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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; • • 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. 2 • 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. 4 • 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. 5 . - I 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 • 1 • • . . . . .• . • . . . . .... . . . • ..., ! .taw 901.E.--1 89.94 I • .. I , I , . ELIST1N4 EEtt--61-1 • I UM ID Egefla UNO i V SEMI= I :II I g . I • I I . . I jll I If i I • I t I I I. . B I I..OT 9 1 LOTIO . . 1 P• ei I I 1 4, ti 1 —91-4.-44EVS Sisprie It II I 1........ fw. OPAINREIto • el AoosTioN.- I • t .12,-..,-_,. •!it.... ... tr,'-t; -- : • 'Ze:">4.74::: 1' . . Elmr. poul. Aft ' 1 1:1:.%-:'..-...; 'C''"-:.'"_••t I : ',It' '.'..'-•A 7 -th '1111111:16.=,r- ,T-I,7t., ..:,• . .. i , . 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