Resolution 270-1994N
Planning Department
RESOLUTION NO. 270 --1994
.._ ...
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE ygQ� O F] ' �6
EXECUTE, ON BEHALF OF MONROE CC9F3NT ,
FLORIDA, AN AMENDED AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
MONROE COUNTY, SWEETWATER HOMES, INC. AND
ARNOLD AND ANNA MANGER, CONCERNINGI:LOT 3,
BLOCK 4, WINDWARD BEACH ESTATES, LITTLE
TORCH KEY, UNINCORPORATED MONROE COUNTY,
FLORIDA, AND LOCATED AT APPROXIMATE MILE
MARKER 28.5
WHEREAS, Anna and Arnold Manger are the owners of real proper-
ty know as:
Lot 3, Block 4, Windward Beach Estates subdivision, Little
Torch Key, Monroe County, Florida
herein referred to as "the subject property"; and
WHEREAS, Sweetwater Homes, Inc. is the General Contractor for
the owners; and
WHEREAS, on May 10, 1991, the Monroe County Building Depart-
ment issued to Arnold and Anna Manger, owners, and to Sweetwater
Homes, Inc., General Contractor, permit number 9110002526 for the
construction of a single family residence on the subject proper-
ty, and rendered the development order to the Department of Commu-
nity Affairs (herein DCA) on May 14, 1991; and
WHEREAS, The Florida Department of Community Affairs filed a
Notice of Appeal with the Florida Land and Water Adjudicatory Com-
mission appealing the issuance of the Monroe County Building
Department Permit No. 9110002526, alleging that the permit is not
in compliance with applicable provisions of the Monroe County
land development regulations; and
WHEREAS, The Florida Department of Community Affairs, Anna
Resolution ##
and Arnold Manger and Sweetwater Homes, Inc. desire to amicably
settle and resolve the foregoing dispute by agreement; and
WHEREAS, the Florida Department of Community Affairs, Arnold
and Anna Manger, Monroe County and Sweetwater Homes, Inc. agree
to the following:
1. Monroe County agrees to cancel the appealed Building Permit
No. 9110002526 and to issue a new building permit in accordance
with the site plan described in Attachment A of the Settlement
Agreement; and
2. The DCA agrees to file a Notice of Voluntary Dismissal upon
receipt of the modified building permit; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs, Sweetwater Homes, Inc. and Arnold and
Anna
Manger complies with the Monroe County Land Development Regula-
tions; and
WHEREAS, the Director of Planning and the planning staff
consider the agreement to be in the public health, safety and
welfare; and
WHEREAS, therefore, the staff report by Lorenzo Aghemo,
Director of Planning, recommends approval of the agreement and
recommends that the Board of County Commissioners authorize the
Mayor to execute the agreement between the Florida Department of
Community Affairs, Sweetwater Homes, Inc. and Anna and Arnold
Manger;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
Resolution #
That the Board of Commissioners of Monroe County, Florida,
agrees with the recommendation of the Director of Planning
that the execution of this agreement would be in the best inter-
ests of the citizens of Monroe County and we hereby approve and
adopt the agreement between the Florida Department of Community
Affairs, Sweetwater Homes, Inc. and Anna and Arnold Manger; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Mon-
roe County, Sweetwater Homes, Inc. and Anna and Arnold Manger,
a copy of said agreement is attached hereto and incorporated by
reference; and
That the Clerk of the Board is hereby directed to forward
three certified copies of the agreement to the Division of
Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of September , A.D., 1994.
Mayor London yes
Mayor Pro Tem Cheal yes
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich ves
BOARD COUNTY COMMISSIONERS
OF E Cb TY, F I*BA
BY:
avor/Chairman
(SEAL)
Resolution #
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS
Petitioner,
VS.
ARNOLD MANGER and ANNA MANGER,
Owners; SWEETWATER HOMES, INC.,
Contractor; and MONROE COUNTY,
a political subdivision of the
State of Florida,
Respondents.
CASE NO. 91-5969DRI
AMENDED SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into by Arnold Manger, Anna Manger,
Sweetwater Homes, Inc., Monroe County and the Department of
Community Affairs ("DCA"), an agency of the State of Florid; as a
complete and final settlement of all claims raised in the above -
styled appeal filed by DCA pursuant to Section 380.07, Florida
Statutes. This Amended Agreement supersedes the Settlement
Agreement entered into by the parties and executed on August 4,
1992.
