HomeMy WebLinkAboutResolution 001B-1993Planning Department
RESOLUTION NO. 001-1993
A RESOLUTION OF THE MONROE COUNTY BOARD OF - T,
COMMISSIONERS AUTHORIZING THE MAYOR TO _
EXECUTE, ON BEHALF OF MONROE COUNTY, AN
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT -
OF COMMUNITY AFFAIRS, STEVE HANOVER AND
MONROE COUNTY CONCERNING LOT 12, SECTION
"B" OF LONG BEACH ESTATES, BIG PINE KEY, -
UNINCORPORATED MONROE COUNTY, FLORIDA,
APPROXIMATE MILE MARKER 33.
WHEREAS, Steve Hanover is the owner of real property de-
scribed as:
Lot 12, Section "B" of Long Beach Estates, Big Pine Key,
Monroe County, Florida; and
WHEREAS, Steve Hanover applied for a building permit to con-
struct a single family residence on the above -referenced lot; and
WHEREAS, on July 12, 1992, the Monroe County Building Depart-
ment issued building permit No. 91100002696 to Mr. Hanover for
the construction of a single family residence; and
WHEREAS, on September 4, 1992, the Florida. Department of
Community Affairs (herein "DCA") appealed building permit No.
91100002696, alleging that the the open spare ratio shown on the
site plan did not comply with applicable provisions of the Monroe
County land development regulations; and
WHEREAS, Mr. Hanover has submitted to DCA and to Monroe Coun-
ty a revised site plan in an effort to address the issues raised
by DCA in its appeal, which site plan the DCA and Monroe County
accepted; and
WHEREAS, the DCA and Mr. Hanover wish to resolve the pending
appeal under terms set forth herein; and
WHEREAS, Mr. Hanover, the DCA and Monroe County agree to the
following:
1. All recommendations in the revised site plan shall be require-
ments; and
2. If clearing of the subject property exceeds the cleared areas
depicted on the revised site plan, Hanover shall restore the
cleared areas by replanting the affected trees identified on the
revised site plan and by replanting disturbed ground cover; and
3. Mr. Hanover shall maintain an open space of ninety percent
(90%) on those portions of the subject property designated as
beach berm, as that term is defined in the Monroe County land
development regulations in effect on the effective date of this
Agreement; and
4. Within two (2) weeks following the development of the single
family residence authorized under the subject permit, Hanover
shall provide the DCA and Monroe County with written or verbal
notice that the development is completed. Within two (2) weeks
of such notice, the DCA and Monroe County shall inspect and veri-
fy that the development adheres to the .revised site plan; and
5. Monroe County shall not issue a certificate of occupancy for
the residential unit until DCA staff have inspected the site and
advised the County, in writing, that no violations have oc-
curred;
and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs and Steve Hanover, complies with the Monroe
County Land Development Regulations; 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 and Steve Hanover;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA 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
Therefore, that the Mayor is hereby authorized to execute the
agreement between the Florida Department of Community Affairs,
Monroe County and Steve Hanover, a copy of said agreement is at-
tached 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 19th day of January , A.D. , 1993.
Mayor London Yes
Mayor Pro Tem Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By \
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Resolution #
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
VS.
DOAH CASE NO.
STEVE HANOVER, OWNER/GENERAL FLWAC Case No. APP-92-043
CONTRACTOR; and MONROE COUNTY,
Respondents.
A G R E E M E N T
This Agreement is entered into between STEVE HANOVER, property
owner and general contractor (herein "HANOVER"); the FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (herein "DCA"), an agency of the
State of Florida; and MONROE COUNTY, a political subdivision of the
State of Florida.
WHEREAS, Hanover is the owner of real property known as:
Lot 12, Section "B" Long Beach Estates, Big Pine Key,
unincorporated Monroe County, Florida.
