Loading...
Resolution 363-1992Planninq De n.ent RESOLUTION NO. 363-1992 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE MAYOR TO F'LFP EXECUTE, ON BEHALF OF MONROE COUNTY, FLORIDA, AN AGREEMENT BETWEEN THE FLORIDA '92 i DEPARTMENT OF COMMUNITY AFFAIRS, MONROE COUNTY, SWEETWATER HOMES, INC. AND ARNOLD AND ANNA MANGER, CONCERNING LOT 3, BLOCK 4 WINDWARD BEACH ESTATES SUBDIVISION, LITTLE TORCH KEY, UNINCORPORATED MONROE COUNTY, FLORIDA, AND LOCATED AT APPROXIMATE MILE MARKER 28.5 WHEREAS, Anna and Arnold Manger are the owners of real. pr_oper- ty know as: Lot 3, Block 4, Windward Beach Estates subdivision, Little Torch Key, Monroe County, Florida herein referred to as "the subject property"; and WHEREAS, Sweetwater Homes, Inc. is the General Contractor for the owners; and WHEREAS, on May 10, 1991, the Monroe County Building Department .issued to Arnold and Anna Manger, owners, and to Sweetwater Homes, Inc., General Contractor, permit number 911.0002526 for the construction of a single family residence on ':-.he subject property, and rendered the development order to the I:)epartment of Community Affairs (herein DCA) on May 14, 1.991; 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. 9110002526, alleging that the permit is not in compliance with applicable provisions of the Monroe County land development regulations; and WHEREAS, The Florida Department of Community Affairs, Anna and Arnold Manger and Sweetwater Homes, Inc. desire to amicably Resolution # settle and resolve the foregoing dispute by agreement; and WHEREAS, the Florida Department of Community Affairs, Arnold and Anna Manger, Monroe County and Sweetwater Homes, Inc. agree to the following: 1. Monroe County agrees to cancel the appealed Building Permit No. 9110002526 and to issue a new building permit in accordance with the site plan described in Attachment A which is attached hereto and incorporated as a part of this agreement; and 2. The DCA agrees to file a Notice of Voluntary Dismissal upon receipt of the modified building permit; and WHEREAS, the staff report by Lorenzo Aghemo, Director of Planning, found that the agreement between the Florida Department of Community Affairs, Sweetwater Homes, Inc. and Arnold and Anna Manger 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, Sweetwater Homes, Inc. and Anna and Arnold Manger; 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, Sweetwater Homes, Inc. and Anna and Arnold Manger; and That the Mayor is hereby authorized to execute the agree- ment between the Florida Department of Community Affairs, Mon- roe County, Sweetwater Homes, Inc. and Anna and Arnold Manger, a copy of said agreement is attached 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 4th day of (SEAL) August , A.D., 1992. Mayor Harvey Yes Mayor Pro Tem London Yes Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor/Chairman Attest: DAI W L. YOIJUGP, Clerk CieYK 10 Resolution # STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, ) v. ) ARNOLD MANGER and ANNA MANGER, ) Owners; SWEETWATER HOMES, INC., ) Contractor; and MONROE COUNTY, ) a political subdivision of the ) State of Florida, ) Respondents. ) CASE NO. 91-5969DRI SETTLEMENT AGREEMEN THIS AGREEMENT is entered into by Arnold Manger, Anna Manger, Sweetwater Homes, Inc., Monroe County and the Department of Community Affairs ("DCA"), an agency of the State of Florida, as a complete and final settlement of all claims raised in the above - styled appeal filed by DCA pursuant to Section 380.07, Florida Statutes. WHEREAS, Arnold Manger and Anna Manger (herein "Owners") are owners of certain real property in Monroe County known as Lot 3, Block 4, 'Windward Beach Estates, Little Torch Key, Section 2.1, Township 665, Range 293, Monroe