Resolution 272-1989Monroe County Commission
RESOLUTION NO. 272 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A
SETTLEMENT AGREEMENT PERTAINING TO THE STATE OF
FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CASE
ENTITLED DEPARTMENT OF COMMUNITY AFFAIRS VS.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND
CLARENCE J. KEEVAN, CASE NO. 86-1340.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a Settlement Agreement, a copy of
same being attached hereto and made a part hereof, pertaining
to the State of Florida Division of Administrative Hearings case
entitled Department of Community Affairs vs. Monroe County Board
of County Commissioners and Clarence J. Keevan, Case No. 86-1340.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the O"eW day of A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(Seal)
Attest: DANlyy I;OLHAG4 Clerk
0y
LV: LV L- Nr!r 69.
To MOW
A riJ 4L FFI
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Petitioner, )
VS. ) CASE NO. 86-1340
)
MONROE COUNTY BOARD OF COUNTY )
COMMISSIONERS and CLARENCE J. )
KEEVAN, )
Respondents. )
------------------ -----------------)
SETTLEMENT AGREEMENT
Pursuant to Section 380.032 (3), Florida Statutes, the
parties to this appeal, Monroe County, Florida, a political
subdivision of the State of Florida (Monroe), the Florida
Department of Community Affairs (D.C.A.) and Clarence Keevan
hereby agree as follows:
WHEREAS
A. Clarence Keevan is the owner of Lot 37 of the Resurvey
and Resubdivision of Government Lot 1, Section 14, Township 27
South, Range 27 East, Sugarloaf Key, Monroe County, Florida
(subject property).
B. On March 11, 1985, Clarence Keevan submitted an
application to Monroe County to construct a single-family
residence on the subject property.
C. Clarence Keevan obtained a Write of Mandamus from Judge
I. Lester requiring Monroe County to issue the building permit
pursuant to the permit application. The Department was not a
party to the Mandamus proceeding.
D. On December 17, 1985, Monroe County issued Permit No.
14455 to Clarence Keevan for development of the subject property.
E. The Department of Community Affairs appealed said
building permit.
F. It is in the best interest of the parties to reach a
settlement.
NOW THEREFORE, the Parties agree that
1. Keevan shall prepare a landscaping and vegetation plan
for the subject property, and shall submit said plan to DCA for
approval. No development shall occur on the subject parcel until
the landscaping and vegetation plan is approved by DCA.
2. Keevan shall place the residence in the area shown on
Exhibit A, and shall disturb only the areas shown on Exhibit A.
All fill for driveway, turnaround and housepad shall be located
outside the shoreline protection zone as shown on Exhibit A. All
fill shall be stabilized to prevent encroachment upon the
adjacent wetland. The residence and driveway shall be bordered
by a hedge of scaveola, as shown on Exhibit A.
3. The house and boardwalk shown on Exhibit A shall be
elevated on pilings. The access driveway shall have piped
culverts as shown on Exhibit A.
4. Keevan shall remove the riprap located in the mangrove
community.
5. In lieu of obtaining a written finding by the Zoning
Board that the proposed development will not encroach upon or
destroy the value of areas within the shoreline protection zone
or otherwise adversely affect those conditions and
characteristics which promote shoreline stabilization, storm
surge abatement, water quality maintenance, wildlife and marine
resource habitats, and marine productivity, Keevan agrees that
the following activities are prohibited on the subject property
(except as provided in 1,2,3, and 4 above):
A. Dumping or placing of soil on other substances or
materials as landfill, or dumping or placing of trash, waste, or
unsightly or offensive materials;
B. Removal or destruction of trees, shrubs, or other native
vegetation;
C. Excavation, dredging, or removal of loam, peat, marl
gravel, soil, rock, or other material substances in such manner
as to affect the surface;
D. Surface use except for purposes that permit the land or
water area to remain predominately in its natural condition;
E. Activities detrimental to drainage, flood control, water
quality, erosion control, soil conservation or fish and wildlife
habitat preservation.
6. Monroe County building permit 1455, as amended by this
Agreement, shall not become effective until Keevan obtains the
necessary permits from DER. No fill may be deposited on the
subject property until Keeven obtains the necessary permits from
DER and the Army Corp of Engineers
7. This agreement is enforceable pursuant to Sections
380.032 (3) and 380.11, Florida Statues (1988). The prevailing
party in such an enforcement proceeding shall be entitled to
recover those costs and expenses incurred in such proceedings.
In addition, DCA shall be entitled to recover those investigative
costs and expenses incurred in such proceedings.
8. This agreement is effective as of date of last signing.
This agreement shall be filed of record in the Public Records of
Monroe County, Florida at cost of Keevan, within two weeks of
executio
ENCE KEEVAN
STATE OF FLORIDA 1
COUNTY OF MONROE
1989. SWORN TO AND SUBSCRIBED before me this S day of April
Notary Publid,ftate of Florida
My commissionexpires:
MONROE CPTJRTYr FLORIDA
BY:
(T t )
STATE OF FLORIDA
COUNTY OF MONROE
1
(SEAL)
At test :DANy U gOLFi�GE, Clerk
Z,"Oele-
C rer.
f I - —
Sworn to and Subscribed before me the day of /i%q..64,
1989.
otary 1 c, tate of
Florida, My co ission
expires: NOMY p State of f4' "*
'my Commission Eames lone 24 Ing
DEPARTMENT OF COMMUNITY AFFAIRS aoaaa Thm r-V ► ! &wasp., be.
BY:
(Title)
STATE OF FLORIDA
COUNTY.OF MONROE
Sworn to and subscribed before me this day of =,
1989."
Notary Public,, State of
Florida, My commission
expires:
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