Resolution 201-1993 Planning Department
RESOLUTION NO. 201 -1993
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY, Al
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT L'j
OF COMMUNITY AFFAIRS, BEN P. HOUSER AND ZD
CAROL HOUSER AND MONROE COUNTY CONCERNING `T
LOT 9 AND HALF OF LOT 10, SUMMERLAND BEACH i ---'
SUBDIVISION, SUMMERLAND KEY, UNINCORPOR-- UJ
ATED MONROE COUNTY, FLORIDA, APPROXIMATE -o
MILE MARKER 25 . .tom
,3 -.7
WHEREAS, Carol and Ben Houser are the owners of real property
described as:
Lot 9 and half of Lot 10, Summerland Beach Subdivision,
Summerland Key, unincorporated Monroe County, Florida; and
WHEREAS, Carol and Ben Houser (herein "Housers" ) applied
for a building permit for land clearing, roofing, mechanical,
plumbing, electrical, and two additions to the existing single-
family residence on the subject property; and
WHEREAS, on September 9 , 1992, the Monroe County Building
Department issued building permit No. 9210004859 to the Housers;
and
WHEREAS, the building permit was transmitted to the Florida
Department of Community Affairs (herein "DCA" ) and was timely
appealed to the Florida Land and Water Adjudicatory Commission;
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and
WHEREAS, the DCA and the Housers wish to resolve the pending
appeal under terms set forth herein; and
WHEREAS, the Housers, the DCA and Monroe County agree to the
following:
1. All recommendations in the revised site plans (attached as
Exhibit A) shall be requirements;
2 . The entire area subject to the permit shall be enveloped by a
screened enclosure;
3 . The walkways from the house to the pool shall be covered by a
roof that adjoins the existing single-family residence;
4 . All additional accessways and staircases shall be eliminated,
with one point of access to the pool area, as identified on the
original site plan;
5 . A "kneewall" shall be constructed as an adjoining wall to the
existing single-family residence to which the screened enclosure
will be attached;
6 . The wetbars/kitchenettes shall be eliminated;
7. The Housers shall prepare and record a restrictive covenant,
as part of the deed to the subject property, which shall run with
the land which expressly identifies that the additional bedroom
units for use by family members and not for use, lease, rent or
sale to members of the general public;
8 . Within two (2) weeks following development of the two addi-
tions to the existing residence, the Housers shall provide to
Lanai ummogi
Monroe County written or verbal notice that development is com-
pleted and Monroe County shall not issue a certificate of occupan-
cy until such notice has been received;
9 . Monroe County staff shall be allowed reasonable access to the
site for site inspection and verification of adherence to the
revised site plan. Such inspections shall commence upon receipt
of notice from the Housers that construction is completed.
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs and the Housers, 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 the Housers;
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 the Housers, 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 25th day of May , 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
10! -
By Ar
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:gi C. 10 •
DEPUTY CLERK
Resolution # 201-1993
APPRO 11" FpRM
AND OF liNCY
' 6
BY w
torney's Office
STATE OF FLORIDA
DIVISION ,OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITYWAIRS
•
Petitioner,
vs. ' DOAH CASE NO. 92-7534DRI
FLWAC CASE NO. APP-92-053
BEN P. HOUSER, CAROL A. : HOUSER,
and MONROE COUNTY,
Respondents.
AGREEMENT
This Agreement is entered into between BEN P. HOUSER and CAROL
A. HOUSER, property owners (herein "Houser's") ; the FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, an agency of the State of Florida
(herein "DCA") ; and MONROE COUNTY, a political subdivision of the
State of Flprida.
WHEREAS, the Houser's are the owners of real property known
as:
Lot 9 and half of Lot 10, Summerland Beach Subdivision,
Summerland Key, unincorporated Monroe County, Florida
(herein "the subject property") ; and
WHEREAS, on September 9, 1992, Monroe County issued to the
Houser's, Owners and North Caribbean, Inc. , General Contractor,
building permit number 9210004859 for land clearing, roof,
electrical, mechanical, plumbing, and two additions to the existing
single-family residence on the subject property; and
WHEREAS, on October 23, 1992 , 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 wighin•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, the Houser's have prepared a revised site plan in an
effort to address the issues raised by DCA in its appeal, which
document has been approved by the County and is 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 purposes of implementing and enforcing same.
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NOW, THEREFORE, in 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. The Houser's have submitted to Monroe County
and DCA, and the County has approved, :a revised site plan. 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 as
reflecting the following conditions:
a. All recommendations in the revised site plan shall
be requirements, unless otherwise modified in this Agreement.
b. The entire area subject to the permit shall be
enveloped by a screened ; enclosure.
c. The walkways from the house to the pool shall be
covered by a roof that adjoins to the existing single-family
residence.
d. All additional accessways and staircases shall be
eliminated, with one point of access to the pool area, as
identified on the original site plan.
e. A "kneewall" shall be constructed as an adjoining
wall to the existing single-family residence to which the screened
enclosure will be attached.
3
f. The wetbars/kitchenettes shall be eliminated.
g. The Houser's shall prepare and record a restrictive
covenant, as part of the deed to the subject property, which shall
run with the land which expressly identifies the additional bedroom
units for use by family members and not for use, lease, rent or
sale to members of the general public.
3. Post-Development Survey, Inspection and Restoration.
a. Survey/Inspection. Within two (2) weeks following
development of the two additions to the existing single-family
residence authorized under the subject permits, the Houser's shall
provide to DCA and Monroe County actual written or verbal notice
that development is completed.
4. Certificate of bccupancv. Monroe County shall not issue
a certificate of occupancy for the residential unit until it has
received notice that the development is completed and it has
inspected same to be consistent with applicable provisions of the
Monroe County Code.
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
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 Owners.
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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 Agreement
and concluding this appeal.
7. Duplicate Originals. This Settlement Agreement shall be
executed in four (4) : 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 a binding 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, the Houser's shall
record this Agreement in the public; records of Monroe County,
Florida, and shall prol:iidet proof of recordation to DCA, including
the official records book and page where this Agreement is
recorded.
9. - Scope of Aut1ioritv. 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 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.
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.
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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 date and year below written..
HOUSER,
..t.i\gc))4 s"4-7 \-17 I
Owner
C L A HOUSER, Owner
1� (q .,
Date '
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 1 -)
day of /i') P4Y -, 199-? by n 1 '1114-4/4 A4' h -Who is
personally known to me or who has o uced his er _9•A.a LC &.
as identification and who did not take an oath.
v1
Notary Public
My Commission Expires: i E NALEPA
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. APR.17,1S95
BONDED THRU GENERAL INS. IRID.
6
MONROE COUNTY, a political
subdivision of the State of Florida
• 93 BY: ✓./.«_ / ...+l./1.�./ \
Date Ma ,!
(SEAL)
Attest: Danny L. Kohlage, Clerk
BY: C•
4./10d4:0
Deputy Clerk
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
day of , 19 by , who
is personally known to me or who has produced his/her
as identification and who did not take an
oath.
Notary Public
My Commission Expires:
APPRO T DRM
AND F ENCY
BY
forney's Office
7
•1
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
' l
BY:
Linda Loomis Shelley, Secretary
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of ,, 19 by , who
is personally known to me or who, has produced his/her
as identification and who did not take an
oath.
\ 1 :
Notary Public
My Commission Expires:
8
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