County, Florida; and WHEREAS, most of Monroe County, including the Owners, property, is designated an Area of Critical State Concern under Sections 3809.05 and 380.0552, Florida Statutes; and WHEREAS, the Department of Community Affairs is the state land planning agency with the duty and responsibility for the general supervision and administration of the provisions of Chapter 380, Florida Statutes, and the rules and regulations promulgated thereunder, including the Monroe County land development regulations; and WHEREAS, Monroe County has adopted a comprehensive plan and land development regulations which comply with the Principle for Guiding Development for the Florida Keys Area of Critical State Concern and which have been approved by rule by the Department; and WHEREAS, DCA is the state land planning agency having the power and duty to exercise general supervision of the administration and enforcement of Chapter 380, Florida Statutes, the Environmental Land and Water management Act, which includes provisions relating to the Florida Keys Area of Critical State concern; and WHEREAS, DCA is authorized by Section 380.0320 Florida Statutes, to enter into an agreement with any landowner, developer or other governmental agency as may be necessary to effectuate the provisions and purposes of Chapter 380, Florida Statutes, or any related rule; WHEREAS, DCA appealed Building Permits No. 9110002526 issued by Monroe County to Arnold and Anna Manger through their agent Sweetwater Homes, Inc., and WHEREAS, the parties hereto wish to avoid the expense and delay of lengthy litigation and resolve the pending appeal under the terms and conditions set forth herein, which terms apd conditions 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 Agreement for the purpose of implementing and enforcing same. NOW, THEREFORE, in consideration of the terms and conditions set forth hereafter and the full, complete and final settlement of r. all claims arising out of the above -styled appeal, the parties hereto agree as follows: 1. Representations. The representations set forth above are incorporated herein and are essential elements hereof. 2. Issuance of New Development Order. Monroe County agrees to cancel the appealed Building Permits No. 9110002526 and issue new building permits in accordance with the facsimile transmission site plan described in Attachment A which is attached hereto and incorporated as a part of this agreement. The Department agrees to cooperate with the Owners in all efforts to secure revised building permits or agency permits as may be required to effectuate the intent of this agreement. 3. Further Proceedings. Within 15 working days of DCA's receipt of said modified building permits, DCA shall file a Notice of Voluntary Dismissal of the above -captioned appeal. 4. Entirety of Agreement. The parties further agree that T this Settlement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing and signed by the parties. 3 5. Enforcement. In the event of a breach of this Agreement or failure to comply with any condition of it or if it has been based upon materially inaccurate information, DCA may enforce this Agreement as provided in Sections 120.69 and 380.11, Florida statutes. 6. scope of ,4uthoraty. 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 of local ordinance for any development authorized by this Agreement. 7. pelease ; Costs and AttQrDe_ys 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 coasts and attorney fees incurred in connection with this proceeding. 8. bate of Exn. The date of execution of this Agreement shall be the date that the last party signs and acknowledges this ,Agreement. 