Resolution 123-2004
County Attorney
RESOLUTION NO. 123 -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: ROBERT J. SCHNEIDER
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, the application of ROBERT J. SCHNEIDER for determination of beneficial
use was heard by Special Master John J. Wolfe on December 18, 2000; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
The Findings of Fact, Conclusions of Law and recommendations of the Special Master
as set forth in the Proposed Beneficial Use Determination, dated May 1, 2003, are
APPROVED. It is determined that in accordance with the provisions of Section 9.5-171 of
the Code, the applicant has been deprived of all economic use of his property by the
operation of the Plan and Land Development Regulations of the Code, and that the
appropriate remedial action is just compensation by purchase of the lot, to the extent that
it is above mean high water, in accordance with the applicable provisions of the Plan and
the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 17th day of March, 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
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Attest: DANNY L.KOLHAGE, Clerk
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Depu Clerk
jresschneider
M~~ROE COUNTY ATTORNEY
FORM:
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Robert J. Schneider
-Beneficial Use Application
/
PROPOSED
BENEFICIAL USE DETERMINATION
The above entitled matter was heard at a duly-advertised and regularly scheduled, public
hearing on December 18,2000, before John J. Wolfe, designated Beneficial Use Special Master. The
Application for a Determination of Beneficial Use was filed by Robert 1. Schneider (the "Applicant").
It was unclear at the Hearing whether the property was still in the name of the Applicant or his
children, but it was agreed that this determination would be applicable in either case. Andrew Tobin
represented the Applicant. Assistant County Attorney Karen Cabanas, Director ofPlanning, Marlene
Conaway, Assistant to the Planning Director, Julie Thomson, and Biologist, Ralph Gouldy,
represented Monroe County.
ISSUE
Whether the Applicant has been denied all reasonable economic use of the property by
application of Policy 102.1.1 of the Year 2010 Comprehensive Plan (the "Plan"), and Policy 204.2.1
which includes a 100% open space requirement for mangrove and salt marsh wetlands and whether
the Applicants are entitled to relief under Policies contained in Objective 101.18.5 of the Plan and
Section 9.5-173 of the Monroe County Code (the "Code").
FINDINGS OF FACT
1. The property of the Applicant subject to this Hearing are unimproved lots located in Silver
Shores Subdivision, Ramrod Key, and is zoned Native Area District (NA).
2. The Applicant purchased Lots 1 and 2, Block 4, Silver Shores Estates, RE # 00211250-
000000, which is the subject of this Hearing (the "Lots"), on September 8, 1964.
3. Policy 102.1.1 and Policy 204.2.1 of the Plan include a 1000,10 open space requirement for
mangrove and salt marsh wetlands. Allocated density may be assigned to salt marsh wetlands for use
as transferable development rights; mangroves shall not be assigned any density or intensity.
Mangrove habitat has no development value and is protected by Federal and state regulations.
4. The Lots were determined to be Mangrove and Salt Marsh Wetlands - predominantly
Mangrove, which prohibits development under any circumstances.
CONCLUSIONS OF LAW
5. The Lots are designated Native Area - (NA), which allows one single family residential
dwelling per two acres.
6. The provisions of Policy 102.1.1 and policy 204.2. 1 of the Plan provide that no portion of
the Lots may be filled and they must remain in a natural condition. Accordingly, the Lots have been
rendered unbuildable. Thus, the Applicant has been deprived ofall reasonable economic use of their
Lots.
7. There are no variances or other administrative options available to the Applicant for
development of the Lots.
8. The preferred relief under Policy 101.18.5 of the Plan and Section 9.5-173 of the Code,
when beneficial use has been deprived by operation of the environmental policies or objectives
contained in the Plan or application of Division 8 of the Land Development Regulations is
government purchase of the property for just compensation. This would apply to only the portion of
the Lots above mean high water as the submerged lands are owned by the State.
9. The Applicant and the Planning Director have agreed that this is the preferred relief
PROPOSED DETERMINATION
AND
STATEMENT OF REMEDIAL ACTION
In accordance with the provisions of Section 9.5-171 of the Code, my proposed detennination
is that the Applicant has been deprived of all reasonable economic use of the property by the
operation of the Plan and Land Development Regulations of the Code, and that the appropriate
remedial action is just compensation by purchase of the Lots, to the extent that they are above mean
high water, in accordance with applicable provisions of the Plan and the Code.
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