Resolution 522-2003
RESOLUTION NO. 522- 2003
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING WITH CONDITIONS THE REQUEST FOR
ADMINISTRATIVE RELIEF IN THE FORM OF A RaGa ALLOCATION MADE
BY GARY CHERUBINI ON THE LOT DESCRIBED AS BLOCK 10, LOTS 4 AND
5, ANGLER'S PARK, KEY LARGO, REAL ESTATE NUMBERS 00552650.000000
AND 00552640.000000
WHEREAS, Gary Cherubini has submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (RaGa) on June 7, 1999; and
WHEREAS, the application has been in the RaGa system for at least four (4) consecutive
years; and
WHEREAS, Gary Cherubini has applied for administrative relief under Monroe County Code
Section 9,5-122,2(f); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5-122.2(f) in the form of granting the applicant a building
allocation, offer to buy the property at fair market value, or such other relief as may be necessary and
appropriate; and
WHEREAS, the subject property is located in a platted subdivision serviced by infrastructure;
and
WHEREAS, the subject property does not contain any significant native habitat or
environmental features; and
WHEREAS, the applicant has informed the Growth Management Division staff that the
applicant does not wish to sell the property to the County as provided for under Policy 101.6,1 of the
Year 2010 Comprehensive Plan; and
WHEREAS, Section 9.5-122.2(f), Monroe County Code, offers the following options for
relief: granting of an allocation award; offer to purchase the property at fair market value; and other
suggested relief as may be necessary and appropriate; and
WHEREAS, the subject property does not meet guidelines established under Policy 101,6.6 of
the Year 2010 Comprehensive Plan for the purchase of property under Administrative Relief as it does
not contain any sensitive environmental features; and
WHEREAS, the subject property does not meet guidelines established under Policy 102.4.2 of
the Year 2010 Comprehensive Plan for purchase of property under Administrative Relief as it does not
contain habitat critical to, or providing significant protection for, species designated as threatened or
endangered by the U.S. Fish and Wildlife Service and/or the State of Florida; and
WHEREAS, other types of relief are not necessary or appropriate for this property; and
WHEREAS, the subject property is located within an area that has been issued nineteen (19)
ROGO allocation awards since 1999; and
WHEREAS, the granting of an allocation award is the preferred relief option and is consistent
with the policies for administrative relief under the Year 2010 Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, that the application filed by Gary Cherubini for administrative
relief in the form of a ROGO allocation award is APPROVED subject to the following conditions:
1. The ROGO allocation award is contingent upon the application purchasing or receiving a
nutrient reduction credit;
2. The allocation shall be taken out of the next quarterly allocation (Quarter 2, Year 12) which
closes January 13, 2004; and
3. A permit from the Department of Health for an on-site wastewater treatment system is required
prior to the issuance of a building permit.
PASSED AND ADOPTED b~ the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 12- day of November 2003.
Mayor Murray E. Nelson
Mayor Pro Tern David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
yes
yes
yes
-
yes
yes
.......
BOARD OF COUNTY COMMISSIONER
OF MONROE Co.>;;y, FLORIDA
BY .(A;'; ,~tUJ
Mayor/Chairman
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