Loading...
Item P7 P7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 13, 2023 Agenda Item Number: P7 2023-1863 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: A Public Hearing Concerning a Request for Administrative Relief Pursuant to LDC Section 138-27 Made By Thomas Rothdeutsch On Property Described As Lot 12, Block 11, Tropical Bay 3rd Add., Big Pine Key, Having Parcel ID 00314240-000000. ITEM BACKGROUND: Thomas Rothdeutsch, the applicant, has submitted a request for Adminstrative Relief under Land Development Code Section 138-27. The Applicant submitted building permit application#16103836 on May 24, 2016. The permit applicant entered ROGO on 05/29/2019. On 09/19/2023 the Applicant submitted an Administrative Relief Application for Permit#16103836. 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. The applicant is specifically requesting relief in the form of issuance of a ROGO allocation award and building permit for the construction of a single family house on the subject property. Owner/Applicant: Thomas Rothdeutsch Land Use District: Improved Subdivision (IS) FLUM: Residential Medium(RM) Tier: II Total Assessed Value (2023): $53,274 Total Just(Market)Value (2023): $68,162 Purchased: January 19, 2016 3749 Purchase Price: $50,000 (MCPA) Deed Type: Warranty Deed In accordance with Section 138-27 and Policy 101.7.1, the preferred option for granting administrative relief to a Tier II property on Big Pine Key, is award in the form of an offer to purchase the property at its fair market value. The Monroe County Land Authority has confirmed that the subject property would be eligible for purchase. Please See Attached Staff Report for Full Details and Analysis. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. Further, consistent with Comprehensive Plan Policy 101.7.1 and LDC Section 138-27(g), staff recommends that relief be in the form of an offer by the Monroe County Land Authority to purchase the property. DOCUMENTATION: Rothdeutsch 16103836 Report.docx Exhibit 1 Adm Relief Application 16103836.PDF Exhibit 2 Rothdeuthsch 16103836 ROGO App.PDF Exhibit 3 Approved Q4Y31 BPNN.pdf Exhibit 4 LDC and CP.pdf Rothdeutsch 16103836 Resolution Purchase.docx FINANCIAL IMPACT: N/A 3750 AA °`�emu..• 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, Development Administrator Michael Roberts, CEP; PWS, Assistant Director/Environmental Resources Through: Emily Schemper, Sr. Director of Planning and Environmental Resources Date: November 27, 2023 Subject: Request for Administrative Relief for Rothdeutsch Lot 12, Block 11, Tropical Bay 3rd Addition, Big Pine Key Real Estate No. 00314240-000000 Meeting: December 13, 2023 1. BACKGROUND The applicant submitted building permit application ##16103836 on May 24, 2016. The permit applicant entered ROGO on 05/29/2019. On 09/19/2023 the Applicant submitted an Administrative Relief Application for Permit##16103836 (Exhibit 1). The applicant is eligible for Administrative Relief pursuant to Monroe County Land Development Code (LDC) Section 138-27(a) in the form of an offer by the Monroe County Land Authority to purchase the property, having complied with all requirements of the dwelling unit allocation system, being considered in the first sixteen consecutive quarterly allocations and having not received an allocation award. The applicant is specifically requesting relief in the form of issuance of a ROGO allocation award and building permit for the construction of a single family house on the subject property. Date Entered ROGO: 05/29/2019 (Exhibit 2) Date Entered Administrative Relief: 09/19/2023 Total ROGO/Tier Score: 18 Tier Points 10 Land Dedication Points 0 Wetlands Tier 3 adj to Tier 1 w>50 0 Payment to Land Acquisition Fund 0 Wetlands Tier 3 adj to Tier 1 w<50 0 Mkt EMP/AFH project 0 Located on No Name 0 BAT/AWT 4 Marsh Rabbit/Buffer 0 Bldg designed/certified Green Bldg Code 0 Key Deer Corridor 0 Permanent Concrete Cistern (1,000 gallons) 0 Aggregation Points 0 Gray water reuse 0 Page 1 of 9 Reviewed by 16103836 3751 *Solar photovoltaic 3KW or equiv. 0 Flood Zone 0 *Ductless A/C or High efficiency chiller 0 Perseverance Points 4 This application was ranked#14 out of 22 applications in Quarter 4, Year 31 (Exhibit 3). II. CURRENT CONDITIONS Location: Lot 12, Block 11, Tropical Bay 3rd Addition, Big Pine Key Real Estate No. 00314240-000000 9 r W l din li�O „ AN � f w Owner/Applicant: Thomas Rothdeutsch Tier: II Land Use District: Improved Subdivision(IS) Total Assessed Value (2023): $53,274 FLUM: Residential Medium(RM) Total Just (Market) Value (2023): $68,162 Purchased: January 19, 2016 Deed Type: Warranty Deed Purchase Price: $50,000 (MCPA) Monroe County Property Appraiser Values Certified 2022 & Certified 2023 2028 Certified Values 2022 Certifiedl Values + Market lmprovement Value $0 $0 + Market Mix Value $0 so + Market land Value $68,1.62 $56,133 = Just,lMarketValue $68,162 $56,1 3 = Total Assessed Value $5 ,2'74 $48,431. Page 2 of 9 Reviewed by_ES 16103836 3752 Thomas Carl Rothdeutsch and Judy Michelle Rothdeutsch, Husband and Wife,puchased the property January 19, 2016 with a Warranty Deed. Subsequently, the property was Quit Claimed June 7, 2016 to Thomas Carl Rothdeutsch. Additional Relevant Information: The property is located in Tier 11 on Big Pine Key and consists of scarified land. It is mapped as developed land in the County's 2009 Habitat GIS layer. The parcel is not within the Florida Forever acquisition boundary. The parcel is adjacent to the Key Deer National Wildlife Refuge (in blue) and County-owned land (in yellow). ,J III. LEGAL ELIGIBILITY AND OPTIONS Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan and LDC Section 138-27 (Exhibit 4) provide 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. Policy 101.7.1 Monroe County, the state, or other acquisition agency shall, upon a property owner's request, offer to purchase the property for fair market value or permit the minimum reasonable economic use of the property, if the property owner meets the following conditions: 1. they have been denied an allocation award for four successive years in the Residential (ROGO) or Nonresidential (NROGO) Permit Allocation System; 2. their proposed development otherwise meets all applicable county, state, and federal regulations; 3. their allocation application has not been withdrawn; 4. they have complied with all the requirements of the Residential or Nonresidential Permit Allocation System; and Page 3 of 9 Reviewed by_ES 16103836 3753 5. they follow the procedures for administrative relief contained in the land development regulations. As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any residentially zoned parcel of record which was buildable immediately prior to the effective date of the Plan, no less than a single-family residence. A purchase offer is the preferred option for administrative relief, if the subject permit is for development located within: 1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county,state or federal agency or any private entity is willing to offer to purchase the parcel); 2. a designated Tier 11 or III-A (Special Protection Area); or, 3. a designated Tier III area on a non-waterfront lot for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. An application for administrative relief may be denied based upon any one of the following findings by a special magistrate or the Board of County Commissioners: 1. The applicant previously filed an inverse condemnation or other private property rights claim or cause of action that gave rise to a final judgment or order of dismissal issued by a court of competent jurisdiction in Monroe County's favor, and said claim or cause of action involved the same property and issues of fact that underlie the application for administrative relief; 2. A court of competent jurisdiction likely would determine that the failure of the applicant to qualify for an allocation award has not caused a taking of the property (whether such liability, at the time of application under this policy, is likely to be established by a court of competent jurisdiction should be determined based on applicable statutory, regulatory, and case law at the time the application is considered under this policy); 3.The property retains a practicable economically beneficial use despite its failure to qualify for an allocation award; 4. The applicant previously received an offer from a local, state, or federal governmental agency to purchase the property at its fair market value that was rejected by the applicant; or Page 4 of 9 Reviewed by_ES 16103836 3754 5. The failure of the applicant to qualify for an allocation award can be attributed to laws or regulations that are imposed or mandated by an agency of the federal government. Eligibility for Administrative Relief: The applicant has met the Administrative Relief eligibility requirements of Policy 101.7.1 and Section 138-27(a), below, having complied with all requirements of the dwelling unit allocation system, and having been considered in at least the first sixteen consecutive quarterly allocation periods and not having received an allocation award. The application was timely submitted. The applicant is requesting administrative relief in the form of one (1) ROGO allocation award and the applicant has not expressed a desire to sell the property to the County. Sec. 138-27. -Administrative Relief. (a) Eligibility. An applicant for an allocation award is eligible for administrative relief if: (1) The application complies with all requirements of the dwelling unit allocation system; (2) The application has