Resolution 275-1992Planning Department
RESOLUTION NO. 275-1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY, MARIANO FAGET, MARIA FAGET AND
ROBERT BILBOA, CONCERNING LOT 3, BLOCK 10
JOLLY ROGER ESTATES SUBDIVISION, LITTLE
TORCH KEY, UNINCORPORATED MONROE COUNTY,
FLORIDA, AND LOCATED AT APPROXIMATE MILE
MARKER 28.5
WHEREAS, Mariano and Maria Faget and Miguel and Vicky
Jimenez are the owners of real property know as:
Lot 3, Block 10, Jolly Roger Estates subdivision, Little
Torch Key, Monroe County, Florida
herein referred to as "the subject property"; and
WHEREAS, Robert Bilboa is the General Contractor for the
owners; and
WHEREAS, on January 11, 1991, the Monroe County Building
Department issued to Mariano and Maria Faget, owners, and to
Robert Balboa, General Contractor, permit number 9010001535 for
the construction of a single family residence on the subject
property, and rendered the development order to the Department of
Community Affairs (herein DCA) on January 15, 1991; and
WHEREAS, The Florida Department of Community Affairs filed a
Notice of Appeal with the Florida Land and Water Adjudicatory Com-
mission appealing the issuance of the Monroe County Building
Department Permit No. 9010001535, alleging that the permit is not
Resolution #
in compliance with applicable provisions of the Monroe County
land development regulations; and
WHEREAS, The Florida Department of Community Affairs, Maria
and Mariano Faget and Robert Bilboa, desire to amicably settle
and resolve the foregoing dispute by agreement; and
WHEREAS, the Florida Department of Community Affairs, Maria
and Mariano Faget and Robert Bilboa, agree to the following:
1. All buildings and structures on the subject property shall be
set back twenty (20) feet, measured from the existing boat basin;
and
2. Fill on the property shall be limited to that shown on the
site plan attached to this agreement. Otherwise development on
the subject property shall be elevated on pilings or other sup-
ports to ensure that the natural hydrologic regime is not al-
tered; and
3. The retaining wall shall be moved forward toward Le Grande
Road to minimize the amount of fill placed.on the subject proper-
ty;
4. All surface water generated by a storm event of three years
return frequency shall be retained on site and the site plan
shall reflect stormwater gutters along the entire roofline with
water directed away from the boat basin and canal; and
5. Owners have submitted to Monroe County and to the DCA a re-
vised site plan which demonstrates compliance with each of the
requirements contained herein; and
6. On entry of the final order by the Florida Land and. Water
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Adjudicatory Commission, Monroe County shall issue to the owners
a revised building permit consistent with the final order and
this agreement; and
6. This agreement is intended to constitute a covenant running
with the land. Within ten (10) days after entry of a final order
herein, owners shall record this agreement in the public records
of Monroe County, Florida, and shall provide proof of recordation
to Monroe County and DCA, including the book and page where re-
corded; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs, Mariano Faget, Maria Faget and Robert
Bilboa complies with the Monroe County Land Development Regula-
tions; 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, Mariano Faget, Maria Faget and Robert Bilboa;
NOW, THEREFORE, BE IT RESOLVED By THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Board of Commissioners of Monroe County, Florida,
Resolution #
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 we hereby approve and
adopt the agreement between the Florida Department of Community
Affairs, Mariano Faget, Maria Faget and Robert Bilboa; and
That the mayor is hereby authorized to execute the agreement
between the Florida Department of Community Affairs, Monroe Coun-
ty, Mariano Faget and Maria Faget and Robert Bilboa, a copy of
said agreement is attached hereto and incorporated by reference.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 9th day of June , A.D., 1992.
Mayor Harvey Yes
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Not present
Commissioner Stormont Yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY: Avill
DEPUTY LERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
• w
MAYOR/CHAIRMAN
7A
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V. CASE NO. 91-2656DRI
MARIANO FAGET, MARIA FAGET,
ROBERT BILBOA, and MONROE COUNTY,
Respondents.
