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Resolution 198-2004 RESOLUTION NO. 198 - 2004 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING WITH CONDITIONS THE REQUEST FOR ADMINISTRATIVE RELIEF IN THE FORM OF A RESIDENTIAL BUILDING PERMITS MADE BY BYRON ASHBY ON THE LOT DESCRIBED AS BLOCK 12, LOTS 4 &5, PAMELA VILLA, KEY LARGO, REAL ESTATE NUMBER 00466180.000000. WHEREAS, Byron Ashby has submitted an application for a building permit allocation under the Residential Rate of Growth Ordinance (ROGO) in March of 2000; and WHEREAS, the application has been in the ROGO system for at least four (4) consecutive years; and WHEREAS, Byron Ashby has applied for administrative relief under Momoe County Code Section 9.5 122.2 (f) and is within the allowable time frame to be eligible for administrative relief; and WHEREAS, the Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5 122.2. (f) in the form of granting the applicant a building allocation, offer to buy the property at fair market value, or such other relief as may be necessary and appropriate; and WHEREAS, the application received negative (-2) points because the subject property is located in Habitat Group 2 which contains low quality hammock area; and WHEREAS, Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot; and WHEREAS, the subject property, located in Pamela Villa subdivision does not meet the ranking priority criteria for acquisition although it has received two negative points. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the request filed by Byron Ashby for administrative relief in the form of a residential building permit allocation is APPROVED subject to the following conditions: 1. The timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by Policy 101.2.13 and as required by Section 9.5-122.2 (f) of the Momoe County Code; and 2. The allocation award shall be taken out of the next quarterly allocation which closes July 13, 2004 (Quarter 4, Year 12) 3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit. Page 1 of2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19 th day of May , 2004. Mayor Murray Nelson Mayor Pro Tern David P. Rice Commissioner Dixie Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy yes yes y~R yes yell '.: .<!o ,.. .' ~ ~."""""~'~~:l" . . . ~~x---.~.\ ~'~"i~' :: -. ., '-~\ \~tJ~~~; ~~:~;.~;, ", : :~ ~~ ,}}J :'1< 't';;~, .: ~ 'c:fd ~'Jj , 'J" ",' -"'-> W;" " ./" ' f 'ii'l'~~y L. KOLHAGE, CLERK if~~c. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Byft~ (~ Mayor Murray Nelson r-..:J % c= -r, 0 0 c= .....~ ..r:- r- :z })> e r1'1 ::On~ Or-~'" :z: 0 rT1:x -~ J .." n'r' on, -..J 0 C::;Q ~; ::tJ z. c Z>> ::0 .....nr :<:-I:I: :z r1'1 "'" )> - <; - ,.. C') .. <:) ~ fT1 ::tJ a MONROE COUNTY ATTORN': cr~ AS TO FORM: . ~ 1~ -____ JOHN R. COLLINS COUNTY ATTORNEY Date.....o.t 1/J 3/ 0'( .~---' Page 2 of2