(herein "the subject property"); and
WHEREAS, on July 12, 1992, Monroe County issued to Hanover,
Owner and General Contractor three (3) building permits, each
numbered 91100002696, for construction of a single-family residence
on the subject property; and
WHEREAS, on September 4, 1992, DCA timely appealed the
building permits to the Florida Land and Water Adjudicatory
Commission, alleging that the permits are not in compliance with
applicable provisions of the Monroe County land development
regulations; and
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical State
Concern, as designed under Sections 380.05 and 380.0552, Florida
Statutes; and
WHEREAS, DCA is the state land planning agency with the duty
and responsibility of administering and enforcing the provisions of
Chapter 380, Florida Statutes, The Florida Environmental Land and
Water Management Act of 1972 (the "Act") and the rules and
regulations promulgated thereunder, which include the Monroe County
land development regulations; and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes, DCA
is authorized to enter into agreements with any landowner,
developer, or governmental agency as may be necessary to effectuate
the provisions and purposes of the Act or any rules promulgated
thereunder; and
WHEREAS, Hanover has submitted to DCA a site plan in an effort
to address the issues raised by DCA in its appeal, which documents
are acceptable to DCA with certain conditions described herein; and
WHEREAS, the parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending appeal under terms set
forth herein, which said terms 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 settlement agreement for
the purpose of implementing and enforcing same.
E
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein, and in consideration of the benefits to accrue
to each of the parties, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
1. Representations. All representations contained above are
incorporated herein and are essential elements hereof.
2. Site Plan. Hanover has submitted to Monroe County and
DCA, and the County has approved, a revised site plan dated October
19, 1992, which shortens the proposed driveway and relocates the
proposed dwelling unit closer to the roadway, in order to comply
with the open space requirements of the Monroe County Code. A copy
of the revised site plan is attached hereto as Exhibit A. The
revised site plan is acceptable to and is hereby approved by DCA
with the following conditions:
a. All recommendations in the revised site plan shall
be requirements, unless otherwise modified in this Agreement. All
use of the term "should" shall be deemed to be mandatory.
b. If clearing of the subject property exceeds the
cleared areas depicted on the revised site plan, Hanover shall
restore the cleared areas by replanting the affected trees
identified on the revised site plan and by replanting disturbed
ground cover.
C. The parties acknowledge that the subject property
consists of beach berm, transitional wetlands and mangrove
wetlands, and that an open space requirement of ninety (90%)
percent applies to the beach berm. Hanover shall maintain ninety
3
(god) percent of the beach berm as open space, as that term is
defined in the Monroe County land development regulations in effect
on the effective date of this Agreement.
3. Post Development Survey Inspection and Restoration.
a. Survev/Inspection. Within two (2) weeks following
development of the single-family residence authorized under the
subject permits, Hanover shall provide to DCA and Monroe County
actual written or verbal notice that development is completed. DCA
and Monroe County staff shall be allowed reasonable access to the
site for site inspection and verification of adherence to the
revised site plan. Such inspection shall occur no later than two
(2) weeks after receipt of notice from Hanover that construction is
completed. Within the same two -week time period, if no deviation
from the revised site plan has occurred, DCA shall notify Monroe
County that it is satisfied that violation of neither the Monroe
County land development regulations nor this Agreement has
occurred.
4. Certificate of occupancy. Monroe County shall not issue
a certificate of occupancy for the residential unit until DCA staff
have inspected the site and advised the County in writing that no
violation has occurred.
5. Dismissal of Appeal. Within five (5) days after this
Agreement is executed by all parties, DCA shall file the Agreement
with the Division of Administrative Hearings with a request that
the Division recommend to the Florida Land and Water Adjudicatory
4
Commission that it accept this Agreement and thereby conclude the
subject appeal. DCA shall endeavor to expeditiously conclude this
matter to avoid unnecessary delay to the Owner.
6. Effective Date of Agreement. The effective date of this
Agreement is the date on which the Florida Land and Water
Adjudicatory Commission enters an order approving this Agre'ement
and concluding this appeal.
7. Duplicate Originals. This Settlement Agreement may be
executed in any number of originals, all of which evidence one
agreement, and only one of which need be produced for any purpose.
8. Recordation of Agreement. This Agreement is intended to
and shall create binding a covenant running with the land. Within
one (1) week after entry of an order by the Florida Land and Water
Adjudicatory Commission concluding this appeal, Hanover shall
record this Agreement in the public records of Monroe County,
Florida, and shall provide proof of recordation to DCA, including
the official records book and page where this Agreement is
recorded.
9. 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 or local ordinance for any development authorized by
this Agreement.
5
10. 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 fees incurred in connection with this proceeding.
11. Entirety of Agreement/Amendment. This Agreement
constitutes the entire agreement of the parties. This Agreement
may be modified or amended only by a separate writing entered into
between the parties hereto and recorded in the public records of
Monroe County as provided in paragraph 8 above.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the data and year below written.
