Resolution 318-2004
RESOLUTION NO. 318 - 2004
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY VALERIO
EGUIZABAL ON THE LOT DESCRIBED AS LOT 7, BLOCK 4,
TAVERNIER OCEAN SHORES, KEY LARGO, REAL ESTATE
NUMBER 00483140.000000. THE RELIEF IS IN THE FORM OF
A DWELLING UNIT ALLOCATION AWARD.
WHEREAS, Valerio Eguizabal has submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (ROGO) in October of 2000; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, Valerio Eguizabal has applied for administrative relief under Monroe
County Code Section 9.5 122.2 (f); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5 122.2. (f) (6) and may grant the applicant a building
allocation, offer to buy the property at fair market value, or provide such other relief as may be
necessary and appropriate; and
WHEREAS, the lot is disturbed/scarified and the applicant received positive one point;
and
WHEREAS, Board of County Commissioners Resolution 223-2004 directs staff to
identify small parcels with indigenous hammock and pinelands for recommended purchase; and
WHEREAS, the subject property is not an area of indigenous hammock or pinelands;
and
WHEREAS, Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used
for determining lands that are appropriate for acquisition and the criteria includes the
environmental sensitivity of the vegetative habitat on the lot; and
WHEREAS, the subject property, located in Tavernier Ocean Shores IS not
environmentally sensitive;
WHEREAS, The Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1) The Eguizabal property, Lot 7, Block 4, Tavernier Ocean Shores, ROGO application
received no negative environmental points and one (1) positive environmental point; and
2) Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(f) of the Monroe
County Land Development Regulations provides a mechanism whereby an applicant who
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has not received an allocation award in ROGO may apply to the Board of County
Commissioners for administrative relief.
3) The applicant has been in the ROGO system for three ofthe last four annual allocation
periods and therefore qualifies for administrative relief; and
4) The property does not qualify under criteria established by Resolution 223-2004 for
purchase by the Monroe County Land Authority of small parcels with indigenous
hammock and pinelands; and
5) The property does not qualify as environmentally sensitive under criteria established by
Policy 101.6.5 and Policy 101.6.6 that directs the County to prioritize acquisition based
on the environmental sensitivity of the land.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Valerio Eguizabel for Lot 7, Block 4, Tavernier Ocean Shores,
administrative relief in the form of a dwelling unit allocation award, subject to the following
conditions:
1. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 101.2.13 and as required by Section 9.5-122.2 (f) of
the Monroe County Code; and
2. The allocation award shall be taken out of the next quarterly allocation which closes October
13,2004 (Quarter 1, Year 13); and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of August 2004.
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Mayor Murray Nelson
Mayor Pro Tern David P. Rice
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY ~~(~
" May Murray Nelson
(SEAL)
ATTE~~E,CLERK
qy cLERK
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