Item Q2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 2L 2007
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Env. Resources
Statf Contact Person: Julianne Thomas/David DaSilva
AGENDA ITEM WORHING: A public hearing to consider a request for Administrative Relief fin"
Brian J. Nemeth of Key Largo Beach, Lot 7, Block 13, Key Largo Beach Addition, Key Largo, Real
Estate Number 00503380.000000.
ITEM BACKGROUND: A building permit was applied for on October ] 0, 2002 and a ROGO
application was applied tor on January 7, 2003. The applicant applied tor administrative relief on April
5, 2006 and is within the allowable time frame to be eligible for administrative relief under Section
9.5-122.2(t) of the Monroe County Code.
Staff recommends that administrative relief be granted in the fom1 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
BUOGETED: Yes NI/\ No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/!\
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing N/A
Risk Management _N!A~
DOCUMENTATION:
Included X
Not Required~~~
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
BRIAN AND MICHELLE NEMETH ON PROPERTY
DESCRIBED AS LOT 7, BLOCK 13 OF KEY LARGO
BEACH ADDITION, KEY LARGO, RE #00503380.000000
IN THE FORM OF ONE (1) DWELLING UNIT
ALLOCATION.
WHEREAS, Mr. Brian Nemeth submitted an application for adminish'ative relief
under See. 9.5-122(f) 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. Mr. Nemeth's application for administrative relief is for Lot 7, Block 13
of Key Largo Beach Addition, Key Largo in Monroe County, Florida
having RE#00503380.000000.
2. The date of the ROGO application is January 7,2003.
3. The ROGO allocation application has been in the ROGO system for at
least four (4) consecutive years and qualifies for administrative relief
under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive
Plan.
4. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5-122(f) (6) 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.
5. MCC Section 9.5-122.2(f) provides a mechanism whereby an applicant
who has not received an allocation award in ROGO may apply to the
Board of County Conunissioners for administrative relief.
6. The applicant applied for administrative relief on April 5, 2006, under
Section 9.5-122.2([) of the Monroe County Code (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
8. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Key Largo Beach Addition
Subdivision and is not environmentally sensitive.
ADMINISTRATIVE RELIEF RESOLUTION
NEMETH, RE#00503380,OOOOOO
Page 1 of 2
9. Board of County Commissioners Resolution #223-2004 directs staff to
identify small parcels with indigenous hammock or pinelands.
10. The subject property is not in an area of indigenous hammock or
pinelands.
11. The property does not qualify under criteria established by Resolution
#223-2004 for purchase by the Monroe County Land Authority of small
parcels with indigenous hammock and pinelands.
12. The Applicant has been in the ROGO system for three of the last four
annual allocation periods and therefore qualifies for administrative
relief.
NO\^l THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Brian and Michelle Nemeth, for Lot 7, Block 13 of Key
Largo Beach Addition, Key Largo, in the form of a dwelling unit allocation awardJ
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 9.5-122.2(f) of the Monroe
County Code.
2. The allocation award shall be taken out of the next quarterly allocation which occurs
on April 13, 2007 or next available allocation period.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 21st day of Februarv, 2007.
Mayor Mario Di Gennaro
Mayor Pro Tem, Dixie Spehar
Commissioner George Neugent
Commissioner Charles 'Sonny" McCoy
Commissioner Sylvia J. Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mavor Mario Di Gennaro
>I
(SEAL)
ATTEST: DANNY 1. KOLHAGE, CLERK
(late:
DEPUTY CLERK
A Dl\lINISTRA TlVE RELIEF RESOLUTION
NEMETI-l, RE#00503380.000000
Page 2 of 2
C'ounty of Monroe
Planning Department
2798 Overseas Highway Suite 410
Marathon, Florida 33050
Voke: (305) 289.2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor fVfario Di Gennaro, Dist. 4
Mayor Pro Tem, Dixie Spehar, Dist. I
Comm. George Neugent, Dist. 2
Comm Charles"Sonny"McCoy, Dist. 3
Comm. Sylvia J. Murphy, Dist. 5
We strive to be cariug, professional aud fair
To:
Board of County Commissioners
From:
Julimme Thomas, Planner
David DaSilva, Biologist
Date:
February 21, 2007
Subject:
Brian J. & Michelle Nemeth, Administrative Relief Request
RE: 00503380.000000
I. BACKGROUND
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
Administrative Relief no earlier than the third annual allocation period and no later than ninety
(90) days following the dose of the fourth allocation period.