been denied an allocation award for four successive years (first 16 consecutive quarterly allocation periods) in the ROGO Permit Allocation System; (3) The proposed development otherwise meets all applicable county, state, and federal regulations; (4) The ROGO allocation application has not been withdrawn; (5) The applicant has complied with all the requirements of the ROGO Permit Allocation System; and (6) The applicant has followed the procedures for administrative relief; and (7) The applicant has not received an allocation award. Relief Options under Administrative Relief. If the BOCC chooses to grant administrative relief to the applicant,per Comprehensive Plan Policy 101.7.1 and LDC Section 138-27(g)(1)b., the preferred action for the subject property (a Tier 11 designated parcel on Big Pine Key) is an offer to purchase the property at its fair market value. Policy 101.7.1 A purchase offer is the preferred option for administrative relief, if the subject permit is for development located within: 1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application Page 5 of 9 Reviewed by_ES 16103836 3755 for ad min istrative relief, it has been determined no county,state or federal agency or any private entity is willing to offer to purchase the parcel); 2. a designated Tier II or III-A (Special Protection Area); or, 3. a designated Tier III area on a non-waterfront lot for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. LDC 138-27(g) Board of County Commissioners action. At the conclusion of the public hearing, the BOCC may take any or a combination of the following actions: (1) 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 or within the Florida Forever (or its successor)targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel); b. A designated Tier II area (Big Pine Key and No Name Key); c. A designated Tier III-A area (special protection area); or d. A designated Tier III area on a nonwaterfront lot or parcel for affordable housing. (2) 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 subsection (g)(1) of this section. (3) Suggest or provide such other relief as may be necessary and appropriate. The subject property is designated Tier 11 and is located on Big Pine Key. In accordance with Section 138-27 and Policy 101.7.1, staff recommends that administrative relief be awarded in the form of an offer to purchase the property at its fair market value. The Monroe County Land Authority has confirmed that the subject property would be eligible for purchase. 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 Monroe Page 6 of 9 Reviewed by_ES 16103836 3756 County Year 2030 Comprehensive Plan. The owner could also pursue a Beneficial Use Determination (BUD) pursuant to LDC Chapter 102, Article IV, Division 2, though that option would require the owner to establish that applicable Comprehensive Plan policies and LDC provisions has caused a taking of the property, which is a standard the Department does not think the owner could satisfy in the quasi-judicial process. Per Policy 101.7.1, refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. If the BOCC were to instead choose to grant relief to the applicant through an allocation award for one dwelling unit on the subject property (138-27(g)(2)), the following would apply: Per Section 138-27(h), the number of allocations that may be awarded under administrative relief in any one quarter shall be no more than 50 percent of the total available market rate allocations available, excluding banked administrative relief allocations and those allocations received from Key West, in a quarter for that subarea. Any allocations, excluding banked administrative relief allocations and those allocations received from Key West, in excess of 50 percent shall be extended into the succeeding quarter or quarters until the number of such allocations is 50 percent or less of the total number of market rate allocations available to he awarded. As shown in the table below,the current number of banked administrative relief ROGO allocations for the Big Pine Key/No Name Key subarea is zero (0). Table shows Total Market Rate Allocations Unused ROGO Years 19-31 available for Administrative Relief Total Unused Market Rate Sub-Area Yr 19 Yr 20 Yr 21 Yr 22 Yr 23 Yr 24 Yr 25 Yr 26 Yr 27 Yr 28 Yr 29-31 Allocations Lower Keys 11 44 14 20 6 0 0 0 0 0 0 95 Big Pine/No Name Key 0 0 0 0 0 0 0 0 0 0 0 0 Upper Keys 0 0 0 15 15 2 0 0 2 15 0 49 Total Allocationsi 11 44 14 35 21 2 0 0 2 15 0 144 Note: This table does not include all expired market allocations and may be revised to included expired allocation awards If relief were granted by an allocation award, it would come from the next quarterly market rate allocations available for the Big Pine Key/No Name Key subarea in Year 32. Ordinance 006-2020, adopted by the BOCC on January 22, 2020, amended the ROGO allocation schedule beginning Year 29. There will only be one (1) market rate allocation available per quarter for the Big Pine Key/No Name Key subarea in Year 32. Based on the restriction that administrative relief awards may only be 50% of the quarterly allocation for a subarea, the allocation award would use 0.5 ROGO allocation from Quarter 2 and 0.5 ROGO allocation from Quarter 3, and the allocation would be awarded in Year 32, Quarter 3 (approximately May, 2024); similarly, that would leave 0.5 ROGO allocation in Quarter 2 and 0.5 ROGO allocation in Quarter 3 for award to other Page 7 of 9 Reviewed by_ES 16103836 3757 applicants on the ranking list. No allocation would be made in Quarter 2. Two (2) allocations would be made in Quarter 3 (one for administrative relief; one to a ROGO application in the queue). ROGO Year 32 Allocation by Quarter (July 13, 2023 —July 12, 2024) Annual Qtr 1 Qtr 2 Qtr 3 Qtr 4 Market Rate: Allocation Big Pine Key and No Name Key 4(a) 1(b) 1(b) 1(b) 1(b) (a)Per CP Policy 101.6.2 and LDC Sec. 138-24(a): Tier 1 limit in Big Pine Key/No Name Key Subarea shall be no more than one every two years. (b)Per LDC Sec. 138-27(h): Administrative relief awards shall be no more that 50% of quarterly allocation. For reference, in the last quarterly allocation period (Year 31, Quarter 4), one market rate ROGO allocation was awarded in the Big Pine Key/No Name Key subarea by the Planning Commission in August, 2023. The subject property/application was ranked number 14 out of 22 applications. Of the 21 remaining applicants, 3 are Tier 111; 16 are Tier 11 including the subject property; and 2 are Tier 1. Page 8 of 9 Reviewed by_ES 16103836 3758 R.ark Permit# Name Date Time Key Subdivision Lot Block R.E# Tier Des.. MARKET RATE DWELLING UNITS 1 10103101 Mackenzie,William 17-Sep-10 90::40 AM Big.Pine Key metes and hounds 00 111880 00020E 3 2 21103399 Gregory., David 12-Jan-2:2. 11::66 AM Big.Pine Key Hollerich 36 00286410-000000 3 3 2110.2912 Lawson.;Bradley 16-1. 11::45 AM Big:Pine Key Pine Channel Estates Sec 2 8 4 00248470-000000 3 4 22100134 Silveira.,Juan 31 02:::43 PM Big Pine Big Pine Cove 19 32-A 00308780-000000 3 5 @ 14102030 Strickland.,Stephen 21-Sep-15 10 10 AM Big Fire Key Doctors Arm 1st Add 1&2 im. 7 10 00312020..000000 2 6 �0m 08101995 Perez,Orlando 24-Jul-08 09::47 AM Big.Pine Key Tropical Bay �0m 31 �0m 00312890..000000 2. 7 �0m 0310.2801 Bahn(Rev..Trust) 14-Oct-08 02:::2.7 PM Big:Pine Key Doctors Arm 1st Add.. �0m 3 5 �0m 00311610..000000 2. B 10". 05100259 Vasquez,Jnvarl 10-Aug:-09 08:55 AM Big:Fire Key Doctors Arm 3rd Add Sec.B �0". 5 10". 00312572.000600 2 9 j0". 09102047 Eline.William 9-Pdov-09 01::34 PM Big.Pine Key Eden Pines Colony 3rd Add.. ° 2 � 23 ° 00271260..000000 2. 10 15106174 Ash..Androw 28-Jul-16 02:::20 PM Big:Pine Key Tropical Bay 2nd Add.. �0m 2 2 �0m 00313290..000000 2. 11 16104097 Kyle Kaiser E Trust 26-Sep-16 02:10 PM Big.Pine Key Doctors Arm 3rd Add.Sec.B �0m 15 �0m 00312572.001600 2 12 16107781 Urton.,Timothy 6-Jan-17 09::00 AM Big:Fire Key Doctors Arm S41bd Id Add..Sec..C 10". 1 00312673-000200 2. 13 17104430 Horvath Family Trust 2:1 08::30 AM Big:Pine Key Tropical Bay 3rd Add.. �0m 10 gym" 7 00313840-000000 2. 14 16103836 Rothdeutsch,Thomas 29-May-19 09:30 AM Big Pine Key Tropical Bay 3rd Add 12 11 00314240-000000 2 15 16103833 Rothdeutsch.,Judy 30-Jul-19 01.-.50 PM Big Fire Key Tropical Bay 3rd Add 10", 9 im. 5 00313630-000000 2 16 21100171 BasterlSanchez 16-Apr-21 9::30 AM Big.Pine Key Tropical Bay 3rd Add.. 7 3 00313490-000000 2. 17 21101106 1600 Watson Blvd Property LL 19-Jan-22 01:00 PM Big Pine Key Tropical Bay 9 00312660-000000 2 18 21100066 VL&.JR Property LLC 15-Feb-22 12:::40 PM Big.Pine Key Tropical Bay 3rd Add 7 5 00313T90-000000 2. 19 21101970 Rey.,Claudio B-Apr-22 01::29 PM Big:Fire Key Tropical Bay Add No 2. 8,5,&10 1 00313260-000000 2. 20 @ 20103022 Sikora.,Edward 12-Jul-21 2::00 PM Big:Pine Key Doctors Arm 1st Add.. 23&24 7 00312240-000000 2. 21 �0" 09102784 Pereira,Carlos 22-Oct-09 10::44 AM Big Pine Key Fort Pine Heights 10", 9 im. a 00290190.000000 1 22 17106948 Krieger,Steven 20-Mar-18 11::30 AM Big:Pine Key Sands j0". 14 " 36 00306090-000100 1 IV. RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. Further, consistent with Comprehensive Plan Policy 101.7.1 and LDC Section 138-27(g), staff recommends that relief be in the form of an offer by the Monroe County Land Authority to purchase the property. V. EXHIBITS 1. Administrative Relief Application 2. ROGO Application 3. Approved BPNN Q4Y31 PC 08.23.2023 Ranking 4. LDC Section 138-27 & Comp Plan Objective 101.7 Page 9 of 9 Reviewed by_ES 16103836 3759 l"lai Ut "t t 0 N l°11ra nrf'il a („✓, ty I; 1„� PLANNING AND ENVIRONMENTAL lE�;SC)� RcE �11^�t�c�t1�'�"MEM' �8 o Application for Residential Administrative Relief Monroe County Land Development Code Section 138-27 Al)pliattlioff Feu: $1,()1.4),()() In a(ldilion to the application fcc, tJaefi)fl'otn htAyfees also reply; iwmueu irauuuraaaaura.remenuumrr.