Resolution 125-2004
County Attorney
RESOLUTION NO. 125 -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: HUBERT S. TOST AND MARILYN N. TOST
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, the application of HUBERT TOST AND MARILYN TOST 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 applicants have been deprived of all economic use of their 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
MaYQr Pro Tern Rice
<:9mmissioner McCoy
~on,unissioner Neugent
CQh1missioner Spehar
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BOARD OF COUNTY C0Mf:1~IO~RS21
OF MONROE COUNTY, Ft.~R~A '!? ;~
By ~r/~~'
(~,EAl)
. J:\t:test: DANNY L.KOLHAGE, Clerk
B.a-..L~
Deput:1' Clerk
jrestost
MONROE COUNTY ATTORNEY
~ORM:
CHIEF A~~BE N. WOLFE
Date -? - ~ C~TSJ'TTORNEY
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Hubert S. Tost and Marilyn N. Tost
-Beneficial Use Application
/
PROPOSED
BENEFICIAL USE DETERNDNATION
The above entitled matter was heard at a duly-advertised and regularly scheduled, public
hearing on December 18, 2000, before John 1. Wolfe, designated Beneficial Use Special Master. The
Application for a Determination of Beneficial Use was filed by Hubert & Marilyn Tost (the
"Applicant"). Andrew Tobin represented the Applicant. Assistant County Attorney Karen Cabanas,
Director of Planning, 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 is an unimproved 8.8 acre tract
located on Niles Channel in Summeriand Key, and is zoned Sparsely Settled - Native Area (SS-NA).
2. The Applicant purchased the tract located in Part of Government Lot 2, Sect 25, T. 66S.,
R. 28E (8.8 acre tract on Niles Channel), RE # 00114550-001000, which is the subject of this
Hearing (the "Lot"), on October 17, 1968.
3. Policy 102.1.1 and Policy 204.2.1 of the Plan include a 100% 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 Lot was determined to be Mangrove and Salt Marsh Wetlands - predominantly
Mangrove, which prohibits development under any circumstances
CONCLUSIONS OF LAW
5. The Lot is designated Sparsely Settled - Native Area (SS-NA). The Sparsely Settled
designation allows one single family residential dwelling unit 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 Lot may be :filled and it must remain in a natural condition. Accordingly, the Lot has 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 Lot.
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.
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 determination 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 Lot, to the extent that it is above mean high water, in
accordance with applicable provisions of the Plan and the Code.
DONE AND ORDERED this 1st day of May, 2903.
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John 1. W)Me I
Special ,Master