Resolution 202-1993J
Planning Department
RESOLUTION NO. 202-1993
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO y
EXECUTE, ON BEHALF OF MONROE COUNTY, AN i w -T1
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT '::0 rn
OF COMMUNITY AFFAIRS, JERRY BARNETT AND -77
SUSAN BARNETT AND MONROE COUNTY CONCERNING _;._ z T
LOT 4, WHISPERING PINES SUBDIVISION, BIG z
PINE KEY, FLORIDA, APPROXIMATE MILE 1V1ARKER-
31.
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A
WHEREAS, Jerry and Susan Barnett are the owners of real prop-
erty described as:
Lot 4, Whispering Pines Subdivision, Big Pine Key,
unincorporated Monroe County, Florida; and
WHEREAS, Jerry and Susan Barnett (herein "Barnetts") applied
for a building permit to construct a swimming/fishing structure;
and
WHEREAS, on September 16, 1992, the Monroe County Building
Department issued building permit No. 9110003347 to the Barnetts;
and
WHEREAS, the building permit was rendered 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 Barnetts wish'to resolve the pending
appeal under terms set forth herein; and
WHEREAS, the Barnetts, 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 length of the structure shall be 45 feet, with a four
foot railing. The base of the structure is six feet above mean
sea level;
3. The swimming/fishing platform at the terminus of the struc-
ture shall be 14 feet by 12 feet, for a total of 168 square feet;
4. Two foot cantilevers shall be constructed on three sides of
the swimming/fishing platform to prohibit boats from docking to
the platform;
5. On three sides of the structures, a sign stating "no diving,
no docking" shall be posted. No docking shall be permitted at
the structure;
6. The Barnetts have prepared a "Declaration of Restriction"
creating a covenant to run with the land providing that the pier
"be restricted so that no docking of any watercraft whatsoever
shall be permitted upon said pier." The Barnetts shall execute
the Declaration of Restriction and file it, within one week of
the execution of the Settlement Agreement, in the public records
of Monroe County;
7. The ladder on the swimming/fishing platform shall be placed
on the landward side of the platform to eliminate potential ac-
cess to the structure from a motorboat;
8. The DCA and Monroe County staff shall be allowed reasonable
access to the site for site inspection and verification of adher-
ence to the revised site plan. Such inspections shall commence
upon receipt of notice from the Barnetts that construction is
completed; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs and the Barnetts, 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 Barnetts;
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 Barnetts, 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 vac
Commissioner Freeman ;yes
Commissioner Harvey Yes
Commissioner Reich y es
By
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY • g�--
DEPUTY CL K
Resolution ## 202-1993
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
VlaYUK/UkiAlR AN
FORM
By ___
Aftorney's Office
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS
` Petitioner,
VS.
JERRY and SUSAN BARNETT,
and MONROE COUNTY,
DOAH CASE NO. 92-7279DRI
FLWAC CASE NO. 92-APP-052
Respondents.
AGREEMENT
This Agreement is entered into between JERRY BARNETT and SUSAN
BARNETT, property owners (herein "Barnett's"); the FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, an agency of the State of Florida
(herein "DCA") and MONROE COUNTY, a political subdivision of the
7
State of Florida.
41
WHEREAS, the Barnett's are the owners of real property known
as:
Lot 4, Whispering Pines Subdivision, Big Pine Key,
unincorporated Monroe County, Florida
(herein "the subject property"); and
WHEREAS, on August 20 and September 16, 1992, Monroe County
issued to the Barnett's building permit number 9110003347 and
Resolution No. P 27-92, respectively, for development of a
dock/fishing/swimming pier on the subject property; and
WHEREAS, on October 5, 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 within the Florida Keys Area of Critical State
Concern, as designated'unc7er.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 Barnett's have submitted to DCA a site plan in an
effort to address the issues raised by DCA in its appeal, which
document is attached hereto as "Exhibit All 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
2
WHEREAS, Monroe County joins in this settlement agreement for
the purposes of implementing and enforcing same.
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. The Barnett's have submitted to Monroe County
and to DCA a revised site plan, which will be incorporated into the
permit approved by the County. 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 length of the structure is 45 feet, with a four
foot railing. The base of the structure is six feet above mean sea
level.
C. The swimming/fishing platform at the terminus of the
structure is 14 feet by 12 feet, for a total of 168 square feet.
d. Two foot cantilevers are on three sides of the
swimming/fishing platform (all sides except that adhered to the
walkway portion of the structure) to prohibit boats from docking to
the platform.