+.�r,�x���urem;ixusmiarsumimum�mnrmmvuAismruwarmriw.rcawzm�uam mn+mirowmm�!iumrr�rvm��� u�.Vl,.t"ttlroilfllu iuC raostsaw�w$ikM245 0urr�um ronarn arx�x e mr�nmmrovararao-au r u�nireuvanmieiaara�nuu�or�uroxaa�nmmwwm�aa iwmi¢sinamumro'uamurrmwwr� Administrative Reflefrerrreirentent,x. (1) If an applicant for an allocation award:. ,a, tiAJrose application Illi fie tl c(cltted_till allocation..awarnf.,,for fcatlt...(4) �mccussauc yell: .all t)ig Itearraait Allocation System,and flails to receive an anocalion award,said applicant may apply to the board for administrative relief pursuant to file tarns and conditions set forth herein;and b. Whose proposed development otherwise ineels all applicable county„ state, and federal regulations;and c. Whose allocation application has llt?l lggtitmis idlAl.`,lr tnl;and d. Who him complied with all requirements of the pennit.Allocation System;and e. Applicant follows promfures for administrative relief contained in the tell(] development regulations;and f. Appheant has not received all allocation award. (2) An application for atdminishative relief shalf be, made; on a form prescribed by file Director ot' planning and tray be Filed with the Director of planning no earlier than,tha&concILisLa_srf Cfac f<iLlali am,tnw,l.1,1]l l akicaty,pea t9,&tncl.al a.1 Cc,a tllalra c rte_hrawncit°c cR .r Rlty..(.l Sty)_<l ryti,lollu lug.file c lc yg,ca4.f f fourth annual allocation oeriod. (3) Upon 'filing of an application for administrative relief, the Dircetor of Phinning & Environmental Resources shall forward to the Board of County Commissioners (BOC:C) alt relevant files and records relating;to the subject applications. Failure to fale an application shall constitute a waiver of array^rights under this section to assert that the subpect property has been taken by the county without payment of just compensation as a result arf"the dwelling;unit allocation systern. (4) Upon receipt of an applicatacur for administrative relief, the BOC'C°shall notice and hold a public bearing at which timer thaw applicant will be given all opportunity to be heard.. (5) The BOC'C rimy review the relevant applications and applicable evaluation ranking, taking lcoinaony flour county staff and others as may be necessary and hear testimony and review documentary evidence,submitted by the applicant. (h) At the conclusion of the public:hearing,the BOC:C;rnuay take tiny air a cornbinalion of the following; actions pursuant to Monroe County Code Section 138-27(,g) and Monroe County C:omprchensive ]'fair Pat icy 101.7.1: a. Offer to 'purchase the property at fair market value as the Board (if County C:oianrrissioners preferred action if the property is located within: i. A designated Tier 1 area or within the Florida forever (or its successor) targeted acquisition areas(artless, after 60 days Fiont the receipt of a complete application for administrative rchef, it has been determined no county,state or federal agency or tiny private entity is willing to offer to purchase file parcel); if. A designated Tier 11 area(Big fine Key and No Narnre Key); iii. era designated Tier I:I:1-,rA area(Special Protection Area);or iv. A designated Tier 111 area am a nonwaterfrom lot or parcet for affordable housing. b. Grant the applicant an allocation award for all or a number of d welling units requested in fire next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properfies not meeting any of the criteria Mourne County Code Section 135-77(g) and Monroe County Comprehensive flan Policy 101.7.1 c. Suggest such other relief as may be necessary and appropriate,. (7) Monroe Cou ly C.'ornprehensivc Plan Policy 101.7.3: Monroe County shall preclude the granting,of administrative relied"in the form of the issuance of a blinding permit for lands within the Florida Forever targeted acquisition orTier I land areas little.",after Crt)days front tine receipt of a complete application for administrative relief`, it has been determined the parcel cannot be purc;hase($ for conservation purposes by any county,state or federal,agency or away private:entity. (8) Limits on administrative allocations per quarter: The number of allocations that pray be awarded under administrative relief in any one quarter shalt be no rnore than 50 percent of the total available market rate: allocations available, excluding banked administrative relief allocations and those allocations received frorn Key West,in a quarter for that smbarea..Any allocations,exetuding banked administrative relief allocations and those, allocations received frorn Key West, in excess of`50 percent shralt be extended into the succeeding quarter or quarters until the number of'such.tit locations, is Sell percent or less of the total number of market rate allocations available to be awarded. (9) Refusal elf slue purchase offer by the property owner shalt not be grounds for the granting o'f a RC;QQ allocation sward. froerg�m 1 trr`2 h4Ptnelim,fl@;criGlcntia AgrotaHa aBac�ntX�� 217 t i g,y p R..grrrolecmnl�Initial and rimt� 3760..__.._,. m_� .. _,..,> a":.. _" °y' `�a.h 1 #JMR Al�4.w'IA✓COUNTY, R..�'Y.A MW.M.dA�[S PLANNING AND ENVI'RONM N CAP,RP,5CbpiRCES DEPARTMENT ,l �f, d `/f�✓i Application for Residential Administrative .Relief rikF,, Monroe County Carl Development Carle Section 13 - 7 Application Fee:$1,011 O.00 In ca(Afrdion to the epplica Lion fie, iife i)flcDrr,irr"a frt,s caJrsD rrf�falWt: AdvertisinguMmirr�a�vmmrvu�a�Costs:$245.t°40 �uu�imr�u�t+m�tnrndn�ar�«rtuuMmurrmnz� iR�nurr�rvi�rru'dwwrvauis�;osircmiorr�vu�rur�r�muro�urmx�uis�nrratm�ui�w�aauuwmobirvrcuwaunw�irvu�n;Imu�unr�imvuu� wm��r�m�aivau�mavrnrum.,�rr�rau�ir�ummururvratarµvwuioutmrtuorAmiiwat,�wu�i�x�imiwrmrAr�urmsa�unrrounrrwim,�adorw�rruwrswpu��wm�flturHAuau ATTACHMENTS: "I)COPY OF C"LJRR NT"PROPERTY RECORD CARD,2)C.'{SPY"{.7l'THE REC'C)iti:DED DE11,D OF THE SUBJECT PROPERTY AND 3)A'w'EGETATION SU VEY DA ED WITHIN SIX MONTHS OF AL)MITr9iS'I"I;A,,TIVY,;APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH TO 1",rfAKE AN APPOINT!v1E NT T'CI DELIVER YOUR APPt..I:C:ATION PLEASE CALL THE CiLtC1'4^J'I`H M.•NACaiil4 ENT OF ICI,: C;LOSI,.,ST T()Yt:)[1IC.,1'J<r'PROJECT, Property Owner's Narrre.:T horrlas Rothd utscli (RuAness/carp Documents showing who is anthorired to sign) __._. _._..._..._.. Properly Owner's complete mailing address: 667 Southseas St Big Pine Key, FL 33043 Phone: (titdcark). ...__..._. Ciicrsrrc} 30 4 8600 (no text) Eirlail Ad(iress,jrothdeutsch@yah�oo.com Agent's Name:None (Required f¢rr agents:are went autherIzation for the Administrative Relief Applicadwi Irani all property owners) Agent's complete mailing aaddrew. 'f� Plrc)ilc: Email Address: (Please attach a notarized statement authorizing representation of this application by all property owners, The statement should read:"L(owner's name)aanhorize(individual you are ant xoririnP to represent you) to represent my property for this application for Administrative belief 1 1 Tropical Bay 3rd A PROPERTY 1)I SC;it]TaTIC:?N:Lot(s) Black Subdivision Key(island): IC In Key Street: l�a4NlC Ln _ MM°.0 RE': ( Ff weles and 8nt mds,eat'tac°Fp dup;aP�'esna tp alanm nar sr,faaravt<sfuc��'. (P areel 1I)j Building permit Application ii 16103836 ............_._ _._........................ _ 1~tOGO Application tt: 161173336 D ate of most recent ROGO application:l ay" 29, 2019 --- Build Single Family Residence uGlxat kind sDl'administrative relief are you seekinPw ..._ 'NSutu: Punkauant to+Monrea count C.:Ix L arQtiLrred 6fauntl orC.'"nly Colmnraasteriwr� gcdon is o Myer purclrnse to the prxpt dy es dasiRncita^ta teat r'„ fr,Iff-A.(Spectetl Prulectionn Arun);err III mi nonwate front lot gnitnb'le for ratti>td arrle.ha'rtas7ng, NOTARY n ;� I c is z n STATE OF � °�� ��� Alxplicant's Signature C'CJLJN'TY OF_ :'Sworn to and srllxscribed before me,by rneans orAdplxysical presence or 0 online ncrtaariZation this c . ..m.... y _. rig ...> y� }lINTraaet[xrlrit era aAlrl}icrAltarrrar ' Ella aat l�-1, 20'. 3 b l 7 t Ida_ f" G 11— who is personally known to me ORproduced �-�?� �� f��2 �z, as a to x, (-TYPL OF Iln)',rIPO DUC.'tn„a)) .: .. a...... � rv;P4.% DEBORAH JANE POLK ' Notary Public State of Horida. Sr 6turc of Notary PnblitO ,. CtrrritDision if GCt 71/4270 Qa ' ' ". .. �4 COMM,ExpirestJtt 14,2tb2'3 Print,'Type or Stamp Conxmissioned Name of otary Public c r16 rrssDon expires: TO BE COMPLETED BY S"I'AF -DATE: ISOGO APPLICATION Page 2 of Adaat Relief Rejidetntiaa.l Apphcafion drx?d p23._ m..._. •:. � . AirpitennGe l'azraanl and d¢aaa .../"n v B � „�" .� � 3761 Monroe County, FL. Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose,Likewise„data provided regarding one tax year may not be ap licable in prior or subsequent years.By reqquesting such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00314240-OOOOOO Account# 1387762. Property1D 1387762 Millage Group 100H Location 30499 HAWK Ln„BIG PINE KEY Address Legal BK 11 LT 1.2 TROPICAL BAY 3RD ADDN BIG PINE KEY PB5-810R402-477 OR509- Description 123OR624-3790R788-6500R788-6510R804-2010R.2783-932/35OR2800- 2373/74 (wrote,Not Lai be Used on le g,a dc,acuruoentQ Neighborhood 585 Property class VACANT RES(0000) Subdivision TROPICAL BAYADD NO 3 SecrTw+p/Rng 14/66/29 Affordable No Housing Owner SLflt HI}L1L�1; -,.l TY NC�°rI`IL/a r_wLU 3667 Southseas St Big Pine Key PL330433 Valuation 2023 Preliminary Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + MarketlmprovementValue $0 $0 $0 $0 * Market Misc Value $0 $0 $0 $0 Market Land Value $68,162 $56,133 $46,109 $46,109 a Just MarketValue $68,162 $56,133 $46,109 $46,109 Total Assessed Value $53,274 $48,431 $44,028 $40,025 School Exempt Value $0 $0 $0 $0 School Taxable Value $68,162 $56,133 $46,109 $46,109 Historical.Assessments Year Land Value Building Value 'Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $56,133 $0 $0 $56,133 $48,431, $0 $56,133 $0 2021 $46,109 $0 $0 $46,109 $44,028 $0 $46,109 $0 2020 $46,109 $0 $0 $46,109 $40,025 $0 $46,109 $0 2019 $4B,114 $0 $0 $48,114 $36,386 $0 $48,1.14 $0 2018 $44,105 $0 $0 $44,,105 $33,078 $0 $44,105 $0 The MaXiI 16,YR r Portaltolity ns an rst imate,m ily annd should not be re Iied up on,as the actual portabiiity a nra inL Contact our attic�e to verify the actual portabilkyr anrcranit. Land Land Use Number of Units Unit Type Frontage Depth END CANAL U N PERMITTED(01 ECM) 8,100,00 Square Foot 0 0 Sales Sale Date Sale Price Instrument Instrument,Number Deed Book Deed i Page Sale Qualification Vacant or Improved Grantor Grantee 6/7/2016 $100 Quit Claim Deed 2800 2373 11-Unqualified Vacant 1/15/2016 $50,000 Warranty Deed 2783 932 05-Qualified Vacant 12/1/1979 $15„000 Conversion Code 804 201, Q-Qualified Vacant 3762 View Taal Info Ype&'1 are>(gs fear LI'ds Pa.rco-1. Photos V Iliiiiillllll � Map i e it r I illlf�� TRIM Notice No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge). Schneider GEa SPATNAL r.f.F.rp .xry rU,ir: qpb l4"aiwurylbrahc¢,z: 7 /r,M 3763 Firefox lath://or.nit)nroe-clerk.cc m/l andii rark'J eb//Docttj:ixent/Getf)octii—nenL.. P'led & Recorded in off. MONROE C®UI4TY Any il' rlet R ecords of N 6/10/ 016 :1aAM EEO D'OC STAPI c : C1a1 Return To: llOc# .? Eric McCarthy Bk# 2800 1 n13 2373 PO x 370 Ivey West,FL. 33040 This Document Prepared By: Eric McCarthy,Esq. P.O.Box 370 Key Westp Florida 33041 Propeny Appraiser's Parcel Identification(Folio) Number(s):0031 240 QUrrCLAIM DEED THIS INDENTURE,made this,.. day ofJune,2016 BETWEEN THOMAS CARL ROTHDEUTSCH and J DY MICHELLE ROTHDEUTSCK Husband and Wife,party of the first part,and THOMAS CARL ROTHDEUTSCH,a married man, party of the second part,whose post office address is 3667 South Seas ,Big Pine Key,Florida 33043, party of the second part, WITNESSETH,That the said party of the first part,for and In consideration of the sum of TEN and /100 Dol- lars,to them In hand paid by the said party of the second part the receipt of which is hereby acknowledged,have granted, ed,and sold to the said party of the second part,his heirs and assigns forever,the following de- scribed land,situate,and being In the County of Monroe,State of Florida,to wit: Loot 12,Bloch 11,TROPICA.L.BAY THIRD ADDITION,according to the plat thereof,as recorded In Plat Book S, Page 81,of the Public Records of Monroe C;ounty,Florida. Subject to conditions,limitations,restriction, ,and easements of record,and taxes for the year 2005 and subsequent years, To have and to hold the same together with all and singular the appurtenances themwto belonging or in anywise appertaining,and all the estate,right,Interest,lieu,equity and claim whatsoever of the said first party,either in law or equity,to the only proper use,benefit and behoof of the said second party forever, 3764 Firefox http://or.tr onroe-clerk.corn/'T1andmarkWcb//I:7cacument/G t ocu nerLt.,. Do it 2@79250 THIS IS N THE CONSTITUTIONAL HOMESTEAD OF GRANTOR. IN WITNESS WHEREOF,the said party of the first part have hereunto set their hands and seals the day and year first above written. Signed,sealed and delivered in the presence of. L.S. "i MASS C R EUTSCH j1Mt'E4ss:a si tarries) 9 L.S. *A-"C..dL-f.j- EIITIC Mal Zvi : ,t v (as to both signatories) STATE OF FLORIDA, COUNTY OF MONROE i HEREBY CERTIFY that on this day,before me„an officer duly authorized in the State and County aforesaid to take acknowledgements,personaUy appeared"THt3MAS C A RL ROTHIDEUTSCH and JUDY MICHELLE ROMKISC am tome wlt produced as identification„and who did/did did/did not take an oath,and who admowledSed that they have read the foregoing document and have executed it In the presence of two sub- scribing witnesses for the purposes therein expressed. WITNESS my hand and official seal in the Cotmty and;.State last afo id day of �A.D. 2016. Name: Notary Public,State of Florida Commlssion!44-12'/OJW My CommMott ! rev cocwa«aissro��t°w ona mass;na was MONROE COUNTY OFFICIAL RECORDS 3765 Robert W. Ehrig 29770 Mahogany Lane, Big Pine Key FL 33043 305 39 4 0112 Robertecon,servation@Outioak.Com August 21,2023 Vegetation Survey: Lot 12, Block 11 Tropical Bay Third Addition,304919 Hawk Lane, Big Pine Key FL 33043 Monroe County, Florida Owner:Thomas Rothdeutsch, 3667 Southseas St., Big Pine Key, Fl.33043,Contact.305 848,8600 Existing Conditions: Lot 12, Block 11,Tropical Bay Third Addition is an undeveloped residential lot.The lot is a mowed lot, bordered on the south by Hawk Lane and on the east by Egret Lane,with State Road 4A, Watson Blvd near the southeast corner, The lot is at the end of a canal which is located on the north side of the lot. A 25 ft. strip of the lot is east of the end of the canal.The northern property line is 20 ft. north of the Southeast corner of the canal at about midway point of the width of the end of the canal. The lot is 100.9 Feet on the west, 49,6 Feet on the canal, 121.85 Feet on the west side, and 89.3 Feet on Hawk Lane on the south. Lot 12, Block 11,Tropical Bay Third Addition is,a lot that was constructed over 50 years ago,when the canal was dug and the limestone that was dredged was deposited to form the lot. The elevation of the lot averages 2.8 Feet above mean sea level, with no, part above 3 ft.The surface of the lot is a sandy marl of calcium carbonate with a covering of primarily exotic grasses, dominated by Zoysia species, The lot has been mowed for many years.The canal edge on the north is not sea walled but a cut rock edge which has eroded to some degree before it was colonized by native vegetation.The edge of the canal is bordered down the entire length with primarily native vegetation, It is dominated by buttonwood, Conocarpus erectus, with seagrape, Coccoloba uvifera toward the center. There are three small Brazilian pepper,Schinus terebinthifolius, a category one invasive exotic, that must be removed, as per county ordinance. There is one small Saball palm,Sabal palmetto, growing near the base of the canal vegetation, near the west side of the property. There are also some red mangrove growing near the corner of the canal and in the water, inside of the native vegetation,The height of the canal native vegetation is 6 ft.—9 ft.tall. There are some very short pineland acacia,Acacia pinetorum, along the road edge that persist despite the mowing regime. The only other native vegetation:, is near the southwest corner of the lot.This,consists of a patch of fleabane, Pluchea odorata, a very early successional shrub that does not usually persist for very long. The lot is open and:vacant, except for the northern perimeter of native vegetation. The lot could be developed with no clearing of native,vegetation. 3766 Robert W., Ehrig 29770 Mahogany Lane, Big Pine Key FL 330143 3053940112 Roberteconservatio i utlook.corn August 21, 2023 Native Vegetation Species List Lot 12 Block 11,Tropical Bay Third Addition 30499 Hawk Lane, Big Pine Key, FL Monroe County Native Species List Acacia pinetorum pineland acacia 5 small short plants that have been mowed Cenchrus spinifex sand spur in front C6ccolob,a uvifera sea grape 5 medium trees, several seedlings Con ocarpus erectus buttonwood many trees in,canal vegetation Pithecellobium guadolupense black bead state threatened,one tree east canal vegetation Pluchea odorata fleabane dozen bushes, in sw corner Rhizophora mangle red mangrove on, edge of and in canal, interior of vegetation Sabal palmetto sable palm state tree, small one foot, under vegetation, Near the western edge of the property None of the native vegetation along the canal is larger than 10 ft.tall most is 6—8 Ft. This vegetation appears to have been; topped at one time. Note: There is a mature bush:of Thryal,lis, Galphimia gracifis, a non invasive yellow flowering shrub in the southwest corner among the fleabane.There is also a cycad,Zamiofurfuracea on the west edge, another non invasive landscape plant. 3767 ON 01 7=0"07� 71 , r 3768 „ �. n Ae �k a� 3769 0 ti ti MONROE COUNTY n,R ` PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT Residential Permit Allocation(ROGO)Application Monroe County Land Development Code Section 138-19 2030 Comprehensive Plan Objective 101.6 e�nrmuicovrrri��m�rr soroa�mres�eem�mr r wmuuuv�uHirmHUHuxixuen r�imr �sorrvruitirn� Application Fee: $850.00[MCC Section 139-25(b)nonrefundable fee) (NO APPLICATION FEE FOR AFFORDABLE HOUSING) PRINT(sINGLE-s1DED)AND ATTACH A COPY OF THE CURRENT RECORDED DEED AND A PROPERTY RECORD CARD(DATED WITHIN FIVE DAYS of SUBMITTAL). IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION,PLEASE CALL THE OFFICE CLOSEST TO YOUR PROJECT. [Marathon:(305)289-2500;Key Largo:(305)453-8800] ONCE THIS APPLICATION IS ACCEPTED AND DEEMED COMPLETE,REVISIONS MAY BE MADE PURSUANT TO LAND DEVELOPMENT CODE SECTION 138-25. �,n,�u !aVUNmmNi 'i �IIIIIIIIIIIIIIIIII Owner(s)Name: 1 ,-A . -� ::O T T C A Ph.(W) (H) .. i, a. (Businesses'"orp/Entity Documents showing who is authorised to sign and documentation showing entity is current and activrr) Mailing Address: ( F ,r,4 -3 Av Yr. City:, t,-6r; State: Fl Zip: ��� I Owner(s)Email Address: 1 1 S C o 07 �ti _ C c._3 Agent's Name: Ph.