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Item I1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17,2008 Division: Growth Management Bulk Item: Y es ~ No - Department: Planning and Env. Resources Staff Contact Person: Tiffany StankiewiczlRalph Gouldy AGENDA ITEM WORDING: A ratification of Board action taken August 20, 2008 awarding allocation to James & Karen Hoefert on Lot 26, Block 3, Ocean Park Village, Key Largo, Real Estate Number 00446040.000000 with corrective resolution. ITEM BACKGROUND: A building permit was applied for on 4/14/2004 and a ROGO application was applied for on 6/16/2004. The applicant applied for administrative relief on 6/19/2007 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) ofthe Monroe County Code. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners considered the Administrative Reliefrequest August 20, 2008. The Board approved the Administrative Reliefrequest in the form of an allocation award however; the Board did not have a written resolution for consideration. Therefore this resolution ratifies and reflects the action taken by the Board. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. 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- OMBlPurchasing 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 & KAREN HOEFERT ON PROPERTY DESCRIBED AS LOT 26, BLOCK 3, OCEAN PARK VILLAGE SUBDIVISION, KEY LARGO, RE # 00446040.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. WHEREAS, James & Karen Hoefert 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 & Karen Hoefert is for Lot 26, Block 3, Ocean Park Village Subdivision, Key Largo in Monroe County, Florida having RE# 00446040.000000. 2. The date of the ROGO application is 6/16/2004. 3. The ROGO allocation application, which includes a land dedication, has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 10 1.6.1 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 6/19/2007, 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. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 RE# 00446040.000000 04301710 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Ocean Park Village Subdivision and is located in a Tier 3-A designated area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to James & Karen Hoefert, for Lot 26, Block 3, Ocean Park Village 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. A land dedication will be made as applied for on the ROGO application. 3. The allocation award shall be taken out of the next quarterly allocation which closes on 10/1412008 or III the succeeding quarterly allocation period III 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 -1L day of September, 2008. Mayor Mario Di Gennaro - Mayor Pro Tern, Charles "Sonny" McCoy - Commissioner Dixie Spehar - Commissioner George Neugent - Commissioner Sylvia J. Murphy - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION Page 2 of2 RE# 00446040000000 043017JO