STEVE HANOVER, Owner/General
Contractor
G 9
Date
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this '/S4-
day of 6zP-Cwb1J , 19C4,--) by 4'Uen A • who is
personally known to me or who has produced his/her k y'Doo 40/sVk;"
I!7-7/ Somas identification and who did not take an oath.
3 ;;�?'r SHELLEY J. HEfnER
n
.. s)Ljl�'
MY COMMISSION / CC ifIM
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My Commission Expires: �(f
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Date
�en S
Date
STATE OF FLORIDA
COUNTY OF LEON
MONROE COUNTY, a political
subdivision of,the State of Florida
ck London, Mayor
(SEAL)
Attest: Danny L. Kohlage, Clerk
By c., .
Deputy Clerk
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
BY: `►.1��
Linda Loomis Shelley, Secr ry
The foregoing instrument was acknowledged before me this c�
day of , 19 "1.3 by Z' A� )c n..S who is
—`� —
personally known to me or « h=I'mnrod ice his./her_
as identification and who did not itA"t 00,,oath.
N(bt ry Public
Commission"EXpir�
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APPR ED S T FORM'
7 AND SUF NCY
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ttorney's Office
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OCT . t8 1992
nr.PA°R oEW OF
C, KEYS ()FFICF
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs.
DOAH CASE NO. APP-93-102
STEVE HANOVER, Owner/General
Contractor; and MONROE COUNTY, a
political subdivision of the
State of Florida,
Respondents.
S E T T L E M E N T A G R E E M E N T
This Agreement is entered into between Steve Hanover, property
owner and general contractor (herein "HANOVER"); the FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (herein "DCA"), an agency of the
State of Florida; and MONROE COUNTY, a political subdivision of the
State of Florida.
WHEREAS, Hanover is the owner of real property known as:
Lot 12, Section "B" Long Beach Estates, Big Pine Key,
unincorporated Monroe County, Florida.
(herein "the subject property"); and
WHEREAS, on November 3, 1993, Monroe County issued to Hanover,
Owner/General Contractor, a building permit numbered 9310006517 for
construction of a 480 foot wooden walkway and seating area on the
subject property; and
WHEREAS, on December 17, 1993, DCA timely appealed the
building permit to the Florida Land and Water Adjudicatory
Commission, alleging that the permit is not in compliance with
applicable provisions of the Monroe County land development
regulations; and
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical State
Concern, as designated under Sections 380.05 and 380.0552, Florida
Statutes; and
WHEREAS, DCA is the state land planning agency with the duty
and responsibility of administering and enforcing the provisions of
Chapter 380, Florida Statutes, The Florida Environmental Land and
Water Management Act of 1972 (the "Act") and the rules and
regulations promulgated thereunder, which include the Monroe County
land development regulations; and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes, DCA
is authorized to enter into agreements with any landowner,
developer, or governmental agency as may be necessary to effectuate
the provisions and purposes of the Act or any rules promulgated
thereunder; and
WHEREAS, Hanover has submitted to DCA a revised site plan in
an effort to address the issues raised by DCA in its appeal, which
documents are acceptable to DCA with certain conditions described
herein; and
WHEREAS, the parties wish to resolve the pending appeal under
terms set forth herein, which said terms 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 settlement agreement for
the purpose of implementing and enforcing same.
9
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein, and in consideration of the benefits to accrue
to each of the parties, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
1. Representations. All representations contained above are
incorporated herein and are essential elements hereof.
2. Post -Development Survey and Inspection.
a. Revised Site Plan. Hanover has submitted a revised
site plan (attached hereto as Exhibit A and incorporated herein by
reference) which shall be adhered to in the construction of the -
wooden walkway on site, including the following conditions:
i. The walkway shall be positioned so as to avoid
large trees, utilizing the path of least resistance; and
deleted; and
ii. The seating area of the walkway shall be
iii. Additional fill on the site, including but not
limited to pearock, concrete, sand, and similar material commonly
used for fill purposes, shall be prohibited; and
iv. Additional structures on the site shall be
prohibited.
b. Survey/Inspection. Within two (2) weeks following
development of the single-family residence authorized under the
subject permits, Hanover shall provide to DCA and Monroe County
actual written or verbal notice that development is completed. DCA
and Monroe County staff shall be allowed reasonable access to the
site for site inspection and verification of adherence to the
3
revised site plan. Such inspection shall occur no later than two
(2) weeks after receipt of notice from Hanover that construction is
completed. Within the same two -week time period, if no deviation
from the revised site plan has occurred, DCA shall notify Monroe
County that it is satisfied that no violation of the Monroe County
land development regulations and this Agreement has occurred.
