HomeMy WebLinkAboutResolution 076-2026 2 MONROE COUNTY, FLORIDA
3 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
4
5 RESOLUTION NO. 076-2026
6
7 A RESOLUTION BY THE MONROE
8 COUNTY BOARD OF COUNTY
9 COMMISSIONERS APPROVING THE
10 REQUEST FOR ADMINISTRATIVE
11 RELIEF MADE BY NORMAN AND
12 MADELINE SUPERSTEIN ON PROPERTY
13 LOCATED AT 22931 CAPT. KIDD LANE,
14 CUDJOE KEY AND DESCRIBED AS LOTS
15 5 AND 6, BLOCK 29, CUTTHROAT
16 HARBOR ESTATES, CURRENTLY
17 HAVING PARCEL IDENTIFICATION
18 NUMBERS 00182830-000000 AND
19 00182840-000000 IN THE FORM OF ONE
20 (1) DWELLING UNIT ALLOCATION
21 AWARD.
22
23
24 WHEREAS, Norman and Madeline Superstein (the "applicant") submitted an
25 application for administrative relief under Policy 101.7.1 of the Monroe County Year 2030
26 Comprehensive Plan; and
27
28 WHEREAS, the Monroe County Planning and Environmental Resources
29 Department("Department")has provided a professional staff report to the Monroe County
30 Board of County Commissioners ("BOCC", "Monroe County", "Board", or the"County")
31 regarding said application; and
32
33 WHEREAS, the BOCC hereby makes the following findings of fact and
34 conclusions of law:
35
36 1. The application for administrative relief(see no. 20102503)from 9/30/2025 is for the
37 aforesaid real property located at 22931 Capt. Kidd Lane, Cudjoe Key, described as
38 Lots 5 and 6 , Block 29, Cutthroat Harbor Estates, Cudjoe Key, Monroe County,
39 currently having Parcel Identification Numbers 00182830-000000 and 00182840-
40 000000.
41
42
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1 2. The date of the ROGO application is 3/16/2021.
2
3 3. The ROGO allocation application has been in the ROGO system for at least four (4)
4 consecutive years and qualifies for administrative relief under Policy 101.7.1 of the
5 Monroe County Year 2030 Comprehensive Plan.
6 4. Monroe County Code ("MCC") Section 138-27 provides a mechanism whereby an
7 applicant who has not received an allocation award in ROGO may apply to the Board
8 of County Commissioners for administrative relief.
9 5. The Board of County Commissioners has the authority to grant administrative relief
10 under Policy 101.7.1 and may grant the applicant a building allocation, offer to
11 purchase the property at fair market value, or provide such other relief as may be
12 necessary and appropriate.
13 6. The applicant applied for administrative relief on 9/30/2025, under Section 138-27 of
14 the MCC and Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan.
15 7. Policy 101.7.1, Policy 101.7.3, and Policy 105.2.8 of the Monroe County Year 2030
16 Comprehensive Plan provides criteria to be used for determining lands that are
17 appropriate for acquisition and the criteria includes the environmental sensitivity of
18 the vegetative habitat on the lot and the applicable Tier designation.
19 8. In accordance with Policy 101.7.3 and MCC Section 138-27(d), the County shall
20 preclude the granting of administrative relief in the form of the issuance of a building
21 permit for lands within the Florida Forever targeted acquisition or Tier I lands areas
22 unless, after 60 days from the receipt of a complete application for administrative
23 relief,it has been determined the parcel cannot be purchased for conservation purposes
24 by any county, state or federal agency or any private entity. The County shall routinely
25 notify Department of Environmental Protection of upcoming administrative relief
26 request at least six (6) months prior to the deadline for administrative relief.
27 9. MCC Sections 138-27(a)(4)—(5) provide that "[a]n applicant for an allocation award
28 is eligible for administrative relief if: The ROGO allocation application has not been
29 withdrawn; [and] The applicant has complied with all the requirements of the ROGO
30 Permit Allocation System[.]"
31 10. On or about November 2, 2022, in satisfaction of MCC Sections 138-27(a)(4)—(5),
32 the applicant submitted to the Department an apparently legally sufficient covenant
33 of unity of title and aggregation restrictive covenant as part of its ROGO application
34 35 as required by MCC Sections 138-28(a)2_4.