(W) (H) (RAgent listed then Agent authorization REQUIRED for the ROGO Application from all property owners If the Agent is BusiuessWorp Chet) documentation showing Who is authorized to sip and entity is current and active.) Mailing Address: City: State: Zip: (If Agent mailing address is the same as owner then only one letter will be sent to the owner.) Agents(s)Email Address: PROPERTY DESCRIPTION:Lot ) ., Block [ Subdivision ,a _L �I oe 9 Key(island): bib .&.. m... �.. ' MM: 30 RE: ( �Cr CJ c: C C� . ' � � Street: , � If metes and bounds,attach legal descrip ion on separate sheet. UniPpe(select 1 category): A)_Affordable/Employee Housing Unit or B)I7_Market Rate Residential Unit:(select r category): Commercial Apartment: I ._ Dwelling Unit: 17 Mobile Home: N.. , others: ..,_µm Check Yes or No. If yes,then attach the requested documents: Yes No The project is combining vacant legally platted lots or contiguous vacant parcels for aggregation for the voluntary reduction of density,for the retirement of development rights[see MCC Section 138-28(4)and Policy 101.6.4]. Please attach a copy of a proposed restrictive covenant,and unity of title,running in favor of and enforceable by the County. Include,if applicable,Affidavit of No Encumbrances,Joinder, and Entity Affidavit. For Aggregation points a lot/parcel must contain a minimum of 2,000 square feet of uplands.Please note a conservation easement may be required. If parcels were previously aggregated because of ROGO criteria[see If,the property has an Policy 101.6.4 and Monroe County Code Section 138-28(a)(4)],then a existing approved subsequent ROGO allocation application will receive the same recorded aggregation number of extra points originally assigned. Does the property have a does the property owner previously recorded aggregation restriction? Yes 7No�K, want the current ROGO point values AND the If yes,attach copy of recorded document(s). Pursuant to Policy 101.6.4 property owner proposes a and Monroe County Code Section 138-28(a)(4). Please attach a copy sunersedinrarrreeation? of proposed unity of title,running in favor of and enforceable by the Yes L No County. Please note a conservation easement may be required. (lfNO,the original aggregation points will be assigned.) A hcation Number: ) Applicant to initial and date each page � pp ROGO APPLICATION FORM REVISED 10.18.2018 Page 1 of 4 ti ti ^,,PPL?q"A 1ON ch The proposal includes dedication of vacant land pursuant to MCC Section 138-28(5)and Policy 101.6.4. Yes No Required attachments with this application are: 1) letter from the Biologist stating the property is dedicateable, 2)proof of ownership, including a copy of current Monroe County Property Record Card and a copy of the recorded deed showing you as the property owner,3)complete copy of title insurance policy and current Opinion of Title,4)proposed WARRANTY DEED(S)(Quit Claim Deeds will not be accepted),and 5)land dedications must be in the same ownership as the owner listed above unless the applicant has an approved land dedication certificate. List the RE:'(s)of the land to be dedicated: cI The applicant(s) is/are requesting market rate housing points, pursuant to MCC Section 138-28(a)(6), Yes U�.No, because the proposed unit is an integral part of employee or affordable housing project. The applicant(s) is/are submitting monetary payment to the County's Land Acquisition Fund for the Yes 7 No� Purchase of County of land for conservation and retirement of development rights. Maximum of two whole points maybe purchased. Each point is$30,218.Number points purchased and to be paid on date of this application submittal/acceptance by the Planning& Environmental Department with a Money Order or Cashiers Check The proposed unit(s)will be affordable housing.Required.•Please attach a copy of a current affordable Yes No 7 housing approval from the Planning Department. MCC Section 138-24(c) and 139-2(a)6(e), "No affordable housing allocation shall be awarded to applicants located within a tier I designated area,within a V-zone on the county's flood insurance rating map, tier Il or within a tier III-A(special protection area) if clearing is proposed for any portion of an upland native habitat" The submitted Building Permit Application and plans for the residential dwelling unit includes Energy Yes j No and Water Conservation Points in accordance with the 2030 Monroe County Comprehensive Plan Policy 101.6.4(10)to allocation applications on lands designated as Tier III. I/We are requesting the following points specified: Category Points Requested ❑ 3 points: Proposes a dwelling unit designed according to and certified to the standards of a sustainable building rating or national model green Yes, No building code ❑ 1 point: Dwelling unit includes installation of a permanent concrete If cistern with a minimum capacity of 1,000 gallons. Yes V No ❑ 2 points: Dwelling unit includes the installation of a gray water reuse system,meeting the requirements of the Florida Building Code. Yes F No ❑ 1 point: Dwelling unit includes installation of a solar photovoltaic collection system,a minimum of 3KW in size or the equivalent in other Yes No renewable energy stems, ❑ 0.5 points: Dwelling unit includes installation of one or both of the following technologies:• a.Ductless air conditioning system. Yes No b,High efficiency chillers If points are applied the system(s)must be maintained for a minimum of five years from the C.O.Unless replace with a system that provides a functional equivalent or increased energy or water savings. I/We understand if the property is not on lands designated as Tier III or the requested point(s) are not reflected on the current Building Permit Application eligible to submit into ROGO or are not in compliance with the Energy and Water Conservation Point criteria the point(s) requested will not be assigned to this application. Is there a pending code enforcement proceeding involving all or a portion of the parcel proposed for development? Yes o Code Case file# Describe the enforcement proceedings and if this application is being submitted to correct the violation: I certify that 1) I have read and examined this application including attachments and know same to be true and correct;2)All provisions of laws and ordinances governing this type of work are complied with whether specified herein or not, including the provision of Local, State, or Federal requirements regulating construction or the performance of construction; and 3)Time periods for County action set forth in Section 110-142 of the County Code are hereby waived. Applicant to initial and date each page i l••- Application Number: t` ROGO APPLICATION FORM REVISED 10.18.2018 Page 2 of 4 N ti ti %lal'IL:'CC ak T1()\ M Additionally, I understand an application for administrative relief may be submitted to the Planning & Environmental Resources Department as prescribed by the Director of Planning; however, an application for administrative relief may not be submitted before the conclusion of the sixteenth quarterly allocation period and no later than one hundred eighty days following the close of the sixteenth quarterly allocation period based on the current ROGO application. Furthermore, I acknowledge if the property is sold the rights to the ROGO Application and/or Administrative Relief Application will automatically transfer to the new property owner of record. The records for notification will only be updated after the new property owner(s)submits a copy of the recorded deed. Please note if the ROGO Application includes aggregation, land dedication, or affordable housing, documentation will need to be submitted by the new property owner(s)to show the basis of the scoring of the ROG.O Application has not changed. Otherwise, if the basis of the ROGO Application scoring_has changed then the ROGO Application will automatically be withdrawn once the Department is aware of the change. IT IS THE RESPONSIBILITY OF THE NEW PROPERTY OWNER TO UPDATE ALL CONTACT INFORMATION. Note,after 3 unsuccessful attempts to notify the applicant of record on the ROGO Application via certified mail,any allocation award shall expire. APPLICANTS ON BIG PINE Key&NO NAME KEY ONLY: I understand there is a mitigation requirement for new residences, non-residential floor area and institutional uses on Big Pine Key &No Name Key in order to ensure that development bears its fair share of the required mitigation under the Federal Incidental Take Permit (ITP). Prior to the permit issuance all mitigation requirements shall be satisfied according to the ITP for each H value impacted by the proposed development in accordance with the three to one H mitigation ratio in the Habitat Conservation Plan. Pursuant to Section 122-8 of the Land Development Code, development that occurs within areas designated as "Species Focus Areas(SFAs)"or"Species Buffer Areas(SBAs)"within unincorporated Monroe County will be reviewed pursuant to the"Permit Referral Process"to ensure compliance with the Federal Endangered Species Act (ESA). Note: Properties requiring FWS technical assistance who receive an allocation award pursuant to Monroe County will be issued an allocation pursuant to Monroe County Code Chapter 138. Some applicants may or may not obtain the required FWS technical assistance prior to the expiration of the allocation award and/or permit. If the allocation award/permit expires the property would be subject to the process again. I,the Applicant,certify that I am familiar with the information contained in this application,and that to the best of my knowledge such information is true,complete and accurate. Signature of Applicant: 9f - �L Date: STATE OF 1V\,P r��w COUNTY OF Sworn to and subscribed before me this «" "day of 20 , by . 