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Item Q11
BOARD 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 Jose L & Rebecca J. Zambrana on Lot 34, Block 4, Bluewater Trailer Village Section 4, Key Largo, Real Estate Number 00489136.018000. ITEM BACKGROUND: A building permit was applied for on 6/9/2003 and a ROGO application was applied for on 12/9/2003. The applicant applied for administrative relief on 5/14/2007 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 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 DOCUMENTATION: Included X DISPOSITION: OMB/Purchasing N/A Risk Management _N/A Not Required AGENDA ITEM # RESOLUTION NO. —2008 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JOSE L & REBECCA J. ZAMBRANA ON PROPERTY DESCRIBED AS LOT 34, BLOCK 4, BLUEWATER TRAILER VILLAGE SECTION 4 SUBDIVISION, KEY LARGO, RE # 00489136.018000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, Jose L & Rebecca J. Zambrana 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 Jose L & Rebecca J. Zambrana is for Lot 34, Block 4, Bluewater Trailer Village Section 4 Subdivision, Key Largo in Monroe County, Florida having RE# 00489136.018000. 2. The date of the ROGO application is 12/9/2003. 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 5/14/2007, 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 use district designation of Urban Residential Mobile Home (URM), is located in the Bluewater Trailer Village Section 4 Subdivision and is located in a Tier 3 designated area. ADMINISTRATIVE RELIEF RESOLUTION Page I Of 2 RE# 00489136.018000 03302600 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Jose L & Rebecca J. Zambrana, for Lot 34, Block 4, Bluewater Trailer Village Section 4 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 I: (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Charles "Sonny" McCoy MONROE —)UN1, ATTORNEY APPROVED ASIMFORM U ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RE# 00489136,018000 03302600 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 .wM. 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 , i Ralph Gouldy, Sr. Administrator Environmental esources Through: Townsley Schwab, Acting Director of Planning & Environmental Resources 19 Date: January 28, 2008 Subject: Request for Administrative Relief for Zambrana Lot 34, Block 4, Bluewater Trailer Village Section 4, Key Largo, Real Estate No. 00489136.018000 1. 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: 12/9/2003 Date Entered Administrative Relief: 5/14/2007 Tier Score: 34 Tier 3: 30 Perseverance: 4 11. CURRENT CONDITIONS Location: Lot 34, Block 4, Bluewater Trailer Village Section 4, Key Largo, Real Estate No. 00489136.018000 Owner: Jose L & Rebecca J. Zambrana Applicant/Agent: NA Land Use District: Urban Residential Mobile Home (URM) FLUM: Residential High (RH) Tier: 3 2007 Taxable Value: $37,240 Page 1 of 2 03302600 Purchase Price in 2003: $45,000 Reviewed by 1 III. LEGAL ELIGIBILITY AND OPTIONS 2 3 Eligibility for Administrative Relief Options: 4 Section 9.5-122.3 of the Monroe County Land Development Regulations and Policy 101.6.1 of 5 the 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received 6 an allocation award in the ROGO system may apply to the Board of County Commissioners for 7 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 8 all requirements of the dwelling unit allocation system and having been considered in at least in 9 the first sixteen consecutive quarterly allocation periods, and not having received an allocation 10 award. The applicant has timely requested administrative relief in the form of one (1) ROGO 11 allocation award and has not expressed a desire to sell the property to the County. 