36 11. As required by and in satisfaction of MCC Section 138-27(a)(4)the ROGO
37 application has not been withdrawn and as provided by MCC Section 138-27(a)(5)
38 the applicant has not violated the requirements of the ROGO Permit Allocation
40 System.
41 12. The subject property has the land use district designation of Improved Subdivision
42 (IS) and is located in the Cutthroat Harbor Estates Subdivision and is located in a Tier
43 3 designated area.
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I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
4 Section 1. The foregoing recitals are true and correct and are hereby
5 incorporated as if fully stated herein.
6
7 Section 2. As authorized by MCC Section 138-27(g), administrative
8 relief is granted to Norman & Madeline Superstein, for Lot 5
9 & 6 , Block 29, Cutthroat Harbor Estates, Cudjoe Key in the
10 form of one (1) dwelling unit allocation, subject to the
12 following conditions:
13 1. In satisfaction of MCC Sections 138-27(a)(4)—(5) the applicant
14 must have approved and recorded a legally sufficient restrictive
15 covenant and unity of title subject to the approval of the Planning
16 Director and the County Attorney, as required by MCC Sections
17 138-28(a)2-4, prior to the issuance of any building permit
18 19 pursuant to an allocation award.
20 2. The timing of issuance of the permit shall be in accordance with
21 the annual number of residential allocations defined by Policy
22 101.3.2 of the Monroe County Year 2030 Comprehensive Plan
23 and as required by Section 138-27 of the Monroe County Land
24 Development Code.
25
26 3. The allocation award shall be taken out of the next quarterly
27 allocation which closes on 04/13/2026 or in the succeeding
28 quarterly allocation period in which administrative relief
29 allocations are available.
30
31 Section 3. The interpretation of this Resolution, and all provisions of the
32 Monroe County Code(s), Comprehensive Plan, and Florida
33 Statutes whose interpretation arise out of, relate to, or are
34 interpreted in connection with this Resolution, shall be
35 construed in favor of the Monroe County Board of County
36 Commissioners and such interpretation(s) shall be entitled to
37 great weight in adversarial administrative proceedings, at
38 trial, and on appeal.
39
40 Section 4. Effectiveness. This Resolution shall become effective as
41 provided by law.
42
43 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
44 County, Florida, at a regular public meeting held on this 11t' day of March, 2026.
45
46 Mayor Michelle Lincoln Yes
47 Mayor Pro Tem David Rice Yes
48 Commissioner Craig Cates Yes
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.• Commissioner James K. Scholl • Yes
. . • :.. . • : 2 : . • . :Commissioner Holly Merrill Raschein Yes: .
• •
• 3 . . • . • : • • : .•
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4 :� BOARD:OF COUNTY COMMISSIONERS
5
• OF
•MONROE CO FLORIDA
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KeysNews.eom
KE , / ,
IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3983232
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal text]
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,who on oath says that he or she is
The legal advertising representative of the ,a five day newspaper published in
, in , Florida;that the attached copy of advertisment, being a legal notice in the
matter of was published in said newspaper in the issues of:
Saturday, February 21,2026
Affiant further says that the is a newspaper published in , in said , Florida and
that the said newspapers has heretofore been continuously published in said
, Florida Tuesday thru Saturday weekly,and has been entered as periodicals
matter at the post office in Key West,in said , Florida,for a period of 1 year next
preceding the first publication of the attached copy of advertisement;and affiant
further says that he or she has neither paid nor promised any person,firm or cor-
poration any discount, rebate,commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 23rd day of February 2026
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name) (Notary Seal)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
� u.�ra �ru�b4n
f12 j
keysneivs.com I Keys Citizen.Weekend Edition FEBPUARY 21-22,2026 PAGE A7
it w H, I %`Ir9P�1P% ,,, CITY NOTICE
°N 17
IlHui Iva l III III aI'd III oil Iii,! Extra Garbage/Recycle Carts May Get Tagged
II1¢aIII I III H ii irbE'ul
' In September 2025,a municipal code ordinance
Wuiut �,I:,D a u 1111in Ifs
an amendment to section 58-31 was approved by the City NOTICE
ittli other III I III IHr,I 9I's Commission,outlining the containerization of yard waste.
