Item M5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2007 Division: BOCC
Bulk Item: Yes _ No Department: Neugent — District 2
Staff Contact Person/Phone #: Terri Marble #4512
AGENDA ITEM WORDING:
Discussion of a request by a constituent to waive minor conditional use fee for a one story motel
located at the Sugarloaf Lodge.
ITEM BACKGROUND:
See Attached Memo
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes
SOURCE OF FUNDS:
No
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included Not Required
DISPOSITION:
Revised 8/06
AGENDA ITEM #
Memo To: Commissioner George Neugent
Re: Request to waive minor conditional use fee
Dear Commissioner Neugent:
All 24 units in the one story motel located at Sugarloaf Lodge motel which
were built at a four foot elevation in 1960 were badly damaged in Hurricane
Wilma in October 2005.
Rather than attempting to restore those units at their former elevation, I
sincerely believed for safety and flood plain considerations that it was much more
prudent to replace each unit with an elevated motel room or suite as defined in
the Monroe County Code to the flood plain level of A-11.
The planning staff issued letters of development rights determination on July
19, 2006, and August 9, 2006, acknowledging that the conversion of those units
into larger suites was ROGO exempt and permissible under the existing Monroe
County code.
The planning staff has now asserted that since I am substantially changing
the size and nature of each unit I must apply for and go through a minor
conditional use process which now calls for a fee of $8,484.00 plus other costs.
It is my position that this places an unnecessary and unreasonable burden
upon me in view of the fact that I have already sustained over a million dollar loss
as a result of the damage done to these units by Wilma over and above any flood
insurance received.
I also know FEMA encourages such remodeling with financial incentives to
the owner who elevates and that such a high application fee tends to discourage
such remodeling.
Division 3 conditional uses states in section 9-5-61 that the purpose of
conditional use review is to ensure the appropriateness of the use at a particular
location.
The existing 24-unit motel has been in continuous operation since 1960 and
but for Wilma would still be in operation. Its appropriateness at the current
location is not subject to any doubt at this time.
The standards to be considered under Section 9.5-65(a)(i) in granting this
vested conditional use have been clearly met and none of the objections to such
a conditional use enumerated therein exist.
Since there is nothing in the code to suggest that an existing lawful use
cannot be restored after a catastrophic event I believe the review if necessary
should proceed without the imposition of the fee proposed or that that fee should
be waived by the vote of the Board of County Commissioners.
Respectfully submitted,
Lloyd A. Good, Jr.