WHEREAS, Arnold Manger and Anna Manger (herein "Owners") are
owners of certain real property in Monroe County known as Lot 3,
Block 4, Windward Beach Estates, Little Torch Key, Section 2.1,
Township 665, Range 293, Monroe County, Florida; and
WHEREAS, most of Monroe County, including the Owners'
property, is designated an Area of Critical State Concern under
1
Sections 3809.05 and 380.0552, Florida Statutes; and
WHEREAS, the Department of Community Affairs is the state land
planning agency with the duty and responsibility for the general
supervision and administration of the provisions of Chapter 380,
Florida Statutes, and the rules and regulations promulgated
thereunder, including the Monroe County land development
regulations; and
WHEREAS, Monroe County has adopted a comprehensive plan and
land development regulations which comply with the Principle for
Guiding Development for the Florida Keys Area of Critical State
Concern and which have been approved by rule by the Department; and
WHEREAS, DCA is the state land planning agency having the
power and duty to exercise general supervision of the
administration and enforcement of Chapter 380, Florida Statutes,
the Environmental Land and Water Management Act, which includes
provisions relating to the Florida Keys Area of Critical State
Concern; and
WHEREAS, DCA is authorized by Section 380.032, Florida
Statutes, to enter into an agreement with any landowner, developer
or other governmental agency as may be necessary to effectuate the
provisions and purposes of Chapter 380, Florida Statutes, or any
related rule; and
WHEREAS, DCA appealed Building Permits No. 9110002526 issued
by Monroe County to Arnold and Anna Manger through their agent
Sweetwater Homes, Inc.; and
WHEREAS, the parties hereto wish to avoid the expense and
2
delay of lengthy litigation and resolve the pending appeal under
the terms and conditions set forth herein, which terms and
conditions effectuate the provisions and purposes of the Act, and
it is in their best interests to do so; and
WHEREAS, Monroe County joins in this Agreement for the purpose
of implementing and enforcing same.
NOW, THEREFORE, in consideration of the terms and conditions
set forth hereafter and the full, complete and final settlement of
all claims arising out of the above -styled appeal, the parties
hereto agree as follows:
1. Representations. The representations set forth above
are incorporated herein and are essential elements hereof.
2. Issuance of New Development Order. Monroe County agrees
to cancel the appealed Building Permits No. 9110002526 and issue
new building permits in accordance with the facsimile transmission
site plan described in Attachment A which is attached hereto and
incorporated as a part of this agreement. The Department agrees to
cooperate with the Owners in all efforts to secure revised building
permits or agency permits as may be required to effectuate the
intent of this agreement.
3. Further Proceedings. Within 15 working days of DCA's
receipt of said modified building permits, DCA shall file a Notice
of Voluntary Dismissal of the above -captioned appeal.
4. Entirety of Agreement. The parties further agree that
this Settlement contains the entire and exclusive understanding and
agreement among the parties and may not be modified in any manner
3
except by an instrument in writing and signed by the parties. The
Settlement Agreement entered into by the parties on August 4, 1992,
is hereby superseded in its entirety by this Amended Agreement.
5. Enforcement. In the event of a breach of this Agreement
or failure to comply .with any condition of it or if it has been
based upon materially inaccurate information, DCA may enforce this
Agreement as provided in Sections 120.69 and 380.11, Florida
Statutes.
6. Scope of Authority. This Agreement affects the rights
and obligations of the parties under Chapter 380, Florida Statutes.
It is not intended to influence or determine the authority or
decisions of any other state or local government or agency in
issuance of any other permits or approvals that might be required
by state law of local ordinance for any development authorized by
this Agreement.
7. Release; Costs and Attorneys Fees. Each party hereto
releases the other from any and all claims or demands arising out
of the subject permit appeal. Each party shall bear its own costs
and attorney's fees incurred in connection with this proceeding.
8. Date of Execution. The date of execution of this
Agreement shall be the date that the last party signs and
acknowledges this Agreement.
9. Effective Date. This Agreement shall become effective on
the date the Florida Land and Water Adjudicatory Commission enters
a final order approving this Agreement and dismissing the subject
appeal.
4
IN WITNESS WHEREOF, the parties by and through their
respective undersigned duly authorized representatives have
executed this Agreement on the dates and year elow written.
BY:
RNOLD kArqutx W NESS
W I iESSJ
STATE OF
COUNTY OF RPioe .
THE FOREGOING instrument was acknowledged before me
this day of%Ir/v , 199 y- , by ARNOLD
MANGER, who is personally known to me or who has produced
as identification and who did (did not) take/Ah oaph,,j
(Seal)
BY:
ANNA MANGER
STATE OF
COUNTY OF C3Pr��n
Nota 3K Pub c / "r'
Nam
Co ission No.:
My Commis ion Expires: ''` ti
M7 J�;Wwtgm EX gifs NlY ii, IN6
6WIT;NESS
WIT ES
THE FOREGOING instrument was acknowledged before me
this Q"-4_ day of --J u /v , 19 9 y, , by ANNA
MANGER, who is personally known to me or who has produced
as identification and who did (did not) take /&pi o0th.
Notarv/fab-lic
(Seal) Commission No.:
My Commission Expire*j00
OF i16A r
ISE
i 4 ;;�WSSM EXPIRES KLY 12. INS
5
SWEETWATER HOMES, INC.,
a Flor poration —�
BY:
JACK SWEETING '
President
SWEETWATER HOMES, INC.