3. Certificate of Occupancy. Monroe County shall not issue
a certificate of occupancy for the residential unit until after
Hanover has provided a post -development sketch of the site, DCA
staff have inspected the site, and DCA staff have advised the
County in writing that no violations has occurred.
4. Effective Date of Agreement. The effective date of this
Agreement is the date on which the Florida Land and Water
Adjudicatory Commission enters an order approving this Agreement
and concluding this appeal.
5. Duplicate Originals. This Settlement Agreement may be
executed in any number of originals, all of which evidence one
agreement, and only one of which need be produced for any purpose.
6. Recordation of Agreement. This Agreement is intended to
and shall create a covenant running with the land. Within one (1)
week after entry of an order by the Florida Land and Water
Adjudicatory Commission concluding this appeal, Hanover shall
record this Agreement in the public records of Monroe County,
Florida, and shall provide proof of recordation to DCA, including
the official records book and page where this Agreement is
recorded.
4
7. 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 or local ordinance for any development authorized by
this Agreement.
8. 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 fees incurred in connection with this proceeding.
9. Entirety of Agreement/Amendment. This Agreement
constitutes the entire agreement of the parties. This Agreement
may be modified or amended only by a separate writing entered into
between the parties hereto and recorded in the public records of
Monroe County as provided in paragraph 8 above.
5
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date and year below written.
STEVE HANOVER
.s 0By:
Date
STATE OF FLORIDA
COUNTY OF MONROE
as
Subscribed and sworn to before me by
of Steve Hanover this day of
51
Notary Public j�,j,�j,�d��,�
My Commission Expires:
NOTARY SEAL
(ZY P(,OFFICIAL
1eli
2 } n
BARBARA W HALLAM
COMMISSION NUMBER
CC1137111
MY COMMISSION EXP.
}'re pQ�
JAN. 9 1998
�0
Date
AND LEGAL SUPFX,,L: CY
er � Z4, I „
Attorneys Office
Date
STATE OF FLORIDA
COUNTY OF LEON
MONROE COUNTY, a political
subdivision of the State of Florida
By:
J London, Mayor
( SEAL)
Attest: Danny L. Kohlage, Clerk
By : e. a
Deputy Clerk Or
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
By:
Linda Loomis Shelley, Secretary
Subscribed and sworn to before me by.Linda Loomis Shelley, as
Secretary of the Department of Community Affairs, on this day
of
Personally Known
, 19_.
7
Notary Public
My Commission Expires:
MONRM CWJIV" NAILOM OENWMSNT
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IXE DESZRIPTION FEE ANT ANT PAID CREDITED DATE RCFT 999
PERMIT F19 .00 .00 .CO
*i3OUt WOODEN WALKWAY. $FR UNDlk
f:UNSTRIICTION
BIOLOGIST RECOMMENDS APPkOVXL AS PER
HONROR COUNTY CODS DLS-7-20-9i
I- POSITION WALKWAY TO AVC-LD LARGE TREES
(PATH OF LEAST RE.SISTANC9).
Z. SEATl!JU AREA MUST BE POSITIONED
L&HIND NNW LIME. DEVELOPMENT. xyrECTIVE
DArt IS 1-6-14
DCA APPEAL 19/17,ei-'- -- NO !W8P)i,:;Tl---,NB
CAN KPOE MADE OH WALKWAY ONLY
% )6-94 RXVI'SIONS PER DCA k1GUR;T.
RZVISION 15 TO CHANCE GROUND LEVEL
WA.Lkk,AV TO AN ELEVATED WA!KWAI. SEALED
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SIGNATURE OF OWNEPk CONTIV=OA OR
AUTHOFUM AGENT G OULWM WAMMENT
EXHIBIT A
PERMIT NUMBER: 9310006517
PERMIT TYPE: BUILDING -- REVISED PLANS
PROPERTY ADDRESS: LT 12 LONG BEACH EST S-0
OWNERS NAME: HANOVER STEVE
FOOTAGE. BIOLOGIST RECOMMENDS APPROVAL
3-24-94 AS PER MONROE COUNTY CODE WITH
CONDITIONS. (1) POSITION WALKWAY TO
AVOID LARGE TREES, (PATH OF LEAST
RESISTANCS). (2) DELETE SEATING AREA.
NON -DEVELOPMENT. EFFECTIVE DATE I9
418/94
DATE: 4/08/94
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