9. Fffectfve_D_atU. This Agreement shall become effective on the date the Florida Land and Water Adjudicatory commission enters a final order approving this Agreement and dismissing the subject appeal. n u IN WITNESS WHEREOF/ the parties by and through their respective undersigned duly authorized representatives have executed this Agreement on the dates and year below written. �F. BY' WTTNESSE OLD MAN STATE OF'. COUNTY OF 2,y e4 n The foregoi_ag instrument was acknowledged before me this day of _ I I) - - , 1992, by ARNOLD MANGER, who is personal},y known to me or who has produced t ke an `'�'�' I as identification and who did (did not) oath-. ,v Notary Publ c LISA A, C_AMFRONIE"SGY '3g3 Name (typed, printed or stamped) Ser al number, If any 5 J 13Y: ANNA MANGER •, STATE OF COUNTY OF WITNESSES:_-- .... n 77'- The Poxegoi i day o f nstrument was acknowledged before me this perso ..a y kn take an oath. own to me ' o1992, who by MANGER, who is has produced 9 a l"' as identification and who did (did not) No ary,Rubl c77, Name (typed, Printed or stamped) Ser al number, iP any SWEETWATER HOMES, INC., a Florida Corporation BY: - - WITNESSES: TITLE: , STATE OF FLoRIDA. , COUNTY OF The foregoing instrument was acknowledged before me this day o f , .3�ho x -- ----- , 19 9 2 , b produced Personally known to me or who has (did not) take an oath, as identification and i Notary Publ c -yl` �'t Name ( ed e tYp , pr nted or Serial number, if any r. MONROE COUNTY ATTEST: DANNY L. KOLRAGE, CLERK 4 BY: BY: IV06Gam.4. enweie W ME 19 A -RA.RV-EY Deputy Clerk Mayor 0q,-f/, /0? 7 STATE OF FLORIDA COUNTY OFtQIK.�PQ�J� The forego g ins rument was acknowledged before me this day of , 1992, by WILHELMINA HARVEY, CK who is personal known to me or who has produced as identification and who did (did not) take an oath. IFAI Notary Pub�lic � I-v)A)Sm/TW-P7. Name (typed, printed or stamped) Notary Public, State of Florida MY Cornmis--ien Juno 24, 1991 Bonded Thru Troy Fain - Insurpnce Inq Serial number, if any er 7 DEPARTMENT OF COMMUNITY AFFAIRS BY WITNESSES: L NDA OOMIS SHE LEY"' - Secretary C. Approved as to form and legal sufficiency: /I ��.✓ Attorney, Department bf commun ty Af fairs STATE �'LORIDA COUNTY O The forego g instrument was acknowledged before me this day of , 1992, by -NDA LOOMIS SHELLEY, secretary of the Dep tment of Community Af rs, who is personally known to me or who as produced as identification and who d (did not) take an oath. Notary Publ c Serial n printed or stamped; >ec` f any .J 9 �- :�, �l � STATE OF FLOR DA �PARTMENT Or EALTH AND REHABILITATIVE SERVICES� P r 1 � J:I ON iTr S i G� oi' rDSAL 1'ST�M CONSTRUCTION .,ND INSTALL ATIO� 1('C s.'`y� 1r40Nr�Ok GOU►yI Qkliu ""f ^1( r rCliCZ 0,-, iNUrn' .r.•..Y 1�� 7 erg I.� ..................... j_�Y�fw,,,�-.�_-- .-FART fl - Sid" PLa(Y..S IoN c4... L0 t 3, Uoch 4, Wind.acv-,d Beach t441 L.c.�..�.ti , � o2 To-te,1 Key, Sec. .o1, b6 S , r� Tcv,�, . can `�e .Zo c . hiorr.; "•-' ~� ,� i APPLICA,', ; A)wo4d MangeA �✓"� , l�'' J A,-' Y 0� Site.. FQood 7oite: VF•12 F"e moot Etev. No ' lop ` P9-r-X Arta QRipea a.p fff 44 1 1 w i,���i �! � �`��•t� ;``.``�M1 ��• Iry ' ' ` . ����`,,E �/ J J /.l_[J Imo" ~ ,•''•��'`.t h. '�l1,tC41'.l : V ' � i`I� L ,r - - � `~+-:,... r , ' .O y w w •�yT...-c—.. - - . f ..�.�---.•� . - — i --o�Rw� otes'. j AppZicc!l-t p�t0,1 corw%.Uo_t a OCA app)cave� ,nad��an S,�;z �'e- r.z�,;?1 Re"5.Cdznce on et,,ya,"a ' %,L�dence to cont'rz.,i.;z ,tvo (.1 bewtc'o+n,s. a; d ? be i C�.IS S i l�•'C'Jf C �tJC�Stii:Uti:: tiY��-91e1Y"t �ClLCy _r:. - n � �� L .{. i+.�1..4ik�.«� •.iid f11QJ.2.�G..l_%:Gt�i-_.. Ie Plan submitted by. ,...a.C..�!-��tiE`_.ti o�upisT,— Act*�'r� Swe. �w.:t.•.r�u --- ---- -T-- ------ --- — ��--- J j�n^j an AFProvcc __ � � �"" i�b�c�rovao -- Data County pu,zIiIS ALL, CHANGES MUST BE APPROVED BY THE COUNTr' PUBLIC HEALTH UNIT