Resolution 123-1995
Growth Management Division
RESOLUTION NO. 123-1995
A RESOLUTION RESCINDING RESOLUTION NO.
158-1994, WHICH AUTHORIZED THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY, AND JOAN AND JEFFREY NOLAN
WHEREAS, Joan and Jeffrey Nolan purchased property from Mr.
Ambrose Splescia located at Lot 9, Block 12, Cutthroat Harbor
Estates, Cudj oe Key, on which a vertical seawall dock had been
permitted under Monroe County Building Permit No. 93-1-5583; and
WHEREAS, Permit No. 93-1-5583 was under appeal by the Florida
Dept. of Community Affairs; and
WHEREAS, the Nolans wished to enter into a settlement of the
appeal by a Settlement Agreement between themselves, the Dept. of
Community Affairs, and Monroe County; and
WHEREAS, such settlement was approved by the Board on May 17,
1994 via Resolution No. 158-1994 and executed by the Mayor on
behalf of Monroe County; and
WHEREAS, the Nolans subsequently sold the property to another
party, who has indicated that he/she does not wish to be a party
to the settlement; and
WHEREAS, upon such notification, the Dept. of Community Af-
fairs had not yet executed the agreement and did not finalize
same due to the wishes of the new owner; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
-,
~ ~.:~:;
;;z .,
::u ,.._~ ~
2:"'::7
, j --.- .-~
,....-f....
~
"TJ
rT')
o
2,;;;'
::r:a
;a
~
"7'1
C)
.-:;C
Ie
:;:0
Pl
C')
o
:u
CJ
-'r1
(::)
......,
Monroe County Resolution No. 158-1994 is hereby rescinded.
The Clerk of the Board is hereby directed to forward one (1)
certified copy of this Resolution to the Division of Growth
Management.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
18th day of
Apr i 1
, A.D., 1995.
Mayor Freeman
Mayor Pro Tern London
Commissioner Douglass
Commissioner Harvey
Commissioner Reich
yes
yes
not present
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
cS=-F~
MAYOR/C IRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY, ~~h~~
DEPU CL K
.,
~Il Efl . 'I' -,C""') -'
~ I ~ _ _ . I .~. \',: ;.' 1
Planning Department
RESOLUTION NO. 158-1994
'94 ~AYR~1oEJ116N OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
.', ',EXECUTE, ON BEHALF OF MONROE COUNTY, AN
;AGREEMENT BETWEEN THE FLORIDA DEPARTMENT
~l,)NHb'F cdMMuNITY AFFAIRS, MONROE COUNTY, JOAN
NOLAN AND JEFFREY NOLAN CONCERNING LOT 9,
BLOCK 12, CUTTHROAT HARBOR ESTATES
SUBDIVISION, CUDDLE KEY, APPROXIMATE MILE
MARKER 23
WHEREAS, Joan and Jeffrey Nolan (herein "the Nolans") are the
owners of real property described as:
Lot 9, Block 12, Cutthroat Harbor Estates subdivision, Cudjoe
Key, Monroe County, Florida (herein "the subject property"); and
WHEREAS, on January 21, 1993, Monroe County issued to Ambrose
Splescia, building permit No. 9310005583 for the construction of
a vertical seawall dock on the subject property; and
WHEREAS, on March 12, 1993, the subject property and building
permit were transferred to the Nolans; and
WHEREAS, the Florida Department of Community Affairs (herein
"DCA") appealed the building permit in a timely manner to the
Florida Land and Water Adjudicatory Commission, alleging that the
subject permit did not comply with Section 9.5-345(m) (2), Environ-
mental Design Criteria for Mangroves and Submerged Lands, of the
Monroe County Land Development Regulations; and
WHEREAS, the DCA and the Nolans wish to avoid the expense and
uncertainty of litigation and resolve the pending appeal; and
WHEREAS, the DCA and the Nolans wish to make Monroe County
a party to the agreement; and
WHEREAS, the parties agree to the following:
1. The Nolans have prepared revised plans for a concrete cap to
control shoreline erosion and stormwater runoff on the property
in the area abutting the canal, said revised plans are attached
to the Settlement Agreement as 'Exhibit A' and incorporated here-
in. The revised plans do not include the installation of davits
on the concrete cap.
2. The recommendations on the revised plans shall be require-
ments, unless otherwise modified in this agreement.
3. The principal purpose of the seawall is to control shore
erosion and stormwater runoff on the property at the area abut-
ting the canal, and not to serve as a mooring or docking facility.
4. Within two weeks following the construction of the seawall,
the Nolans shall provide Monroe County and the DCA with written
or verbal notice that development is completed.
5. The DCA and Monroe County shall be allowed reasonable access
to the site for inspection and verification of adherence to the
revised site plan. Such inspections shall commence upon receipt
of notice from the Nolans that construction is completed.
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between Monroe County, the
DCA and the Nolans complies with the Monroe County Land Develop-
ment Regulations; and
WHEREAS, the Director of Planning and the planning staff
consider the agreement to be in the public health, safety and
welfare; and
WHEREAS, therefore, the staff report by Lorenzo Aghemo,
Director of Planning, recommends approval of the agreement and
recommends that the Board of County Commissioners authorize the
Mayor to execute the agreement between the Florida Department of
. Community Affairs, Monroe County and the Nolans; so
NOW, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
The Board of Commissioners of Monroe County, Florida, agrees
with the recommendation of the Director of Planning that the
execution of this agreement would be in the best interests of the
citizens of Monroe County; and
Therefore, that the Mayor is hereby authorized to execute the
agreement between the Florida Department of Community Affairs,
Monroe County and the Nolans, a copy of said agreement is at-
tached hereto and incorporated by reference; and
That the Clerk of the Board is hereby directed to forward
three certified copies of the agreement to the Division of
Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 17th day of
May
, A.D., 1994.
Mayor London yes
Mayor Pro Tern Cheal yes
Commissioner Freeman yes
Commissioner Harvey yes
Commissioner Reich yes
( SEAL)
BOARD OF COUNTY COMMISSIONERS
o MONROE if~~
MAYOR/CHAIRMAN
ATTEST: DANNY L. KOLHAGE, CL
BY: ~ c. {1;~~
DEPUTY CLERK f
.,
Resolution #