PLEASE CONTACT ALIEN BROOK i What this means is,no green or blue Waste This Cart WIII no
( ,r AT 305-393-6790 %�/
Management issued carts may be used for yard waste. longer be serviced
r � Residents that own acceptable yard waste containers This cart exceeds provided
please continue to use them.If you need to purchase services and will he reclaimed
containers,the black or gray 40 gallon open top cans or
Per city code residential
paper yard waste bags are recommended.Please
transition to the recommended containers as Waste units are issued one green
Management will resume collection of carts after the 96-gallon trash cart and one
NOTICE OF A PUBLIC MEETING New Year.This information is also available on the City of blue 64-gallon recycling cart.
Key West Utilities website page.Label all carts with your Provided carts are not for
FLORIDA KEYS AQUEDUCT address.This helps identify which property they belong yard waste or construction
AUTHORITY to,reduces theft,and makes it easier to recover carts debris.
PWR L,.KEYS AQUEDUCTAUTHORITI. after a weather event.
11000 nedy-
Key11,FL 331Nn
It Lao Y,mlaenl a,Noo MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Remdu hL-eru,o NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING
H.aaa.m. NOTICE OF CHANGE TO THE MONROE COUNTY FUTURE LAND USE MAP
rl„
wP,cnt e���a,La K,«,;nb;,re Lt.ETiokc,�,;� NOTICE OF CHANGE TO THE LAND USE DISTRICT(ZONING)MAP
,.� e d,e Y.m.d,y„rid n,r,� ,eP<„�sine-,near,r
°'"c'�""` MARCH 11,2026
NI eg,.d,,e d,,i,v.¢Ngdo ca tan.-be mewed on our web are
nr Sschd,1e IK,Y.1,P-1111, r NOTICE IS HEREBY GIVEN that on Wednesday,March 11,2626,the Man me,County Board of County Commissioners wi11 hold a
Olreu�,<,e ene<�Pve oep a,nena Moll Kennedy o,m,,Key w-r rE ublie hear in 9 9 a 9 Y 9 P
C3as1av5-23a5.Pnlb,nyo n�bco,n_ P g,6e innin t9:00 AM.The BULL meetin will6e held inh Grid fa�nat allowin the ubllcto attend eithervia Zoom
We,bin ar or in ire rear.The In-person meeting will he held at the Murray Nelson Government Center,located at 10 205 0 Oversee
V o ISIS"scl.I ,npo d.:obc,"I,IS, re_pzcinl Highway,Key Largo,FL.The fallowing Items will he considered at the PUBLIC HEARING:
datio,s, J r pam pa I'_p,rurlina pl- uric
u,=rm,;aa,ey.>,,l„r<tan e,w,od�aypl>nn;ncjan9'9>'zls- PUBLIC HEARINGS:9:00 AM(or as soon thereafter as may he heard):
AN ORDINANCE BYTHEMONIII COUNTY BOARD OF COUNTYLOMMBsIONERS AMENDING THEM UNRUE COUNTY FUTURE LAND USE
I MAP DESIGNATION FROM NO
(INS)TO MIXED ROD/CnMMERCI4L(MC),FOR ELEVEN(11)PARCELS OF LAND,DESCRIBED AS
'r LOTS 7THROUGH 12,AND LOTS 40 THROUGH 46,BLOCK 14,LAKE SURPRISE ESTATES SUBDIVISION,KEY LARGO,FLORID A,HAVING PARCEL
if k tl'' Vc 1.;:,w IUENTIFICATIONNUMBERS 00537596000000,00537600-000000,00537610-000000,00537620-000000,00537630-000000,00537640-
K,�,�" YI. 0ODODn,0053798n-On0n0n,n053796n-On0n0n,n0537940-nOnDOD,Dn53793n-nn000n,ANDn0537920-n0n0n0 AS PROPOSED BYDOHERTY
,01111 ,1„ ,, ROBER MRETRUST02/03/2n21 AND DOHERTYYVETTE REVTRUST0 210312 0 21:PROVIDING FORSEVERABILITY',PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS;PROVIDINGFORTRANSMITTALTOTHESTATELAND PLANNINGAGENCYANDTHESECRETAAYOFSTATE',PROVIDING
