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Item Q3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Februarv 21, 2007 Division: Grow1h Management Bulk Item: Yes No~ Department: Planning and Env. Resources Staff Contact Person: Julianne Thomas/David DaSilva AGENDA ITEM WORIlING: A public hearing to consider a request for Administrative Relief f()[ Dean Parkinson Lot 18, Blk 1, Ocean Isle Estates, Key Largo, Real Estate Number 00538240.000000. iTEM BACKGROUND: A building permit was applied tor on August 19, 2002 and a ROGO application was applied tor on January 13, 2003. The applicant applied tor administrative relief on January 23, 2006 and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(f) of the Monroe County Code. Staff recommends that administrative relief be granted in the f()rm of one (l) dwelling unit allocation award. PREVIOUS RELEVANT BOCC ACTION: N/ A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOT AL COST: N/A BUnGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing N/A Risk Management ~~ NI A_ nOCUMENTATION: Included X Not Required___ nISPOSITION: AGENDA ITEM # RESOLUTION NO. -2007 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATNE RELIEF MADE BY DEAN PARKINSON ON THE PROPERTY DESCRIBED AS LOT 18, BLOCK 1 OF OCEAN ISLES ESTATES, KEY LARGO, RE #00538240.000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION. WHEREAS, Mr. Dean Parkinson submitted an application for administrative 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 _ 0 following findings of fact and conclusions of law: 1. Mr. Parkinson's application for administrative relief is for Lot 181 Block 1 of Ocean Isles Estates, Key Largo in Monroe County, Florida having RE#00538240.000000. 2. The date of the ROGO application is January 13, 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 Commissioners for administrative relief. 6. The applicant applied for administrative relief on January 231 2006, under Section 9.5-122.2(f) of the Monroe Connty 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 Ocean Isle Estates Subdivision and is not environmentally sensitive. ADMINLSTRA TIVE RELIEF RESOL unON PARKINSON, RE#00538240.00000fi Page 1 of 2 9. Board of County Commissioners Resolution #223-2004 directs staff to identify small parcels with indigenous hanunock or pinelands. 10. The subject property is not in an area of indigenous hanunock 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. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Dean Parkinson, for Lot 18, Block 1 of Ocean Isles Estates, Key Largo, in the form of one dwelling unit allocation award, 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 1012.13 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 "Sonni' McCoy Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro (SEAL) MONROE COUNTY ATTORNEY 1~~.,.~P.PR?~EO AS TO FOR~4 '~~;,j,:</ / ~1o ~/",c 'o-,"{' /,:~~:..-- /-- 'c~ . ~",,",f. ^:" 7 (.,..J ~'''7 f c_'^''''''' ATTEST: DANNY L. KOLHAGE, CLERK I Date: DEPUTY CLERK ADlvllNISTRATIVE RELIEF RESOLUTION PARKINSON. RE#00538240.000000 Page 2 of 2 County of Monroe Planning Department 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor Mario Di Gennaro, Dist. 4 Mayor Pro Tern, Dixie Spehar, Dist. 1 Comm. George Neugent, Dist. 2 Cornm Charles"Sonny"McCoy, Dist. 3 Comm. Sylvia J. l\1urphy, Dist. 5 We strive to be caring, professional and fair To: Board of County Commissioners From: Julianne Thomas, Planner David DaSilva, Biologist Date: February 21, 2007 Subject Mr. Dean Parkinson, Administrative Relief Request RE: 00538240.000000 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 close of the fourth allocation period. Date Entered ROGO: January 13, 2003 Date Entered Administrative Relief: January 23, 2006 ROGO Score: 21 Planning: 14 · (+10) infill · (+4) perseverance Building: 7 · (+1) Flood Zone X · (+4) Water/Energy Conservation, · (+2) Structural Integrity Environmental: 1 . (+1) Group 1, Disturbed Scarified II. CURRENT CONDITIONS Location: Lot 18, Block 1 of Ocean Isles Estates, Key Largo Owner: J'vlr. Dean Parkinson ADM!NISTRATIVE REt!rE STAFF REPORT P\RKINSON. RE # 00538240.0000()O Page t of 2 County of Monroe Applicant! Agent: Ms. Gay Marie Smith Land Use District: Improved Subdivision (IS) Proposed Tier: III FLUM: Residential Medium (RM) 2006 Taxable Value: $12,360.00 Purchase Price in October of 2002: $20,000.00 III. LEGAL ELIGIBILITY 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 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 Relief 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 spedes. 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 reconunended 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 REPORT PARKINSON. RE 00538240.000000 Page 2 of2 Habitat Evaluation: Bk I, Lt. 18, Ocean Isle Estates, Key Largo Agent: G. M. Smith; Owner: D. Parkinson, RE #00538240.000000 Prot e ct e d S e ci e s Averag2! t-Lrrb:!r d Sp2!cies OC>::lJ"irg p ~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. [ Habitat Layer] Pre p are d by: J uli anne Th ornas APPLICATION 1''O:!t AUr.fiNiSTR",TIVE :!tELl1':,]? RJk a f}./80 fti\U: Lsgg, V,/:'*tZ1 Kelj.i0t" DEAN PARKiNSON PO 80X 1937 KEY Fl 33037 Monroe 8B800 Overseas Piamatk)fl FL RE Permit #02-3-3685 To YVhom it Concern: i, Dean am the owner of the the above mentioned has been for. Marie Smith to represent my Administrative Relief for which authorize yor Thank you and else feel free to contii:lct me if there is Dean Parkinson and sealed before me this wflois as identification CommiSSion ~-::2 3 FEZ SOB2 COUNJY PLAN}klNG FOR RES10SWflAL t'hm~tiQn "&iJ.lk:&tlOO F""" Cay: V.;:~:~~ '''' Y::"lfP 5m-ML 12LU ~~ c:; .^'/\~f Ck~'Y"~ ~~ tt"*fl ~tr-Al.;,~~t$d ;J~~'tm; Y~ii:~cNu:X-. ~"'1}: ~4&;i;.: :; tffip.:!f17fi'lnt O'fjt€,~_ YES riO R~SOUtCM SubtotaL t) o Suhtotar: Final Rev!",,! T eta I $com: NAME: SYSTEM PERfiATr DATE ADO ON~ POINT ADO POINTS NE'lf~' TOTAL R.ESCORED BY: ~AHccath'.H1 Evah.4atioh __ l'"" 'rnmary O{r~.t~rtrn4nt $ut4otah 101'>>4.1,; ADDr;D;~~ R:ff;SOL1.tCES TOTAL ((JNCR~'\iGED); ~ TOT,i,L: E~trERED ?B~1"fl1T Sheet ~ .~.;i ,,'~'~ " .. 'II' 0t ONUNl<: DiU A CENTER RECORDS SEARCH T ... ~ .. ~ ZiW4 1'i&li 11;1#4