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Item Q10BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 20, 2008 Division: Growth Management Bulk Item: Yes _ No X Department: Planning and Env. Resources Staff Contact: Tiffany Stankiewicz, Ralph Gouldy AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for James A. Sample IV on Lot 5, Block 9, Largo Sound Park, Key Largo, Real Estate Number 00471940.000100. ITEM BACKGROUND: A building permit was applied for on 1/6/2003 and a ROGO application was applied for on 2/13/2003. The applicant applied for administrative relief on 2/22/2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of one (1) dwelling unit allocation. 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 COST TO COUNTY: N/A BUDGETED: Yes N/A No 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 # RESOLUTION NO. —2008 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JAMES A. SAMPLE IV ON PROPERTY DESCRIBED AS LOT 5, BLOCK 9, LARGO SOUND PARK SUBDIVISION, KEY LARGO, RE # 00471940.000100 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, James A. Sample IV submitted an application for administrative relief under Sec. 9.5-122.3 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 James A. Sample IV is for Lot 5, Block 9, Largo Sound Park Subdivision, Key Largo in Monroe County, Florida having RE# 00471940.000100. 2. The date of the ROGO application is 2/13/2003. 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 9.5-122.3 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 9.5-122.3(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 2/22/2006, under Section 9.5-122.3 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. The subject property has the land Subdivision (IS-M), is located in the located in a Tier 3 designated area. ADMINISTRATIVE RELIEF RESOLUTION RE# 00471940.000100 03300058 use district designation of Improved Largo Sound Park Subdivision and is Paget of 2 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to James A. Sample IV, for Lot 5, Block 9, Largo Sound Park 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 9.5-122.3 of the Monroe County Code. 2. The allocation award shall be taken out of the next quarterly allocation which closes on 4/14/2008 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 _ day of February, 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tem, Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK IM Mayor Charles "Sonny" McCoy MONROE COUNTY ATTORNEY APPR D AS T DpM oat ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RE# 00471940.000100 03300058 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tiff Y� 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 Environmenta( escurces Through: Townsley Schwab, Acting Director of Planning & Environmental Resources�� Date: January 28, 2008 Subject: Request for Administrative Relief for Sample Lot 5, Block 9, Largo Sound Park, Key Largo, Real Estate No. 00471940.000100 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: 2/13/2003 Date Entered Administrative Relief. 2/22/2006 Tier Score: 34 Tier 3: 30 Perseverance: 4 II. CURRENT CONDITIONS Location: Lot 5, Block 9, Largo Sound Park, Key Largo, Real Estate No. 00471940.000100 Owner: James A. Sample IV Applicant/Agent: NA Land Use District: Improved Subdivision (IS-M) FLUM: Residential Medium (RM) Tier: 3 2007 Taxable Value: no history Page 1 of 2 03300058 Purchase Price: no history Reviewed by7�-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Eligibility for Administrative Relief Options: Section 9.5-122.3 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 in the first sixteen consecutive quarterly allocation periods, and not having received an allocation award. The applicant has timely requested administrative relief in the form of one (1) ROGO allocation award and has not expressed a desire to sell the property to the County. Relief Options under Administrative Relief: The remedies available for Administrative Relief pursuant to Section 9.5-122.3 includes: 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 H area (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special Protection Area); or d) a designated Tier IN 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 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 the vesting provision of Tier Ordinance 009-2007. 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 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period which closes 4/14/2008, or a succeeding quarterly allocation period in which administrative relief allocations are available. Page 2 of 2 Reviewed by� 03300058 I • -�ii�l f _ • • ' �1 71 r 1 ' 'J . (",W 1 . • , f 'ems = .' : r : i• r'•_ i • • .'- II 4 • C• - -�- r RAF _ �' f iL � � •i L' L • r or Lr- �T .. • .,�.� . . __ . rIFz r -_ _ •' 'rt 19.16% ' � 1 � ■ II i L • rW1.1 arm:. II I ��F- Environmental Resources=4:_L Awl A&' r� 9 FOR DEPARTMENT ONLY Date of filing with the Planning APPLICATION FOR Director ADMINISTRATIVE RELIEF Applicant is: 0 Owner NAuthorized Representative Applicant's Name:Gay Marie Smith Applicant's mailing address: PO Box 1638 Tavernier, FT 3307n Owner's name (if applicant is not owner): James Sample IV Owner's address: PO Box 2493, hey Largophone: Fax: (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 for this application for Administrative Relief' RE# 00471940.000000 Legal description (attach metes and bounds description if necessary): Lot 5, Br,n -k A Of Largo Sound Park Permit #: 03-3-0058 Date of most recent ROGO application: 2 / 1 3 / 0 3 What kind of administrative relief are you seeking?The application has been in the ROGO system for four years and the owner is requesting Monroe County issue the permit based on the adminstrative relief, Additional Comments: NOTARY: STATE OF FLORIDA COUNTY OF Monroe Applicant's Signature The f egoing signature was acknowledged before me thisrday of B' who is rsona�wn to me or produced as id ti cation. My,commission expires: < Signature of Notary Public, State of Florida FAManning"Working kTlanning ApplicatimuUdminittmive RelieCdoc 1212003 MONROE COUNTY ***LIVE*** Page 1 of 1 MISCELLANEOUS RECEIPT RECEIPT # : 82466 PRINT DATE : 02/22/2006 RECEIPT DATE 02/22/2006 PRINT TIME : 11:02:00 OPERATOR : mallettw COPY # : 1 RECEIVED BY REC'D. FROM mallettw JAMES SAMPLE CASH DRAWER: 3 UDF 106.1 UDF 106.2 NOTES : ADMINISTRATIVE RELIEF FOR PERMIT #03-3-0058 FEE ID ZONING-032 , TOTALS: METHOD OF PAYMENT ----------------- CHECK TOTAL RECEIPT : AMOUNT 760.00 760.00 AMOUNT ------------ 760 , d'0 760.00 THIS RCPT BALANCE 760.00 0.00 760.00 0.00 NUMBER FIRST STATE BANK 1 DAMES A. SAMPLE 3353 N JEINFISH AV,6 KEY tJ1O0 A, FL 33037 Date 2 22las3-+3/e70 Pay to the Cyc� Order of 7/ 0 dk �/ST�oilers 8 For 1:0 6 7000 4 341io - ©' _? 280 5 90 3 3 %WMWUEVA�K Property Information for 90F111-02 Page I of I MONROE COCNT) PROPERTY APPRAISER PROPERT} INFORMATION FOR: Altercate Key: 908999-1 RE Number: 00471940-000100 Property Details ONN NER OF RECORD SAMPLE JAMES A IV P O BOX 2493 KEY LARGO Fl, 33037 PHI -SIC al_ 1_0c :k-rloN VACANT LOT JEWFISH AVE KEY LARGO LV-6 -tL-ES_('RIPTIO\ BLK 9 LT 5 LARGO SOUND PARK PB3-11 1 KEY LARGO OR 177-365 OR 1109-1431 OR 1468-199Q/C SUBDIVISION: LARGO SOUND PARK $-FC-Tj9 OWNSHMRA\GE 14 - 61 - 39 AFFORDABLE NOISING No ILLAGE ROr P 500K PC ODE VACANT RESIDENTIAL PROPER'll' MAP Lana vecaus LAND sE ODE FRONTAGE DEPTH LAND AREA 01 OD - RESIDENTIAL DRY 50 102.5 5125 SF Parral Val... LJ.,* .., Yarcei Sales History There is no value history for this parcel. 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