Date Entered ROGO: January 7,2003
Date Entered Administrative Relief: AprilS, 2006
ROGO Score: 21
Planning: 14
. (+10) infill
. (+4) perseverance
Building: 6
· (-1) Flood Zone AE-9
· (+4) Water/Energy Conservation,
· (+3) Structural Integrity
Enviromnental: 1
· (+1) Group J, Disturbed Scarified
II. CURRENT CONDITIONS
Location: Lot 7, Block 13 of Key Largo Beach Addition, Key Largo
Owner: Brian J. & Michelle Nemeth
ADMINISTRATIVE REUEF STAFF RFPorn
NEMETH, RE # 00503380,000000
Page 1 of 2
County of Monroe
Applicant/Agent: Mr. Andrew Tobin, Esq.
Land Use District: Improved Subdivision (IS)
Proposed Tier: III
FLUM: Residential Medium (RM)
2006 Taxable Value: $70,875.00
Purchase Price in 2002: $79,000.00
III. LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief Options:
Section 95-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or
the 2010 Comprehensive Plan provides a mechanism whereby an application which has not
received an allocation award in ROGO may apply to the Board of County Commissioners for
Administrative Relief. The applicant is eligible for Administrative Relief having complied with
all requirements of the dwelling unit allocation system and having been considered in at least
three (3) of the last four (4) consecutive annual allocation periods and having submitted their
application for Administrative ReIief no earlier than the third annual allocation period and no
later than ninety (90) days following the close of the fourth allocation period.
Relief Options under Administrative Relief:
The remedies available to an application for Administrative Relief pursuant to Section 9.5~
122.2(f)(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 Policy 101.6.5 of the Year
2010 Comprehensive Plan for the purchase of property under Administrative Relief.
The applicant has requested administrative relief in the form of a granting of 1 (one) ROGO
allocation and has not expressed a desire to sell the property to the County as provided for
under Policy 101.6.1 of the Year 2010 Comprehensive Plan.
IV. RECOMMENDATIONS
It is recommended that the Board of County Commissioners find that the applicant has met the
criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be
prepared that establishes this relief awarding 1 (one) ROGO allocation in the next quarterly
ROGO allocation period which closes April 13, 2007, or next available allocation period.
ADMINISTRATIVE. RELIEF STAFF REP01\T
NEMETll, RE # ()050:i380J)()()()()()
Page 2 of 2
Habitat Evaluation: Bk 13, Lt 7, Key Largo Beach Addition, Key Largo
Agent: A. Tobin, Owner: B. Nemeth, RE #00503380.000000
[ Habitat Layer ]
Average t-Lrrb:!r d Sp2!cies OC>::lJ"irg
~p~~ I~. F:1~lm~.. "'~Iu ~ c:::J c::::::::J c::::::::J c::::::::J c:::J
c::J = c::J c::J c::J = =
This map is for use by the Monroe County
Growth Management Division only. The data
con tained herein is not a legal rep esenta lion
of boundaries, parcels, roads right of ways or
other geograp hical da ta.
Pre p are d by: J uli anne Th ornas
l",:
el~Q:,
(ROGO)
PW;;lp1irty Ol!EiCrlptloo: L:ot1~
13, Key Lat!;l'O Bllacl1: Addirttln, PB ~22
6=storS
Srlan t4_l$m and Mll;tllitU;
FA
Ti\'kJpftiJUu
,
'J"
.
ONUNF OAT,,,, CENTER
ID~t:op.ns SEARCH
t'IWPKflTK
t
.Ii
Li;,;C;;,Tl;;'j.N
..
It
~
:;;,
".
..
'Ill