Item Q2
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
January 21, 2004
Division
County Attorney
AGENDA ITEM WORDING
Public Hearing of Resolution of the Recommended Beneficial Use Determination of
Victor and Thelma Holmstrom.
ITEM BACKGROUND:
Hearing Officer J. Jefferson Overby issued a Proposed Beneficial Use Determination.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of Monroe County Year 2010 Comprehensive Plan and ROGO.
CONTRACT/AGREEMENTCHANGES
N/A
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
COST TO COUNTY
BUDGETED Yes No
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL:~~ ~
J. R. C S '
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
QL
RESOLUTION NO.
County Attorney
-2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, EVIDENCING THE BOARD'S APPROVAL OF A
RECOMMENDED BENEFICIAL USE DETERMINATION PROMULGATED BY
THE SPECIAL MASTER, IN RE: VICTOR L. AND THELMA L. HOLMSTROM
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, the application of Victor and Thelma Holmstrom for determination of
beneficial use was heard by Special Master J. Jefferson Overby on September 30, 2003;
now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
The Findings of Fact and Conclusions of Law and recommendations of the Special
Master as set forth in the proposed determination are APPROVED and the application of
Victor and Thelma Holmstrom is accordingly APPROVED, subject to the conditions listed in
the attached Proposed Beneficial Use Determination, dated October 29, 2003.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 21st day of January, 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jBUHolmstrom
MONROE COUNTY ATlORNEY
~~ORM
ROB N. WOLFE
D~I~'~:l~~~~TTORNEY
"--...--
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
IN RE: Victor L and Thelma L Holmstrom
- Beneficial Use Application
/
PROPOSED BENEFICIAL USE DETERMINATION
The above-entitled matter was originally heard at a duly advertised and regularly scheduled,
public hearing on September 30,2003, at the Marathon Government Center.
The applicants, Victor L and Thelma L Holmstrom, were unrepresented, and Special
Assistant County Attorney, Karen Cabanas, and Planning Director, K. Marlene Conaway,
represented Monroe County.
ISSUE
Whether the applicants will be denied all reasonable economic use of their property by
application of Policy 204.2.6 and Policy 204.1.1 of the Year 20 I 0 Comprehensive Plan, and
whether the applicants are entitled to relief under Policies contained in Objective 101.18 of the
Year 2010 Comprehensive Plan (as administered and implemented in the "Agreement between
the Department of Community Affairs and Monroe County" dated February 23, 1998), the
approved portions of Ordinance 052-1997 and the Monroe County Code.
FINDINGS OF FACT
1. Applicants purchased the Subject property, a vacant lot, Lot 22, Block 4, Breezeswept
Beach Estates, Ramrod Key, in March 1988. RE # 00202310-000000. The Improved
Subdivision (IS) designation of the property allows one single fainily residential dwelling
and accessory uses to be located on the lot. It has NO TDR value under the current code.
2. Applicants applied timely for beneficial use designation in March, 2003.
3. The County's ADID (Advance Identification) of wetlands maps initially determined this
property to be "under seasonal high water" which would automatically categorize the lot
as "red-flag wetland and require 100% open space". Monroe County Code. Section 9.5-
348 (d) (6) of the Monroe County Code requires a county biologist to determine the
"quality of the wetland" through KEYWEP (Florida Keys Wetland Evaluation
Procedure). This has been recently completed.
4. Based upon this evaluation a score sheet was prepared by county staff and the subject
property was determined to be "a buildable wetland property" ( see Field Summary
Page-Attached).
5. The Planning Department has found that the applicants have no avenue for obtaining a
variance or variances from the regulations formerly forbidding building on this lot.
A. To deny beneficial use would essentially deprive the applicants,
Victor L and Thelma L Holmstrom, of any economically
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reasonable beneficial use of the property and their reasonably
incurred expenses, not including the cost of the land itself.
B. Without a Beneficial Use Determination in favor of the applicants,
the building of a structure, at this location! on Ramrod Key would
be impossible in the foreseeable future and denial of beneficial use
would be a denial of any reasonable economic use at this time.
C. Because the applicants, purchased the property in 1988, many years
prior to Monroe County's adoption of the Year 2010
Comprehensive Plan, the applicants, had every reason to expect
they would be allowed to construct a single family home on the
subject property.
CONCLUSIONS OF LAW
1. The applicants' property is in a platted subdivision, with roads and utilities in
place.
2. Based upon the County's recent calculations in KEYWEP, the lot should be
treated as a "buildable wetland property" subject to ROGO.
3. Pursuant to the Objective and Policy # I 0 1.18 adopted by Monroe County for the
purpose of the determination of beneficial use and for the effect of such determination, I have
considered the economic impact of the policy or regulations that prohibit the construction of the a
single family residence on the applicants' property and have considered the extent to which
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present Monroe County regulations have interfered with the applicants' reasonable investment
backed expectations.
4. Although just compensation could be the "preferred option" under Policy
10 1.18.5, there is no evidence that the Land Authority is interested in acquisition of the lot which
is located in the developed residential subdivision area of Ramrod Key.
WHEREFORE, I recommend to the Board of County Commissioners that a Final
Beneficial Use Determination be adopted, on the subject property, due to the applicants' having
met the criteria for eligibility set forth at 9.5-172 Monroe County Code. This approval should be
subject to the following conditions:
1. This Beneficial Use Determination shall not exceed five (5) years and is
contingent upon the applicants releasing Monroe County from any and all liability, past, present
and future, with regard to the subject property and improvements thereon.
2. The applicants shall not be exempt from Monroe County's Rate of Growth
Ordinance.
DONE AND ORDERED this October 29, 2003
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