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into between MARIANO FAGET and MARIA
FAGET, Owners; MIGUEL JIMENEZ and VICKY JIMENEZ, Co -Owners; ROBERT
BILBOA, General Contractor for Owners; the DEPARTMENT OF COMMUNITY
AFFAIRS, an agency of the State of Florida (herein "DCA"); and
MONROE COUNTY, a political subdivision of the State of Florida.
WHEREAS, MARIANO FAGET, MARIA FAGET, MIGUEL JIMENEZ, and VICKY
JIMENEZ are fee simple owners of real property known as:
Lot 3, Block 10, LeGrande Road, Jolly Roger Estates
subdivision, Little Torch Key, Monroe County, Florida
herein referred to as "the subject property"; and
WHEREAS, on January 11, 1991, Monroe County issued to the
Owners and Contractor building permits numbered 9010001535 for
development of a single-family residence on the subject property,
and rendered the development order to DCA on January 15, 1991; and
WHEREAS, on March 1, 1991, DCA timely appealed building
permits no. 9010001535 to the Florida Land and Water Adjudicatory
Commission; and
WHEREAS, most of Monroe County, including the subject
property, is 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, under 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 parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending appeal of building
permits no. 9010001535 under the terms and conditions set forth
herein, which said terms and conditions effectuate the provisions
and purposes of The Act and the regulations promulgated thereunder,
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.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings contained herein, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
2
1. Representations. The representations set forth above are
incorporated herein and are essential elements hereof.
2. Shoreline Setback. All buildings and structures on the
subject property shall be set back twenty (20) feet from mean high
water, measured from the existing boat basin on the subject
property.
3. Fill; Driveway. The subject property is "disturbed with
salt marsh and buttonwood association" as that term is used in the
Monroe County land development regulations. Fill on the subject
property shall be limited to that shown on the site plan attached
to this agreement as Exhibit A. Otherwise, development on the
subject property shall be elevated on pilings or other supports to
ensure that the natural hydrologic regime is not altered.
If at any time fill is deposited on the subject property in
excess of that authorized by this Agreement, it shall be removed at
the sole expense of the Owners and Co -Owners and the site restored
to its pre -violation condition.
4. Retaining Wall. Pursuant to a permit from the Florida
Department of Environmental Regulation, the site plan dated July
24, 1990, approved as part of the subject building permit, reflects
a 60 1. f. vertical retaining wall along the rear of the proposed
structure. The retaining wall shall be moved forward toward Le
Grande Road as part of the requirements herein to minimize the
amount of fill on the subject property. Any amendment to permit(s)
granted by the Florida Department of Environmental Regulation
3
and/or the U. S. Army Corps of Engineers which may be necessitated
because of this Agreement is the sole responsibility of Owners and
Co -Owners.
5. Surface Water Management. All surface water generated by
a rainfall event of 3 years return frequency shall be retained on
site, surface water shall not discharge directly into the canal
adjoining the subjects property, and surface water shall be
controlled to use in support of natural or landscape vegetation, as
provided in Section 9.5-293, Monroe County Code. Owners and Co -
Owners shall provide calculations prepared by an engineer which
demonstrate compliance with this requirement. Further, the site
plan shall reflect stormwater gutters along the entire roofline and
water directed away from the boat basin and canal.
6. Site Plan. Owners and Co -Owners have submitted to Monroe
County and DCA a revised site plan which demonstrates compliance
with each of the requirements contained herein. The revised site
plan is attached as Exhibit A and incorporated herein, and is
approved as part of this Settlement Agreement.
7. Further Proceedings. Within .five (5) days after this
Agreement is executed by all parties, DCA shall file the Agreement
with the Division of Administrative Hearings. The Department shall
request that the Division recommend to the Florida Land and Water
Adjudicatory Commission that it approve this Agreement and grant to
the Owners, Co -Owners and Contractor permission to develop a
single-family residence on the subject property according to the
requirements of the Monroe County land development regulations and
4
the terms of this Agreement, and that the Commission dismiss this
appeal. By their signatures hereon, the parties to this Agreement
consent to and join in such a request. DCA shall endeavor to
conclude this matter expeditiously to avoid unnecessary additional
delay to the Owners and Co -Owners.