'W-` a ,who is personally known to me OR produced (PRINT NAME OF PERSON MAIQNG STATEMENT) J,) as identification. TYPE OF ID PRODU D) �:�� .� ': •...M �����p�aee,.,,� DE60RAH A.GRIFFIN Signature of Notary Public Notary Public-State of Florida Commission#FF 962996 My Comm.Expires Mar 5,2020 Print,Type or Stamp Commissioned Name of Notary Public Bonded thin_4h National Notary Assn My commission expires: TO BE COMPLETED BY STAFF-DATE:I TI ME. � PERMIT All of the following must be submitted in order to have a complete application submittal: el._g dj Applicant to initial and date each page " :Cet Application Number: e3 ROGO APPLICATION FORM REVISED 10.18.2018 Page 3 of 4 M ti ti (Please check as you attach each required item to the application) ❑ Complete application(unaltered and unbound) ❑ Correct fee(check or money order to Monroe County Planning&Environmental Resources) ❑ Current Monroe County Property Record Card and Proof of ownership(i.e.Warranty Deed) If applicable,the following must be submitted in order to have a complete application submittal: ❑ Notarized Agent Authorization Letter(note:authorization is needed from all owner(s)of the subject property) ❑ Business/Corp/Entity Documents showing who is authorized to sign and documentation showing entity is current and active. ❑ Trust Ownership documentation showing who is authorized to sign. Parcels previoGily Aggregated: If parcels were previously aggregated because of ROGO criteria,then a subsequent ROGO allocation application will receive the same number of extra points originally assigned. Required attachments: 1) Copy of previous Lot Aggregation Restrictive Covenant;and 2) Proposed Unity of Title;and 3) Copy of current deed;and 4) If applicable include Affidavit of No Encumbrances,Joinder,and Entity Affidavit,et ceteria. ❑ Aggregation (combining vacant legally platted lots or contiguous vacant parcels for aggregation for the voluntary reduction of density,for the retirement of development rights). Required attachments: 1) Proposed Aggregation Restrictive Covenant or Super-ceding Aggregation Restrictive Covenant;and 2) Proposed Unity of Title;and 3) Copy of current deed;and 4) If applicable include Affidavit of No Encumbrances,Joinder,and Entity Affidavit,et ceteria. ❑ Land Dedication: Required attachments: 1) Letter from the Biologist stating the property is dedicateable;and 2) Proof of ownership,including a copy of current Monroe County Property Record Card and a copy of the recorded deed showing you as the property owner;and 3) Complete copy of title insurance policy and current Opinion of Title;and 4) Proposed WARRANTY DEED(S)(Quit Claim Deeds will not be accepted);and 5) Land dedications must be in the same ownership as the owner listed above unless the applicant has an approved land dedication certificate;and 6) If applicable include Affidavit of No Encumbrances,Joinder,and Entity Affidavit,et ceteria ❑ Monetary Payment to the County's Land Acquisition Fund for a maximum of Point 2:Money Order or Cashiers Check ❑ Affordable Housing/Employee Housing: 1) Attach copy of current affordable housing approval; 2) Proposed Affordable Housing Restriction;and 3) Copy of current deed;and 4) If applicable include Affidavit of No Encumbrances,Joinder,and Entity Affidavit,et ceteria ❑ Energy and Water Conservation Points: Available if property only located in Tier III. The following requested point are on the submitted Building Permit Application Plans: ❑The proposed dwelling unit is designed to and certified to standards of sustainable building rating or national model green building code. Sustainable Building Rating or National Model Green Building Code means a rating system established by the United States Green Building Council(USGBC)Leadership in Energy and Environmental Design(LEED)rating system,the International Green Construction Code(IGCC),the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the department.. ❑The proposed dwelling unit includes installation of a permanent concrete cistern with a minimum capacity of 1,000 gallons. ❑The proposed dwelling unit includes the installation of a gray water reuse system,meeting the requirements of the Florida Building Code, Gray water reuse meats reusing wastewater from residential,commercial and industrial bathroom sinks,bath tub shower drains,and clothes washing equipment drains for reuse onsite,typically for toilet flushing. ❑The proposed dwelling unit includes installation of a solar photovoltaic collection system,a minimum of 3KW in size or the equivalent in other renewable energy systems. ❑The proposed dwelling unit includes installation of one or both of the following technologies:' a. Ductless air conditioning system. Ductless air conditioning means a system used to cool a structure that does not require duct work and consists of two separate components:an outdoor condenser,and an indoor evaporator(does not include a window air conditioner which is self-contained,or one piece). b. High efficiency chillers If deemed necessary to complete a full review of the application,the Planning&Environmental Resources Department reserves the right to request additional information. ,�F--7 C-1— a 61 Applicant to initial and date each page % OL Application Number: I ROGO APPLICATION FORM REVISED 10.18.2018 Page 4 of 4 �, 1n O O p N N O cl c N a •^C Ln r/ j N N N H N N N N N ai 72C a >, rjii�', C o � CU 7 r/ j frj i r r r U _ M O C +mj�' o 0 0 0 0 10 0 0 .ti N N w m 2 N CO a� Q N N N N N q (p L m u / C ,N bo Ln J�r� 1i O _COC C / C 7 U j O O p V y % O Ch O �O OLma ci aL L 7 GoCU 0 0 0 N O EL L2 ° Cl) � OGCJO N 7 vc LQ 9 > J ' GJ m O at! LL �` GJ tn L O) O Ln 7 � co 2 � C cDo Cl) U m 0 Cf41 0 N O OLC +3o _ C c O7 L (U `on m o 0 Ion w W 0 In o U O a N N 0 oN0o maIoI C7 Qju Cl) 4JOv 1 N N c ad Mo c CO_aO � ^ 'EC m C a 41 O•V-D > M 0 3� a7 O 10 4 N QL R L m O r $ CL N tn (J C.) mWCN z °° or0M o 0 0 a00 �^ +' w a oU m�o L o n mGJ E Vfbo m N a M4, Mo 0 � � °e In t >�a m O co c X ,...a J —41 M.— a R 91 41 p n o co o+ (Us° `m EvDOE R uL-.C-QL � V z a�o CL a -0 c~ L IA._ N Ck' "'i�,�% x C a a L m W � ,,d ta 0. O7 �a aN O a u O O C oa W a 0 C W•� y O C O i„a O}Q 1+ d L:n++ Vf 00 Y aw Nu W m r' j Q Cm�CGJ Q N'o = Io ZUN > y k :k"c9 O ° N to > G y LU 0. ` U N Gl N p,p `:.a.-�.-I.�co via :w °...:.:.In>I-.,Z J:: A > > BMW (1) C °': ins n S c E m z m 04- Q� C ro w LL E '� h w F = m L p 0 7 iJ y p o c O-2 -Eo a ii t y ` Y Y �y ° o y Z L QI a CO Y U• C N O. GO 'I���I���I O N m 10 Ill M L rr°,�� N Q U � t00co O OmY c S > 3v_ Inc O F in di U c» N > 0m m s'<CL O Jp zo-H x co C a 7 fa Q O N -� c - CL Lf - L col o uw @" CI; a o 0 0 0 0 0 0 N Cl) O O m y 7 m � A C T $ Y � Y u- u � COD C M 7 O u CNO C) vYj Go O N o E EL M C r C � X � 7 W f0 o m to 0 T v7 rn m a. v rn u 0 0 v T m as LO CD m c o a x �b a v ns C .m C:30 �Opp QO E ® n c t? cPi O O. C07 w N `` U 06 R U ,..:. co D ®ON 7 m Za. V> o W o_ v L Ul cfl ti eM Doc# 207 ®6/10/2016 9:18AIN Failed & Recorded in Official Records or NERVILIN 06/10/2016 9:18API DEED DOC STAMP CL: Cic1 $0.78 Return To: DOC# 207 Eric McCarthy 8k8 2800 Pg8 2373 PO Box 370 Key West,FL 33040 This Document Prepared By: Eric McCarthy,Esq. P.O.Baas 370 Key West,Florida 33041 Property Appraiser's Parcel Identification(Folio) N s):00314240 QUrrCLA3M THIS INDENTURE,made this 7 day of June,2016 BETWEEN THOMAS CARL ROTHDEUTSCH and JUDY MICM.LE ROTHDEUTSCK Husband and Wife,party of the first part,and THOiVIAS CARL ROTHDEUTSCH,a married man, party of the second part,whose post office address is 3667 South Seas Street,Big Pine Key,Florida 33043, party of the second part WITNESSETK That the said party of the first part,for and in consideration of the sum of TEN and 00/100 Dol- lar%to them in hand paid by the said party of the second part,the receipt of which is hereby acknowledged,have granted,bargained,and sold to the said party of the second part;his heirs and assigns forever,the following de- scribed land,situate,and being in the County of Momm,State of Florida,to wit.- Lot 12,Block 11,TROPICAL BAY TH MD ADDITION,according to the Plat therrof,as recorded in Plat Book 5, Page 81,of the Public Records of Maum Conoty,Florida. Subject to conditions,limitations,restrictions,and easements of record,and taxes for the year 2005 and subsequent lb have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate,right,interest,lien,equity and claim whatsoever of the said first party,either in law or equity,to the only proper use,benefit and behoof of the said second party forever: y m M PgV 2374 THIS IS NOT TRE CONSTMMONAL HOMESTEAD OF GRANTOR, IN WITNESS WHEREOF,the said pwty of the fast part have hereu=set their hands and seals the day and year first above written. Signed,sealed and delivered in the presence of: L.S. b� Witness: T HOMAS CARL ROTHDEUTSCH (as to both slgnatades) L.S. hMUC ELLS ROT DEMUTSCH Witness:l/4t V (as to both signat)ries) STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and County aforesaid to take acimowledgements,personally appeared THOMAS CARL ROTHDEUTSCH and JUDY Mi1CHELLE ROTfID to a produced who adinowledged that they have read the o� as identification,and who did/did not take an oath,and document and have execlmed it In the presence of two sub- scribing witnesses for the purposes thetvin g expressed. WITNESS my hand and official seal in the County and State last aforesaid this 2 day of A.D. 2016. Name: Notary Public,State of Florida Commission��103 � DOrA M CAFAzMY es. MY COMMISSION A"10350 EXPIRES:Mwcb:K 2018 OFFICIAL RECORDS 