1992 0 3,737 41,250 44,987 44.987 0 44 987 111111 0 3,781 41.250 45.031 45,031 0 45,031 1990 0 3.866 39.375 43,241 43.241 0 43,241 1989 0 3,952 39.375 43,327 43.327 0 43.327 1988 0 3.549 31,875 35,424 35,424 0 35,424 1987 0 3,625 30 ,000 33,625 33,B25 0 33.625 1988 0 3.422 30.000 33,422 33,422 0 33.422 19B5 0 3,458 30,000 33,458 33,45B 0 33.45B 1984 0 0 30,000 30,000 30 .000 0 30.000 1983 0 0 27,000 27,000 27,000 0 27.000 1982 0 0 27.000 27.000 27,000 0 27 000 Parcel Sales History NOTE: Sales do not generally show up in our computer system until aboullwo 10 Ihree months after lhe dale of sale IF a recent sale does not show up in this fist. please allow more time for lhe sale record to be processed, Thank you for your patience and underslandmg Sale Oete OffIcial Recordl BookIPeae Price Instrument Ouallneelion 1/28/2004 1973/0961 225.000 '!:fO q 5/3012002 1789/2209 179.000 I~ Q 9/1/1.1 939/1058 35.000 WI) Q 8/1/1979 796/109B 10.500 00 Q ThiS page has been visited 123,425 limes, Monroe County Property Appraiser Ervin A. Higgs, CF A P.O. Box 1176 httn'//www mrnl'lfl nra/Pron~p~rf'h l'<:nv ., /1 &:./'loon c) APPLlCA TJON () -. --~ . "~, < /r l'lf" .., . // .~ if C ''ii'' ~ ..~, :r \\\ _~:J!. ~ / ::-...."'J ,~. "\o~... I.~~.....r ~... ~~,~,.;t: ADMINISTRATIVE RELIEF APPLICATION Administrative Relief fee: $1,011.00 Property Owner's Name: Mark & Jane Rllis Property Owner's complete mailing address: 106 Nautilus Drive, Islamorada, FL33036 Phone: Fax: Agent's Name: Gav Marie Smith Agent's complete mailing address: PO Box 1638, Tavernier, FL 33070 Phone: 305-451-2675 Fax: 305-451-2675 {Please attach a statement authorizing representation of this application by someone other than yourself. The statement should read: "1, (owner's name) authorize (individual you are authorizing to represent you) to represent my property fgr this application for Auministrative Relief" PROPERTY DESCRIPTION: Lot 5 Block 8 Subdivision Sunrise Point Add Amended Key (island): Key Largo Street Grouper Lane M~5 RE: 00484200.000000 If metes and hounds, attach legal description 011 separate sheet. Permit Application #:__ 04-3-5106 -- -._--"- -- Date of most recent ROGO application: 1/13/05 What kind of administrative relief are you seeking? The property owner has been in the - ------..- RaGa System for four years and is requesting t Monroe County . . 'dence NOTARY: ST A TE OF F~RIDA COUNTY OF 9Y\f1,,~ The foregoing signat~re \~ae~nOwledged before me this 2:1day of 1Jf1/' { .2001. By ~(\!r mAn; Iltt fl) who is personally known to me or produced (PRI. '\..\.\IE OF PERSo."Ii srG."'il.\"G) . as identifZ. /'~'?tf'" JOSHUA P. GAU.O I exj9s: I/r [..~i'f'1 MY COMMISSION 1/ 00 564745 ~"'. ~fi EXPIRES: October 16. 2010 ature of Notary Publ'c, State of Florida v...\';;:n;,'" eondtcl Thl1/ Natal'f P:.ti<; UndllWnlttll o BE COMPLETED BY STAFF- DATE: il:)"}/()CJ PERMIT # c.Y 3<0 f)/ D (.", l'iIIKe 2 ,f2 .~.1ml-Hlf4~vt rte cf AIli 1..:;I".,n ..:;/I}:;'J:IJo)Q () @ Date: Vlvl eft I hereby authorize Gay Marie Smith be listed as authorized agent for Mark J Hlis for the Administrative Relief Application submittal for Building Permit Application 04-3-5106 for property described as Lot 5, Block 8 of Amended Plat of Sunrise Point in Key Largo under Real Estate Number #00484200.000000 This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purpose stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Note: Authorization is needed fro each owner of the subject property. Therefore, one or more authorizati n forms must b submitted with the application if there are multiple own rs. NOTARY: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this ~day of April ~ by (Jrk J Hlis who is personally known ~roduced identification l l...--r Type of Identification) did/did not take an oath. --;;:;:: / ~ Notary p~'nat;t;f - t//oUJ/d r TAMIIY~ . Notary PI*tIc . ... If..... My Comm. &pne "" Ie. Commllllon II GO ....1. Q) C9 Date: L-f '2J'O~ I hereby authorize Gay Marie Smith be listed as authorized agent for Jane J Hlis for the Administrative Relief Application submittal for Building Permit Application 04-3-5106 for property described as Lot 5. Block 8 of Amended Plat of Sunrise Point in Key Largo under Real Estate Number #00484200.000000 This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purpose stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization forms must be submitted with the application if there are multiple owners. Jane9Lm~ q~ NOTARY: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged befo~e this c6.L day of April 2009 by Jane J Hlis who is personally known _ produced identification (.fL.. J>L Type of Identification) did/did not take an oath. . ._~ ~ry Public Signature , t'lt' ZULAY TORRE&fIEAlRD Notary PublIc, Stllllof FfarIda CornmIaIonI D06808ll8 My oomm. expires July 01,2011