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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 . �_" pWS. 23, IM Notary P 1 i �i R o hnae nm Niwn Pak u aNV an c My Commission Expires: �(f n l- \q-q3 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� \k'v sme/skr c: \wp51 \files\agreemnt\hanover. dri APPR ED S T FORM' 7 AND SUF NCY 6Y ttorney's Office s so ;— le /yil ri 41, ,d. — - T l/ je4 tl�-��/�as.a• e v � C�IC7 P Q 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 Ckft AppNod rmpww tri: N-I... � ! . . . pm, "'66. po" 1y1- t '-I- !'t.AI: see" T-0-p- ftv. m9f �l ftam I Mini Mwiw oWly Add— Land Um DWW P*,***d by Lt*4vlon f4wrA L"W Addmm T 1. 7 ts b r G, F N L )wow-v No"/AO*~*Wowm owwmi oor*adw P.- E."i. P. .A T po VON �el p hIr RON Fl. OF& FFE pvs VANN SOLO" Fbod Moo P*W NQ Flood EW&tftn Fb*omwt uniks IXE DESZRIPTION FEE ANT ANT PAID CREDITED DATE RCFT 999 PERMIT F19 .00 .00 .CO *i3OUt WOODEN WALKWAY. $FR UNDlk f:UNSTRIICTION BIOLOGIST RECOMMENDS APPkOVXL AS PER HONROR COUNTY CODS DLS-7-20-9i I- POSITION WALKWAY TO AVC-LD LARGE TREES (PATH OF LEAST RE.SISTANC9). Z. SEATl!JU AREA MUST BE POSITIONED L&HIND NNW LIME. DEVELOPMENT. xyrECTIVE DArt IS 1-6-14 DCA APPEAL 19/17,ei-'- -- NO !W8P)i,:;Tl---,NB CAN KPOE MADE OH WALKWAY ONLY % )6-94 RXVI'SIONS PER DCA k1GUR;T. RZVISION 15 TO CHANCE GROUND LEVEL WA.Lkk,AV TO AN ELEVATED WA!KWAI. SEALED ?:.AXS 1N FILE. NO ADDITIONAL SQUARE DUAMMOF M)RF 74FOkPATI-3H T(; FAINT ADDITIONAL PAGE REQUIRED JL A COMML"TY AM IMWY$ m"m n[Al) THE F"AK OF Do 000UWW BEFOPW YOU WON AS Ck**k 0ONfRALTOR OR AANREE AUK. f `-lt/y % By ,�,� 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. 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