Resolution 126-2004
County Attorney
RESOLUTION NO. 126 -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 A. LOMRANCE
WHEREAS, on January 4, 1996, the Monroe County Year 2010 Comprehensive Plan
became effective; and
WHEREAS, the application of ROBERT A. LOMRANCE 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 2, 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 lots 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 Tern Rice
Com.missioner McCoy
'Commissioner Neugent
'Ctimmissioner Spehar
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BOARD OF COUNTY COMM.JSS{pNt:J{S
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Attl!$t:- DANNy L.KOLHAGE, Clerk
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MONROE COUNrV ATTORNEy
AB 0 FORM:
TN. WOLFE
CH~SSI TANt$. o~. A ;r.O..A..N.E.Y.
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BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Robert A Lomrance
-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 J, Wolfe, designated Beneficial Use Special Master, The
Application for a Detennination of Beneficial Use filed by Robert A Lomrance (the "Applicant"),
Andrew Tobin represented the Applicants. 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"), Policy 204,2.1
which includes a 1000.10 open space requirement for mangrove and salt marsh wetlands, and Policy
205,2.6 which requires an 80% open space ratio for high quality hammock, and whether the
Applicant is 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 consists of Lots 13, 14, 15 and 16,
Block 2, Rainbow Beach Estates, Big Torch Key, all of which are unimproved are zoned Native Area.
(NA),
. The Applicant purchased the Lots on May 13, 1981, The RE Numbers are 00234650-680,
3. The Native designation of the Lots and the characterization as hammock requires a 4 acre
lot for one house, The Lot size is 50' by 100', Combining all 4 lots is only ~ acre, Policy 102.1,1 and
Policy 204.2,1 includes a one hundred percent open space requirement for undisturbed wetlands.
Policy 205.2,6 requires an eighty percent open space for high quality hammock.
4. The Lots would score -52 points under the Rate of Growth ordinance scoring system for
being in a CARL acquisition area and consisting of habitat and endangered and threatened animal
speCIes.
CONCLUSIONS OF LAW
5. The Lots are designated Native Area - (NA), which allows one single family residential
dwelling unit per 2 acres, and is further restricted due to the hammock designation.
6, The provisions of Policy 102,1.1 of the Plan and Policy 204,2,1, both of which impose a
one hundred percent open space requirement for wetlands, and Policy 205.2,6 which requires an 8()o,Io
open space ratio for high quality hammock together with application of the negative points under the
Rate of Growth Ordinance and the low density of the Native Area zoning make the Lots unbuildable,
Thus, the Applicant has been deprived of all reasonable economic use of the 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,
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 in accordance with applicable provisions
of the Plan and the Code.
DONE AND ORDERED this 2nd day of May, 2003,
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John 1. lfe
Special: ster