FOR AMENDMENT TO THE FUTURE LAND USE MAP DESIGNATION(FLUM)MAP;PROVIDING FOR AN EFFECTIVE DATE,(FILE NO,2022-163)
Visit Florida Keys has funding available for see map l below
those interested in applying for Destination or
Trumakey event binding for events to take place AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND
USE MAP FROM RESIDENTIAL MEDIUM IBM)TO CONMEACKL(MMM),FOR PROPERTY LOCATED AT 106261,106271,AND 108281 OVERSEAS
between October 1,2026 Co September 30,2027, HIGHWAY,KEY LARGO,DESCRIBED AS LOTS 1e-2D,BLOCK 3,OCEAN ISLE ESTATES,ACCORDING TO THE PLAT THEREOF AS RECORDED IN
or for pre-promotion funding for Destination PLAT BOOK 5,PAGE 14,OFTHE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA,CURRENT Y HAVING PARCEL IDENTIFICATION NUMBERS
events CO take place belWeen October 1,2027 00538800-000000'00538810-000000'AND 00538820-000000':AS PROPOSED BY FLO-GROWN HOME BUYERS,LLC',PROVIDING FOR
SEVERABIUTY;PROVIDING FOR REPEAL CONFLICTING PROVISIONS',PROVIDING FOR TRANSMITTAL-O THE STATE LAND PLANNING
and December 31,2027. AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FUR
AMENDMENT TO THE FUTURE LAND USE MAP;PROVIDING FOR AN TFECTIVE DATE.(FILE NO.2n25-069)See map 2 below
The deadline for receipt of applications is AN ORDINANCE BYTHE MONROE COUNTY BOARD OFCOUNTY COMMISSIONERS AMENDINGTHE MONROE COUNTY LAND USE DISTRICT
Mardi 25, 2026, and applications must (ZONING)MAPFRUM IMPROVED SUBDIVISION QS)TU COMMERCIAL-]RED,FUR PROPERTYLUCATED AT]06261,106271,AND 105281 OVERSEAS
be downloaded from the County's Bontirc HIGHWAY,KEY LARGO,DESCRIBED AS LOTS 1b-20,BLOCK3,OCEAN ISLE ESTATES,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
platform EDOK5,PAGEI4,OFTHE PUBLIC RECORDS OF MONROE COUNTY FLORIDA,CURRENTLYHAVING PARCELIDENTIFICATION NUMBERS 00538800-
p 000000,00538810-000000,AND 00538820-000000;AS PROPOSED BY FLO-GROWN HOME BUYERS,LLC;PROVIDING FOR SEVERABILITY',
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
For more information,please email grants@ THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(LUD)MAP;PROVIDING FOR AN EFFECTIVE DATE.
fla-keys-cum. (FILE NO.2025-070)See map 3 below
STOCK ISLAND SOUTH,LLC.7101 SHRIMP ROAD,STOCK ISLAND,APPROXIMATE MILE MARKER 4.75.OCEAN SIDE.AND MOBILE
HOMES HOLDINGS COCO,LLC.21585 OLD STATE ROAD 4A 1-4,LUD1OE KEY.APPROXIMATE MILE MARKER A.5:A PUBLIC HEARING
NOTICE OF REQUEST FOR CONCERNING A REQUEST FOR AN ADIFILT ENT OF THE REQUIREMENTS SET FOA-H IN MONAOE COUNTY LAND DEVELOPMENT CODE
HEIGHT VARIANCE SECTION 139-1(F)TO ALLOW A PROPOSED NONRESIDENTIAL DEVELOPMENT LOCATED AT 7101 SHRIMP ROAD ON STOCK ISLAND TO BE
LINKED TO AN AFFORDABLE HOUSING PROJECT THAT IS MORE THAN 15 MILES AWAY,LOCATED AT 21585 OLD STATE ROAD 4A,DOU CE KEY,
The Key West Roard of Al)nctmcntwill holds Public lTeanng IN ORDER TO SATISFYTHE NONRESIDENTIALINCLUSIONARY HOUSING REQUIREMENLTHE NONRESIDENTIAL PARCEL IS DESCRIBED As
Tht Klyity ah,13006V7uire Street,Key 11hAd a PchcLr March PARCEL OF LAND ON.TOCKISLAND LOCATED IN SECTION35,TOWNSHIP 57 SOUTH,RANGE 25 EAST,MONROE COUNTY,FLORIDA,HAVING
at�,2026 at 5 O0 PAI,ox a,won thacalcr a,the maurr shall PARCEL IDENTIFICATION NUMBER 00123726000400,THE AFFORDABLE HOUSING PROJECT IS LOCATED ON PROPERTY DESCRIBED AS