12 13 Relief Options under Administrative Relief: 14 The remedies available for Administrative Relief pursuant to Section 9.5-122.3 includes: 15 16 a. Offer to purchase the property at its fair market value as its preferred action if the 17 property is located within: a) a designated Tier I area; b) a designated Tier H area 18 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 19 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 20 for affordable housing. 21 b. Grant the applicant an allocation award for all or a number of dwelling units 22 requested in the next succeeding quarterly allocation period or extended pro rata 23 over several succeeding quarterly allocation periods as the preferred action for 24 buildable properties not meeting any of the criteria in (1) above. 25 c. Suggest or provide such other relief as may be necessary and appropriate. 26 27 In the event purchase is recommended and the owner refuses the purchase offer, the 28 applicant may remain in the ROGO System and continue earning perseverance points 29 according to the vesting provision of Tier Ordinance 009-2007. 30 31 IV. RECOMMENDATION 32 33 It is recommended that the Board of County Commissioners find that the applicant has met the 34 criteria and qualifies for Administrative Relief It is further recommended that a Resolution be 35 prepared that establishes this relief awarding one (1) ROGO allocation in the next quarterly 36 ROGO allocation period which closes 4/14/2008, or a succeeding quarterly allocation period in 37 which administrative relief allocations are available. Page 2 of 2 Reviewed by 03302600 7. -E + qmvmp� blomw C-7 not - kwimpow L 4.p W� I L low Lr JWM6 1 r;jwlt am"i 1 Molt" & 14 m mmmllllllm�Mllllm E FOR DEPARTMEN:Planning] Date of filing with the APPLICATION FOR Director ADMINISTRATIVE RELIEF _ Administrative Relief fee: $760.00 Owner's Name: Joss � , 071- 7 Ate' n nj !q- Owner's mailing address: _�;Z5 �pi?�r1 ,g,��y �� . � �p,-/L/, ee %'-'7/ 336) �L) Ss --2 / goo) Agent's Name: Agent's mailing address:__ Phone: (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# Vo 4 S' y / 3�) ,o sc)C76 Legal description (attach metes and bounds description if necessary): Permit #: 02 - 3 - 0:?�100 P6 G . %fi Date of most recent ROGO application: -/) f'e `y, -'20Q What kind of administrative relief are you seeking?_ Additional Comments: NOTARY: STATE OF FLO DA COUNTY OF — �Tit '�ignature A�� o The foregoing signature was acknowledged before me this day of Za — By' a who is personally known to me or produced as identification, My o fission xp' �o, U LA NOWY Puhfc - SM of Fbft Signature of Notary Public, State of Florida 6 DO �j(� Page : of 29P)"nmg my � • Aw' W f;R0W111 .%4ANA(6,ff.N1' 11mplat- Pia lnvg App,xatinm, - Pr—dppfi, xuU-m Admm.uwiw RrGef.dm 3.2007 Ol'ost/Print Receipt RECEIPT POST fMpRMT q OtSPIAY WMCE VOW EXIT Post"": new receipt time RECEIPT NUMBERI 99172 RECEIPT DATE 05/14 2007 STATUS �O T 'DOCUMENT CH P.THIS RCPT BALANCE DUE 'P 03302600 A` PAID TO DATE TOTAL FEE DESCRIPTION 760.0W 840.00! 950.00f 4060.14;BK4 LT34 BLUE: f 'TOTALS 760. 00 8g0.00 1—` 950.00 4060.14 RECEIVED BY colej NOTES JADMINISTRATIVE RELIEF RECEIVED FROM JOOSE ZAMBRANA CASH DRAWER , �� �tJ .� UDF 106.1 -77-71 UDF 106.2""` � .. AMT TENDERED 760.06 '- AMT APPLIED �760.00 =CHANGE DUE 0.00 Pay Method CODE "'AMOUNT. DOCUMENT NO _ � _ 760.001 ,2094 = TIB � TOTAL �760.00 2094 JOSE L ZAMBRANA 63-928/670 REBECCA T. ZAMBRANA Tate c/—,O �7 3 n to the MONROE COUNTY BUILDING DEPI _ � $ %0 &V ordero� 1— �-W/0_b `Dollars 8 ppTavemler, FL 33070 JG�,_ , For t'06?00921B0i: 301,5?0?9006ll' 2094 / \ 3 > / � a / / q i . � i\' m E ; z > J \ ' \ / s ] i ® � • > « / } ! \ Q \ ) ; G f / o g o = I k ° x \ S 0 \ k C) z a 2 \ 2 w w \ w 0 0 / . r % \ \ / 2 \ 2 ? r) g @ = z e 3 2 z 2 } ƒ\ g a ■ \ 2 w a - > ® • / / ) 0)\ § Cl) ® K E //$ m 2 § � _ § _o . k$ _ 2 \ 0 co L. o ) t f q » a 2 2/ w E R 00 co t \ f e / a . o m 8 _ s � k � _ 0 E R \ � $ 2 S > $ D $ L. ® \ / f / � / \ 2 O w U m _ u $ 0 o k z z / a £ $ @ \ /CL 0 e } 2 . 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