00 I- I- CV) MONROE COUNTY, FL ITEM 1 OF 1 PERMIT RECEIPT OPERATOR: stankiet COPY # 1 Sec:14 Twp:66 Rng:29 Sub: Blk: Lot: RE . . . . . . . . : 00314240000000 DATE ISSUED. . . . . . . : 05/29/2019 RECEIPT #. . . . . . . . . : 02000051765 REFERENCE ID # . . . : 16103836 NOTES . . . . . . . . . . . . . ROGO Application SITE ADDRESS . . . . . : 30499 HAWK LN SUBDIVISION . . . . . . . CITY . . . . . . . . . BIG PINE IMPACT AREA OWNER . . . . . . . . . . . . : ROTHDEUTSCH THOMAS CARL ADDRESS . . . . . . . . . . : 3667 SOUTHSEAS ST CITY/STATE/ZIP . . . : BIG PINE KEY, FL 33043 RECEIVED FROM . . . . : TOM ROTHDEUTSCH CONTRACTOR . . . . . . . : LIC # *OWNER* COMPANY . . . . . . . . . . : ROTHDEUTSCH THOMAS CARL ADDRESS . . . . . . . . . . : 3667 SOUTHSEAS ST CITY/STATE/ZIP . . . : BIG PINE KEY, FL 33043 TELEPHONE . . . . . . . . . FEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL ---------- ------------- ---------- ---------- ---------- ---------- ---------- R00O FLAT RATE 1.00 850.00 0.00 850.00 0.00 ---------- ---------- ---------- ---------- TOTAL PERMIT 850.00 0.00 850.00 0.00 METHOD OF PAYMENT AMOUNT REFERENCE NUMBER ----------------- --------------- -------------------- CHECK 850.00 2134 --------------- TOTAL RECEIPT 850.00 $r $P Y O o <N CM O 2'c a Q O O Q V oz y oZd' W Z W F a Qd'W O Q Z - Y - - Z nn n nrvrvry rvry rvry rvry rvrvry ry ry rvrv_._. __ - 'y"S S SgS gS gS�S3 gS SSgS gS gS gS gS�� S =� O �j0 SSSS SSS SSSSSSS ��SSSS S—8 S�c. SSS SS SS SS SSS E S SSSS AAA A E _ �� �aa aka 4R E ' � tam r X� 8 m8 8x aE-- OAS � •-_`rvry o�z w;pNaMn'a na^'�N _��>Tos - z A v a o _ �t3� SSE` 2�g a� QK 3779 Objective 101.7 Monroe County shall establish policies to provide for the purchase of land from property owners who have not been awarded building permit allocations in the Permit Allocation System. Policy 101.7.1 Monroe County, the state, or other acquisition agency shall, upon a property owner's request, offer to purchase the property for fair market value or permit the minimum reasonable economic use of the property, if the property owner meets the following conditions: 1. they have been denied an allocation award for four successive years in the Residential (ROGO)or Nonresidential (NROGO) Permit Allocation System; 2. their proposed development otherwise meets all applicable county, state, and federal regulations; 3. their allocation application has not been withdrawn; 4. they have complied with all the requirements of the Residential or Nonresidential Permit Allocation System; and 5. they follow the procedures for administrative relief contained in the land development regulations. As used in this Policy, "minimum reasonable economic use"shall mean, as applied to any residentially zoned parcel of record which was buildable immediately prior to the effective date of the Plan, no less than a single-family residence. A purchase offer is the preferred option for administrative relief, if the subject permit is for development located within: 1. a designated Tier I area or within the Florida Forever (or its successor)targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county,state or federal agency or any private entity is willing to offer to purchase the parcel); 2. a designated Tier 11 or III-A(Special Protection Area); or, 3. a designated Tier III area on a non-waterfront lot for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. An application for administrative relief may be denied based upon any one of the following findings by a special magistrate or the Board of County Commissioners: 1. The applicant previously filed an inverse condemnation or other private property rights claim or cause of action that gave rise to a final judgment or order of dismissal issued by a court of competent jurisdiction in Monroe County's favor, and said claim or cause of action involved the same property and issues of fact that underlie the application for administrative relief; 2. A court of competent jurisdiction likely would determine that the failure of the applicant to qualify for an allocation award has not caused a taking of the property(whether such liability, at the time of application under this policy, is likely to be established by a court of competent jurisdiction should be determined based on applicable statutory, regulatory, and case law at the time the application is considered under this policy); 3. The property retains a practicable economically beneficial use despite its failure to qualify for an allocation award; 3780 4. The applicant previously received an offer from a local, state, or federal governmental agency to purchase the property at its fair market value that was rejected by the applicant; or 5. The failure of the applicant to qualify for an allocation award can be attributed to laws or regulations that are imposed or mandated by an agency of the federal government. ( Ord. No. 013-2022 , § 2(Exh. 1), 8-17-2022) Policy 101.7.2 Monroe County recommends that the Monroe County Land Authority dedicate a minimum of 35 percent of its annual budget each year for the purpose of acquiring land from qualified property owners as defined by Policy 101.7.1. Funds accumulated from this source shall be reserved for the acquisition of land from qualified property owners, but may also be used to acquire other properties when deemed appropriate by the Land Authority. Policy 101.7.3 Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel cannot be purchased for conservation purposes by any county, state or federal agency or any private entity. The County shall routinely notify Department of Environmental Protection of upcoming administrative relief request at least six (6) months prior to the deadline for administrative relief. 3781 Sec. 138-27. Administrative Relief. (a) Eligibility.An applicant for an allocation award is eligible for administrative relief if: (1) The application complies with all requirements of the dwelling unit allocation system; (2) The application has been denied an allocation award for four successive years(first 16 consecutive quarterly allocation periods) in the ROGO Permit Allocation System; (3) The proposed development otherwise meets all applicable county, state,and federal regulations; (4) The ROGO allocation application has not been withdrawn; (5) The applicant has complied with all the requirements of the ROGO Permit Allocation System;and (6) The applicant has followed the procedures for administrative relief;and (7) The applicant has not received an allocation award. (b) Notification of eligibility.Within 30 days of the finalization of evaluation rankings by the Planning Commission,any applicant determined to be eligible for administrative relief pursuant to subsection (a) of this section shall be notified of the applicant's eligibility for administrative relief by certified mail, return receipt requested. (c) Application.An application for administrative relief shall be made on a form prescribed by the Planning Director and may be filed with the Planning and Environmental Resources Department no earlier than the conclusion of the 16th quarterly allocation period and no later than 180 days following the close of the 16th quarterly allocation period. (d) Exceptions. Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier I land areas unless,after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel cannot be purchased for conservation purposes by any county,state or federal agency or any private entity. The county shall routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least six months prior to the deadline for administrative relief. (e) Forwarding application to board of county commissioners. Upon the filing of an application for administrative relief,the Planning Director shall forward to the BOCC all relevant files and records relating to the subject applications. Failure to file an application shall constitute a waiver of any rights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (f) Public hearing. Upon receipt of an application for administrative relief,the BOCC shall notice and hold a public hearing at which the applicant will be given an opportunity to be heard.The BOCC may review the relevant applications and applicable evaluation ranking,taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant. (g) Board of county commissioners action.At the conclusion of the public hearing,the BOCC may take any or a combination of the following actions: (1) 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 or within the Florida Forever(or its successor)targeted acquisition areas (unless,after 60 days from the receipt of a complete application for administrative relief,it has been determined no county,state or federal agency or any private entity is willing to offer to purchase the parcel); Created: 2023-10-18 10:45:58 [EST] (Supp.No.11,Upd.1) Page 1 of 2 3782 b. A designated Tier II area (Big Pine Key and No Name Key); C. A designated Tier III-A area (special protection area);or d. A designated Tier III area on a nonwaterfront lot or parcel for affordable housing. (2) 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 subsection (g)(1)of this section. (3) Suggest or provide such other relief as may be necessary and appropriate. (h) Limits on administrative allocations per quarter.The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than 50 percent of the total available market rate allocations available,excluding banked administrative relief allocations and those allocations received from Key West, in a quarter for that subarea.Any allocations,excluding banked administrative relief allocations and those allocations received from Key West, in excess of 50 percent shall be extended into the succeeding quarter or quarters until the number of such allocations is 50 percent or less of the total number of market rate allocations available to be awarded. (Ord. No.006-2016, § 1(Exh. 1),4-13-2016) Created: 2023-10-18 10:45:58 [EST] (Supp.No.11,Upd.1) Page 2 of 2 3783 I RESOLUTION NO. —2023 2 3 A RESOLUTION BY THE MONROE COUNTY BOARD 4 OF COUNTY COMMISSIONERS APPROVING THE 5 REQUEST FOR ADMINISTRATIVE RELIEF MADE BY 6 THOMAS ROTHDEUTSCH ON PROPERTY 7 DESCRIBED AS LOT 12, BLOCK 11, TROPICAL BAY 8 3RD ADD., BIG PINE KEY, RE # 00314240-OOOOOOIN 9 THE FORM OF A PURCHASE OFFER FROM THE 10 MONROE COUNTY LAND AUTHORITY. 