STATE OF —'k J r � (�•
COUNTY OF v-'-`" r"`t�--
_I
WITNESS
WITNESS
THE FOREGOING -instrument was acknowledged
this I -DI- day of`''� , 199 1-4
SWEETING, who is person y know to me or
produced
as identification
(Seal)
MONROE Y
BY•
CK LONDON
Mayor
STATE OF
COUNTY OF
before me
by JACK
who has
and who did (did not) take an oath.
Notary Pub N I S E NAL
Name•
Commission NoMO
My Commissio 14 XW: ag
HAb GENE 99i
ATTEST:
DANNY L. KOLHAGE, CLERK
THE FOREGOING trument was acknowledged before me
this 5k"% day of C)i sdoer , 199L_, by JACK
LONDON, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
Aary Pu lic
Name:
(Seal) Commission No.:
My Commission Expires: A-.-Lcrci5
*0TARY PUDUC, STATE OF FWRIDA.
N: .�1191 19
Imm Nr1MUM. UW
DEPARTMENT OF COMMUNITY AFFAIRS
BY: �E-4
LINDA LOOMIS SHELLEY
Secretary, Department of
Community Affairs
STATE OF F36 � dc-4-
COUNTY OF
WITNESSI
WITNESS
Approved as to form and
legal sufficiency:
Attorney, Department of
Community Affairs
T E FOREGOING
instru ent was
acknowledged
or
epq-hl.
this day of A/aU�om
199
,�
NDA
LOOMIS SHELLEY, who
is personally known
to me or
who
has
produced
as identification and who did (did not take an oath.
1.4 .
Notary Public ��LL
Name :
(Seal)
;;��0`,•�z�;Ss;;,q;�y:''0 '% Commission No.: J
�:.0G; My Commission Expires: z L cl
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ATTACHMENT "A" —
:'XiSTINft llZRAP 1LOCATION OF
PERMITTE0 -
410 RAMD
N
Pl';E
L;T
IT
OF
EXISTING WALL �37
APPLICAMT: SIT PLAN
GLEN�
ARNOLI KINIIA
SHEET 2 (IF 4 GLEN M AND ASSOCIATES, ZKC,
OROJECT-- P.O. Box 3406
SINGLI-FAMILY RESIDENCE IV ?0 MARATHON SHORES. FL 33052
(105) 743-9121
S�_OLL�z 20'
':NINS OWNERS
YEHMETH & GRACE SKEAFFTF
1363 DONNA W11 MIVF
4LBOURNE, FL 3M
NAN N (27'RlctlARD J. GAM IIAR7::�
1400 Nt 169th STR. APT, .-10
N. MIAMI BEACH, FL. 33162
IscurH PINE CwAwj�l
s
AGENT;
GLEN SOE & ASSOCIATES-.
P. 0.
box 3406
MARATHON SHORES. FIL. 3.1"52
(Incl ?A2-al9l
21.5
1 I
F'_ -F.?OPOSEO GRACE
EL. 5.0'_I
I
EL. 5.0' i-Ri?RA?
EXISTIN GRADE---'
SECTION A -A
v ll 7,1
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PERMIT
MOTE
as
SHADING ;NOiCA"ES FR?P05:0 F:
.e..r
J OFF
;a` 1
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v
- EL IEL.
:
EL.
rye.
EL. 2.<' �;
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s" 'I
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W�XiSTING GRADE —'�
REY'SED: 8-10-89
{
SECTION B-B 1-15.90
`
2-1-93
I
6-Z3-93
,
7p_ 7,NNT:
SECTION AL"r
ARNOLD MANGER n
��
r'RC_JEC': �;��'�J''
`
'PEET 4 OF 4
SCALE: 1" 10'
SCALE IN FEET
AGENT
GLEN GOE L ASSOCIATES, INC.
P.O. SOX 523406
SINGLE FAMILY RESIDENCE w�q\
0 10 70
.1ARATHON SHORES. FL 33052-3406
\\
(305) M-9121
REVISED: -10-84
1-15-90
93
'07E r r PROPOSED ri
q +-S: EHA'J:Na INvICAT.S ?F,OP.S_u LL
i,330± 5Q, FT./ i25_ CU. YOS.
ATONING :'+DILATES PA0?OSEO R:PRA?
"O .ETA., =:LL
PEROF
MIT
PROF, E_. 4.0'
PROD. EL. 2.
S VI
CECK
l
�iSANITARY LINE UIR07
1• K/
t
V
GRENAOA LANE
I
A;; P L :CA;:T:
ARNOLD MA.HGER
?LAN OF PROP05LO WORT;
` �:
AGENT:
SHEET 3 OF 4
GLEN EDE L ASSOCIATES, INC.
PROJEC':
SCALE: 1" - 10'
SCALE IN FEET
P.O. SOX 523406
MARATHON SNORES, FL
SINGLE FAMILY RESIQEIICE
It
4 20
330U-34J6
(205) 743-912I