8. Revised Building Permit. On entry of a final order by
the Florida Land and Water Adjudicatory Commission, MONROE COUNTY
shall issue to the Owners and Co -Owners revised building permits
consistent with the final order and this Agreement.
9. 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.
10. Recordation of Agreement. This agreement is intended to
constitute a covenant running with the land and shall be binding on
the parties, their successors and assigns. Within ten (10) days
after entry of a final order. herein, Owners and Co -Owners shall
record this Agreement in the public records of Monroe County,
Florida, and shall provide proof of recordation to MONROE COUNTY
and DCA, including the book and page where recorded.
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 Owners, Co -Owners, Monroe County and DCA, recorded in
the public records of Monroe County as provided in paragraph 10
above.
5
12. Enforcement. This Agreement may be enforced by DCA
pursuant to Section 380.11, Florida Statutes, or by DCA or MONROE
COUNTY as authorized by law.
13. Costs and Attorneys Fees. Each party shall bear h.s or
its own costs and attorney's fees incurred in connection with this
proceeding.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date and year below written -
Da e
STATE OF FL
COUNTY OF
Sub ribed and sworn to before me by MARIANO FAGET this
day of 19
✓/'� i 4,ir 1d7 i
IA-I
Date
STATE OF FLO DA ,..
COUNTY OF ,-A... �-
Nooee '.yyy P.{ubbl�ic/ 4
My commission expires:
NOTARY PUBLTC STATE OF FLOR10A
My
%. ✓ s l.� It ...
MARIA FAGET
a
Sub4cribed and sworn to before me by MARIA FAGET this U ''
day of 19'
14��,4111
G�--J!�_
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No�art Public
My commission expires:
6 NOTARY PL, IC STATE OF FLORIDA
o C 7P;; S �I' . Y'p NOY, ^6 1994
QONC�cD THRI� �L, ERAL INS. NND.
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ate
STATE OF FLOR,T1DA�
COUNTY OF
LROBERT BILA6A
Subs ribed and sworn to before me by ROBERT BILBOA this
day of 19 'y
Aq
Da
STATE OF FLORE�
COUNTY OF
Notary Public
e �" --4-
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
MY COPSMISSION EXP. NOU 25 1994
BONDED THRU GENERAL INS. UND.
DEPARTMENT OF COMMUNITY
AFFAIRS, an Agency of the
State of Florida
k- 0- - . -
By
Linda Loomis Shelley
Subscribed and sworn to before me by Linda Loomis Shel]iey as
Secretary of the Depart%�ypnt of Community Affairs, this 3/ day of
1970�1.
7
NVry Public
Mycommission
Date
AND LEf,/ /;f F^911%tiuY.
6, i99�/
Date
STATE OF FLqRIPA
COUNTY OF
MONROE COUNTY, a political sub-
division of the State of Florida
r
By a4a��)i
Wilhelmina Harvey, Mayor
ATTEST: Danny L. Kolhage, Clerk
-SEAL-
Sub ribed and sworn to before me by MIGUEL JIMENEZ this �p
day of , 19
NotA,ry Public
My commission expires.
NOTARY PUBLIC STATE OF FLORIDA
hiY COMMJSSTON F.XP. NOV.26, i994
BONDED il-iRU GENERAL INS. UND.
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STATE OF FLORIDA
COUNTY OF X
VICK NEZ
Sub4qribed and sworn to before me by VICKY JIMENEZ this .
day of F , 1922r-'
i
Q
N tary Public
My commission expires:
NOTARY PUBLIC STATE Or ELOP,IDA
Mt' "()"'MISSION EXP. NOV2g199A
BONDED THRL' GENERAL ., INS. LIPID.
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