11 12 13 WHEREAS, Thomas Rothdeutsch submitted an application for administrative 14 relief under Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan; and 15 16 WHEREAS, the Department of Planning and Environmental Resources provided 17 a staff report to the Monroe County Board of County Commissioners regarding the 18 application; and 19 20 WHEREAS, the Monroe County Board of County Commissioners makes the 21 following findings of fact and conclusions of law: 22 23 1. The application for administrative relief from Thomas Rothdeutsch is for Lot 12, 24 Block 11, Tropical Bay 3rd Addition,Big Pine Key in Monroe County,Florida having 25 Real Estate No. 00314240-000000. 26 2. The date of the ROGO application is 05/29/2019. 27 3. The ROGO allocation application has been in the ROGO system for at least four (4) 28 consecutive years and qualifies for administrative relief under Policy 101.7.1 of the 29 Monroe County Year 2030 Comprehensive Plan. 30 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an 31 applicant who has not received an allocation award in ROGO may apply to the Board 32 of County Commissioners for administrative relief 33 5. The Board of County Commissioners (BOCC) has the authority to grant 34 administrative relief under Policy 101.7.1 and may grant the applicant a building 35 allocation, offer to purchase the property at fair market value, or provide such other 36 relief as may be necessary and appropriate. 37 6. The applicant applied for administrative relief on 09/19/2023, under Section 138-27 38 of the MCC and Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan. 39 7. Policy 101.7.1 and Policy 105.2.8 of the Monroe County Year 2030 Comprehensive 40 Plan provides criteria to be used for determining lands that are appropriate for 41 acquisition and the criteria includes the environmental sensitivity of the vegetative 42 habitat on the lot and the applicable Tier designation. ADMINISTRATIVE RELIEF RESOLUTION Page 1 of 2 RE# 00314240.000000 16103836 3784 1 9. The subject property has the land use district designation of Improved Subdivision 2 (IS) and is located in the Tropical Bay 3rd Addition Subdivision and is located in a 3 Tier 11 designated area and is also within the Florida Forever acquisition boundary. 4 10. Monroe County Year 2030 Comprehensive Plan Policy 101.7.1 and Policy 105.2.8 5 states the Board may offer to purchase property as the preferred action for property 6 located within Tier 11. 7 8 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 9 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 10 11 Administrative relief is granted to Thomas Rothdeutsch, for Lot 12, Block 11, Tropical 12 Bay 3rd Addition, Big Pine Key, Real Estate No. 00314240-000000 in the form of a 13 purchase offer by the Monroe County Land Authority. 14 15 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 16 Florida at a regular meeting held on the 13th day of December, 2023. 17 18 Mayor 19 Mayor Pro Tem 20 Commissioner 21 Commissioner 22 Commissioner 23 24 BOARD OF COUNTY COMMISSIONERS 25 OF MONROE COUNTY, FLORIDA 26 27 28 By: 29 Mayor 30 31 (SEAL) 32 ATTEST: KEVIN MADOK, CLERK 33 By: 34 35 36 DEPUTY CLERK ADMINISTRATIVE RELIEF RESOLUTION Page 2 Of 2 RE# 00314240.000000 16103836 3785 Administrative Relief Request Lot 12, Block 11 , Tropical Bay 3rtl Add., Big Pine Key BOCC Public Hearing Item P. 7 December 13, 2023 Location: Lot 12, Block 11, Tropical. Bay 3rd Addition, Big Pine Rey Reel Estate No. 00314240-000000 Owner/Applicant: Thomas Rothdeutsch Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) Purchased: January 19, 2016 Purchase Price: $50,000 (MCPA) Tier: 11 r Total Assessed Value (2023): $53,274 /;� "' Total Just Market Value 2023) : � 68,162 (Market) ( ) w Deed Type: Warranty Deed ' A I N r r/ Y rr r"11 � a y r Ivey Deer National Wildlife Refuge: blue County-owned land: yellow�( r� / i J r Last quarterly allocation period (Year 31, Quarter 4): Rank Permit Name Date Time Key, SUbdivis on Lot: Block RE# Tier Des, MARKET RATE DWELLING UNITS 1 10103101 Mackenzie, Wflfiam 17-sep 10 10AGAM Big Pine Key metes and bounds 001,111880,0010,206 3 2 21103399 Gregory, David 12-Jan-22' 11155 AM Bug Pine Key HoVerich 36 00285410-000000 3 3 21102912 LawsQn, Bradley 16-Mar-22 11 A5 APO E4g Pine Key Pine Chiminel Estates Sec 2 8 4 0024a470-000,000 4 2210 0 134 Silveira Juan 30-Jan-23 02 43 PM Big Pine Big PineCove 19 32, 003087 ;0-000000 3 5 14102,030 Stfickliand, Stephen 21-Sep-15 10 10 AM Bug Pine Key Doctors Arm 1st Add 1 &2 7 00312020-0001000 2 6 08101996 Perez, Orlando 24-All-108 09A7'AM Bug Nine Krey Tropical Say 31 00312890 000000 2 7 108102801 Bahn (Rev Trust) 14-0,cl-08 02 27 PM Big Prne Kley Doclors Arm 1st Add 3 5 00 3 11610 0 001000 2 8 05100259 Va,5quez,Jovain 10-Aug-09 08-55 AM 64,g Pine Key, Oo,00rs Arm 3rd Add Sec- 13 6 00312672 00,000 2 91 09102947 E.1111ine, Wilkam 9-NOV-09 01 34 PTO Bug Nine Key Eden P'iones Colony 3rd Add 2 213 002'71260 0000000 2 10 1510,6174 Ash,Andrew 28-J ull-16 02,20 PM BNg Pane Key I ropical Say 2nd Add 21 2 00313290 000,00,0 2 11 16104897 Kyle Kaiser E Trust 26-Sep-16 02,10 PM Big Pine Key Do,clors Arm 3rd Add Sec, 6 1,5 00312572,001600 2 12 161107781 Won, Timothy 5�j an-17 09.00 AM Bug Pine Key Doctors Arm SuW 3rd Add. Sec C 1 00312573-000200 2 13 171104430 Horvath Family Trust 28-1` ov-17 08 30 AM Mg Pine Key Trapical Bay 3rd Add r 10, 7 00313840-00,0001 2 14 16,103836 Rolfidleutscli,'Thornas 29.May-19 09 30AM &g Nie Key Tropical Bay 3rd Acid r' 12 r 11 003,14240-000000 2 -15 161038:33 Rotlideutsch,Judy 30-Ad-19 0 1 150 PM bq F 9, V �5 Pine Key Tropical Bay 3rd Add 00313630 000000 GO 2 16 21100171 BasterfSanchez 15-Apr-21 9 30 AM Big Pine Key Tropical Say 3rd Add- 7 3 00313490-000,000 2 17 21101 10rj 1600 Watson BWd Property LL 19-Jars-22 01:00 PM Big Pine Key Tropical Bay 8 003126,60-000100,0 2 18 211100O5d VL&JR Property LILC 15-Feb-22 12-40 PM 649 Pine Key Tropical Bay 3rd Add 7 6 00313790-000,000 2 19 211101970 Rey, CtaLjdio 5-Apr-22 01:29 PM Bug Pine Key Tropical Bay Add No 2 8,9,&10 1 0031:3260-000,00,0 2 20 20103022 Sikora, Edward 't2-Jul-21 2 00 PM Mg Pine Key Dactors Arm 1st Add 23&24 7 00312240-00010010 2 21 09,102:784 Pereira, Carlos 22-0c I-0 9 10�44 AM ffig Pine Key Port:Pine H'6ghts 9 8 002901910 000,000 1 22 17106948 K6eger, Steven 20,Mair-18 11,30 AM Big Pine Key Sands 14, 35 00305090.000100 1 ROGO Relief Criteria LDC Sec. 138-27. - Administrative Relief. (a) Eligibility. An applicant for an allocation award is eligible for administrative relief if: 1) The application complies with all requirements of the dwelling unit allocation system; 2) The application has been denied an allocation award for four successive years (first 16 consecutive quarterly allocation periods) in the ROGO Permit Allocation System; 3) The proposed development otherwise meets all applicable county, state, and federal regulations; 4) The ROGO allocation application has not been withdrawn; 5) The applicant has complied with all the requirements of the ROGO Permit Allocation System; 6) The applicant has followed the procedures for administrative relief; and 7) The applicant has not received an allocation award. ROGO Relief — Action by BOCC LDC Sec. 138-27. - Administrative Relief. (g) BOCC actions. At the conclusion of the public hearing, the BOCC maytake any or a combination of the following actions: (1) 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 or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to purchase the parcel); b. A designated Tier II area (Big Pine Key or No Name Key); c. A designated Tier III-A area (special protection area); or d. A designated Tier III area on a non-waterfront lot or parcel for affordable housing. (2) 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 subsection (g)(1) of this section. (3) Suggest or provide such other relief as may be necessary and appropriate. ROGO Relief Limits LDC Sec. 138-27 (h) Limits on administrative allocations per quarter. The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than 50 percent of the total available market rate allocations available, excluding banked administrative relief allocations and those allocations received from Key West, in a quarter for that subarea. Any allocations, excluding bank administrative relief allocations and those allocations received from Key West, in excess of 50 percent shall be extended into the succeeding quarter or quarters until the number of such allocations is 50 percent or less of the total number of market rate allocations available to be awarded. Policy 101.7.1 Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. Staff Recommendation In accordance with Section 138-27 and Policy 101.7.1: Staff recommends that administrative relief be awarded in the form of an offer to purchase the property at its fair market value. The Monroe County Land Authority has confirmed that the subject property would be eligible for purchase.