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Item Q1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20, 2006 Division: Gro\V1h Management Bulk Item: Yes No~, Department: Planning and Buv. Resources Staff Contact Person: Alexander Adams AGENDA ITEM WORDING: A pubiic hearing to consider a request for Administrative Relief for Harold & Sherry Fried, Block 3 Lot 10, Silver Lake Park, Key Largo, Real Estate Number 00453990.000000. ITEJ\;f BACKGROUND: A building permit was applied for on October 07, 2002 and a ROGO application was applied for on December 05, 2002. The applicant applied for administrative relief on December 05, 2005 and is within the allowable time frame to be eligible for administrative relief under Section 95-122.2(f) oftlle Monroe County Code. Staff recommends that administrative relief be granted in the form of one (1) dwelling unit allocation award. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: ApprovaL TOTAL COST: N/A BUDGETED: Yes NI A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNTPERMONTH~ Year APPROVED BY: OMBlPurchasing Nt A Risk Management DISPOSITION: # County of Monroe Growth Management Division Planning Department 888(~{)v~aslligh\vay Tavl.wil.'T, Florida 33070 I Voice (305) 852-7HJ{) FAX: (305) 852-7103 Board of County Commissioners l'viayor Charles McCoy, lAst .3 Mayor Pro Tem Dixie Spehar, lAst. George Neugent, Dist 2 Mario Di Gemmro, Dist. 4 Sylvia Murphy, l)ist. 5 We strive to he caring, professional and fair To: Board of County Commissioners From: Ty Symroski, Grmvth Management Director Date: November 7, 2006 Subject:Harold & Sherry Fried~ Administrative R.elief Request RE: 00453990-o00ooo, Block 3 Lot 10 Silver Lake Park~ Silver Lake Street MM 100 L BACKGROUND The applicant is eligible for Administrative Relief having complied wiL; all requirements of the dwcHing unit allocation system and having been considered in at least three (3) of the last four consecutive annual allocation periods and having submitted their application for Administrative Relief no earlier than the third annual allocation period and no later than ninety (90) days fullowing the dose of the fourth allocation perio(L Date Entered ROGO: December 05,2002 Date Entered Administrative Relief: December 05,2005 ROGO Score; 22 Planning. 17 * (+10) infiH " (+ 3) perseverance Building: 7 $ (-1) Flood Zooe AE e (+ 3) Water/Energy Conservation $ (+3) Structural Integrity Environmental: ~2 IIIi (+1) 3 Owner: Harold Sherry Fried Applic.mtJ Agent: Land District: Subdivision (IS) FLUM: 2006 Taxable Value: $4~026.00 Size: square Purchase Date/Price: June Proposed Tier: 1 Administrative ReHef R.E 00512580.0000'00 & 00512580,(100200 of2 HI. LEGAL EUGIBIUTf AND OPTIONS Eligibility for Administrative Relief Options: Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6"1 or the 2010 Comprehensive Pian provides a mechanism whereby an application which has not received an allocation award in ROGO may apply to the Board of County Commissioners tor Administrative Relief. The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system and having been considered in at least three (3) of the last four consecutive annual allocation periods and having submitted their application for Ad.rninistrative Relief no earlier than the third annual allocation period and no latcr than ninety (90) days following the dose of the fourth allocation period. Relief Options under Administrative Relief: The remedies available to an application for Administrative ReHef pursuant to Section 9.5-122.2(t)(6) include issuance of 1 (one) ROGO allocation awarded, just compensation by purchase of the property, or such other relief as may be necessary or appropriate. The subject property does not contain sensitive environmental features or any significant habitat for endangered or threatened species. It therefore does not meet the criteria established under the existing Policy 101.6.6 and Policy 102.4.2, or the proposed Pohey 10 1. 6.5 of the Y {''dr 2010 Comprehensive Plan for the purchase of property under Admi'1istrative Relief. The applicant has requested administrative relief in the fonn of a granting of I (one) ROGO allocation and has not expressed a desire to seU the property to the County as provided for under Policy 101.6.1 of the Year 20 I 0 Comprehensive Plan. IV. RECOMMEND.4TIONS It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. It is fb.rther recommended that a Resolution be prepared that establishes this relief awarding 1 (one) ROaO aHO"...ation in the next quarterly ROOO allocation period which doses January 13, 2007, or next: available allocation pcriod~ Administrative Relief Staff Parkinson, RE 00512580.000000 & 00512580.1)00200 20f2 RESOLUTION NO. -2006 A RESOLUTION BY THE MONROE COUNTY BOARD OF COL'NTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY HAROLD & SHERRY FRIED ON THE PROPERTY DESCRIBED AS BLOCK 3 LOT 10, SILVER LAKE PARK, KEY LARGO, RE #00453990-000000. THE RELIEF IS IN rclE FORM OF ONE (1) DW"ELLING UNIT ALLOCATION. WHERKAS. Harold Fried submitted an application :fur administrative rdief under 9.5-122.2(1) of the Monroe County Land Development Regulations, and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions oflaw:; L Fried's application for administrative relief is for Block 03 Lot to, Largo. Lake p~ Key 2. A building permit was applied for on October 7, 2002 and a ROGO application was applied for on December 5,2002. 3. The application In the ROGO system at rout (4) consecutIve years. 4. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122(1)(6) and may grant the applicant a building allocation, offer to purchase the property at fair market value, Of provide such other relief as may be necessary and appropriate. 5> The lot is identified as in the proposed Tier 1, and no points and one (1) positive environmental 6, Board of County Commissioners Resolution #223-2004 directs staff to identify sman parcels with indigenous hanlmock or pinelands. 7 lilc is in an area of indigenous or 8. to 9. is not ,F- lU. Code 5, 101.6.1 of PlmL AnMiFifSTRATlyg RELiEF RESOLUTiON FRIED, RE#00453990A)'J01Xl(l Pllge i on 1 L Section 9.5-122.2(f) of the Monroe County Code provides a mechanism whereby an applicant who has not received an allocation in ROGO may to of County Commissioners for administrative relief. 12. The Applicant has been in the ROGO system for three (3) of the last four allocation periods and therefore qualifies for administrative relief. annual 13. The property does not qualif}r Mder criteria established by Resolution #223-2004 for purchase by the Monroe hammOCK and pinclands, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Administrative relief is granted to Harold & SherryFritXL fur Block 03 Lot 10, SiIvu Lake Park, Largo, the fonn dwelling unit allocation snbject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual of residential allocations defined by Policy 10 1.2,13 of the Monroe County Year 2010 Comprehensive Plan and as required by Section 9.5~122.2(f) of the Monroe County Code; and 2. The allocation award shaH be taken out of nCxl quarterly allocation occurs on January 13, or next allocation and 3. The assignment of a nutrient reduction credit shaH be required prior to issuance of the penuit. PASSED AND ADOPTED by the Board of County Commissioners of Monroe COUTIty, Florida at a regular meeting held on t.he day of , 2006. Mayor Mario Oi Gennaro Mayor Pro Tern, Dixie Sper...ar Commissioner George Neugent Commissioner "Sonny" Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COlJNTY, FLORiDA BY Mayor Mario DiGermaro RBSUL1JfKfN" FRIED, RE#()n45399()~()OOOO() P"ll" ]; "Ji'];