u,e mr the agenda. LOT 3n,SACARMA,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2,PAGE 48,OF THE PUBLIC RECORDS OF MUNORE
COUNTY,FLORIDA,HAVING PARCEL IDENTIFICATION NUMBER n017496,0HOHOn.(FILE NO.2025-250)
1TLc pu,pase of Gic Heating;,to consider.resolution[a,
A PU BLIC HEARING TO CONSIDER A REQUEST FOR ADMINISTRATIVE RELIEF FOR SUPEASTEIN,A0RMAN&MADELINE,FOR PROPERTY
Variance-3401 Dock Avenue(RE#W064740-uuuuuu), LOCATED AT 22931 CAPT MCD LANE,CUD10E KEY,BESCRIBED AS CUTS 5 AND 6,BLOCK 29,CUTTH OAT HARBOR ESTATES,ACCORDING
also known as 1621-1622 Splding Cmi-A request for TO THE PI AT-HEREOF AS R-CORDED IN PI AT BOOK 4 AT PAGE 165 OF THE PUBI IC RECORDS OF MONROE,FI FRIDA HAVING PARCEI
a height variance of 4'-u'q"above the maximum height IDENTIFICATION NUMBER 00182830-000000 AND 00182840-000000,AT APPROXIMATE MILE MARKER 23
permitted in the MDR-1(Aledium Density Residential)
-mg district pi-A to Section,122-280 of the Land MAP I MAP 2 MAP 3
Development Regulations, in ,it,,to accommodate
roottap mechanical cgmpmcnt and elevator ov , r
Il socited with the redevelopment otthe Pound-Rorale
hucture within the Patrician,Housing Complex;
pursu,nt to Sections 90 391 and 90-395 of the Code of
O,Zan-of the City of Key West,Ela,ida.
The rile may d d ce rig r avlar,if hear,A nn _
A ht.to Sinn PM.at the Cit Clerks WE,1 nn Wh,te.itreet.
I
ADA ASSISTANCE It the policy f the C;y t Key West
t ply Ivitf,'11 q- net' f the A 1wh
D-SabITr sAct(AD.A) Pleasecalltle TTY rr,em, tl-ion- .-ry i-
a,ImSs orfrvascel-son-95s-g770 oath,ADA Coordinator Please visit the Manrae County Website atwww.monmecounty-11.gov for meeting agenda updates and information regarding
at_n ag,m3N11 of....five business lays in advance for rigv
language inteeyeeteea,assistive listening device,,nx mateeials thevarious aptiansavailahle to the public to view the live meeting and/or to make public comments on certain agenda items.
aue,sthle fo,mat
Pursuant to Section 286,0105 Flonde Stattles,ifa person decides to appeal any decision of the Board of County Commissioners,with
Purcuantt,P.S.14SI1lo5,notice is given that if a pees,, r,Sp,ct!o any molter conside..datthe meeting a,hearing,heor She willneedarecordefthe preceedirfgs,and that,torsuch purpose,
decides to appeal any ded,inn made by the Cnmak,ici idr heorshe mayneedto ensure,terbahmrecerd ofthe proceedings IS made,which record Moieties the testimony&evidence upon which
,,,Peet m any matte,considered at such meeung e,hearing, the appeal is to be based.
thatpeemn will need a record efthe proceedings,and that,to,
inch purpose,that per., mayneedto ensure that,verbatim ADA ASSISTANCE,If you are a person with a disability who needs special accommodations in order to participate in this
mud at the proceeding.,is made,which,,card includes the proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the hours of a:30 a.m.-
testimemy and evidence span u-hKh the appeal i,to be ha,d. 5,00 p.m.,no later than five(5)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call?IL"
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