3
e. On three sides of the structure, "NO DIVING, NO
DOCKING" signs are posted. No docking is permitted at the
structure.
f. The Barnett's have prepared a "Declaration of
Restriction," a copy of which is attached hereto as "Exhibit B,"
creating a covenant to run with the land providing that the pier
"be restricted so that no docking of any watercraft whatsoever
shall be permitted upon said pier." The Barnett's shall execute
the Declaration of Restriction and file it, within one (1) week of
execution, in the public records of Monroe County, and provide DCA
with a certified copy.
g. The ladder on the swimming/fishing platform is
placed on the landward side, of the platform to eliminate potential
access to the structure from a motorboat.
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 Barnett's shall
provide to DCA and Monroe County actual written or verbal notice
that development is completed.
4. Post -Development Survey, Inspection and Restoration. 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 inspections shall commence upon receipt of
notice from the Barnett's that construction is completed. DCA
staff shall inspect the site on an ongoing and intermittent basis,
4
and upon observation and documentation of any motorcraft docked or
moored at the subject "structure, on three (3) or more occasions
within any six (6) month period, then the Barnett's shall dismantle
and remove the structure, at their own expense, within thirty (30)
days of notice of violation of this agreement by DCA.
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 snail enaeavor Lu exYG%A-L---- j ------
matter to avoid unnecessary delay to the Owners.
6. 9ffective 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 Barnett's 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. A
9. scone 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.
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.
N.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date and year below written.
J Y ETT, Owner
/X X'0A-A&-P1
N BARNETT, Ow r
-li),Ul a -
Date
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this169
day of
19b by who is
C &personally known to me or who has produced his/her
as identification and who did not take an oath.
of y Public
My Commission Expires:
7
MONROE COUNTY, a political
subdivision of the State of Florida
os• .7S• 93 B
Date
Attest:
Danny L. Kohlage, Clerk
BY: •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
If
as identification and who did not take an
oath.
Notary Public
My Commission Expires:
8
APP E A 7,0 FORM
AN 1CIENCY
BY
s Office
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
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
oath.
41
as identification and who did not take an
Notary Public
My Commission Expires:
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GENERAL NOTES:
1.) All work shall conform to Monroe County Codes,Standards and
Specifications and to the most recent Standard Building Code.
2.) No pipe, conduit, sleeves or junction boxes shall be placed in
any structural member unless specifically indicated on drawings.
3.) All anchor bolts and through bolts shall be galvanized ASTM
A325. All other bolts and fasteners shall be galvanised.
4.) All lumber shall be visually graded, pressure treated, No. 2
So. Pine. Fb=1500 psi (minimum).
5.) Concrete work shall conform to ACI-318(Latest). Vc.=3000 psi
6.) The sides of all auger holes shall be washed and cleaned with
potable water prior to placing of concrete. Concrete shall not be
mixed in auger holes.
41
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Assoritates
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OF 7
DECLARATION OF RESTRICTION
KNOW ALL MEN BY THESE PRESENTS, that JERRY A. BARNETT
SUSAN M. BARNETT, his wife, the owners in fee simple of
following described land, situate, lying and being in the County of
Monroe, State of Florida, to wit:
Lot Four (4), Whispering Pines Plat No. 3, Big Pine Key,
according to Plat thereof recorded in Plat Book 4, Page
59, public records of Monroe County, Florida.
HEREBY MAKE the following declaration as to limitation,
restriction and use to which said land described above may be put,
hereby specifying that said declaration shall constitute a covenant
to run with the land as provided by law, and shall be binding pn
all parties and persons hereby acquiring any right, title or
interest in and to the~land above -described, or any part thereof,
this declaration being for the benefit of and in limitation upon
all future owners of and on the land as above -described, that istto
say:
M
1. The use of the pier constructed upon the land above -
described and pursuant to Monroe County Building Permit #91100033147
shall be restricted so that no docking of any watercraft whatsoever
shall be permitted upon said pier.
IN WITNESS WHEREOF, JERRY A. BARNETT and SUSAN M. BARNETT have
caused this DECLARATION OF RESTRICTION to be signed on this
day of
1992.
;TER A. BARNETT, Owhet
SAN M. BARNETT./ Owner
Page 1
0
STATE OF FLORIDA
COUNTY OF MONROE X.
The foregoing instrument was acknowledged before me this
Susan
day of and
SSE w•h� t� 1992 by Jerry A. Barnett
Barnett, who are personally known to me or who have produced
as identification and who did [did nqt]
take an oath.
Nam L ZINC
Notary Public, State of Florida
Commission No.: ANn V21-i>
My commission expires:
NOTARY PUBLIC DTAT8 Of P142M
NY CONK13SION EXP. APR-17,1"4 1
bONDED TFtRU GENIRAL INS. IND•
c:\wp\992\declarat
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